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HomeMy WebLinkAbout15 - NB-3 - Initiative Petition Qualifying for the - 6/21/2016CITY COUNCIL AGENDA REPORT MEETING DATE: June 21, 2016 ITEM NUMBER: NB -3 SUBJECT: INITIATIVE PETITION ENTITLED, "AN INITIATIVE REQUIRING CHANGES IN USE AT FAIRVIEW PARK BE SUBJECT TO VOTER APPROVAL" QUALIFYING FOR THE BALLOT; CONSIDERATION OF ADOPTING NEW ORDINANCE, OR ORDERING REPORT DATE: JUNE 10, 2016 FROM: CITY CLERK'S OFFICE; CITY ATTORNEY'S OFFICE; PRESENTATION BRENDA GREEN, CITY CLERK BY: BART MEJIA, CITY ENGINEER YOLANDA SUMMERHILL, DEPUTY CITY ATTORNEY FOR FURTHER INFORMATION CONTACT RECOMMENDATION: 0 BRENDA GREEN, CITY CLERK, 714-754-5225 Staff recommends that the City Council: 1. Accept the Certificate of Sufficiency issued by the County of Orange Registrar of Voters regarding, "An Initiative Requiring Changes in use at Fairview Park be Subject to Voter Approval" (Attachment 1). Further, it is recommended that the City Council approve one of the following options: 1. Adopt the ordinance immediately, without alteration, or within 10 days after it is presented (Attachment 2); or 2. Order placement of the measure on the November 8, 2016 consolidated municipal election by adopting the following resolutions: a. Resolution 2016-40: 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 proposed ordinance entitled, "An Initiative Requiring Changes in use at Fairview Park Be Subject to Voter Approval" (Attachment 3); and b. Adopt Resolution 2016-41: 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 1 entitled, An Initiative Requiring Changes in use at Fairview Park Be Subject to Voter Approval" (Attachment 4); and c. Adopt Resolution 2016-42: Authorizing written arguments for or against the proposed ordinance "An Initiative Requiring Changes in use at Fairview Park Be Subject to Voter Approval", setting priorities for filing written arguments, determining the authors of the written arguments, and directing the City Attorney to prepare an impartial analysis (Attachment 5); or 3. Order a report pursuant to Election Code § 9212 at the regular meeting at which the certification of the petition is presented; or 4. Consider providing Staff with direction as to the preparation of an alternative measure. BACKGROUND: The procedures for placing an initiative to enact an ordinance on the ballot are set forth in California Election Code §§ 9200-9226. On November 9, 2015, the City Clerk's office received an initiative measure 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 Proponents of the initiative published the Notice of Intent to Circulate and were legally permitted to circulate the petition November 29, 2015 to May 21, 2016. The petition required 4,995 valid signatures to qualify for the 2016 General Election ballot. At the time the Notice of Intention was filed, the voter registration report on file with the California Secretary of State revealed 49,959 registered voters within Costa Mesa. California Election Code § 9215 required that an initiative petition be signed by at least 10% of the total number of eligible registered voters to qualify for the next General Municipal Election. On May 2, 2016, the Proponents of the initiative petition filed the signed petitions. The City Clerk conducted a prima facie review and determined there was a sufficient number of signatures to proceed: 7135 total tally. On May 2, 2016, the petition was delivered to the County of Orange Registrar of Voters Office for signature verification. The Orange County Registrar of Voters has examined the records of voter registration for the City of Costa Mesa and has determined that the initiative petition has been signed by no less than 10% of City of Costa Mesa registered voters. Therefore the initiative petition is sufficient to be certified to the City Council. The Election Code requires the City Clerk to certify to the City Council any initiative petition, which qualifies for an election. (Elections Code §§ 9211 & 9114). Refer to Attachment No. 1 for Certification. The City Council has the option to either adopt the Initiative or place the measure on the ballot for the November 8, 2016 statewide general election. Alternatively, the City Council may abstain from any decision-making on the ballot measure at this time and, instead, 2 direct staff to prepare a report to determine the impacts of the measure before deciding whether to adopt the initiative and/or place it on the ballot. Finally, the City Council may, in addition to placing this measure on the ballot, elect to place an alternate measure on the ballot. ANALYSIS: In sum, the initiative makes certain changes in land use at Fairview Park subject to voter approval including expansion or intensification of uses, new or expanded amenities, new or expanded parking lots, grading, new foundations or permanent structures, installation of lighting or utility delivery systems and/or extension of park hours. The Initiative provides exceptions to the voter approval requirement for (1) restoration, (2) preservation, (3) maintenance, (4) public safety, (5) expanding Fairview Park's size, (6) improvements pursuant to the Fairview Park Master Plan which do not require installing permanent structures, and (7) certain changes approved and completed before the initiative's effective date. In reviewing the Fairview Park Master Plan, Public Services Department determined the following provisions of the Fairview Park Master Plan could not be implemented without voter approval: Fairview Park, east of Placentia Avenue: • Platforms/retaining walls for vista overlook area • Museum/multipurpose building • Constructing two paved parking lots to accommodate a total of 131 cars • Playground Fairview Park, west of Placentia Avenue: • Covered picnic areas • Bus turnaround • Stairs to allow bluff access • Grading bluffs to prevent erosion • New restrooms • Playground • Boardwalk and pedestrian bridge Other examples of activities that would be prohibited unless voter approval is obtained include: • Completing structures that were under construction when the initiative became effective • Installing concrete curbs • Expanding existing buildings • Installing additional lighting • Expanding park hours • Installing new trails not listed in the Fairview Park Master Plan 3 • Installing water, electric, gas or sewer lines • Expanding parking lots • Constructing retaining walls • Increasing the number of community events such as concerts -in -the -park, seasonal festivals or races • Increasing staffing to facilitate a greater number of park visitors • Installing pergolas and gazebos • Providing rest areas along trails that are larger than the minimum required by law, or are within 100 feet of one another FUNDING IMPACTED BY INITIATIVE The following grant awarded to the City of Costa Mesa would have to be returned if the Initiative is adopted. Granting Authority Amount Project Description OCTA, Bicycle Corridor Improvement Program $835,959 Fairview Park Multipurpose Trail The City received $200,000 from California State Parks for Habitat Conservation Fund to restore the north bluff trail and habitat restoration. At this time, staff believes that this grant may still be utilized if the Initiative is adopted. However, Public Services will confirm with California State Parks that no permanent structures potentially prohibited under the Initiative would require the City to return those funds. Election Code Requirements Pursuant to Elections Code § 9214 if an initiative petition is signed by not less than 10 percent of the registered voters of a city, the legislative body shall do one of the following: a) 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; or b) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405; or c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b). 