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HomeMy WebLinkAboutS34 - BA-061 - El Toro Budget Amendment to Fight Initiativer • E 0 ITEM S3v TO: Members of the Newport Beach City Council FROM: City Manager's Office SUBJECT: Budget Amendment #BA -061 and Authorization to Contract for Services relating to Analysis, Research, and Potential Litigation against the "Safe and Healthy Communities Initiative" RECOMMENDED ACTION: (1) Approve Budget Amendment #BA -061 transferring $25,000 from unappropriated fund balance to the City Attorney's Office (8080 Account); (2) Authorize the City Attorney, or his designee, to enter into a professional services agreement with a contractor for the purposes of analysis, research, and potential litigation against the "Safe and Healthy Communities Initiative" in an amount not to exceed $25,000. BACKGROUND: In 1993, the federal government's Base Realignment and Closure Commission (BRAC'93) recommended that Marine Corps Air Station (MCAS) M Toro be closed. El Toro, commissioned in 1943, is a 4,738 -acre base that was the largest Marine air station in the western United States. It contains two sets of parallel runways and more than 5,000 military housing units. Measure A In November 1994, the voters of Orange County passed Measure A. an amendment to the County's General Plan that designated a portion of MCAS El Toro for commercial aviation purposes. Measure A also established a planning process to be led by the Orange County Board of Supervisors. In April 1995, the US Department of Defense recognized the Board as the "Local Redevelopment Authority" for MCAS El Toro. In May 1995, the Board instituted the 13 -member El Toro Airport Citizens Advisory Commission as required by Measure A. Measure S In March 1996, Orange County voters defeated Measure S, an initiative measure that would have overturned Measure A and more. Later that year, the Board of Supervisors adopted a formal Community Re -Use Plan for the base that guides the base conversion from military to civilian use. The Plan envisioned a commercial passenger and air cargo airport for the Base, along with open space, institutional and educational uses, office and industrial facilities, and more. Re- use planning has continued from that time, with the expected transfer of the base set for the middle of 1999. Newport Beach City Council Page 2 BACKGROUND: In early 1999, organizations and officials opposed to a commercial airport at El • (cont'd) Toro announced their support of a ballot measure - later entitled "The Safe and "Safe and Healthy Healthy Communities Initiative -- that would require 2/3 voter approval of any Communities Initiative" plan to place a "noxious" project in Orange County. As drafted, one of the operative portions of the measure reads: "No act by the County of Orange to approve any neu, 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 General County Election." ( §3 of the Initiative) Proponents believe that the measure (full text included as Attachment A) will effectively block the planned re -use of El Toro as a commercial airport. Opponents believe that the measure will effectively stop the development of any "locally unpopular land use" - from jails to landfills to airports - despite a regional need for such facilities. They argue that the measure disenfranchises 66% of the voters since the remaining 34% can effectively block the majority's wishes. Ballot Timelines This proposal can be placed on the March 2000 Primary Election ballot in one of two ways: • a majority of the Board of Supervisors may vote to place the measure on the ballot; or • by September 1, 1999,71,206 Orange County registered voters must sign a petition requesting that the measure be placed on the ballot. If registered voter signatures place the measure on the ballot, the steps after the signature gathering cut -off date are 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. In April 1999, proponents of the Initiative announced a signature - gathering drive for the measure. Given the City of Newport Beach's public support for the conversion of MCAS El Toro as a commercial airport and the potential to derail important infrastructure projects, the City has expressed its interest in providing funding to analyze, research, and to potentially litigate against the Safe and Healthy Communities Initiative. This agenda item authorizes the expenditure of up to $25,000 for these purposes (Budget Amendment included as Attachment B). It also authorizes the City Attorney (or his designee) to enter into a contract for these services. ATTACHMENTS: Attachment A - Website Text of the Safe and Healthy Communities Initiative Attachment B - Budget Amendment #BA -061 • Page 3 Attachment A Is Text of the Safe and Healthy Communities Initiative Note: This version of the text of the Initiative is taken from the proponent's website - it is not necessarily the version approved and titled by the County Counsel for placement on a ballot. THE SAFE AND HEALTHY COMMUNITIES INITIATIVE The People of the Counhj 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 No act by the County of Orange to approve any new or SUPERVISORS' expanded jail, hazardous waste landfill, or civilian airport APPROVALS AND project shall be valid and effective unless also subsequently REQUIREMENT FOR ratified by a two- thirds vote of the voters voting at a VOTER RATIFICATION County General Election. Section Four: LIMITS ON COUNTY Funds may be expended by the County of Grange as EXPENDITURE OF FUNDS 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 environmental 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 t Page 4 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 is 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 Before any act by the County of Orange to approve any PUBLIC HEARINGS 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 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 Page 5 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 II, 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 CONSTRUCTION Nothing in this Initiative is intended to diminish or • Seven: 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 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: SEVERABILITY If any provision of this Initiative or the application thereof is held 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. -'.A+- Page 6 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. • • City of Newport Beach BUDGET AMENDMENT ' 1998 -99 E CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations AND X Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 061 AMOUNT: $25,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To appropriate $25,000 to the City Attorney's professional techinical services account to provide for outside assistance in the research, analysis and potential litigation against the "Safe and Healthy Communities Initiative ". There have been no prior budget amendment to this account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Eund Account Description General Fund 010 3605 Fund Balance Control R&UE APPROPRIATIONS (3601) Fund /Division Account Description Privation Donations /Contributions EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Administrative Approval: City Manager City Council Approval: City Clerk ;:. -r. __.. Amount Debit Credit $25,000.00 Automalic $25,000.00 11-9 -99 Date Date Date Description Division Number 0510 City Attorney Account Number 8080 Professional Technical Services Account Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Administrative Approval: City Manager City Council Approval: City Clerk ;:. -r. __.. Amount Debit Credit $25,000.00 Automalic $25,000.00 11-9 -99 Date Date Date