He is an unlikely hero, just a councilman in the sleepy seaside city of Seal Beach. But today he is the best friend to property rights advocates everywhere.
In late 2006 the city of Seal Beach voted to ban third-story additions in one part of town. They did not do so based on health or safety or traffic or parking concerns, just based on aesthetics and because a small but powerful minority wanted them to. Freshman Councilman Ray Ybaben voted with the majority. It was a personal blow because I had been helpful to Ray very early in his campaign and thought he would make good pro-property rights decisions.
Interestingly the council passed this anti-home improvement ordinance on the eve of the 2006 General Election. They even went so far as to hold a special weekend council meeting to do the second reading of the ordinance prior to the election. Why? Because they feared that if they waited and Proposition 90 passed, they would be liable for "taking" property rights from residents–pretty sneaky.
Right after the ordinance banning home improvements was passed, residents hired a petition firm to gather signatures for a referendum (my firm is a media and strategy consultant to these pro-property rights residents). Enough signatures were obtained and the council must now 1) repeal the ordinance, 2) put the referendum on the 2008 General Election ballot or 3) call a Special Election.
It looks like Councilman Ray Ybaben has come around and supports option 1 according to the Orange County Register. The final vote is February 12. If he follows through, Ybaben will be in the running for the annual property rights Hero award. Only those who win the daily, weekly or monthly property rights award are eligible for the annual one. Benefits of winning include bragging rights and my respect.