LA JOLLA – A nonprofit group seeking to make La Jolla an independent municipality has counter-sued the city of San Diego in an escalating battle over whether to put the issue on the ballot.
The Association for the City of La Jolla (ACLJ) told residents at a Sept. 2 public meeting that they’ve filed a counteraction seeking to have the city’s suit voided. That legal action, known as an anti-Strategic Lawsuit Against Public Participation (SLAPP) motion, was taken in response to a lawsuit brought by the city against the San Diego County Local Agency Formation Commission (LAFCO), a state agency regulating the creation, expansion, and reorganization of local government agencies.
Grassroots ACLJ’s anti-SLAPP motion argues that the city’s lawsuit is “a meritless attempt to obstruct democratic participation and silence a public-interest effort through costly litigation.”
The city has amended its lawsuit challenging the ongoing effort to detach La Jolla from San Diego. The city is maintaining that a regional agency’s plans to proceed with the incorporation review process would impose “substantial irreparable harm” on it due to costs associated with city staff time required to review ACLJ’s proposal.
In a prepared statement, ACLJ argued that “The city’s shifting legal claims, first alleging insufficient (ballot initiative) signatures, and now citing economic inconvenience, reveal its true intent: to suppress lawful civic engagement. This is a textbook case of voter suppression. San Diego voters should be deeply alarmed that City Hall is using public funds to attack a community-driven process, one that simply seeks an open and transparent assessment of whether La Jolla could operate as an independent city. In the end, the decision of becoming a city belongs to the voters.”
ACLJ said the next step in the formal process for La Jolla to become a new city is to ask, “Could La Jolla stand on its own? A question that has been raised for decades.”
The reconstituted ACLJ board, with Diane Kane as its new president and Ed Witt as vice president, introduced itself at La Jolla Riford Library, with new board members addressing why incorporation is important — and why they’re involved.
“This is truly a community-driven campaign,” said Kane. “This would not have happened without you (public).” Kane added ACLJ is “hopeful the court will rule in our favor.”
Kane noted ACLJ will have to hire a consultant to conduct a final feasibility report on whether La Jolla could be viable as its own city, a process she expects to take six to 9 months. She added that the current timeline is to get the question of cityhood for La Jolla on an election ballot in 2028.
Witt referred to the adages that “freedom is not free” and that it “takes a village” to accomplish community endeavors. Of incorporation, he pointed out, “This is our best, and I guess last chance, to do this.”
Witt pointed out the novelty of ACLJ’s efforts. “This attempt at cityhood, for all of us, is extremely historical,” he said. “It has never been done before. Never has a city in California left a city. There have been cities that have left counties. But never a city separating from a city: This is a big deal.”
Board member Jeffery F. Scott talked about why he’s involved in the incorporation effort. “What I bring to the party is financial management,” he said. “To do this right, we can’t afford to make a mistake. This is a once-in-a-lifetime opportunity.”
Noting her passion is parks and beaches, board member Mary Munk stressed there is a long way to go for La Jolla to incorporate, adding what’s needed most is fundraising dollars to keep the cause going. “When you look at the numbers, we need $6 million to $8 million for a campaign,” she said, pointing out the rules require a successful incorporation to be revenue neutral. “The new city of La Jolla will be required to pay some kind of alimony (to San Diego),” she noted.
Board member Sharon Wampler, a biotech scientist, has been busy “crunching the numbers” with ACLJ’s paperwork required by LAFCO. “I’ve been here 36 years and I just saw an opportunity for improvement and self-determination and for the community to actually be better,” she said of her motivation for getting involved.
ACLJ board member and commercial real estate professional Ted Levis disclosed his motivation for joining the group, noting he’s become “frustrated with the city and what it’s done — and not done — for our community. Suppressing the voters is not the American way. I can’t sit around and see that happen.”
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