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Home My WebLink About03 - Resolution Opposing Measure FCouncil Meeting 02 -08 -00 Agenda Item No. 3 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY February 8, 2000 TO: Mayor & Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Adoption of Resolution Opposing Measure F BACKGROUND Measure F is on the ballot for the March, 2000 election. As you know, the key provisions of Measure F can be summarized as follows: Board of Supervisor decisions approving "any new or expanded jail, hazardous waste landfill, or civilian airport project' are not valid until "ratified by a two- thirds vote'; 2. County "funds" may be expended on planning for these projects only to the extent necessary for environmental review, placement on ballot and public hearings (must be held in each "impacted" city); 3. "Civilian Airport Project is defined to include any `physical expansion" of an existing airport if the "expansion would permit a level of civilian operations greater than that which is currently permissible' or any "change in operations at any existing... airport." The City of Newport Beach and others have prosecuted a legal challenge to Measure F. The trial court expressed "grave doubts" about the validity of Measure F but did not find "compelling reasons" to prevent the Board from placing the initiative on the ballot. The Orange County Regional Airport Authority ( OCRAA) has adopted a resolution opposing Measure F as have some OCRAA member cities. Measure F is also opposed by Sheriff Mike Carona, District Attorney Tony Ruckaukas, the Orange County Taxpayers Association, the Orange County Business Council, the Orange County League of Woman Voters, the Orange County Deputy Sheriffs Association, the Orange February 8, 2000 Page 2 Central Labor Council, the Airport Working Group and Citizens for Jobs and the Economy. DISCUSSION Measure F was written by public entities opposed to a commercial aviation reuse of El Toro and the proposed expansion of the Musick Jail. The basic premise of Measure F is to give a minority of voters the ability to prevent the construction of vitally important public improvements that have been approved by the elected representatives of a majority of voters. The following are some of the more important reasons to oppose Measure F: 1. COUNTY CAN'T PROVIDE MODERN AIR TRANSPORTATION. The passage of Measure F would make it more difficult to implement a commercial aviation reuse of El Toro. El Toro represents the best opportunity for the County to provide the modern air transportation necessary to support our three most important economic sectors: tourism, trade and technology. The failure of the County to establish a commercial airport at El Toro will mean more traffic and air pollution for the cities between LAX and Ontario and the rapidly developing southern Orange County region. 2. COUNTY WILL CONTINUE TO RELEASE CRIMINALS TO COMPLY WITH FEDERAL COURT ORDERS. The passage of Measure F will also make it more difficult for the County to expand the Musick Jail. The Orange County Sheriff is under a federal court order to provide adequate housing for prisoners and the Sheriff does not have sufficient beds to comply with the order. The result is the early release of criminals. Irvine and Lake Forest — two cities that helped draft Measure F -have long opposed the County's proposed expansion of the Musick Jail. Without the expansion of Musick Jail, the Sheriff will be forced to continue the early release of prisoners. Measure F may force the County to construct numerous small jails throughout the County. 3. DOESN'T PREVENT THE EXPANSION OF JWA. The passage of Measure F will make expansion of JWA more likely — not less likely. The conversion of El Toro is time sensitive - a failure to construct an airport within a reasonable period of time may result in a different reuse. The passage of Measure F combined with a continuation of the expensive anti - airport effort by public and private entities could delay February 8, 2000 Page 3 implementation of the proposed airport system plan long enough to effectively prevent El Toro from becoming a civilian airport. JWA is, and will continue to be, a civilian airport and the expansion of JWA would only require a majority vote to amend Measure F even if the voters approve it. While an El Toro airport becomes less likely if construction is delayed, a vote to amend Measure F and expand JWA becomes more and more likely over time as the demand for air passenger and air cargo service increases as development proceeds in southern Orange County. 4. BAD PUBLIC POLICY. Measure F allows a small minority to veto decisions by the elected representatives of a majority approving public infrastructure vital to the health, safety and welfare of the entire community. The supermajority approval requirement of Measure F will be a major factor in decisions whether to construct, and where to locate, public infrastructure with the likely result being fewer projects in and around communities that have the resources to mount expensive election campaigns. RECOMMENDATION Staff recommends the City Council adopt the Resolution opposing Measure F that accompanies this memo. Robert H. Burnham Attachment F:\users\caftharecRCCmemoXMeasureF.doc RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OPPOSING MEASURE F WHEREAS, the Orange County Board of Supervisors has placed Measure F on the ballot for the statewide election scheduled for March 7, 2000; and WHEREAS, Measure F prohibits the County from implementing projects that would expand or construct certain jails, civilian airports and hazardous waste landfills until hearings are conducted and two- thirds of those voting at a County General election approve the project; and WHEREAS, as one of the most populated counties in the nation, Orange County must provide modern air transportation facilities to ensure that its three major economic segments — trade tourism and technology — can continue to flourish in the increasingly competitive world economy; and WHEREAS, in light of the projected growth in southern Orange County and recent air traffic demand projections by SCAG, traffic congestion and air pollution will increase in central, western and northern Orange County if El Toro does not become a commercial airport because residents and businesses will be forced to drive to LAX, Ontario and other outlying airports to find passenger flights and air cargo service; and WHEREAS, Measure F would allow one -third of the Orange County voters to prevent a commercial aviation reuse of El Toro MCAS even though a majority of voters support the project; and WHEREAS, the Orange County Sheriff has advised the Board of Supervisors that if Measure F is approved by the voters "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 WHEREAS, the Orange County Sheriff has also advised the Board of Supervisors that voter approval of Measure F would mean that numerous small satellite jails would have to be constructed throughout Orange County to accommodate prisoners and to comply with Federal Court orders; and WHEREAS, Measure F, if approved by the voters, would allow a small minority of citizens to prevent the construction of essential public infrastructure and may cause public improvements to be constructed in areas that do not have the funds to wage expensive legal and political campaigns; and WHEREAS, Measure F 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 airports, jails, and hazardous waste landfills. that are necessary in part to support growth in those communities supporting Measure F; and WHEREAS, Measure F 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 WHEREAS, contrary to claims by proponents, Measure F will increase the potential for an expansion of JWA or the conversion of military facilities in Los Alamitos and Seal Beach because there will be an ever increasing need for air transportation that will not be served at El Toro and cannot feasibly be served by airports in other counties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach opposes Measure F. ADOPTED, this 8" day of February, 2000. ATTEST: John E. Noyes, Mayor LaVonne M. Harkless, City Clerk 2