Opinion: Ballot Initiatives and Referendums From Laguna’s Past

By Michael Morris

We Laguna Beach residents regularly enjoy the benefits that past local ballot initiatives (BI) have produced in our beautiful physical environment and town. Let’s take a look at some of the past measures that affect our daily lives:

• The Height Limit Ballot Initiative – The 1971 City Council recommended a doubling of the City’s hotel rooms to increase tourist revenue, and the Planning Commission proposed raising the height limit to 70 feet after granting the Surf and Sand Hotel a 58-ft variance to its height.  There was also a proposal for a 95-foot hotel on Main Beach to replace the small shops that had been eliminated on the beachfront. Concerned residents circulated an initiative to limit buildings to 36 feet above the highest point of grade. This initiative passed with a 4 to 1 margin.  However after passage, the courts struck it down finding that the initiative’s approach to zoning was problematic (a decision that was later reversed). When it was struck down, the then council passed the 36 foot height limit as a city ordinance because the will of the voters was clear. Although having an ordinance limiting building height is beneficial, an ordinance is far weaker than a statute passed by BI. As it stands now, a simple majority vote of the city council can approve variances or development agreements to exceed the 36 foot limit.
• Open Space bond measure Ballot Initiative – In 1990, open space advocates qualified a bond-measure ballot initiative. The BI passed with 80% majority that enabled the first acquisitions for the greenbelt. Through additional public funding we are now the stewards of the priceless 22,000 acre preserve that countless people enjoy today.
• Treasure Island Referendum – In 1997 Treasure Island Associates, the property owners, won a lawsuit that allowed them to close the longtime mobile home park to build a resort (the future Montage). The City approved the Local Coastal Plan (LCP) modifications requested by Treasure Island Associates. In 1999, residents critical of the City’s approval of the LCP modifications succeeded in placing a referendum on the ballot to overturn the approval. The referendum failed by a 55 to 45 percent margin thus upholding the City’s approval of the LCP modifications. In the end, Coastal Commission widened the bluff-top park and required picnic tables; changes that allowed both sides to claim victory.
• Utility Undergrounding and Fire Safety (Measure P) – In 2018, the City Council placed an initiative on the ballot asking voters to approve a 25-year local sales tax increase to fund utility undergrounding along city evacuation routes and other fire safety enhancements. Since this initiative involved a tax increase, two-thirds of Laguna Beach voters’ approval was required for passage. In the end, the measure failed 53 to 46 percent.

There are other instances where important issues or policies have been brought directly before Laguna Beach voters–some of which pass, and some fail. However, all of them enable residents to have a voice in city decisions that affect their lives; a hallmark of the democratic process. In last week’s column, I mentioned that signatures are going to be collected soon for a Ballot Initiative to give you a right to vote on future jumbo-sized commercial developments in Laguna Beach. I will be exploring the provisions of that Ballot Initiative next week.

Michael, a Laguna homeowner, is a founder and former Treasurer of Laguna Residents First PAC. He previously served a one-year term on the Orange County Grand Jury and as an appointed trustee to the Orange County Vector Control District.