City of Capitola looking into legal issues with measure set for November ballot
A measure set to be on the November ballot could raise some legal conflict according to a lawyer for the City of Capitola.
The measure was brought on by the Nonprofit group Greenway, “this measure instead chooses to say that the Monterey bay scenic sanctuary trail plan should not divert into the surface streets of Capitola. SO it empowers the city council at something the have jurisdiction over,” says Greenway member Gail McNulty.
As it stands now without the measure, the Monterey Bay Scenic Sanctuary Trail could veer from the trestel tracks and onto Capitola City streets.
A passing vote with this new measure would make that against city policy.
Enough signatures were gathered for the measure to be on the November ballot, but the city is now reviewing it.
Vice Mayor Jacques Bertrand, says, “”The issues are basically how does this jive with our existing laws so to speak, that we’ve passed and put in place and the genera plan and other things we’ve approved over the years. So that came to us because we were basically told by our attorney that there’s a lot of conflicts.”
The city is waiting to get the information back from lawyers and will make a decision on where the measure will go from here at the next council meeting based on those findings.
One Capitola resident KION spoke with says he hopes voters get a say.
“I think there’s too much interest with board of supervisors and the rail company, I think everything should be up for a vote,” says David Fregger.