12 Elections Code § 9212 ["Referral of proposed initiative measure to city agency for report"] ("EC 9212 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; and or 8. Any other matters that the legislative body wishes to be considered in the report. Elections Code Section 9212 requires the report to 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. This staff report covers many of the areas that the EC 9212 Report would address. For example, the projects listed at the beginning of the Analysis that would require voter approval essentially cover 3, 4 and 7 above. Additionally, the "Grants Impacted by the Initiative" addresses fiscal impacts as well as costs listed in the Fiscal Review. However, if there are additional areas that City Council would like to consider, staff can provide that information. 5 FISCAL REVIEW: The cost for the signature verification of the initiative by the Orange County Registrar of Voters Office is $20,485.00. The estimated election costs to add the initiative to the consolidated general election is $10,000.00. If adopted, the City would save monies on projects no longer authorized under the initiative. Additionally, grants authorized prior to the adoption of the initiative would have to be rescinded and/or returned to the granting authority. Finally, Election Code Section 9212 report and/or an alternative measure would require approximately 80 hours of staff time and 40 hours of City Attorney time. At present the estimated costs of implementing the ordinance is indeterminate. LEGAL REVIEW: The City Attorney's office has reviewed this report and has approved it as to form and legal content. YOLANDA SUMMERHILL BRENDA GREEN Deputy City Attorney City Clerk RICHARD L. FRANCIS Assistant CEO ATTACHMENTS: 1. Certificate of Sufficiency 2. Proposed Ordinance & Ballot Title and Summary 3. Resolution 16-40 4. Resolution 16-41 5. Resolution 16-42 0 ATTACHMENT 1 CERTIFICATE OF SUFFICIENCY OF PETITION I, Brenda Green, City Clerk of the City of Costa Mesa, County of Orange, State of California, hereby certify that: The petition entitled "An Initiative Requiring Changes In Use At Fairview Park Be Subject To Voter Approval" was filed with the City Clerk Department on May 2, 2016. That said petition consists of 350 sections; That each section contains signatures purporting to be signatures of qualified electors of the City of Costa Mesa, California; That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition; That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that Section, that all of the signatures were made in his or her presence, and that to the best of his or her own information and belief, each signature to that section was the genuine signature of the person whose name it purports to be; That after the proponents filed this petition and based on the County of Orange Registrar of Voters' Signature Verification Certificate I have determined the following facts regarding this petition: 1. Total number of signatures filed by proponent raw count: 7144 2. Total number of signatures verified: 6025 3. Number of signatures found sufficient 5001 4. Number of signatures found insufficient: 1024 5. Number of signatures insufficient because of Duplication: 151 6. Total number of signatures required: 4995 Based on the'above, the petition is deemed to be sufficient. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Costa Mesa, California this 14th day of June, 2016. &J��� Grier, Cir City of Costa Mesa, California CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION State of California) )ss. County of Orange) I, Neal Kelley, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the petition submitted to the City of Costa Mesa entitled "An Initiative Requiring Changes In Use At Fairview Park Be Subject To Voter Approval'. I further certify that from said examination I have determined the following facts regarding this document: Number of signatures filed: 7,144 Number of signatures required: 4,995 Number of signatures verified: 6,025 Number of signatures found valid: 5,001 Number of signatures found invalid: 1,024 Invalid because of Duplicate: 151 WITNESS my hand and Official Seal this 14th day of June, 2016. NEAL KE L Registra oters Orange County ATTACHMENT 2 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS. AN ORDINANCE TO GIVE THE PEOPLE OF COSTA MESA A VOTE TO DETERMINE WHAT SIGNIFICANT CHANGES TO FAIRVIEW PARKtI AY BFZn- MADE. n The proposed ordinance reads as follows: < - cri cp The people of Costa Mesa declare the following: ( i? �F_ n CD 1. Parks, wildlife habitat, and open -space lands are vital to maintaining the quality s life in Costa Mesa. As the City's population increases, it is of growing importance to provide parks and recreational opportunities to the residents of Costa Mesa. 2. Preservation of Costa Mesa's unique natural heritage is in the interest of all Costa Mesa residents and visitors. 3. Fairview Park is a unique recreational resource and should be preserved and restored as such, in perpetuity, for the public to enjoy. 4. The intent of the City of Costa Mesa in its purchase of Fairview Park as documented in the 1986 purchase agreement and grant deed, and demonstrated by the development and implementation of the Fairview Park Master Plan was to preserve and protect the last of Costa Mesa's natural open space. 5. There is a need to protect Fairview Park from alterations that reduce the tangible and intangible benefits to the public while visiting and exploring this natural, open space. 6. Fairview Park is a passive use park, developed to promote activities such as walking, hiking, jogging, running, bicycling, glider flying, kite flying, dog walking, picnicking, small group physical activities and similar uses. 7. Fairview Park, historically, has not been a site for organized sports activities that require amenities to be developed or built to meet the general need of those sports activities. S. Currently, Fairview Park provides essential habitat for species of special significance, some of which are federally protected species which are in danger of extinction. The Park contains plants and animals, archeologically sensitive sites, and extremely rare vernal pools which need to be protected for future generations. 9. Once a change is instituted, and the natural land is unnaturally altered, it will be lost for future generations. Page 1 of 6 10. The registered voters of Costa Mesa should have the right to decide whether a change in Fairview Park as previously or currently proposed, but not constructed, should be allowed. NOW, THEREFORE, THE PEOPLE OF THE CITY OF COSTA MESA DO ORDAIN AS FOLLOWS: Sec.—I. Code Amendment. This Ordinance is added to and amends the Costa Mesa Municipal Code as follows and supersedes any provisions that are inconsistent with this ordinance. Sec. -2. Purpose. The purpose of this ordinance is to: A. Keep Fairview Park as a natural and open space as documented in the Fairview Park Master Plan as defined below. B. Give the citizens of Costa Mesa a voice in determining whether the development of a project beyond the As Built condition of Fairview Park shall be allowed or not. C. Ensure that the Costa Mesa officials provide timely, accurate and unbiased review of any such proposed development or change to Fairview Park. D. Ensure that the Citizens of Costa Mesa receive all necessary and accurate environmental and relevant information needed to cast an informed vote on any such proposed development or change. Sec. -3. Definitions. The definitions set forth in this section apply to the provisions of this ordinance only and do not affect any other provisions of law. A. "Significant Change" means: 1. any of the following activities within Fairview Park: i. expansion or intensification of uses, or ii. expansion of current amenities, or iii. addition of new amenities, or iv. expansion of park hours, or v, grading, or vi. expansion of any parking lot's footprint, or vii, laying of foundations, or viii. building of permanent Structures, or, ix. installation of water, electric, gas, or sewer lines or delivery systems, or X. installation of additional lighting, or, xi. alterations that use geotechnical or structural analyses. 