The Truth About the Marymount Ballot Initiative Presentation to City Council of Rancho Palos Verdes by Jeffrey Lewis.

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Presentation transcript:

The Truth About the Marymount Ballot Initiative Presentation to City Council of Rancho Palos Verdes by Jeffrey Lewis

Overview What is at stake? Why the Ballot Initiative violates the California Constitution. What RPV should do? THE TRUTH ABOUT THE MARYMOUNT BALLOT INITIATIVE FOR MORE INFORMATION VISIT: PalosVerdesTruth.wordpress.com

What is at stake? The Marymount Plan represents a misuse of the initiative process If successful, other powerful interests will also misuse the process to achieve development goals at odds with our city’s goals for low density development THE TRUTH ABOUT THE MARYMOUNT BALLOT INITIATIVE FOR MORE INFORMATION VISIT: PalosVerdesTruth.wordpress.com

What is at stake? Imagine a Trump Initiative to place large homes on the current location of the driving range? Or a Ponte Vista Initiative? Or a York Event Garden Initiative? Or an Annenberg Animal Center Initiative? THE TRUTH ABOUT THE MARYMOUNT BALLOT INITIATIVE FOR MORE INFORMATION VISIT: PalosVerdesTruth.wordpress.com

The initiative is unconstitutional The initiative would add section to the RPV Municipal Code. Deprives City of any power to condition or review project  No time limit on construction.  No six month review after construction to review operating hours, etc.  All of the conditions that Staff, City Council, the Planning Commission and Marymount have worked on for ten years would be unused. THE TRUTH ABOUT THE MARYMOUNT BALLOT INITIATIVE FOR MORE INFORMATION VISIT: PalosVerdesTruth.wordpress.com

The initiative is unconstitutional The initiative process is limited to legislative powers (i.e. the making of laws). The initiative process is not appropriate for administrative or executive powers (i.e. the application of laws)  City of San Diego v. Dunkl, 86 Cal. App. 4 th 384, 399 (2001) Marymount’s proposed section of the RPV Municipal Code would deprive the city of its power to carry out is own laws. THE TRUTH ABOUT THE MARYMOUNT BALLOT INITIATIVE FOR MORE INFORMATION VISIT: PalosVerdesTruth.wordpress.com

What RPV Should Do. Staff has presented two alternatives:  Adopt the Ordinance.  Place the Ordinance on the ballot. THE TRUTH ABOUT THE MARYMOUNT BALLOT INITIATIVE FOR MORE INFORMATION VISIT: PalosVerdesTruth.wordpress.com

What RPV Should Do. There is a third option. Follow the lead set by the City of Carpinteria.  Oil company sought to bypass Carpinteria’s city leaders and pass a ballot initiative similar to Marymount’s.  The City Attorney filed a complaint on behalf of the city: Seeking a declaration that the ballot is invalid Staying the duty of the City Attorney to put the initiative on the ballot The City of RPV should do the same. THE TRUTH ABOUT THE MARYMOUNT BALLOT INITIATIVE FOR MORE INFORMATION VISIT: PalosVerdesTruth.wordpress.com

For More Information THE TRUTH ABOUT THE MARYMOUNT BALLOT INITIATIVE FOR MORE INFORMATION ABOUT THE MARYMOUNT INITIATIVE AND OTHER ISSUES FACING PALOS VERDES VISIT: PalosVerdesTruth.wordpress.com