Thursday, February 18, 2016

Smart Growth Initiative Signatures Certified

As those who follow this on Facebook and elsewhere may already know, yesterday Orange County Registrar of Voters, Neal Kelley, certified that the so-called Smart Growth Initiative has enough valid signatures to qualify for placement before the voters on the November 8, 2016 ballot.  I confirmed this fact with Costa Mesa City Clerk Brenda Green earlier today.

For those only marginally familiar with the initiative, please click HERE and be taken to the Costa Mesa First page with an informative chart AND links to the initiative itself AND the City Attorney summary that was prepared.

So, what's next?  After they stop doing cartwheels from this news the supporters of the initiative will realize there's still another step to be taken - the acceptance of the certification by the City Council.

In fact, here are the details as presented to me, on how this process will proceed now.  This will happen at a City Council meeting - either the first or second on in March.  According to Brenda Green, the staff - she - will present a staff report to the council with the following language:

A.  It is recommended that the City Council:

1.  Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters regarding: An Initiative ….

B.  Further, it is recommended that the City Council approve  one of the following options:

1.    Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented (authorized by the Election Code,); or 

2.  Order a regular election to be consolidated with the next “regularly scheduled general election for members of the governing body of the local government,” pursuant to Art XIII C § 2(b) of the California Constitution, which would be November 8, 2016; or 
3.    Order a report pursuant to Election Code § 9212  at the regular meeting at which the certification of the petition is presented.

Elections Code § 9212 [“Referral of proposed initiative measure to city agency for report”] provides that the City Council may refer the proposed initiative measure to any city agency or agencies for a report on any matter the City Council requests to be in the report, including but not limited to:

1.    Its fiscal impact; and/or

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, 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; and/or

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; and/or

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; and/or

5. Its impact on the community's ability to attract and retain business and employment; and/or

6.    Its impact on the uses of vacant parcels of land; and/or

7.  Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization.

The report(s) shall be presented to the City Council no later than 30 days after the elections official certifies to the legislative body the sufficiency of the initiative petitions. 
While the City Council cannot keep the initiative from being placed on the ballot - although I have no doubt Mayor Pro Tem Jim Righeimer would love to find a way to do it - they can order one or more reports to be prepared as indicated above and I have absolutely NO doubt that they will do that and that there will be every attempt to tilt the results against this initiative.


The attack on this initiative has already begun by members of the City Council, Planning Commission and sycophants who perform at their behest.  A certain closed social media site has been engaging in a full-court press against the initiative almost since the signature-gathering began and denizens of that site have skulked out to infiltrate other open sites with the same language, arguments and misinformation.  Lying will become the order of the day from them because there's a lot at stake for their developer-buddies when the initiative passes in November.  More than 6,000 residents thought it had enough value to be presented to the voters.

It's going to be a long, long year....

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Anonymous Arthur Nern said...

"Mensheimer" has reportedly lost lots of support from members of the influential Lincoln Club. Those who can't deliver get replaced. Will Mensheimer return developer money if Smart Growth passes?

2/18/2016 04:25:00 PM  
Anonymous Where's My Coffee? said...

Now the GOP money will be rolled out against the Smart Growth Initiative. Let the lies begin!!

2/18/2016 08:23:00 PM  
Anonymous Muffin Top Bob said...

Riggy shouldn't care because he's not running for reelection, as we all know. I'll love to hear all his standard and very planned out comments very soon.

2/18/2016 09:39:00 PM  

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