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HomeMy WebLinkAbout16-42 - Consolidate General Municipal Election and Statewide General Election on Nov. 8, 2016RESOLUTION NO. 16-42 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. 16-42 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, 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? 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 or special election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary to hold the consolidated election. SECTION 7. That the City of Costa Mesa recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 8. That the City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 9 resolution. That the City Clerk shall certify to the passage and adoption of this Resolution No. 16-42 Page 2 PASSE AND ADOPTED this 5th day of July, 2016. Stephen M. Mensinger ATTEST: Brenda Green, CAy Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVV� TO O M: ThomA Duarte, ity Attorney 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 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. &JlrylL-- QQ/Vl, BRENDA GREEN, ITY CLERK Attachments: 1. Exhibit A — Proposed Ordinance: An Initiative Requiring Changes In Use At Fairview Park Be Subject To Voter Approval. Resolution No. 16-42 Page 3 EXHIBIT A lNI"PIATIVE MEASURE TO BE SUBMITTED Dl'RECTLY'ITO THE VOTERS. AN ORDINANCE TO GIVE THE PEOPLE OF COSTA MESA A VOTE TO DETERMI'NC WHAT SI NI'FICANT CIIANOES TO FAIRVIEWPARKikk'1AY B MAIDS. _<�1 n y. The proposed ordinance reads as follows: UD The people of Costa. Mesa declare the folltitving: . f1'I x Fr 1, Parks, wildlife habitat, and opon•spaoe lands are vital to maintaining the quality life in Costa Mesa. As the City's population incrcases,.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. FairvicwPark is a unique recreational resource. and should be preserved and restored as such, in petpettuity, for the public to enjoy, 4. The intent of the City of Costa Mesa in its purchase of Fairview Pack as documented in the I986 purchase agreement and grant deed, and demonstrated by the development and implementation of the Fairview Park MasterPlan was to preserve and protect the last of Costa Mesa's natural open space. >. There is a need to protect Fairview Park Brom alterations that reduce the tangible and intangible benefits to the public while visiting and exploring .this natural„ open space, 6. Fairview Pork is a passive use park, developed to promote activit'i'es such as walking, Inking, jogging, running, bicycling, glider flying, kite flying, dog walking, pit. -nicking, -small group physical activities and si'ntilar-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, Vairview Park provides essential habitat for species of special. significance, someofwhich are federally protected Species which are in danger of extinction, The Park contains plants And animals, archeologloally sensitive sites, and extremely mare veinal pools which treed to be protected for future generations, 9, Once a change is instituted, read the natural land is-unnpiarrally altered, it will bo. lost for future generations. Page 1 o1'6 I 0, The registered voters of Costa Mesa should have the right to decide whether a change in Fairview Park as previously or currently proposed, but riot constricted, should be allowed. N0W, TPIEREF0RE, THE PEOPLF, OF TI -fl( CITY OF COSTA M% 8A DO ORDAIN AS FOLLOWS;. Code.Amendment. This Qxdinartcc is added -to and arnends 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 isto: A. Deep Fairview Park as a natural and open space as documented in the Fairview Park Master Plan as defined below. D. Give the citizens of Costa Mosa.a voice in determining whether the development of a project beyond the As Built condition of Fairview Park':slwll be allowed or:not. c. Ensure that the Costa Mesa officials providetimel;y, 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. acourate.environmcntal and relevant information needed to cast an informed vote on any such proposed development or change. Sec. -3. Definitions. The defuxitionssctforth inthis sectzonapplytothe 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, of ii, expansion of current amenities, or iii, addition of new.smenities, or iv. expanafouofpark hours, or V,. grading, or vi. e:epa1810n of, any parking tot's footprint, or vii laying of foundations, or Viii. building ofperrnancnt Structures; or, ik installation of water, electric, gas, or server lines or..d'elivery .,systems, or X. installation of additidivillighting,or, xi. alterations that use geotechnical, or.structural. analyses. 