2. The following shall not be considered a "Significant Change" under this ordinance: i. installation of trash cans, park benches, picnic tables, or, ii. installation of a concrete pad applied to any such trash cans, park benches, or picnic tables, used to provide Page 2 of 6 stability and/ or theft deterrence, so long as the upper surface area of such pad does not substantially exceed the outer footprint dimensions of said trash can, park bench or picnic table, or iii. installation of ADA compliant rest areas along existing trails and any level concrete pads needed for those rest area as long as the coverage area of those concrete pads are not in excess of the minimum required dimensions for ADA compliance and are spaced from other such pads a minimum of one hundred (100) linear feet or per ADA required spacing intervals. B. "As -Built Condition" means the amenities and alterations that have been built in Fairview Park as of the effective date of this ordinance. C. "Fairview Park" means that area as defined by the City of Costa Mesa in the November 2008 Fairview Park Master Plan, encompassing all parts of the park area designated as "Fairview Park" and any lands currently included in Talbert Park (also known as Talbert Regional Park and Talbert Nature Preserve) if ever acquired by the City of Costa Mesa. D. "Fairview Park Master Plan" means the document and its amendments approved by the City of Costa Mesa to guide the continuing and future alterations to Fairview Park that have been in effect since November 2008. E. "Preservation" or "Preservation efforts" means any activity whose purpose is to protect the natural state of Fairview Park. Those activities could include, but are not limited to, improved signage of an educational or warning nature, educational activities, and activities intended to protect vernal pools, archaeological sites, habitat or biological resources, including installation of protective fencing. "Restoration" means any act or activity whose purpose is to restore any part of Fairview Park to its natural non-developed state. Those activities could include: the removal of non-native or invasive plants, replanting of native habitat areas utilizing the on site collection of seeds and native plant materials, and improvement of the watersheds to enhance the proper flow of water in support of endangered species of plants or animals and the habitat that supports their survival. G. "Maintenance" means any activity whose purpose is to keep the park amenities in a neat, clean, serviceable and safe condition for the public's use. Those activities would include, but are not limited to: mowing of turf areas, painting, replacement of broken lights and bulbs, repair of restroom facilities, rehabilitation and restriping of existing Page 3 of 6 roads and parking lots, repair of any existing Structures, and maintenance of existing paths or trails to allow safe access and use by emergency response vehicles. H. "Natural Lands" means an area of relatively undeveloped land which: 1. has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be restored, to a near -natural condition, and which has valuable wildlife, scenic, open -space, or park resources, or a combination thereof, or 2. meets the definition of open -space land in Section 65560 of the California State Government Code. 1. "Park" means a tract of land with outstanding scenic, natural, open - space, or recreational aspects, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. J. "Structure" means something constructed for occupancy or use, whether installed on, above or below ground and any connected fixtures. Examples of structures include, but are not limited to: 1. buildings and any above ground or below ground electrical, water, gas, or sewage facilities or delivery systems needed or used by those buildings, or 2. roads paved with concrete or asphalt, or 3. curbs constructed of concrete or asphalt, or 4. lamp stands or poles, or 5. pergolas, or gazebos, or 6. parking lots, 7. retaining walls, or 8. microwave or communication towers. Sec. -4. Effective Date, Applicability. A. This ordinance shall be binding and effective as of the earliest date allowed by law (the "Effective Date'). At its first public meeting following completion of the canvass of votes, the Costa Mesa City Council shall pass the resolution required by Elections Code Section 9266. The following day, the elections official of Costa Mesa shall cause a copy of the complete text of the adopted measure to be filed with the Secretary of State pursuant to Government Code Sections 34459 and 34460. B. Pursuant to Elections Code Section 9205, all alterations to Fairview Park after notice of intention to circulate the initiative petition adding this ordinance to the City Municipal Code shall be subject to the Page 4 of 6 provisions of this ordinance. Sec. -5. Vote of the Costa Mesa Electorate on any alteration to Fairview Park. A. Any Significant Change, except those listed in Sec. 6 below, to Fairview Park shall be put to a vote of the Costa Mesa Electorate, provided, however, that no such Significant Change shall be submitted to the Costa Mesa electorate unless it has first been approved by the appropriate governing body. A Significant Change to Fairview Park shall become effective only after approval by the appropriate governing body and a majority of the Costa Mesa electorate who are participating in an election proposing such Significant Change, An advisory election does not satisfy the voter approval requirement. B. The sample ballot materials mailed to the registered voters of Costa Mesa prior to an election shall describe any Significant Change to Fairview Park in a manner that clearly discloses both the scope and main features of the entire proposal (including any development or construction phases) that the Significant Change to Fairview Park includes, consists of or depends on, and the location and the acreage that will be affected by the Significant Change. The description shall clearly compare the proposal to the As -Built condition. Easily readable maps shall be provided to assist the voters in understanding the description of the proposed Significant Change. All of the information called for by this subdivision shall be posted on Costa Mesa's website no later than thirty (3 0) days prior to an electorate election to approve or deny said change. C. The popular vote required by this ordinance shall be in addition to all other applicable review and approval requirements for such Significant Change, including environmental review in compliance with the California Environmental Quality Act ("CEQA"). Sec. -6. Exceptions. A. This ordinance shall not apply to any Significant Changes to Fairview Park that are made for: 1. restoration purposes, or; 2. preservation purposes, or; 3. maintenance purposes, or; 4. public safety, or; 5. to expand the size of Fairview Park, such as by City acquisition of lands currently contained in Talbert Park; or 6. Significant Changes as directed in the Fairview Park Master Plan, that is in effect as of January 1, 2015, as long as that direction does not require the construction of any permanent structure. Page 5 of 6 B. This ordinance shall not apply to any Significant Change to Fairview Park that is legally approved and completed prior to the effective date of this ordinance. See._?. Relationship to Municipal Code. If any provision of this ordinance conflicts with other provisions contained in the Costa Mesa Municipal Code, the provisions of this ordinance shall supersede any other conflicting provision. Sec. -8. Amendments. No provision