HomeMy WebLinkAbout16-41 - Notice of General Election to be held Nov. 8, 2016, Proposed OrdinanceRESOLUTION NO. 16-41
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. 16-41 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 o1fjoo!J0 Mesa on this 5th day of July, 2016.
Stephen M. Mensinger, Mayor
Resolution No. 16-41 Page 2
ATTEST:
Brenda Green, dity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROV TO FORM:
Thomas Dua City Attorney
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 5th day of July, 2016, by the following roll call
vote. to wit:
AYES: COUNCIL MEMBERS: FOLEY, GENIS, MONAHAN, RIGHEIMER, MENSINGER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa
Mesa this 6th day of July, 2016.
GREEN, GRE N, CITY CLERK
Attachment: Exhibit A — Proposed Ordinance
Resolution No. 16-41 Page 3
EXHIBIT A
iNFRATTVE M.r,,ASTJ;RE'1"013E SUBMITTED DIRECT'L'Y TO THE VOTERS,
AN ORDINANCETO l"OGIVETHE PEOPLE OF',COSTA. MESA A VOTE TO
DETFRMINC WHAT SKiNIFICANT CHANGESTO FAIRVTEW PARK MAY fl
MADE, mS
The proposed ordinance reads as follows:
ran era
c:n
The people of Costa Mesa declare the following; .
r`%moi
1. pants, wildlife habitat, and open -space lands are vital to maintaining the quality 0
life in Costa Mesa. As the City's population increases, it is of growing importance
toprovideparks and recreational opportunities to the residents of Costa Mesa.
2, Preservation of Costa Mesa's unique natural heritage is 1n the interest of all Costa
Mesa residents -and. visitors..
3. FairviewPark is a unique recreationalreseurce and shoFLld bepreservedand
restored as such, in perpetuity, for the public, to enjoy.
4. The intent of the City of Costs Mesa in its purchase of Fairview Park as
documented in the 1956 purchase agreement and grant deed, and demonstrated by
the •development and implementation of the Fairview Park Master Pian was to
preserve and protect tate last of Costa Mesa's natural open space.
S, There is a need to protect, Fairview Park Blom alterations that reduce The tangible
and intangible benefits to the public while visiting and exploring this n'atural',.
open space.
6. FairviewParkis a passiveusepark, devOoped 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, bistorically, has not been a site for organized sports activities that
require amenitles to be developed or buUt't;o meet the general need of those sports
activities,
S. Currently, Fairview Parlc .provides essential Nabi T<rt fbr species of sieGi al
signifIcancc, same of"whieh are federally, protected species vYhich are in danger of
extinefion. The Park- c'onta'ins 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 naturtfl land is urmaturallp altered, it will be
lost for firture.r;enerations.
Page I 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 construotod,
should. be allowed.
NOW, 'T HEREFORE, 'CITE PEOPLE OF Tl IL CITY OF COSTA rVUSA DO
ORDAIN AS FOLUOWS;
Sec.—I, Code Amendment. This Ordinance is added to and amends the Costa: Mesa
Municipal Code as follows and supersedes any provisions thatare
inconsistent with, ilus 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 Placa as denied below,
n. Give the citizens of Costa Mesa a voice in determining whether the
development of prof cot beyond the As Built condition of Fairview
Park shall be allowed or not,
c. Ensure that the Costa Mesa officials provide timely, accurate and
uablased review of any such proposed development or change to
Fairview Park.
U. Ensure that the Citizens of Costa Mesa receive all necessary and
accurate environmental and relevant information needed to oast au
informed vote on any such proposed development or change,
See.,_,_3. Definitions. The definitians set forth in this section apply to the provisions
of this ordinance only and do not atl`ect any other provisions of law.
A. "Significant Change" means:
7, any of the following activities within, Fairview Parr:
L expansion or intensification of uses, or
ii, expansion of current amonities, or
Ill. addition of new amenities, or
iv: expansion of park hours, or
v, grading, or
VL expansion of any parkhrg.lot's footprint, or
vii', laying of'fotandations, or
viii.. building of permanent Structures or,
ix. installation of water, electric, gas, or sewor Ilues or deli cry
systerris, or
x, installation of additional lighting, or,
xi. .alterations that rause geotechnical or structural analyses.
