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HomeMy WebLinkAboutCity Council - 2000-23 RESOLUTION NO. 2 0 0 0-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING MEASURE F WHEREAS, Measure F has received sufficient signatures to qualify for placement on the ballot for the statewide election scheduled for March 7, 2000; and This initiative prohibits the County from implementing the development or expansion of certain jails,hazardous waste landfills and other public facilities until hearings are conducted and two-thirds of persons voting at a County General Election approve the project; and The Orange County Sheriff has advised the Board of Supervisors that if this Initiative is enacted, "the County's ability to provide adequate . . .jail beds . . . to convicted criminals will be made much more difficult and public safety and quality of life in Orange County will be diminished"; and The Orange County Sheriff has also indicated that passage of this Initiative would mean that smaller satellite jails would have to be constructed throughout Orange County to accommodate prisoners and to comply with Federal Court orders; and This Initiative, if enacted,has far-reaching public policy consequences because it creates a precedent that would allow a small minority to prevent the construction of essential public infrastructure that is necessary to serve the needs of all Orange County businesses and residents; and This Initiative discriminates against the residents of cities and communities in other counties by forcing them to bear the burdens of Orange County's infrastructure needs, including jails and hazardous waste landfills that are necessary to support a growing Orange County, growth in large part generated by the south county communities sponsoring the Initiative; and This Initiative attacks one of the fundamental principles of our representative form of government by depriving duly elected officials of the ability to provide needed infrastructure and services essential to the well being of their constituents, and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: I. That the City of Huntington Beach opposes Measure F, the Safe and Healthy Communities Initiative, and urges all Orange County public agencies to do the same. 1 4-2000 Resolutions:Measure F RLS 00-096 2/l/00 1 f S - ';LOa c .��..3 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 2 day of February , 2000. Mayor ATTEST: APPRO D AS TO FORM: — - City Clerk /_�� City Attorney , -r REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adminisfrator Director f Organizational Effectiveness 2 4-2000 Resolutions:Measure F RLS 00-086 2/1/00 Publication]. Page 1 of 10 Res. 2000-23 MEASURE F INITIATIVE TO REQUIRE TWO-THIRDS VOTE FOR RATIFICATION OF NEW OR EXPANDED JAIL,HAZARDOUS WASTE LANDFILL OR CIVILIAN AIRPORT PROJECT. Shall the initiative treasure, which would require that no new or expanded jail, hazardous waste landfill or civilian airport project(all as defined in the measure)shall be valid and effective unless ratified by a two-thirds majority of the voters voting in a county general election and requiring that the Board of Supervisors conduct a public hearing in each affected city prior to project approval,be approved? IMPARTIAL ANALYSIS BY COUNTY COUNSEL MEASURE F COUNTY OF ORANGE This measure would require two-thirds of County voters to approve any new design or construction of any jail, hazardous waste landfill or civilian airport within the County, or the expansion of any existing jail,hazardous waste landfill or civilian airport within the County. The measure affects jails which contain at least 1,000 beds and are situated within one-half mile of at least 100 dwellings. The measure does not provide a time at which to determine if these criteria exist. Prior to ratification by the voters, and after the County Board of Supervisors holds a public hearing on the matter,the County would be permitted to spend funds for planning a jail, hazardous waste landfill or civilian airport project, and submitting the project to the voters. The County could also expend funds to prepare, evaluate and certify a legally required environmental impact report for a jail,hazardous waste landfill or civilian airport project. Following certification of the environmental impact report for a jail,hazardous waste landfill or civilian airport project,the Board of Supervisors would be required to hold at least one public hearing in every city in the County affected by the proposed project. Since the measure does not define"affected city"except for one limited type of project, it is theoretically possible that the measure would require the Board of Supervisors to hold hearings in every city in the county before it could approve a particular project. The measure would require two-thirds of County voters in a County General Election to ratify any legislative action by the County in furtherance of a new or expanded jail,hazardous waste landfill or civilian airport project. The term"County General Election"is not defined in the measure or by California law, so there is uncertainty as to when the voters could ratify a legislative action While such an election could probably be held on any election date set by Elections Code Section 324, it is possible that the vote could be only held in conjunction with even-year primary or general elections, thereby delaying voter ratification for as much as two