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HomeMy WebLinkAbout03 - NB-1 - Proposed City Council Sponsored Measure - 7/12/2016CITY COUNCIL AGENDA REPORT MEETING DATE: July 12, 2016 ITEM NUMBER: NB -1 SUBJET: PROPOSED CITY COUNCIL SPONSORED MEASURE ADDRESSING FUTURE DEVELOPMENT AT FAIRVIEW PARK DATE: JULY 12, 2016 FROM: PATRICK MUNOZ, SPECIAL COUNSEL PRESENTATION PATRICK MUNOZ, SPECIAL COUNSEL BY: FOR FURTHER INFORMATION BRENDA GREEN, CITY CLERK, 714-754-5221 CONTACT: RECOMMENDED ACTION: That, should it desire to proceed with a Council initiated ballot measure (the "Measure') which would directly compete with the initiative known as An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval (the "Initiative), the City Council: 1. Adopt Resolution 16-62 (Attachment 2) Calling and giving notice for the holding of a General Municipal election to be held on November 8, 2016, for the submission to the voters of a City Council sponsored proposition for the enactment of an ordinance, which will be referred to as the "Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park"; and 2. Adopt Resolution 16-63: (Attachment 3) Requesting the Orange County Board of Supervisors to Consolidate a General Municipal election to be held on November 8, 2016, for the purpose of submitting to the voters of the City of Costa Mesa a question relating to the adoption of a proposed ordinance referred to as the "Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park" 3. Adopt Resolution 16-64: (Attachment 4) Authorizing written arguments for or against the proposed ordinance referred to as the "Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park," setting forth priorities for filing written arguments, determining the authors of the written arguments, and directing the City Attorney to prepare an impartial analysis. 4. Provide direction on informational mailers. BACKGROUND: On November 9, 2015, the City Clerk received a voter initiative petition entitled "An Ordinance to Give the People of Costa Mesa a Vote to Determine What Significant Changes to Fairview Park May be Made." In accordance with Elections Code Section 9203, the City Attorney prepared a ballot title and summary of the Initiative. The City Attorney gave the Initiative a new title called "An Initiative Requiring Changes in Use at Fairview Park be subject to Voter Approval" (the "Initiative"). On June 21, 2016, the City Council accepted the City Clerk's report declaring sufficiency of the petition for the Initiative and ordered a report on the potential impacts of the Initiative per Elections Code § 9212, which was presented to the City Council at its July 5, 2016 meeting. As stated in that Staff Report, the Initiative, if adopted, would require voter approval of all proposed changes in uses or activities allowed at Fairview Park, including but not limited to the construction of new (or remodeling exiting) bathrooms, trails, picnic areas, parking lots, and/or changes in the hours of operation or the amount of community events at the Park. Staff believes the Initiative, if approved, might also effectively preclude the City from converting existing facilities into ADA compliant facilities or constructing new ADA improvements to allow compliance with the ADA, and/or establishing new educational or other community events at the Park without a vote of the people. It would only amend the text of the City's Municipal Code, and would not alter the General Plan. At its June 21, 2016 City Council meeting, the City Council declined to adopt the Initiative, and instead requested a Report pursuant to Elections Code Section 9212. Thereafter, at its July 5, 2016, Council meeting, the Council adopted a Resolution calling for the Initiative to be placed on the ballot for the general election on November 8, to be considered by the City's voters. At the same meeting, the City Council directed staff to present the City Council with a Council -sponsored ballot measure as a counter to the Initiative for its consideration pursuant to Election's Code 9222. Section 9222 authorizes the Council to submit to the voters a proposition to enact any ordinance. In particular, Council requested a draft of a measure that would essentially prohibit athletic fields within Fairview Park without a vote of the people. Attached for the Council's consideration is the proposed Council -sponsored measure (Attachment 1), which is referred to as the "Measure Prohibiting Athletic Fields at Fairview Park Without Voter Approval." If the City Council chooses to adopt the resolutions attached and place the Measure on the ballot, it would directly compete with the Initiative on the November 8, 2016 ballot. ANALYSIS: If the Measure is adopted, the voters will by ordinance amend the City's Municipal Code to provide that athletic fields are prohibited in Fairview Park without voter approval. Athletic fields are defined as "a piece or part of a piece of property that is developed, constructed, or otherwise improved for the purpose of facilitating organized outdoor team sports, including but not limited to lacrosse fields, baseball fields, soccer fields, football fields, or volleyball courts, but expressly not including pathways or trails which might have multiple purposes including bicycling, walking or running." The Measure provides that Passive Recreational Uses are permitted at Fairview Park, without a vote of the people. It defines this term as "uses generally permitted by the City's Zoning Code in Open Space Zoning Districts, and typically occurring in parks, except Athletic Fields, and shall