Lemon Grove council opts to send petition banning retail bird sales to voters after split vote

A majority of the Lemon Grove City Council on Tuesday voted to move a citizen initiative that would ban retail sales of certain birds to the ballot, approving staff'recommended processing on a 3'to'2 vote after public testimony and council debate.

Proponents, who said they collected more than 2,600 valid signatures, urged the council to adopt the initiative ordinance immediately to avoid the expense of a November election. "A vote to send us to the ballot is a vote against the initiative," petitioner Adeline Adelson said, urging the council to adopt the measure directly.

"This isn't just a problem with one store," petitioner Vicky Snow told the council. "It's a problem with a system that has no minimum standard. Please use it tonight and vote yes to adopt this ordinance." Snow identified herself as a petitioner and recounted seeing birds in overcrowded, unsanitary conditions.

Council members were split over whether to adopt the ordinance outright or let voters decide. Mayor Pro Tem Heredia offered a substitute motion to receive the city clerk's certification of sufficiency, refund the $200 filing fee, and submit the initiative ordinance to voters without alteration; the council approved the substitute motion on a 3'to'2 roll call vote.

Council deliberations focused on legal risk and the financial impact of the initiative. A staff member explained that ordinances that remove a business's ability to operate can expose a city to legal challenges and potential damages; an amortization schedule for existing businesses is commonly used by municipalities to reduce that risk. Staff also said the initiative language calls for the measure to take effect immediately with enforcement beginning six months after adoption.

Proponents argued the change would not ban bird ownership or private sales but would prohibit retail sales from sources that traffic birds and would expand protections beyond dogs and cats. Supporters also said the measure would save the city money by avoiding a ballot expense, which they estimated at $25,000 to $50,000.

The clerk's roll-call record named the motion'maker as Mayor Pro Tem Heredia and a second by Council member Alta Murano; the motion carried 3'to'2. Recorded "aye" votes included Alta Murano and Mayor Pro Tem Heredia; recorded "no" votes included Mayor Snow and Council member Mendoza.

The council's action directs city staff and the clerk to process the petition for the ballot; proponents and opponents will have the opportunity to present arguments to voters if the measure appears on a future ballot. The council moved on to the next agenda item after the vote.