of this ordinance may be amended or repealed except by a vote of the People of Costa Mesa. Sec. -9. Judicial Enforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this ordinance or to enforce the duties imposed on Costa Mesa by this ordinance. See._10. Construction. This ordinance shall be liberally construed to accomplish its purposes. Nothing herein shall be construed to make illegal any lawful use being made of any land in accordance with the Fairview Park Master Plan and City land use and zoning regulations in force before the effective date of this ordinance, or to prohibit any activities required by State or Federal Law. Sec. -11. Consistency with Other Ballot Measures. If another ballot measure is placed on the same ballot as this measure and deals with the same subject matter, and if both measures pass, the voters intend that both measures shall be put into effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Sec. -12. Severability. If any section, subdivision, clause, sentence, phrase or portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining sections, subdivisions clauses, sentences, phrases and portions shall remain valid and enforceable. The voters declare that they would have passed all sections, subdivisions, clauses, sentences, phrases and portions of this ordinance without the section, subdivision, clause, sentence, phrase or portion declared invalid by a court of competent jurisdiction. Sec. -13. Acts Beyond Control. Nothing in this ordinance shall be construed to bring action against the City for any injury to or change resulting from any natural cause beyond the control of the City, including without limitation, fine, flood, storm and earth movement. Sec. -14. Prohibited Uses: Any activity or use of Fairview Park inconsistent with the purpose of this ordinance is prohibited. Page 6 of 6 AN INITIATIVE REQUIRING CHANGES IN USE AT FAIRVIEW PARK BE SUBJECT TO VOTER APPROVAL The initiative prohibits certain changes in land use at Fairview Park unless the City of Costa Mesa pays for and conducts a citywide election, and the electorate votes in favor of the proposal. In general, the initiative requires voter approval each time Costa Mesa authorizes any expansion or intensification of uses, new or expanded amenities, expansion of park hours, grading, expanding parking lots, new foundations or permanent structures, installation of lighting or utility delivery systems, and alterations using geotechnical or structural analysis. Exceptions apply to (1) restoration, (2) preservation, (3) maintenance, (4) public safety, (5) expanding Fairview Park's size, (6) improvements pursuant to the Fairview Park Master Plan which do not require installing permanent structures, and (7) certain changes approved and completed before the initiative's effective date. The following are examples of projects currently authorized under the Fairview Park Master Plan that could not be implemented without voter approval: Fairview Park, east of Placentia Avenue: • Playground • Platforms/retaining walls for vista overlook area • Museum/multipurpose building • Constructing two paved parking lots to accommodate a total of 131 cars Fairview Park, west of Placentia Avenue: • Playground • Covered picnic areas • Bus turnaround • Stairs to allow bluff access • Grading bluffs to prevent erosion • New restrooms • Boardwalk and pedestrian bridge on new trail Other examples of activities that would be prohibited unless voter approval is obtained include: • Completing structures that were under construction when the initiative became effective 0 Concrete curbs • Expanding existing buildings • Installing additional lighting • Expanding park hours • New trails not listed in the Fairview Park Master Plan • Installing water, electric, gas or sewer lines • Expanding parking lots • Constructing retaining walls • Increasing the number of community events such as concerts -in -the -park, seasonal festivals or races • Pergolas and gazebos • Rest areas along trails that are larger than the minimum required by law, or are within 100 feet of one another The following are examples of activities that would be allowed without an election: • Activities authorized in the Fairview Park Master Plan not requiring the construction of any permanent structure • Restoring Fairview Park to its natural non-developed state • Replacing non-native trees with native trees • Activities intended to protect habitat, vernal pools, burial grounds and artifacts • Removing paths, parking lots or existing man-made improvements • Improving educational signage • Repairing existing structures • Maintaining existing roads, trails and parking lots • Adding land to Fairview Park • Mowing • Replacing broken lights • Installing trash cans, park benches and picnic tables without coverings The initiative requires specific information be included in any sample ballot mailed to registered voters regarding a proposed change to Fairview Park. The initiative also requires compliance with the California Environmental Quality Act. The initiative could not be amended without voter approval. ATTACHMENT 3 RESOLUTION NO. 16-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 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 PROPOSED ORDINANCE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Costa Mesa, California, signed by more than ten percent (10%) of the number of registered voters of the city to submit a proposed ordinance entitled: An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval; and WHEREAS, the City Clerk has caused to be examined, through the office of the Orange County Registrar, the records of registration and is in receipt of that certain "Certificate as to Verification of Signatures on Petition," from the Orange County Registrar, has examined such certificate and has accepted as true and correct the findings contained therein and, thereby, ascertained that the petition is signed by the requisite number of voters; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true, correct, and adopted by the City Council as if set forth in full. SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities there is called and ordered to be held in the City of Costa Mesa, California on November 8, 2016 a General Municipal Election for the purpose of submitting the following proposed ordinance: Measure _: An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval Response Vote Shall an ordinance requiring voter approval for 1) construction of playgrounds, athletic fields, Yes platforms/retaining walls for vista overlook, stairways to provide access to bluffs, new restrooms, parking lots, No museum/multipurpose building, boardwalk and pedestrian bridges; 2) extended park hours for community events; 3) installation of parking lot lighting; or 4) other permanent structures at Fairview Park be adopted? Resolution No. 16-40 Page 1 SECTION 3. That the proposed complete text of the ordinance submitted to the voters is attached as Exhibit A. SECTION 4. That the vote requirement for the measure to pass is a majority (50% +1) of the votes cast. SECTION 5. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 6. That the City Clerk is authorized, instructed, and directed 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 that may be necessary in order to properly and lawfully conduct the election. SECTION 7. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when said polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 8. That the Orange County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. SECTION 9. That in all particulars not recited in this resolution, said election shall be held and conducted in accordance with the provisions of law regulating the statewide election. SECTION 10. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give such further or additional notice of the election, in the time, form, and manner required by law. SECTION 11. The Costa Mesa City Council hereby requests that the Orange County Registrar of Voters conduct all necessary services related to the Costa Mesa General Municipal Election. Pursuant to Elections Code Section 10002, the Finance Director, or his/her designee, is hereby authorized to reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. SECTION 12. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Costa Mesa on this 21St day of June, 2016. Stephen M. Mensinger, Mayor Resolution No. 16-40 Page 2 ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 16-40 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 21St day of June, 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 22nd day of June, 2016. BRENDA GREEN. CITY CLERK Attachment: Exhibit A — Proposed Ordinance Resolution No. 16-40 Page 3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS. AN ORDINANCE TO GIVE THE PEOPLE OF COSTA MESA A VOTE TO DETERMINE WHAT SIGNIFICANT CHANGES TO FAIRVIEW PARKMA,:S/ B MADE. -? t The proposed ordinance reads as follows: The people of Costa Mesa declare the following: I x i=r 1. Parks, wildlife habitat, and open -space lands are vital to maintaining the quality 60 life in Costa Mesa. As the City's population increases, it is of growing importance to provide parks and recreational opportunities to the residents of Costa Mesa. 2. Preservation of Costa Mesa's unique natural heritage is in the interest of all Costa Mesa residents and visitors. 3. Fairview Park is a unique recreational resource and should be preserved and restored as such, in perpetuity, for the public to enjoy. 4. The intent of the City of Costa Mesa in its purchase of Fairview Park as documented in the 1986 purchase agreement and grant deed, and demonstrated by the development and implementation of the Fairview Park Master Plan was to preserve and protect the last of Costa Mesa's natural open space. 5. There is a need to protect Fairview Park from alterations that reduce the tangible and intangible benefits to the public while visiting and exploring this natural, open space. 6. Fairview Park is a passive use park, developed to promote activities such as walking, hiking, jogging, running, bicycling, glider flying, kite flying, dog walking, picnicking, small group physical activities and similar uses. 7. Fairview Park, historically, has not been a site for organized sports activities that require amenities to be developed or built to meet the general need of those sports activities. 8. Currently, Fairview Park provides essential habitat for species of special significance, some of which are federally protected species which are in danger of extinction. The Park contains plants and animals, archeologically sensitive sites, and extremely rare vernal pools which need to be protected for future generations. 9. Once a change is instituted, and the natural land is unnaturally altered, it will be lost for future generations. Page I of 10. The registered voters of Costa Mesa should have the right to decide whether a change in Fairview Park as previously or currently proposed, but not constructed, should be allowed. NOW, THEREFORE, THE PEOPLE OF THE CITY OF COSTA MESA DO ORDAIN AS FOLLOWS: See.—I. Code Amendment. This Ordinance is added to and amends the Costa Mesa Municipal Code as follows and supersedes any provisions that are inconsistent with this ordinance. Sec. -2. Purpose. The purpose of this ordinance is to: A. Keep Fairview Park as a natural and open space as documented in the Fairview Park Master Plan as defined below. B. Give the citizens of Costa Mesa a voice in determining whether the development of a project beyond the As Built condition of Fairview Park shall be allowed or not. C. Ensure that the Costa Mesa officials provide timely, accurate and unbiased review of any such proposed development or change to Fairview Park. D. Ensure that the Citizens of Costa Mesa receive all necessary and accurate environmental and relevant information needed to cast an informed vote on any such proposed development or change. Sec. -3. Definitions. The definitions set forth in this section apply to the provisions of this ordinance only and do not affect any other provisions of law. A. "Significant Change" means: 1. any of the following activities within Fairview Park: i. expansion or intensification of uses, or ii. expansion of current amenities, or iii. addition of new amenities, or iv. expansion of park hours, or v. grading, or vi. expansion of any parking lot's footprint, or vii. laying of foundations, or viii. building of permanent Structures, or, ix. installation of water, electric, gas, or sewer lines or delivery systems, or X. installation of additional lighting, or, xi. alterations that use geotechnical or structural analyses. 2. The following shall not be considered a "Significant Change" ander this ordinance: i, installation of trash cans, park benches, picnic tables, or, ii. installation of a concrete pad applied to any such trash cans, park benches, or picnic tables, used to provide Page 2 of 6 stability and/ or theft deterrence, so long as the upper surface area of such pad does not substantially exceed the outer footprint dimensions of said trash can, park bench or picnic table, or iii. installation of ADA compliant rest areas along existing trails and any level concrete pads needed for those rest area as long as the coverage area of those concrete pads are not in excess of the minimum required dimensions for ADA compliance and are spaced from other such pads a minimum of one hundred (100) linear feet or per ADA required spacing intervals. B. "As -Built Condition" means the amenities and alterations that have been built in Fairview Park as of the effective date of this ordinance. C. "Fairview Park" means that area as defined by the City of Costa Mesa in the November 2008 Fairview Park Master Plan, encompassing all parts of the park area designated as "Fairview Park" and any lands currently included in Talbert Park (also known as Talbert Regional Park and Talbert Nature Preserve) if ever acquired by the City of Costa Mesa. D. "Fairview Park Master Plan" means the document and its amendments approved by the City of Costa Mesa to guide the continuing and future alterations to Fairview Park that have been in effect since November 2008. E. "Preservation" or "Preservation efforts" means any activity whose purpose is to protect the natural state of Fairview Park. Those activities could include, but are not limited to, improved signage of an educational or warning nature, educational activities, and activities intended to protect vernal pools, archaeological sites, habitat or biological resources, including installation of protective fencing. "Restoration" means any act or activity whose purpose is to restore any part of Fairview Park to its natural non-developed state. Those activities could include: the removal of non-native or invasive plants, replanting of native habitat areas utilizing the on site collection of seeds and native plant materials, and improvement of the watersheds to enhance the proper flow of water in support of endangered species of plants or animals and the habitat that supports their survival. G. "Maintenance" means any activity whose propose is to keep the park amenities in a neat, clean, serviceable and safe condition for the public's use. Those activities would include, but are not limited to: mowing of turf areas, painting, replacement of broken lights and bulbs, repair of restroom facilities, rehabilitation and restriping of existing Page 3 of 6 roads and parking lots, repair of any existing Structures, and maintenance of existing paths or trails to allow safe access and use by emergency response vehicles. H. "Natural Lands" means an area of relatively undeveloped land which: 1. has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be restored, to