include but not be limited to pathways, playgrounds, bicycle trails, viewing areas, and other similar improvements related to environmental, scenic, or recreational purposes." The result of this Measure, if adopted, would be to allow for playgrounds, picnic areas, bike trails, bus access ways, parking lots, viewing areas and other improvements identified in the Fairview Park Master Plan to be installed without voter approval. Moreover, it would enable the City to adjust park hours, add new educational or community events, improve existing facilities or construct new facilities intended to allow compliance with the ADA, and expend the approximate $800,000 in grant proceeds it received from OCTA for the purpose of improving bicycle pathways at the Park without voter approval. CEQA The adoption of the Measure, which merely prohibits the installation of athletic fields without voter approval, is not a "project' under the California Environmental Quality Act ("CEQA") (Pub. Res. Code §§ 21000 et seq.; 14 Cal. Code Regs. § 15378(a)(2)) because it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even in the event that the adoption of the Measure was considered a "project' as that term is defined by CEQA, it can be seen with certainty that there is no possibility that the adoption of the Measure could have a significant effect on the environment because the Measure simply prohibits certain types of development at Fairview Park. Hence, approval of the Measure (i) is exempt from CEQA because it is not a "project' under CEQA, and (ii) it is exempt under the 'common-sense' exemption set forth in section 15061(b)(3) of the CEQA Guidelines. Notably, in the event that the Measure passes, and the voters subsequently approve an Athletic Field at the Park, CEQA review will likely be necessary at that point in time. INFORMATIONAL MAILERS Staff is requesting direction from Council on whether informational mailers on the proposed ordinance should be prepared and how many. Each mailer would cost approximately $8,400.00. FISCAL IMPACT The cost to place the initiative on the November 2016 ballot is estimated at $10,000.00 and is included in the Fiscal Year 2016-17 budget, Elections Consulting. The cost for citywide mailings would be approximately $8,400.00 per mailing. The cost for preparation of the measure is not to exceed $20,000 by the law firm of Rutan and Tucker LLP,. LEGAL REVIEW: The City Attorney's office has reviewed this report for legal content and approved it as to form. PATRICK MUKOZ BRENDA GREttkI Special Counsel City Clerk ATTACHMENTS: 1. Proposed Ordinance 2. Resolution 16-62 — Calling Election 3. Resolution 16-63 — Consolidating Election 4. Resolution 16-64 — Arguments & Impartial Analysis Attachment 1 COUNCIL SPONSORED INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Council for the City of Costa Mesa submits the following ordinance to the voters of the City for approval and enactment: ORDINANCE NO. 2016 — XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, KNOWN AS THE COSTA MESA MEASURE PROHIBITING ATHLETIC FIELDS AT FAIRVIEW PARK WITHOUT VOTER APPROVAL WHEREAS, an initiative known as An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval (the "Initiative") has been submitted to the voters pursuant to Elections Code Section 9215; and WHEREAS, the Initiative, if adopted would, among other things, (a) prohibit the City from installing restrooms, facilities, pathways, and other improvements that may be necessary to ensure that Fairview Park (the "Park) is fully accessible to the disabled community in compliance with the Americans With Disabilities Act ("ADA"); (b) prevent new community and educational programs and events from occurring at the Park; (c) preclude the City from altering the Park's hours of operation; (d) likely cause the loss of over $800,000 in grant funds from OCTA which were to be used to improve the Park's bicycle paths and the overall connectivity of such paths within the City; and finally, (e) prevent the City from implementing certain improvements such as playgrounds, picnic areas, parking lots, bus access ways, and viewing areas which are included in the Fairview Park Master Plan, without voter approval; and WHEREAS, the City Council has determined that adoption of the Initiative is not in the best interests of the community and desires to submit a directly competing measure to the voters for consideration pursuant to Elections Code Section 9222; and WHEREAS, the City Council has submitted the following measure (the "Measure") to the voters for said purpose; and WHEREAS, the Measure, if adopted, would prohibit the construction of any athletic fields at Fairview Park without prior voter approval; and WHEREAS, if adopted, the Measure would also allow for passive recreational uses to occur at the Park without voter approval so long as such uses are in compliance with State and Local Law; and WHEREAS, the Measure, if adopted, would carry out the community's desire to prohibit athletic fields at the Park, while at the same time allowing for the implementation of the Fairview Park Master Plan, the installation of ADA compliant trails and other facilities that will ensure the Park is accessible to all Costa Mesa residents, creation of additional educational and community programs, and implementation of other passive uses at the Park without voter approval. THE PEOPLE OF THE CITY OF COSTA MESA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: Name. This ballot measure shall be known and may be cited as the "Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park" and