2. The fallowing shalltact be considered a "Significant Change
tinder this ordinance:
I, installation of trash calls, park benches, picnic tables, or,
ii, installation of 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 theupper
surface area of such pad does not substantially exceed the
outer footprint dissensions of said -trash can, park benoh or
picnic table,or
iii, installation of ADA compliant rest areas along existing
trails and any level concrete pads needed fax those test
area as, long as the coverage area of those oonorote pads
are not:in excess ofthe minimum required dissensions for
ADA compliance and are spaced from other such palls a
minlmum of one hundred (100) linear feet or per ADA
required spacing intervals.
S. ",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 l airview Park Master Plan; encompassing
all parts of the pails area designated as "lairviewv .Park" and any lands
currently included in Talbert Parte: (also knovvn as Talbert -P ogional
Park and TalbertNature Preserve). if over acquired by the City of Costa
Mesa.
D. "Fab -view Park Master Plan" means the document and its
amendments approved by the City of Costa Mesa to guide the
continuing and nature alterations to Fairview Park that have been in
effect: since November 2008.
z "Preservation" or "Preservation efforts" means any activity whose
purpose is to protect: the- natural state a£Falrview Park, 'Those activities
could, h elude; but are not limited to, unproved signage of an
educational or warring nature, educational activities, and activities
intended to protect vernal pools,; archaeological sites, habitat or
biological resources, including his tailation.ofprotective fencing.
F, `zR.estora tion" means any act or activity whose purpose is to restore
any part of Fairview Parte to its natural.non-developed state, Those
activities could include.. the removal of non-native, or invasivoplanis;,
replanting of native habitat areas utill�dng 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
ofplants or animals and the habitatthat supporLs their survival,
a "Mairateaance" means say activity whose purpose is to keep the park
amenities in a -neat, clean, -serviceable and safe condition for the
public's use. T ose.activities would Include, but are not limited to:
mowing of turf areas, painting, replacement of broken Ughts and bulbs,
repair of`reAroosu facilities, rehabilitation and restriping of existing
flags 3 of
roads and parking lots, repair of any caxistbig 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.
t, 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 wYhich hasvdluable wildlife, acinic,
open -space; or park resources, or a combination thereof, or
2. ineets the definition of open space land in Seot= 65560 of the
California State Government Code,
s. "Park" means a tract of land :with outstanding sceirid, natural, open.
space, or recreational aspects, set apart to conserve natural, scenic,
cultural, or ecological, resources far present and future generations, and
to be used by the public as a place for rest, recreation, education,,
exercise, inspiration; or enjoyment.
,% "Structure" rueans something constructed for occupancy or use,
whether4usialled on, above or below groundandany connected
Mures. Examples of structures include, but are not limited to.
i. buildings and any above ground or below ground electrical,
water, gas, or sewagefacilities or delivery systems needed or
used by those buildings, or
2, roads. paved with concrete or asphalt, or
I cturbs donsb`ucted of concrete.or asphalt, or
4. lamp stands or pules„ or
6, .pergolas, or gazebos; or
s. parkttagloCs,
Z, retaining walls, or
S. microwave or communication towers;
Sec,,—_4. VffectiveDate, ,Applicabllify,
A, This ordinance shall be binding and effective as of the earliest date
allowed by law (the' ffectivo Date"). At itsfirstpixblic meating
fallowing completion of the canvass of votes, the Costa MesaCity
Council: shall pass the resolution rociuired by flections Code Section
9265, The following day, tine eleetlons official. of Costa Mega shall
cause a copy of the complete taxi of the adopted rueosurc-,to be filed
with the Secretary of State pursuant to Government Code. Suctions
34459 acid 34460.
U, Pursuant to Elections CodeSoction9205,.all, alterations to.Fairview
Pack after notice of intention to circulate the initiative petition adding
this ordinance to the City Municipal Code Mialt be subject to the
Page: 4 of
provisions of this ordinance,
Sac., S. 'note of the Costa Mesa Electorate on any alteration toFakvlety Park.