a near -natural condition, and which has valuable wildlife, scenic, open -space, or park resources, or a combination thereof, or 2. meets the definition of open -space land in Section 65560 of the California State Government Code. 1. "Park" means a tract of land with outstanding scenic, natural, open - space, or recreational aspects, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. J. "Structure" means something constructed for occupancy or use, whether installed on, above or below ground and any connected fixtures. Examples of structures include, but are not limited to: 1. buildings and any above ground or below ground electrical, water, gas, or sewage facilities or delivery systems needed or used by those buildings, or 2. roads paved with concrete or asphalt, or 3. curbs conshncted of concrete or asphalt, or 4. lamp stands or poles, or 5. pergolas, or gazebos, or s. parking lots, 7. retaining walls, or a. microwave or communication towers. Sec. -4. Effective Date, Applicability. A. This ordinance shall be binding and effective as of the earliest date allowed by law (the "Effective Date"). At its first public meeting following completion of the canvass of votes, the Costa Mesa City Council shall pass the resolution required by Elections Code Section 9266. The following day, the elections official of Costa Mesa shall cause a copy of the complete text of the adopted measure to be filed with the Secretary of State pursuant to Government Code Sections 34459 and 34460. B. Pursuant to Elections Code Section 9205, all alterations to Fairview Park after notice of intention to circulate the initiative petition adding this ordinance to the City Municipal Code shall be subject to the Page 4 of 6 provisions of this ordinance. Sec. -5. Vote of the Costa Mesa Electorate on any alteration to Fairview Park. A. Any Significant Change, except those listed in Sec. 6 below, to Fairview Park shall be put to a vote of the Costa Mesa Electorate, provided, however, that no such Significant Change shall be submitted to the Costa Mesa electorate unless it has first been approved by the appropriate governing body. A Significant Change to Fairview Park shall become effective only after approval by the appropriate governing body and a majority of the Costa Mesa electorate who are participating in an election proposing such Significant Change, An advisory election does not satisfy the voter approval requirement. B. The sample ballot materials mailed to the registered voters of Costa Mesa prior to an election shall describe any Significant Change to Fairview Park in a manner that clearly discloses both the scope and main features of the entire proposal (including any development or construction phases) that the Significant Change to Fairview Park includes, consists of or depends on, and the location and the acreage that will be affected by the Significant Change. The description shall clearly compare the proposal to the As -Built condition. Easily readable maps shall be provided to assist the voters in understanding the description of the proposed Significant Change. All of the information called for by this subdivision shall be posted on Costa Mesa's website no later than thirty (3 0) days prior to an electorate election to approve or deny said change. C. The popular vote required by this ordinance shall be in addition to all other applicable review and approval requirements for such Significant Change, including environmental review in compliance with the California Environmental Quality Act ("CEQA"). Sec. -6. Exceptions. A. This ordinance shall not apply to any Significant Changes to Fairview Park that are made for: 1. restoration purposes, or; 2. preservation purposes, or; 3. maintenance purposes, or; 4. public safety, or; 5. to expand the size of Fairview Park, such as by City acquisition of lands currently contained in Talbert Park; or 6. Significant Changes as directed in the Fairview Park Master Plan, that is in effect as of January 1, 2015, as long as that direction does not require the construction of any permanent structure. Page 5 of 6 B. This ordinance shall not apply to any Significant Change to Fairview Park that is legally approved and completed prior to the effective date of this ordinance. Sec. -7. Relationship to Municipal Code. If any provision of this ordinance conflicts with other provisions contained in the Costa Mesa Municipal Code, the provisions of this ordinance shall supersede any other conflicting provision. Sec. -8. Amendments. No provision of this ordinance may be amended or repealed except by a vote of the People of Costa Mesa. Sec. -9. Judicial Enforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this ordinance or to enforce the duties imposed on Costa Mesa by this ordinance. Sec._10. Construction. This ordinance shall be liberally construed to accomplish its purposes. Nothing herein shall be construed to make illegal any lawful use being made of any land in accordance with the Fairview Park Master Plan and City land use and zoning regulations in force before the effective date of this ordinance, or to prohibit any activities required by State or Federal Law. Sec. -11. Consistency with Other Ballot Measures. If another ballot measure is placed on the same ballot as this measure and deals with the same subject matter, and if both measures pass, the voters intend that both measures shall be put into effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Sec. -12. Severability. If any section, subdivision, clause, sentence, phrase or portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining sections, subdivisions clauses, sentences, phrases and portions shall remain valid and enforceable. The voters declare that they would have passed all sections, subdivisions, clauses, sentences, phrases and portions of this ordinance without the section, subdivision, clause, sentence, phrase or portion declared invalid by a court of competent jurisdiction. Sec. -13. Acts Beyond Control. Nothing in this ordinance shall be construed to bring action against the City for any injury to or change resulting from any natural cause beyond the control of the City, including without limitation, fire, flood, storm and earth movement. See. -14. Prohibited Uses: Any activity or use of Fairview Park inconsistent with the purpose of this ordinance is prohibited. Page 6 of 6 ATTACHMENT 4 RESOLUTION NO. 16-41 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 the adoption of proposed ordinance; and WHEREAS, it is desirable 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. 16-41 Page 1 SECTION 2. That the following measure is to appear on the ballot as follows: Measure _: An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval Response Vote Shall an ordinance requiring voter approval for 1) construction of playgrounds, athletic fields, Yes platforms/retaining walls for vista overlook, stairways to provide access to bluffs, new restrooms, parking lots, museum/multipurpose building, boardwalk and pedestrian No bridges; 2) extended park hours for community events; 3) installation of parking lot lighting; or 4) other permanent structures at Fairview Park be adopted? SECTION 3. That the proposed complete text of the ordinance submitted to the voters is attached as Exhibit A. SECTION 4. That the vote requirement for the measure 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 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. resolution. That the City Clerk shall certify to the passage and adoption of this Resolution No. 16-41 Page 2 PASSED AND ADOPTED this 21St day of June, 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. 