years. The voter ratification requirement applies to a project despite any prior act by the County or Orange County voters, including the Orange County/El Toro Economic Stimulus Initiative(Measure A) adopted by the voters on November 8, 1994. The measure states that if any provision is held invalid by any court,that invalidity shall not affect http://www.oc.ca.gov/elecbon/candidate/m7O40.htm 2/9/00 Publication) Page 2 of 10 Res. 2000-23 other provisions. The measure further states that the people of Orange County declare that the initiative would be adopted with or without the two-thirds ratification vote requirement; and therefore, if a court holds that requirement invalid, the initiative shall be construed as requiring a majority vote for ratification. This measure requires an affirmative vote of a majority of the electors voting on the measure. The above statement is an impartial analysis of Measure F.If you desire a copy of the Measure, please call the Registrar of Voters office at(714) 567-7600 and a copy will be mailed at no cost to you. FULL TEXT OF MEASURE F THE SAFE AND HEALTHY COMMUNITIES INITIATIVE The People of the County of Orange hereby ordain and enact as follows: Section One: TITLE This Initiative shall be known and may be cited as The Safe and Healthy Communities Initiative. Section Two; PURPOSE AND FINDINGS The People of the County of Orange find and declare their rights in the following: A. The People of Orange County,not politicians, should make the decisions,by a two-thirds vote, on new or expanded jail hazardous waste landfill, and airport projects since these projects affect the health and safety of our neighborhoods and communities. This Initiative puts those decisions in the hands of the voters. B. Politicians should not be able to make big expenditures of our taxpayer money on those projects without our vote. This Initiative prevents that spending of our taxes without our consent. C. No Orange County neighborhood should be forced to accept these projects unless there is wide agreement that they are necessary. This Initiative makes sure that those projects can't be approved unless we agree. D. We deserve and expect communities that are safe and healthy. This Measure will help keep them that way and protect residents in every part of Orange County. E. In order to accomplish these purposes and secure these rights, the enactment of this Initiative is necessary and appropriate. Section Three: LIMITS ON BOARD OF SUPERVISORS' APPROVALS AND REQUIREMENT FOR VOTER RATIFICATION http://www.oc.ca.gov/election/candidate/m7U40.htm 2/9/UU Publicationl Page 3 of 10 Res . 2000-23 No.act by the County of Orange to approve any new or expanded jail, hazardous waste landfill, or civilian airport project shall be valid and effective unless also subsequently ratified by a two-thirds vote of the voters voting at a County General Election. Section Four: LIMITS ON COUNTY EXPENDITURE OF FUNDS Funds may be expended by the County of Orange as necessary for the planning of any project listed in Section Three and for the submission of an approved project to the voters for ratification as required herein,but only upon a vote of the Board of Supervisors after public hearing and only to the extent necessary (A)to define the project; (B)to prepare an environmental impact report or other documentation for the project required by the California Environmental Quality Act, commencing with Section 21000 of the Public Resources Code; (C)for the evaluation and certification of such an environment impact report or documentation; (D)for the hearing or hearings required by Section Five of this Measure and other law, and for approval of the project; (E)for the placement of the approved project thereafter on the ballot of a County General Election for the vote of the People required by this Initiative; and(F) as may otherwise be required by state or federal law. The Board of Supervisors may expend no other funds for any other purposes relating to any such project,until and unless the act by the County to approve the project is ratified by the voters as required by Section Three. Section Five: REQUIREMENT FOR PUBLIC HEARINGS Before any act by the County of Orange to approve any project listed in Section Three,the Board of Supervisors shall hold, with widespread public notice, at least one public hearing in each Orange County City that would be affected by the project. This hearing or hearings shall be held following the preparation, evaluation and certification of the environmental impact report or environmental documentation required for the project. Section Six: DEFINITIONS For purposes of this Initiative,the following definitions shall govern: A. "Act by the County of Orange to approve" includes, but is not limited to, any legislative action by the Board of Supervisors, in whatever capacity, enacting, adopting, amending, approving,or authorizing any general plan,zoning ordinance, specific plan,development agreement,airport master or master development plan,airport system master plan,management agreement, acquisition or conveyance of land, lease, license,financing decision(including a grant, subsidy, loan, or other form of financial assistance),the formation of any other governmental or quasi-governmental entity, the formation of any non-profit entity, and any other legislative action to permit or facilitate any of the following: (1) the design or construction of