A. Any Significant Change, except diose listed. in Sec. 6 below, to
Pairview Park shall be put to a vote of the Costa Mesa 131ectorate,
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 SipWcant. Change to Fairviow-Park
shalll become ettective only after approval by the appropriate
governing body and a majority ofthe Costa ivies& electorate who are
participating in an election proposing such Sigalficaat Change, An
advisory election does not selsfy the voter approval requirement,
3. The sample ballot materials mailed to the registered voters of Costa
Mesa prior to an election, shall describe any'Signitrcant Change to
i"airview Park it, a manner that clearly discloses both the scope and
main features of the entire proposal (includirjg any development or
construction phases) that the Significant Change to FairviewPark
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 tbe proposal to the As-Bailt condition. Easily readable
.maps shall be provided to assist the voters in understanding the
description ofthe proposed Significant Change. All of the information
called for by this subdivislon shall be posted on Costa Mesas wobs;te
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 aid approval requirements for such Significant Change,
laoluding enviroonrental review in compliance with the California Environmental
Quality Act C'CEQAI�
Sec._6. txeeptioxts,
A. This ordinance sljall not apply to a Sigirificant Changes to Fairvievv
Park that are made for:
t. restoration purposes, or;
2, preservation_ purposes, or,
-3. maintenance purposes, oli.
d, public safety, or;
5, to expand:the size of rairview pari:, such as by City acquisition
of lands currently contained in Talbert Nrlq car
s. Significant Changes as directed in the Fairview panic Master
Plein, that is in effect as Wanuaiy l"2015, as long is that
dimotion does not require Or construction of axrypormauent
structure.
Page 5 of
B. This ordinance shall not apply to any Significant Change to Faizyiew
Park that is legally approved and completed prior to the effective date
ofthis osdirarace.
8e0.1-7. Relationship to Municipal Corse, If any provision of this ordinance conflicts
with otherprovisions contained in the Costa Mesa Municipal Code, the
provisions.of this ordinance shall supersede any other confiotingprovision..
Sec;,_ R. Arxxend en ts, No provision ofthis ordinance may be amended or repealed
except by a vote of the People of Costa Mesa.
aec,____9. Judicial Enforcement. Any aggrioved person shall have the right to bring
an action to enjoin any violation of this ardinanoe or to eaforce the duties
Imposed on Costa Mesa by this ordinance.
See._,_,10.. Construction. This ordinance shall be liberally construed to aceamplish.its
purposes Nothing heerein shall be construed to make illegal any lawful use
being made of any land hizecordance with the Fairview Park. Master Plan
and City land use and zoning regulations in force before the effective data of
this ordinance, or to prohibit- any aotivities required by State or Federal Law.
Conslsteucywith Other Ballot Measores, If another ballot measure is
placed on the sauce 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 specifxe provisions of the measures
are in direct corullot.,In the event of a direct conflict, tile measure which
obtained more votes will control as to the directly confiioting rovisions only,.
The voters expressly declare this to be their intent, regardless of any contrary
language in any other ballot measure.
Secg_12. Severability._Tfany -section, subdivision, olausc, sentence, phrase or portion
of this ordinance is declared invalid by'a court ofcompetent jtrisdiction, the
remaining sections, subdivisions clauses, sentences, phrases.and portions
shall sesnain valid and enforceable. The voters declare that they would, have
passed all sections, subdivisions, clauses,. sentences, plimses and portions of
this ordinance without the section, subdivision, clause, senteace, phrase or
portion declared invalid by tr court of competent jurisdiction.
See. _ 13. Acts Beyond Control.` Nothing in this ordinance shrill be construed to bring
action againsttho City for any injury to or cshange resuttin grain any natural
oatus 'beyorxcith.e control ofthe.Ciiy, includhigwhhoutllmitation,-:tre,.fiood,.
storm and earth rnovernett.
See._14. Prohibited Uses: Any activity ornse of Fairview Park inconsistent with
the purpose of this ordinance is prohibited,
Pago 6 of 6