16-41 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 21St day of June, 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 22nd day of June, 2016. BRENDA GREEN, CITY CLERK Attachments: 1. Exhibit A — Proposed Ordinance: An Initiative Requiring Changes In Use At Fairview Park Be Subject To Voter Approval. Resolution No. 16-41 Page 3 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS. AN ORDINANCE TO GIVE THE PEOPLE OF COSTA MESA A VOTE TO DETERMINE WHAT SIGNIFICANT CHANGES TO FAIRVIEW PARK�.4AY Bt; MADE. <- The proposed ordinance reads as follows: The people of Costa Mesa declare the following: r� a 1. Parks, wildlife habitat, and open -space lands are vital to maintaining the quality 60 life in Costa Mesa. As the City's population increases, it is of growing importance to provide parks and recreational opportunities to the residents of Costa Mesa. 2. Preservation of Costa Mesa's unique natural heritage is in the interest of all Costa Mesa residents and visitors. I Fairview Park is a unique recreational resource and should be preserved and restored as such, in perpetuity, for the public to enjoy. 4. The intent of the City of Costa Mesa in its purchase of Fairview Park as documented in the 1986 purchase agreement and grant deed, and demonstrated by the development and implementation of the Fairview Park Master Plan was to preserve and protect the last of Costa Mesa's natural open space. 5. There is a need to protect Fairview Park from alterations that reduce the tangible and intangible benefits to the public while visiting and exploring this natural, open space. 6. Fairview Park is a passive use park, developed to promote activities such as walking, biking, jogging, Tanning, bicycling, glider flying, kite flying, dog walking, picnicking, small group physical activities and similar uses. 7. Fairview Park, historically, has not been a site for organized sports activities that require amenities to be developed or built to meet the general need of those sports activities. 8. Currently, Fairview Park provides essential habitat for species of special significance, some of which are federally protected species which are in danger of extinction. The Park contains plants and animals, archeologically sensitive sites, and extremely rare vernal pools which need to be protected for future generations. 9. Once a change is instituted, and the natural land is Unnaturally altered, it will be lost for future generations. Page 1 of 6 10. The registered voters of Costa Mesa should have the right to decide whether a change in Fairview Park as previously or currently proposed, but not constructed, should be allowed. NOW, THEREFORE, THE PEOPLE OF THE CITY OF COSTA MESA DO ORDAIN AS FOLLOWS: See.—I. Code Amendment. This Ordinance is added to and amends the Costa Mesa Municipal Code as follows and supersedes any provisions that are inconsistent with this ordinance. See. -2. Purpose. The purpose of this ordinance is to: A. Keep Fairview Park as a natural and open space as documented in the Fairview Park Master Plan as defined below. B. Give the citizens of Costa Mesa a voice in determining whether the development of a project beyond the As Built condition of Fairview Park shall be allowed or not. C. Ensure that the Costa Mesa officials provide timely, accurate and unbiased review of any such proposed development or change to Fairview Park. D. Ensure that the Citizens of Costa Mesa receive all necessary and accurate environmental and relevant information needed to cast an informed vote on any such proposed development or change. Sec. -3. Definitions. The definitions set forth in this section apply to the provisions of this ordinance only and do not affect any other provisions of law. A. "Significant Change" means: 1, any of the following activities within Fairview Park: i. expansion or intensification of uses, or u. expansion of current amenities, or iii. addition of new amenities, or iv. expansion of park hours, or v. grading, or vi. expansion of any parking lot's footprint, or vii. laying of foundations, or viii. building of permanent Structures, or, ix. installation of water, electric, gas, or sewer lines or delivery systems, or X. installation of additional lighting, or, xi. alterations that use geotechnical or structural analyses. 2. The following shall not be considered a "Significant Change" under this ordinance: i. installation of trash cans, park benches, picnic tables, or, ii. installation of a concrete pad applied to any such trash cans, park benches, or picnic tables, used to provide Page 2 of 6 stability and/ or theft deterrence, so long as the upper surface area of such pad does not substantially exceed the outer footprint dimensions of said trash can, park bench or picnic table, or iii. installation of ADA compliant rest areas along existing trails and any level concrete pads needed for those rest area as long as the coverage area of those concrete pads are not in excess of the minimum required dimensions for ADA compliance and are spaced from other such pads a minimum of one hundred (100) linear feet or per ADA required spacing intervals. B. "As -Built Condition" means the amenities and alterations that have been built in Fairview Park as of the effective date of this ordinance. C. "Fairview Parlc" means that area as defined by the City of Costa Mesa in the November 2008 Fairview Park Master Plan, encompassing all parts of the park area designated as "Fairview Park" and any lands currently included in Talbert Park (also known as Talbert Regional Park and Talbert Nature Preserve) if ever acquired by the City of Costa Mesa. D. "Fairview Park Master Plan" means the document and its amendments approved by the City of Costa Mesa to guide the continuing and future alterations to Fairview Park that have been in effect since November 2008. E. "Preservation" or "Preservation efforts" means any activity whose purpose is to protect the natural state of Fairview Park. Those activities could include, but are not limited to, improved signage of an educational or warning nature, educational activities, and activities intended to protect vernal pools, archaeological sites, habitat or biological resources, including installation of protective fencing. "Restoration" means any act or activity whose purpose is to restore any part of Fairview Park to its natural non-developed state. Those activities could include: the removal of non-native or invasive plants, replanting of native habitat areas utilizing the on site collection of seeds and native plant materials, and improvement of the watersheds to enhance the proper flow of water in support of endangered species of plants or animals and the habitat that supports their survival. G. "Maintenance" means any activity whose purpose is to keep the park amenities in a neat, clean, serviceable and safe condition for the public's use. Those activities would include, but are not limited to: mowing of turf areas, painting, replacement of broken lights and bulbs, repair of restroom facilities, rehabilitation and restriping of existing Page 3 of 6 roads and parking lots, repair of any existing Structures, and maintenance of existing paths or trails to allow safe access and use by emergency response vehicles. H. "Natural Lands" means an area of relatively undeveloped land which: 1. has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be restored, to a near -natural condition, and which has valuable wildlife, scenic, open -space, or park resources, or a combination thereof, or 2, meets the definition of open -space land in Section 65560 of the California State Government Code. 1. "Park" means a tract of land with outstanding scenic, natural, open - space, or recreational aspects, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. J. "Structure" means something constructed for occupancy or use, whether installed on, above or below ground and any connected fixtures. Examples of structures include, but are not limited to: 1. buildings and any above ground or below ground electrical, water, gas, or sewage facilities or delivery systems needed or used by those buildings, or 