any new jail, new hazardous waste landfill,or new civilian airport; (2) the physical expansion of any existing hazardous waste landfill beyond its current legally permissible and authorized boundaries, or an increase in the amount of hazardous waste such a facility may receive above its current legally permissible and authorized limits; (3) the operation of any existing civilian airport beyond its current legally permissible and http://www.oc.ca.gov/election/candidate/m7O4O.htm 2/9/00 Publicationl Page 4 of 10 Res. 2000-23 authorized level of operations; (4) the physical expansion of the facilities of any existing civilian airport beyond their current and legally authorized size, where such expansion would permit a level of civilian operations greater than that which is currently permissible and authorized; (5) 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; or (6) the physical expansion of any existing jail that provides additional beds for persons confined therein;provided,however,that no provision of this initiative shall apply to any expansion of an existing jail where the expansion has been approved in a Stipulation and Judgment either by the City in which the jail is located or by each affected City and where the expansion is consistent with the Stipulation and Judgment. For purposes of this Initiative,"each affected City" shall mean each City located within one-half mile of the jail. The ratification requirements of Section Three of this Initiative and these definitions govern and are intended to apply only to the extent that the act by the County of Orange to approve is a legislative act that may be subjected to a vote of the People pursuant to Article H, Section 11 of the California Constitution. B. "Jail" shall mean any building or building complex designated by the County to be regularly used for the confinement of persons held in lawful custody that will contain, or already contains, 1,000 beds or more for such persons, where such building or complex, or any portion of the property on which it is located,is within one-half mile or less of one hundred or more residential dwelling units. C. "Hazardous waste" shall have the same meaning as specified in Health and Safety Code Section 25117; and"hazardous waste landfill"shall have the same meaning as specified in Health and Safety Code Section 25114_ D. "Civilian airport" shall mean any commercial air passenger or cargo airport in Orange County, including John Wayne Airport and any proposed civilian airport at the El Toro Marine Corps Air Station or the Los Alamitos Armed Forces Reserve Center, and any airport with joint civilian and military passenger or cargo use. Section Seven: CONSTRUCTION Nothing in this Initiative is intended to diminish or otherwise alter the requirements of the California Environmental Quality Act, commencing with Section 21000 of the Public Resources Code, applicable to any act by the County of Orange to approve a project prior to submission of the act to the voters for ratification. Nothing in this Initiative is intended to diminish or otherwise alter the requirements of any other state or federal law governing such approval or consideration of such a project by the County of Orange. The ratification requirements of this Initiative are intended to apply to any act by the County of Orange to approve a project listed in Section Three, even where some other act previously has been taken by the County or its voters relating to the project, including the enactment of the Orange http://www.oc.ca.gov/election/candidate/m7O4O.htm 2/9/00 Publicationl Page 5 of 10 Res. 2000-23 County/El Toro Economic Stimulus Initiative(Measure A)by the voters on November 8, 1994, or any subsequent approvals or actions relating thereto. The provisions of this Initiative shall prevail over any conflicting provisions of any legislation by the Orange County Board of Supervisors that was enacted between the date the Notice of Intention to propose this Initiative was submitted to the Orange County Clerk and the date this Initiative is adopted by the People. Section Eight: SEYERABILITY If any provision of this Initiative or the application thereof is}geld invalid by a court,that invalidity shall not affect other provisions or applications of the Initiative which can be given effect without the invalid provision,and to this end the provisions of this Initiative are severable. The People of Orange County find and declare that this Initiative would be adopted with or without the two-thirds ratification vote requirement of Section Three. As a result, if a court holds that requirement invalid, the Initiative shall instead be construed as requiring a majority vote for ratification. In addition, if a conflict exists between this Initiative and any other measure which is approved by the voters at the same election, the provisions of this Initiative shall take effect except to the extent they are in direct conflict with the provisions of such other measure and that measure receives a greater number of votes. Section Nine: AMENDMENT This Initiative may be amended only by a vote of the People at a County General Election. FISCAL IMPACT STATEMENT BY COUNTY AUDITOR MEASURE F Although an accurate fiscal analysis of this measure's impact on County expenditures and revenue is impossible, a general description of its impact is possible. In the event that the County undertakes to build or expand a commercial airport,build or expand a jail of over 1000 beds within one-half mile of residences, or build a hazardous waste landfill subject to the provisions of the Initiative,the following is an estimate of the additional costs that will occur: Cost Per Project Additional costs for the County Registrar of Voters for ballot processing, $30,000 — $50,000 printing and mailing costs for any projects requiring a 2/3 vote at a General County Election, as required by Section Three of the Initiative. Additional costs for the Board of Supervisors,Clerk of the Board and other county $500 — $35,000 http://www.oc.ca.gov/election/candidate/m7O4O.htm 2/9/00 Publicationl Page b of 10 Res . 