HomeMy WebLinkAbout13 - Impacts of Initiative PetitionsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
January 24, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robin Clauson, City Attorney
ext. 3131, rclauson (D city. newport- beach. ca. us
SUBJECT: Report on Impacts of Initiative Petitions Related to Major
Developments and Financing for Public Improvements Pursuant to
Elections Code
ISSUE:
Should the City Council request a report on the impacts of the circulating initiative
petitions to determine what practical effects the ballot measures would have on the City
if they were approved by resident voters?
RECOMMENDATION:
Request staff to prepare a report on the impacts of the two initiatives that are currently
circulating for signatures as authorized by and in compliance with the Elections Code.
DISCUSSION:
Proponents of two initiatives are circulating petitions for signatures to place the
initiatives before the City electorate. Per the California Elections Code, the proponents
have 180 days to gather signatures from the date the proponents received the Title and
Summary prepared by the City Attorney. For the initiative that requires voter approval
before the City Council can finance construction of public improvements, the 180 days
will run on April 1, 2006, and for the initiative requiring voter approval for major
developments over the "as built condition" of the City, the 180 days will run on May 27,
2006.
California Elections Code Section 9212 permits the Council to request a report on the
impacts of an initiative related to any or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city's general and specific plans,
including the housing element, the consistency between planning and zoning,
Report on Impacts of Initiative Petitions Related to Major Developments and
Financing for Public Improvements Pursuant to Elections Code
January 24, 2006
Page 2
and the limitations on city actions under Section 65008 of the Government Code
and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with
Section 65915) of Division 1 of Title 7 of the Government Code.
(3) Its effect on the use of land, the impact on the availability. and location of housing,
and the ability of the city to meet its regional housing needs.
(4) Its impact on funding for infrastructure of all types, including, but not limited to,
transportation, schools, parks, and open space. The report may also discuss
whether the measure would be likely to result in increased infrastructure costs or
savings, including the costs of infrastructure maintenance, to current residents and
businesses.
(5) Its impact on the community's ability to attract and retain business and
employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing business
districts, and developed areas designated for revitalization.
(8) Any other matters the legislative body requests to be in the report
If requested, the report must be presented to the Council no later than 30 days after the
City Clerk certifies the sufficiency of petition. Due to the complex nature of the two
initiatives it is staffs suggestion that the Council consider whether staff should begin to
analyze the impacts, as authorized in the Elections Code, now.
Environmental Review: This is not a project under CEQA.
Public Notice: Agenda notice 72 hours before meeting as required by the Brown Act
Prepared and Submitted by:
1
Robb . Clauson,
City Attorney
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