2. roads paved with concrete or asphalt, or 3. curbs constructed of concrete or asphalt, or 4. lamp stands or poles, or 5. pergolas, or gazebos, or 6. parking lots, 7. retaining walls, or El. microwave or communication towers. Sec. -4. Effective Date, Applicability. A. This ordinance shall be binding and effective as of the earliest date allowed by law (the "Effective Date'). At its first public meeting following completion of the canvass of votes, the Costa Mesa City Council shall pass the resolution required by Elections Code Section 9266. The following day, the elections official of Costa Mesa shall cause a copy of the complete text of the adopted measure to be filed with the Secretary of State pursuant to Government Code Sections 34459 and 34460. B. Pursuant to Elections Code Section 9205, all alterations to Fairview Park after notice of intention to circulate the initiative petition adding this ordinance to the City Municipal Code shall be subject to the Page 4 of 6 provisions of this ordinance. Sec. -5. Vote of the Costa Mesa Electorate on any alteration to Fairview Park. A. Any Significant Change, except those listed in See. 6 below, to Fairview Park shall be put to a vote of the Costa Mesa Electorate, provided, however, that no such Significant Change shall be submitted to the Costa Mesa electorate unless it has first been approved by the appropriate governing body. A Significant Change to Fairview Park shall become effective only after approval by the appropriate governing body and a majority of the Costa Mesa electorate who are participating in an election proposing such Significant Change, An advisory election does not satisfy the voter approval requirement. B. The sample ballot materials mailed to the registered voters of Costa Mesa prior to an election shall describe any Significant Change to Fairview Park in a manner that clearly discloses both the scope and main features of the entire proposal (including any development or construction phases) that the Significant Change to Fairview Park includes, consists of or depends on, and the location and the acreage that will be affected by the Significant Change. The description shall clearly compare the proposal to the As -Built condition. Easily readable maps shall be provided to assist the voters in understanding the description of the proposed Significant Change. All of the information called for by this subdivision shall be posted on Costa Mesa's website no later than thirty (30) days prior to an electorate election to approve or deny said change. C. The popular vote required by this ordinance shall be in addition to all other applicable review and approval requirements for such Significant Change, including environmental review in compliance with the California Environmental Quality Act ("CEQA"). Sec. -6. Exceptions. A. This ordinance shall not apply to any Significant Changes to Fairview Park that are made for: 1. restoration purposes, or; 2. preservation purposes, or; 3. maintenance purposes, or; 4. public safety, or; 5. to expand the size of Fairview Park, such as by City acquisition of lands currently contained in Talbert Park; or 6. Significant Changes as directed in the Fairview Park Master PIan, that is in effect as of January 1, 2015, as long as that direction does not require the construction of any permanent structure. Page 5 of 6 B. This ordinance shall not apply to any Significant Change to Fairview Park that is legally approved and completed prior to the effective date of this ordinance. Sec. -7. Relationship to Municipal Code. If any provision of this ordinance conflicts with other provisions contained in the Costa Mesa Municipal Code, the provisions of this ordinance shall supersede any other conflicting provision. Sec.—S. Amendments. No provision of this ordinance may be amended or repealed except by a vote of the People of Costa Mesa. Sec. -9. Judicial Enforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this ordinance or to enforce the duties imposed on Costa Mesa by this ordinance. Sec._10. Construction. This ordinance shall be liberally construed to accomplish its purposes. Nothing herein shall be construed to make illegal any lawful use being made of any land in accordance with the Fairview Park Master Plan and City land use and zoning regulations in force before the effective date of this ordinance, or to prohibit any activities required by State or Federal Law. See. -11. Consistency with Other Ballot Measures. If another ballot measure is placed on the same ballot as this measure and deals with the same subject matter, and if both measures pass, the voters intend that both measures shall be put into effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Sec. -12. Severability. If any section, subdivision, clause, sentence, phrase or portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining sections, subdivisions clauses, sentences, phrases and portions shall remain valid and enforceable. The voters declare that they would have passed all sections, subdivisions, clauses, sentences, phrases and portions of this ordinance without the section, subdivision, clause, sentence, phrase or portion declared invalid by a court of competent jurisdiction. Sec. -13. Acts Beyond Control. Nothing in this ordinance shall be construed to bring action against the City for any injury to or change resulting from any natural cause beyond the control of the City, including without limitation, fire, flood, storm and earth movement. Sec. -14. Prohibited Uses: Any activity or use of Fairview Park inconsistent with the purpose of this ordinance is prohibited. Page 6 of 6 ATTACHMENT 5 RESOLUTION NO. 16-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED MEASURE REQUIRING CHANGES IN USE AT FAIRVIEW PARK BE SUBJECT TO VOTER APPROVAL WHEREAS, a General Municipal Election is to be held in the City of Costa Mesa, California, on Tuesday, November 8, 2016, at which there will be submitted to the voters the following measure: Measure _: An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval Response Vote Shall an ordinance requiring voter approval for 1) construction of playgrounds, athletic fields, Yes platforms/retaining walls for vista overlook, stairways to provide access to bluffs, new restrooms, parking lots, No museum/multipurpose building, boardwalk and pedestrian bridges; 2) extended park hours for community events; 3) installation of parking lot lighting; or 4) other permanent structures at Fairview Park be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council affirms for measures placed on the ballot by petition, the persons filing an initiative petition, pursuant to Elections Code Section 9282(a) may file a written argument in favor of the ordinance, not exceeding 300 words, and the legislative body may submit an argument against the ordinance. SECTION 2. That the City Council authorizes the following member(s) of it's body ayor Against) ayor Pro Tem Member Against) ouncil Member Against) ouncil Member Against) ouncil Member Against) to file a written argument Against Measure 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 maybe changed or withdrawn until and including July 1, 2016, 5:00 p.m., the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Resolution No. 16-42 Page 1 of 3 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. 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 July 1, 2016, 5:00 p.m., 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 JUNE 21, 2016. Stephen M. Mensinger, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Thomas Duarte, City Attorney Resolution No. 16-42 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. 16-42 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 215t day of June, 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 22nd day of June, 2016. BRENDA GREEN. CITY CLERK Resolution No. 16-42 Page 3 of 3