2000-23 staff to plan and conduct public hearings, as required by Section Five of the Initiative. Additional costs(legal and/or administrative)needed to determine whether and 5 000 — $20,000 which projects are,in fact, subject to the Initiative. Total Cost Per Project $35,500 — 105 000 Other potential costs or lost revenue areas are more speculative and are more difficult to estimate than those mentioned above. For example, although there is a strong likelihood for future litigation costs to defend County decisions regarding which projects are, or are not, subject to the Initiative,the amount of these costs and their frequency is not determinable. Also, project delays resulting from delays imposed by the initiative:may create additional costs or reduce future revenues. For example, future state and federal grants for jail and airport projects could be lost if the County is unable to meet application deadlines or assurances as a result of the public notice and/or vote requirements. Any estimate of the future impact on Orange County tax revenues resulting from passage of the Initiative would require development of a full-scale econometric model. This would require a forecast of the impact on the County's tax revenues of jail, airport, and hazardous waste landfill projects not being constructed or expanded due to the Initiative, as compared to the economic impact of such projects going forward absent the Initiative's requirements. For example, assessed valuations and resulting property tax revenues could be impacted(positively or negatively) depending upon the public's reaction to cancellation of projects as a result of this Initiative. Such forecasts would be very complex and overly speculative. Accordingly,they have been excluded from the scope of this analysis. ARGUMENT IN FAVOR OF MEASURE F MEASURE F GIVES VOTERS A CHOICE Measure F gives voters—not County bureaucrats or special interests—the final decision on major taxpayer-financed projects. Over 192,000 Orange County voters signed petitions to put Measure F on the ballot because the County's bankrupt planning process has wasted millions of taxpayer dollars and ignored legitimate community concems. Measure F requires County bureaucrats to: - Fully disclose negative impacts caused by new jails, hazardous waste landfills,and new or expanded airports. - After full disclosure,they must get voter approval before spending our tax dollars. Measure F gives us the same protection against threats to our quality of life that Proposition 13 gave us against unnecessary tax increases. It requires that two-thirds of the voters approve projects that threaten the health, safety,and welfare of Orange County residents. http://www.oc.ca.gov/election/candidate/m7O4O.htm 2/9/00 Publicationl Page 7 of 10 Res . 2000-23 Measure F protects every Orange County community. . For residents of Newport Beach, Costa Mesa and Tustin, Measure F prohibits expansion of John Wayne Airport without voter approval. . For residents of Santa Ana, Orange,Anaheim,Fullerton,Huntington Beach, Yorba Linda and other communities impacted by 53 potential sites identified within the County, Measure F prohibits large jails less than half a mile from your neighborhood without voter approval. . For residents of Sea] Beach,Los Alamitos,Cypress and Central and South Orange County, Measure F prohibits commercial airports at El Toro or Los Alamitos without voter approval. Voters should make the final decision. Special interest opponents of Measure F are spending millions trying to confuse and mislead voters. But this election comes down to one simple question: Who do you trust to make the final decision on major taxpayer-funded projects---you or County bureaucrats? For our Families.For our Future.YES on Measure F. The Safe&Healthy Communities Initiative For more information,contact(949) 768A583 or www.safe-and-healthy.org s/Todd Spitzer, County Supervisor s/Tom Wilson, County Supervisor s/Pat Bates,Member, California State Assembly s/Mike Alvarez, City Council Member, City of Orange s/Susan Withrow,Chairman of El Toro Reuse Planning Authority REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE F MEASURE F IS DANGEROUS AND EXPENSIVE The Association of Orange County Deputy Sheriffs, crime victims, and our District Attorney urge voters to reject Measure F. Measure F threatens public safety because it will be virtually impossible to build new needed jails in Orange County. Measure F Could Mean New Smaller Jails In Cities Like Yours According to Sheriff Mike Carona, "Limiting the size of jails that can be built or expanded will result in the likelihood that more cities will be faced with the possibility of a jail near them..." The reason is simple. If you can't build adequately