Letter to Mayors, City Councils, City Managers, Planning Director and Police Chiefs (as appropriate)

Last week, the Board of Directors of the El Toro Reuse Planning Authority unanimously approved language for a proposed initiative called the Safe and Healthy Communities Initiative. Our board also unanimously agreed to forward this initiative on to the County Board of Supervisors for submission on the next general election ballot.

The concept for the initiative stems from our member cities’ belief that fundamental reform is needed in the way some major infrastructure projects are planned in Orange County. In addition to airports, the siting of jails and toxic waste landfills is often extremely controversial. These are needed public facilities, but they place a high burden on neighboring communities. When such facilities are necessary, everyone deserves an open planning and consensus-building process that guarantees that the impact on their health and safety will be properly considered and weighed. Such facilities should never be forced on an unwilling community unless there is broad public consensus that the project is necessary.

Measure A, the ballot box planning measure that began the El Toro airport controversy, is a good example of how not to plan an important county infrastructure project. This ill-conceived measure locked an airport into the County General Plan before a planning process was completed.

The proposed initiative would outline a better planning process in Orange County for commercial airports, for jails, and for hazardous waste landfills - all projects that have potentially profound effects on the health and safety of neighboring communities. This initiative would require some simple and reasonable changes for such projects in the future. The Board of Supervisors would be required to hold public hearings in affected communities and listen to public input. Before the Board of Supervisors could decide to go forward, they would be required to complete all of the relevant planning studies for the project. After the planning process is completed and all of the facts are known, the voters would decide. A two-thirds vote would be required to demonstrate a broad community consensus that the project is necessary.

This initiative addresses the heart of the issue - that proper land use planning should require the county to plan first, and select a preferred use as an outgrowth of the data derived from the planning process. Our research indicates that more than 70% of the voters in all five supervisorial districts support this concept. The initiative requires a 2/3 majority vote on these county projects only:

· Airport construction or expansion of existing airports
 
· Construction or expansion of hazardous waste landfills as defined by the California Health and Safety code.
 
· Construction of a jail of more than 1,000 beds within ½ mile of 100 or more homes

This initiative applies only to County projects, and does not affect any city planning or city projects. Furthermore, the initiative permits county funding for the planning process, completion of an Environmental Impact Report and community outreach to build consensus. However, no funding for construction is allowed until after the voters approve the project.

There has been a lot of discussion in the last few days about the jail component of the initiative. We were extremely careful in our language, and believe that it conforms with Sheriff Carona’s campaign promises not to build jails in residential areas, and the League of Cities’ recent resolution against building jails in residential areas. Our proposed initiative would permit the Sheriff to build any size jail anywhere that isn’t in a residential neighborhood. The Safe and Healthy Communities Initiative permits the Theo Lacy Jail expansion, as that project is subject to an existing agreement with the City of Orange. It would permit expansion of Musick Jail, if there is agreement with Lake Forest and Irvine. It requires an election only for jails of more than 1000 beds in fairly densely populated residential areas. This is not an unreasonable restriction. If the sheriff wants to put a large jail in a residential neighborhood, he should get a vote of the people.

We believe this is a reasonable way to reverse the unfortunate precedent established by Measure A and insure that no community in Orange County will be forced to live with potentially harmful projects unless they are properly planned and consensus is built first.

Enclosed is a copy of the initiative, and a brief question and answer sheet on elements of the initiative. I hope you will take the time to review it.

Sincerely,

Paul D. Eckles
Executive Director