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HomeMy WebLinkAboutS27 - Resolution Opposing Safe & Healthy Communities InitiativeAgenda Item s27 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER DATE: April 26, 1999 TO: Members of the Newport Beach City Council FROM: Peggy Ducey, Deputy City Manager SUBJECT: Resolution of the City of Newport Beach opposing the Safe and Healthy Communities Initiative. BACKGROUND In the most recent attempt to overturn the requirements of Measure A, airport opponents have introduced a new ballot measure entitled "The Safe and Healthy Communities Initiative" that would require 2/3 voter approval of any plan to place a "noxious" project in Orange County. Though the goal of the measure is to stop a commercial aviation re -use of El Toro MCAS, the initiative has far - reaching consequences for a variety of land uses. The key provisions of the Initiative are as follows: ♦ Board decisions approving "any new or expanded jail over a certain size, hazardous waste landfill, or civilian airport project' are not valid until "ratified by a two- thirds vote of the voters voting at a County general election." ♦ Funds may be expended on planning for these projects only to the extent necessary for environmental review, placement on the ballot and public hearings conducted in "impacted cities ". ♦ "Civilian Airport Project' is defined to include: (a) Any change in operations at any existing civilian airport that increases the amount or changes the type of operations. (b) An expansion or change in operations at any existing airport, whether military or civilian, that increases the amount or changes the type of civilian or joint civilian and military cargo operations. (c) Any physical expansion of an existing airport if the expansion would permit a level of civilian operations greater that that which is currently permissible or authorized. ♦ The requirement for ratification by two- thirds of the voters applies even if there has been prior voter approval of the project. Measure A is specifically mentioned. ♦ The two- thirds ratification requirement becomes a simple majority if a court invalidates that component. ♦ The Initiative may be amended by a majority of those voting at a general election. Some of the arguments against the initiative are as follows: ♦ It is not good public policy because it requires voter approval on projects that may not be widely popular, but are in fact necessary to support the current and future growth generated in the County. ♦ The voter approval requirement is counter to the structure of our local governments, which is representative democracy. Rather than requiring voter approval on major governmental actions, our structure of government supports communities choosing elected officials to represent the community needs and desires on major public policy issues. ♦ ETRPA has argued that ballot box planning is not good public policy. However, the proposed initiative in fact advocates for more ballot box planning. ♦ ETRPA has long advocated for a side by side comparison of an aviation and non - aviation plan for El Toro, and promoted such a comparison so voters could actually choose between two different and detailed land uses. The proposed initiative does not permit the equal comparison that ETRPA has advocated. ♦ State law requires that jails be sited within the County they serve. This initiative would effectively prevent the siting or expansion of certain jails within the county. Initiative sponsors are now collecting signatures to place the measure on the March 2000 Primary Election ballot. By September 1, 1999, a minimum of 71,206 Orange County registered voters must sign a petition requesting that the measure be placed on the ballot. If enough valid signatures are gathered, the timeline is as follows: • by October 14, the Orange County Registrar of Voters must verify that at least 71,206 of the signatures are from valid, registered Orange County voters. • by December 10, the Orange County Board of Supervisors must act to place the measure on the March 2000 ballot. • on March 7, 2000, the measure is enacted if a majority of voters voting that day vote to support the Initiative. RECOMMENDATION Approve Resolution of the City of Newport Beach opposing the Safe and Healthy Communities Initiative. RESOLUTION RESOLUTION OF THE CITY OF NEWPORT BEACH OPPOSING THE SAFE AND HEALTHY COMMUNITIES INITIATIVE WHEREAS, El Toro airport opponents have introduced a proposed initiative called the Safe and Healthy Communities Initiative; and WHEREAS, the proposed initiative requires an affirmative vote of two- thirds of persons voting at a County General election to ratify any action by the County of Orange to site or expand certain jails, hazardous waste landfill, or civilian airport; and WHEREAS, the proposed initiative requires a super - majority approval for the designated projects, which will effectively prohibit any of these projects to be located in Orange County; and WHEREAS, the intent of the proposed initiative is to stop the construction of an airport at El Toro MCAS, even after there have already been two previous elections confirming an aviation reuse at El Toro; and WHEREAS, the intent is to stop an airport at El Toro, the initiative has grave and far - reaching public policy consequences for all current and future airport -elated projects as well as all jails and hazardous waste landfills; and WHEREAS, all communities, both in and outside Orange County, must be prepared and willing to adequately plan for and address the impacts of their own growth and not shift those impacts to other communities, and WHEREAS, as one of the most populated counties in the nation, Orange County must provide for its future transportation needs and ensure that the necessary infrastructure, including airports, are in place so that people, goods and services move through and within the county in an efficient and effective manner; and WHEREAS, the proposed initiative also restricts the siting of certain jails, and could prevent law enforcement from adequately housing criminals and ultimately protecting our communities, and which ultimately conflict with State law on the citing of jails; and WHEREAS, this proposed initiative may establish a precedent that encourages voter - approved public projects, rather than approvals based on representative democracy through a communities' elected officials. NOW THEREFORE, BE IT RESOLVED, that the City of Newport Beach opposes the Safe and Healthy Communities Initiative. ADOPTED this day of Mayor Dennis D. O'Neil ATTEST: CITY CLERK 1999.