shall be referred to herein as the "Measure." SECTION 2: Purpose The purpose of this Measure is to directly compete with the Initiative, which proposes an amendment to the Municipal Code. The Measure, if adopted, would prohibit the construction or development of Athletic Fields, as defined herein, at Fairview Park without voter approval, and would allow Passive Recreational Uses, as defined herein, to occur at the Park without voter approval. This Measure is intended to comprehensively regulate the same subject as the Initiative — that is, the uses and activities allowed at Fairview Park. If a majority of voters approve both the Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval and the Measure Prohibiting Athletic Fields at Fairview Park Without Voter Approval, the ballot measure with the higher percentage of the vote will control. Therefore, if both measures are approved and the Measure Prohibiting Athletic Fields at Fairview Park Without Voter Approval receives a higher percentage of the vote than the Initiative, none of the changes or additions proposed by the Initiative will be implemented. SECTION 3. Definitions. The term "Athletic Field" shall mean a piece or part of a piece of property that is developed, constructed, or otherwise improved for the purpose of facilitating organized outdoor team sports, including but not limited to lacrosse fields, baseball fields, soccer fields, football fields, or volleyball courts, but expressly not including pathways or trails which might have multiple purposes including bicycling, walking or running. The term "Passive Recreational Uses" shall mean uses generally permitted by the City's Zoning Code in Institutional and Recreational Zoning Districts, and typically occurring in parks, except Athletic Fields, and shall include but not be limited to pathways, playgrounds, bicycle trails, viewing areas, and other similar improvements related to environmental, scenic, or recreational purposes. SECTION 4. Athletic Fields Prohibited Without Voter Approval By this Measure, the People of the City of Costa Mesa hereby amend the Municipal Code to prohibit the construction, development, or installation of all Athletic Fields at Fairview Park without prior voter approval. All Passive Recreational Uses, including but not limited to those listed in the Fairview Park Master Plan shall be permitted without a vote of the people, subject to State and Local law. SECTION 5. Rejection of An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval By this Measure, the People of the City of Costa Mesa hereby reject each and every change and addition to the Municipal Code proposed by the Initiative. SECTION 6. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. Effective Date This ordinance shall take effect according to law ten days after certification of the election at which it is adopted. RESOLUTION NO. 16-62 ATTACHMENT 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2016 FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE ADOPTION OF A PROPOSED ORDINANCE REFERRED TO AS THE, "COSTA MESA MEASURE PROHIBITING ATHLETIC FIELDS AT FAIRVIEW PARK" THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, under the provisions of the laws relating to general -law cities in the State of California, a General Municipal Election shall be held on November 8, 2016; and WHEREAS, the City Council desires to submit to the voters of the City, at a General Municipal Election to be held on November 8, 2016 a question referred to as the "Costa Mesa Measure Prohibiting Athletic Fields At Fairview Park"; WHEREAS, the City Council is authorized by the law of the State of California to submit the proposed ordinance to the voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, the City Council calls and orders a General Municipal Election held in the City of Costa Mesa, California, on Tuesday, November 8, 2016. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Measure �: Costa Mesa Measure Prohibiting Athletic Response Vote Fields at Fairview Park Shall the Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park, which prohibits the development of Athletic Yes Fields at Fairview Park unless approved by a vote of the people, and permits implementation of Passive Recreational Uses at Fairview Park including those identified in the No Fairview Park Master Pian (such as playgrounds, picnic areas, bike trails, bus access ways, and viewing areas), be adopted? SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit 1. SECTION 4. The measure requires a majority 50% + 1 of the votes cast to pass. Resolution No. 16-62 Page 1 SECTION 5. The ballots used at the election shall be in form and content as required by 019 SECTION 6. The City Council authorizes, instructs and directs the City Clerk to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia necessary in order to properly and lawfully conduct the election. SECTION 7. The polls for the election shall open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall close, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 8. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 9. Notice of the time and place of holding the election is given and the City Council authorizes, instructs and directs the City Clerk to give further or additional notice of the election in time, form and manner as required by law. SECTION 10. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 11. The City Council authorizes the City Clerk to administer said election and the City shall pay all reasonable and actual election expenses upon presentation of a properly submitted bill. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Costa Mesa on this 12`h day of July, 2016. Stephen M. Mensinger, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Resolution No. 16-62 Page 2 I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 16-62 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 12th day of July, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 13th day of July, 2016. BRENDA GREEN. CITY CLERK Resolution No. 16-62 Page 3 Exhibit 1 COUNCIL SPONSORED INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Council for the City of Costa Mesa submits the following ordinance to the voters of the City for approval and enactment: ORDINANCE NO. 2016 — XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, KNOWN AS THE COSTA MESA MEASURE PROHIBITING ATHLETIC FIELDS AT FAIRVIEW PARK WITHOUT VOTER APPROVAL WHEREAS, an initiative known as An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval (the "Initiative") has been submitted to the voters pursuant to Elections Code Section 9215; and WHEREAS, the Initiative, if adopted would, among other things, (a) prohibit the City from installing restrooms, facilities, pathways, and other improvements that may be necessary to ensure that Fairview Park (the "Park) is fully accessible to the disabled community in compliance with the Americans With Disabilities Act ("ADA"); (b) prevent new community and educational programs and events from occurring at the Park; (c) preclude the City from altering the Park's hours of operation; (d) likely cause the loss of over $800,000 in grant funds from OCTA which were to be used to improve the Park's bicycle paths and the overall connectivity of such paths within the City; and finally, (e) prevent the City from implementing certain improvements such as playgrounds, picnic areas, parking lots, bus access ways, and viewing areas which are included in the Fairview Park Master Plan, without voter approval; and WHEREAS, the City Council has determined that adoption of the Initiative is not in the best interests of the community and desires to submit a directly competing measure to the voters for consideration pursuant to Elections Code Section 9222; and WHEREAS, the City Council has submitted the following measure (the "Measure") to the voters for said purpose; and WHEREAS, the Measure, if adopted, would prohibit the construction of any athletic fields at Fairview Park without prior voter approval; and WHEREAS, if adopted, the Measure would also allow for passive recreational uses to occur at the Park without voter approval so long as such uses are in compliance with State and Local Law: and WHEREAS, the Measure, if adopted, would carry out the community's desire to prohibit athletic fields at the Park, while at the same time allowing for the implementation of the Fairview Park Master Plan, the installation of ADA compliant trails and other facilities that will ensure the Park is accessible to all Costa Mesa residents, creation of additional educational and community programs, and implementation of other passive uses at the Park without voter approval. THE PEOPLE OF THE CITY OF COSTA MESA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: Name. This ballot measure shall be known and may be cited as the "Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park" and shall be referred to herein as the "Measure." SECTION 2: Purpose The purpose of this Measure is to directly compete with the Initiative, which proposes an amendment to the Municipal Code. The Measure, if adopted, would prohibit the construction or development of Athletic Fields, as defined herein, at Fairview Park without voter approval, and would allow Passive Recreational Uses, as defined herein, to occur at the Park without voter approval. This Measure is intended to comprehensively regulate the same subject as the Initiative — that is, the uses and activities allowed at Fairview Park. If a majority of voters approve both the Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval and the Measure Prohibiting Athletic Fields at Fairview Park Without Voter Approval, the ballot measure with the higher percentage of the vote will control. Therefore, if both measures are approved and the Measure Prohibiting Athletic Fields at Fairview Park Without Voter Approval receives a higher percentage of the vote than the Initiative, none of the changes or additions proposed by the Initiative will be implemented. SECTION 3. Definitions. The term "Athletic Field" shall mean a piece or part of a piece of property that is developed, constricted, or otherwise improved for the purpose of facilitating organized outdoor team sports, including but not limited to lacrosse fields, baseball fields, soccer fields, football fields, or volleyball courts, but expressly not including pathways or trails which might have multiple purposes including bicycling, walking or running. The term "Passive Recreational Uses" shall mean uses generally permitted by the City's Zoning Code in Institutional and Recreational Zoning Districts, and typically occurring in parks, except Athletic Fields, and shall include but not be limited to pathways, playgrounds, bicycle trails, viewing areas, and other similar improvements related to environmental, scenic, or recreational purposes. SECTION 4. Athletic Fields Prohibited Without Voter Approval By this Measure, the People of the City of Costa Mesa hereby amend the Municipal Code to prohibit the construction, development, or installation of all Athletic Fields at Fairview Park without prior voter approval. All Passive Recreational Uses, including but not limited to those listed in the Fairview Park Master Plan shall be permitted without a vote of the people, subject to State and Local law. SECTION 5. Rejection of An Initiative Requiring Chances in Use at Fairview Park be Sub; ect to Voter Approval By this Measure, the People of the City of Costa Mesa hereby reject each and every change and addition to the Municipal Code proposed by the Initiative. SECTION 6. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. Effective Date This ordinance shall take effect according to law ten days after certification of the election at which it is adopted. ATTACHMENT 3 RESOLUTION NO. 2016-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Costa Mesa called a General Municipal Election to be held on November 8, 2016 for the purpose of submitting a proposed ordinance to the voters of the City of Costa Mesa for their consideration; and WHEREAS, the City Council of the City of Costa Mesa is submitting to the voters of the City of Costa Mesa a question relating to a Costa Mesa Measure Prohibiting Athletic Fields At Fairview Park; and WHEREAS, the City of Costa Mesa desires that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city, the precincts, polling places, and election officers of the two elections be the same, and that the Registrar of Voters of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2016, for the purpose of submitting to the voters of the City of Costa Mesa a question relating to the adoption of a proposed ordinance. Resolution No. 16-63 Page 1 SECTION 2. That the following measure is to appear on the ballot as follows: Measure _: Costa Mesa Measure Prohibiting Athletic Response Vote Fields at Fairview Park Shall the Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park, which prohibits the development of Athletic Yes Fields at Fairview Park unless approved by a vote of the people, and permits implementation of Passive Recreational Uses at Fairview Park including those identified in the No Fairview Park Master Plan (such as playgrounds, picnic areas, bike trails, bu's access ways, and viewing areas), be adopted? SECTION 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit 1. SECTION 4. That the vote requirement for the measures to pass is a majority (50% +1) of the votes cast. SECTION 5. That the County of Orange Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary to hold the consolidated election. SECTION 7. That the City of Costa Mesa recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. That the City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Resolution No. 16-63 Page 2 PASSED, APPROVED AND ADOPTED this 12th day of July, 2016. Stephen M. Mensinger ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 16-63 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 12th day of July, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 13th day of July, 2016. BRENDA GREEN, CITY CLERK Attachment: Exhibit 1 — Proposed complete text of the measure submitted to the voters. Resolution No. 16-63 Page 3 Exhibit 1 COUNCIL SPONSORED INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Council for the City of Costa Mesa submits the following ordinance to the voters of the City for approval and enactment: ORDINANCE NO. 2016 — XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CALIFORNIA, KNOWN AS THE COSTA MESA MEASURE PROHIBITING ATHLETIC FIELDS AT FAIRVIEW PARK WITHOUT VOTER APPROVAL WHEREAS, an initiative known as An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval (the "Initiative") has been submitted to the voters pursuant to Elections Code Section 9215; and WHEREAS, the Initiative, if adopted would, among other things, (a) prohibit the City from installing restrooms, facilities, pathways, and other improvements that may be necessary to ensure that Fairview Park (the "Park) is fully accessible to the disabled community in compliance with the Americans With Disabilities Act ("ADA"); (b) prevent new community and educational programs and events from occurring at the Park; (c) preclude the City from altering the Park's hours of operation; (d) likely cause the loss of over $800,000 in grant funds from OCTA which were to be used to improve the Park's bicycle paths and the overall connectivity of such paths within the City; and finally, (e) prevent the City from implementing certain improvements such as playgrounds, picnic areas, parking lots, bus access ways, and viewing areas which are included in the Fairview Park Master Plan, without voter approval; and WHEREAS, the City Council has determined that adoption of the Initiative is not in the best interests of the community and desires to submit a directly competing measure to the voters for consideration pursuant to Elections Code Section 9222; and WHEREAS, the City Council has submitted the following measure (the "Measure") to the voters for said purpose; and WHEREAS, the Measure, if adopted, would prohibit the construction of any athletic fields at Fairview Park without prior voter approval; and WHEREAS, if adopted, the Measure would also allow for passive recreational uses to occur at the Park without voter approval so long as such uses are in compliance with State and Local Law; and WHEREAS, the Measure, if adopted, would carry out the community's desire to prohibit athletic fields at the Park, while at the same time allowing for the implementation of the Fairview Park Master Plan, the installation of ADA compliant trails and other facilities that will ensure the Park is accessible to all Costa Mesa