The following letter and three attachments were
delivered to Chairman of the Board Charles Smith on October 26, 1999.
The letter has no return address and is undated.
The following is retyped from a copy of the original.
The Honorable Chuck Smith, Chairman
Orange County Board of Supervisors
Hall of Administration
10 Civic Center Drive
Santa Ana, CA 92701
Dear Supervisor Smith,
The Citizens Right-to-Vote Committee asks the Orange County Board of
Supervisors to place the attached measures on the March 7, 2000 Primary
Election Ballot.
Committee leaders believe that placing these measures on the same ballot
as the safe and Healthy Communities Initiative -- which has already
qualified for a vote -- will give voters some viable alternatives to
a
well-intentioned initiative we think goes too far.
In contrast to the Safe and Healthy Communities Initiative, the County
Board of Supervisors Procedure for Jail and Hazardous Waste Landfill
Proposals supports representative government and provides, with
Board
direction, for a majority vote on siting of jails and hazardous waste
landfills.
The Majority Vote for Jails and Hazardous Waste Landfills measure
--
unlike the safe & Healthy Communities Initiative -- requires a
simple
majority vote for any new or expanded jail or hazardous waste landfill.
And, finally, the committee’s proposed Advisory Measure asks voters
to
tell Board Members what they think about transferring aviation planning
and airport implementation over to a joint powers authority -- a
partnership of Orange County cities and the County of Orange.
Allowing voters to cast their ballots on this package of measures
provides a fair and ethical approach to meeting Orange County’s airport,
jail and landfill needs into the next millennium. Thank you for
your
consideration.
Sincerely,
/S/
Ronald Bates, Chair
Citizens Right-To-Vote Committee
Cc: Jim Silva, 2nd District
Todd Spitzer, 3rd District
Cynthia Coad, 4th District
Tom Wilson, 5th District
This measure shall be known and may be cited as the Orange County Board
of Supervisors’ Approval Procedure for Jail and Hazardous Waste Landfill
Proposals.
Section 2. Purpose and Findings
The Orange County Board of Supervisors finds and declares the following:
(a) An initiative known as the “Safe and Healthy
Communities Initiative”
has qualified for the March 7,2000 ballot. The proposed initiative
would require a two-thirds vote by voters on any new or expanded jail,
hazardous waste landfill or civilian airport project.
(b) The issue of a civilian airport project
has been presented to the
voters on at least two prior occasions and the will of the voters should
be followed with respect to a civilian airport project.
(c) This measure will permit representative
government to operate in the
manner authorized by our democratic process.
(d) Prior to approving any proposal for a new
or expanded jail or for a
hazardous waste landfill, the Board of Supervisors should determine
whether the proposal should be submitted to voters for their approval.
This is the type of decision that the Board of Supervisors were elected
to make.
(e) Voters should be presented with an alternative
to the two-thirds
vote required for any new or expanded jail or hazardous waste landfill
by the proposed “Safe and Healthy Communities Initiative.”
(f) This measure is intended as an alternative
to the “Safe and Healthy
Communities Initiative” and the measure which receives the greater
number of voters should prevail in its entirety.
Section 3. Board of Supervisors Approvals
for New or Expanded Jail or
Hazardous Waste Landfill
(a) Prior to approving any new or expanded
jail or hazardous waste
landfill, the Board of Supervisors shall determine whether any county
action to approve any new or expanded jail or hazardous waste landfill
should be submitted to the voters for their approval. In making
that
determination, the Board of Supervisors shall:
(1) Prepare a detailed analysis of alternatives
to the proposed new or
expanded jail or hazardous waste landfill based on all available factual
information.
(2) Prepare a full evaluation of all facts relating
to the proposed site
for any proposed new or expanded jail or hazardous waste landfill.
(3) In the event that the Board of Supervisors
determine that a county
action to approve any new or expanded jail or hazardous waste landfill
should be submitted to the voters for their approval, the county action
must be approved by a majority of the voters voting in a county election.
Section 4.
This measure is inconsistent with and is intended as an alternative
to
the “Safe and Healthy Communities Initiative.” In the event that
this
measure and the “Safe and Healthy Communities Initiative” are adopted
at
the same election, a conflict shall be deemed to exist between the
measures and the measure which receives the greatest number of votes
shall prevail in its entirety and the other measure shall be null and
void in its entirety.
Section 5. Severability
If any provision of this measure or the application thereof to any
person or circumstances is held invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect other provision
or
applications of this measure which can be given effect without the
invalid or unconstitutional provision or application, and to this end
the provisions of this initiative are severable.
Section 1. Title
This measure shall be known and may be cited as the Majority Vote for
Jails and Hazardous Waste Landfill Proposals.
Section 2. Purpose and Findings
The Orange County Board of Supervisors finds and declares the following:
(a) An initiative known as the “Safe and Healthy
Communities Initiative”
has qualified for the March 7,2000 ballot. The proposed initiative
would require a two-thirds vote by voters on any new or expanded jail,
hazardous waste landfill or civilian airport project.
(b) The issue of a civilian airport project
has been presented to the
voters on at least two prior occasions and the will of the voters should
be followed with respect to a civilian airport project.
(c) Requiring the approval of a majority vote
of voters for any new or
expanded jail or hazardous waste landfill represents true democracy
as
opposed to requiring a two-thirds vote.
(d) Voters should be presented with an alternative
to the two-thirds
vote required for any new or expanded jail or hazardous waste landfill
by the proposed “Safe and Healthy Communities Initiative.”
(e) This measure is intended as an alternative
to the “Safe and Healthy
Communities Initiative” and the measure which receives the greater
number of voters should prevail in its entirety.
Section 3. Approval for New or Expanded Jails or Hazardous Waste Landfill
No act by the County of Orange to approve any new or expanded jail or
hazardous waste landfill shall be valid and effective unless also
subsequently ratified by a majority of the voters voting at a County
General Election.
Section 4.
This measure is inconsistent with and is intended as an alternative
to
the “Safe and Healthy Communities Initiative.” In the event that
this
measure and the “Safe and Healthy Communities Initiative” are adopted
at
the same election, a conflict shall be deemed to exist between the
measures and the measure which receives the greatest number of votes
shall prevail in its entirety and the other measure shall be null and
void in its entirety.
Section 5. Severability
If any provision of this measure or the application thereof to any
person or circumstances is held invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect other provision
or
applications of this measure which can be given effect without the
invalid or unconstitutional provision or application, and to this end
the provisions of this initiative are severable.
Shall the Orange County Board of Supervisors transfer aviation planning
and airport implementation responsibilities to the Joint Powers
Authority, a partnership of Orange County cities and the county?