sized county jails, smaller jails will have to be built in city neighborhoods-maybe like yours-throughout Orange County. Measure F Will Free Jailed Criminals http://www.oc.ca.gov/electiorl/candidate/nl7O4O.htm 2/9/00 Publicationl Page 8 of 10 Res. 2000-23 Federal Courts have mandated that if there is not enough jail space, convicted criminals must be released early. Over 500,000 Jailed criminals in Orange County have been freed because of jail overcrowding since 1983. Nearly 20,000 jailed criminals in Orange County were freed in 1998 alone. Almost 4,000 early-released criminals were rearrested for committing new crimes. Measure F Will Cost Taxpayers Millions of Dollars Orange County taxpayers will have to pay up to $14.3 Million more each year to run smaller jails. National studies show that victim costs total over$450 Billion annually. It costs twice as much to let prisoners loose than to keep them locked up(U.S. Department of Justice). Protect our Families Vote "NO"on Measure F s/Tony Rackauckas,Orange County District Attorney s/James I. Cook, Chief of Police, City of Westminster s/Tom Daly,Mayor, City of Anaheim s/David P. Garofalo,Mayor, City of Huntington Beach ARGUMENT AGAINST MEASURE F Measure F Good For Convicted Criminals. Bad For Orange County. Rend The Fine Print First... For more than twenty years,our local citizens,business and law enforcement have worked together to make our county,and our quality of life,the best in our state. But much of that is at risk because of Measure F. Measure F promoters will have you believe this initiative is about converting El Toro Marine Air Station into a commercial and passenger airport. But after reading the fine print,you will see Measure F goes much farther than that. Measure F will make it virtually impossible to build additional jail space in Orange County to keep prisoners behind bars where they belong. According to Orange County Sheriff Mike Carona, "If the Safe&Healthy Communities Initiative is enacted,the County's ability to provide adequate numbers of jail beds to house arrested and http://www.oc.ca.gov/election/candidate/m7U4U.htm 2/9100 Publicationl Page 9 of 10 . Res. 2000-23 convicted criminals will be made much more difficult and public safety and quality of life in Orange County will be diminished." [November 5, 1999] In addition, The Orange County Register said in an editorial of October 29th, "The South County Measure threatens to gum up the works in the future, especially with regard to building a new jail ... That's why we oppose it." Regardless of your position on an airport at El Toro,Measure F is bad public policy that benefits convicted criminals at the expense of law-abiding citizens. Measure F threatens our quality of life. On Tuesday, March 7th, say`NO"to those willing to risk public safety. Vote "NO"on Measure F. s/Tony Rackauckas, Orange County District Attorney s/James I. Cook,Chief of Police, City of Westminster s/Tom Daly,Mayor, City of Anaheim s/David P. Garofalo,Mayor, City of Huntington Beach s/Dr. Judy B. Rosener,Professor, Graduate School of Management, UCI REBUTTAL TO ARGUMENT AGAINST MEASURE F The opponents' argument is deceptive. The truth is,Measure F places absolutely no restrictions on new or expanded jails unless they are near residential neighborhoods. Measure F requires voter approval for mega-size jails of 1,000 beds or more only if they are located "within one-half mile or less of one hundred or more residential dwelling units."(Safe and Healthy Communities Initiative, Section 6(13)) Measure F enacts a policy unanimously adopted by 31 Orange County cities supporting construction of jails only if they are"isolated from residential neighborhoods."(Orange County Division,League of California Cities,Resolution 14-96) Paul Walters, Santa Ana Police Chief and Past President, Orange County Chiefs and Sheriffs Association says,"Mega-size jails are not the correct public policy decision for our communities,and it is certainly not the prudent method of addressing Orange County's foreseeable detention needs." Measure F gives voters a choice about much more than large jails built in residential neighborhoods.It guarantees your right to vote on major taxpayer-funded projects impacting your quality of life. It guarantees your right to vote on County plans to build or expand a hazardous waste landfill in your neighborhood. It guarantees your right to vote on County plans for airports and airport expansions anywhere in the County—including Los Alamitos, John Wayne, and El Toro. Opponents of Measure F are more concerned with protecting their power than protecting your neighborhood. Measure F puts power where it belongs—in your hands. http://www.oc.ca.gov/election/candidate/m7O4O.htm 2/9/00 Publication) Page 10 of 10 Res. 2000-23 Vote YES on F—For Fairness... For Our Families...For Our Future. s/Todd Spitzer, County Supervisor s/Tom Wilson,County Supervisor s/Pat Bates,Member, California State Assembly s/Mike Alvarez,City Council Member,City of Orange s/Susan Withrow, Chairman El Toro Reuse Planning Authority http://www.oc.ca.gov/election/candidate/m7U40.htm 219100 Res. No. 2000-23 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 22nd day of February, 2000 by the following vote: AYES: Julien, Garofalo, Green,Dettloff, Bauer NOES: Sullivan ABSENT: None ABSTAIN: Harman City Clerk and ex-off cio CIA of the City Council of the City of Huntington Beach, California