residents, creation of additional educational and community programs, and implementation of other passive uses at the Park without voter approval. THE PEOPLE OF THE CITY OF COSTA MESA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: Name. This ballot measure shall be known and may be cited as the "Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park" and shall be referred to herein as the "Measure." SECTION 2: Purpose The purpose of this Measure is to directly compete with the Initiative, which proposes an amendment to the Municipal Code. The Measure, if adopted, would prohibit the construction or development of Athletic Fields, as defined herein, at Fairview Park without voter approval, and would allow Passive Recreational Uses, as defined herein, to occur at the Park without voter approval. This Measure is intended to comprehensively regulate the same subject as the Initiative — that is, the uses and activities allowed at Fairview Park. If a majority of voters approve both the Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval and the Measure Prohibiting Athletic Fields at Fairview Park Without Voter Approval, the ballot measure with the higher percentage of the vote will control. Therefore, if both measures are approved and the Measure Prohibiting Athletic Fields at Fairview Park Without Voter Approval receives a higher percentage of the vote than the Initiative, none of the changes or additions proposed by the Initiative will be implemented. SECTION 3. Definitions. The term "Athletic Field" shall mean a piece or part of a piece of property that is developed, constructed, or otherwise improved for the purpose of facilitating organized outdoor team sports, including but not limited to lacrosse fields, baseball fields, soccer fields, football fields, or volleyball courts, but expressly not including pathways or trails which might have multiple purposes including bicycling, walking or running. The term "Passive Recreational Uses" shall mean uses generally permitted by the City's Zoning Code in Institutional and Recreational Zoning Districts, and typically occurring in parks, except Athletic Fields, and shall include but not be limited to pathways, playgrounds, bicycle trails, viewing areas, and other similar improvements related to environmental, scenic, or recreational purposes. SECTION 4. Athletic Fields Prohibited Without Voter Approval By this Measure, the People of the City of Costa Mesa hereby amend the Municipal Code to prohibit the construction, development, or installation of all Athletic Fields at Fairview Park without prior voter approval. All Passive Recreational Uses, including but not limited to those listed in the Fairview Park Master Plan shall be permitted without a vote of the people, subject to State and Local law. SECTION 5. Rejection of An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval By this Measure, the People of the City of Costa Mesa hereby reject each and every change and addition to the Municipal Code proposed by the Initiative. SECTION 6. Severability If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. Effective Date This ordinance shall take effect according to law ten days after certification of the election at which it is adopted. RESOLUTION NO. 16-64 ATTACH M ENT 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, THE City Council of the City of Costa Mesa, California called a General Municipal Election to be held on Tuesday, November 8, 2016, at which there will be submitted to the voters the following measure: Measure _: Costa Mesa Measure Prohibiting Athletic Response Vote Fields at Fairview Park Shall the Costa Mesa Measure Prohibiting Athletic Fields at Fairview Park, which prohibits the development of Athletic Yes Fields at Fairview Park unless approved by a vote of the people, and permits implementation of Passive Recreational Uses at Fairview Park including those identified in the NO Fairview Park Master Plan (such as playgrounds, picnic areas, bike trails, bus access ways, and viewing areas), be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 2. That the City Council authorizes the following member(s) of it's body (Mayor In Favor) (Mayor Pro Tem In Favor) (Council Member In Favor) (Council Member In Favor) (Council Member In Favor) or (Mayor Against) or (Mayor Pro Tem Against) or (Council Member Against) or (Council Member Against) or (Council Member Against) to file written arguments as specified above not exceeding 300 words, accompanied by the printed names(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date the fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Resolution No. 16-64 Page 1 of 3 SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney is affected. a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on existing law and the operation of the measure. If a measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: "The above statement is an impartial analysis of Ordinance or Measure _. If you desire a copy of the ordinance or measure, please call the election official's office at 714-754-5225 and a copy will be mailed at no cost to you. d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED. APPROVED AND ADOPTED ON JULY 12. 2016. Stephen M. Mensinger, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney Resolution No. 16-64 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 16-64 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 12th day of July, 2016, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 13th day of July, 2016. BRENDA GREEN. CITY CLERK Resolution No. 16-64 Page 3 of 3