2.. The following shall not be considered a "Signaifiaant Change" snider tlus>ordinance; i, installation OftraSh cans, park benches, picnic tables, or, il. installation of a concrete pad applied to any such trash caws, park benches, or picnic tables, used to provide Paige 2 of 6. stability and/ or theft deterrence, so long as the upper sud'ace area ofsuchpad does not substantially exceed the Outer footprint dimensions ofsaid trash can, park bench or picnic table, or, ill. installation of ADA compliant rest areas along existing Trails and any level concrote pads rieedcd:for those rest area as long as the coverage area: of those concrete pads are not in excess of the minitnurn required dimensions for ADA. compliance and are spaced from other such pails a minimum of one hundred (100) linear feet or per ADA required spacing intervals. B "A.s-Built Cenditlon'" means the amenities aztd alterations that have been built in Fairview Park as of the effective date of this ordinance. C. "FO view Pa:rle' means that area as defined by the City of Costa Mesa in the November 2008 Fairview Park lVl&ster Plan; encompassing all parts of the park area designated as "Fah�view 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 u. "Fah -view Park Muster Plan" uxeans the document and its amendmentsapproved by the City of Costa Mesa to guide the continuing and future alterations to Fairview Park that have been in effect since November 2008, .L. "Preservation" or "Preservation efforts" zueaus 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; a rohaeological sites, habitat or biological resources; including installation of protectivefeneing. F. "I2estoratlon" means any act or activity whose purpose is to restore any part of Fairvi w Park to its natural°no i-daveioped state, Those activities cotild include; the removal ofnon-native or invasiveplants, 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 Dow oi'water in support of endangered species of plants or animals and the habitat that supports their swvival. 0. "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 aetivitles would Include, but are not limited to: mowing ofturf painting, replacement of broken lights and bulbs', repair of restroom facilities, rehabilitation and restripitlg of.existing Page 3 of6 roads grad, parking lots, repair of any existing Structures,and n-asintenance of existing paths oz trails to allow safe access and use by emergency response vehicles. H, "Natural Lauds" means an areaof 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, anti whiehhas valuable wildlife, scenic,. open -space, or park resources, or a combination thereof,. or 2. meets the definition of open -space land in Section 65560of the California State Government' Code, .N, "Park" means a tract of land with outstanding scenic; natural, open- spabe, or recreational aspects, set apart to conserve natural, scenic, cultural, or ecological.re.sources for present and future gQncrations; 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 raid 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 9, curbs -constructed of concrete or asphalt, or 4. lamp stands or.,poles, or 5. pergolas, or gazebos, or S. paskinglots, 7. retaining wvalls, or a, microwave or communication towers. Sec. -4. 1:ffective Dnte, Applieubility. A. This ordinance shall be binding and effective as of the earlrest date allowed by law (the "'Effective Date"}; .At its first public rizeoting 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,electionsof tial of Costa Mesa.shall cause a copy of the cornplete text of the adopted measure to be filed with the Secretary of State pursuant to Govornment Code Sections. 34459 and 34460. B. Pursuant to Flections Code Section 9205, all alterations to Fairview Park atler notice ofintention to circulate the initiative petition adding this ordinande to the City Mniaicipal Code shall be, subject to the Page 4 of 6 provisions of this ordinance. Sec.,__5. Vote of the Costa Mesa Ti,leetorate on any altet•atibn to Fairview Nrk. A. Any Significant Change, except those listed in Sac. 6 below, to Fairview Park shall be put a vote of the Costa Mesa Electorate, provided, however, that no suoh Significant Change shall be subinitted 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, D. 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 mariner 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. Tlxe 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, Ail 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 oleetion. to approve or deny said change. c.', The popular vote req fired by this ordinance shall be in addition to all other applicable review and approval requirements for such Significant Change, including environxnemal review in compliazce with the California Bnvirorimental Quality Act ("CEQA"). Sec. _6. Exceptions. A. This ordinance shall not apply to any Significant Changes to Fairview Parkthat are made for; 1., restoration purposes, ori 2. preservation purposes, or; 3`, mainteriance puipose:s; or; 4, public safety, or; 5. to expand tho size of Fairview'Park, such as by City acquisition ofhulds currently contained in Talbert.Park; or G. Significant Changos:as directed it) the Fairview Park Master Plan, that is in effect as of Sanuary 1, 2015,,as longasthat direction does not require the construction of any permanent structure. page 5 of 0 13• 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 oCthis ordinance shall supersede any other conflicting provision, Sea__,.11. Amendments, No provision of this ordinance may amended or repealed except by a vote of the People ofCostaMesa. See, -1. Judicial Rnforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this crdinanea or to enforce: the duties .imposed on Costa Mesa by this ordinance:. Sec., ] 0. Construction. This ordinance shall be liberally construed to accomplish its puiposes..Nothing herein shall be construed to make illegal any lawful use being zaade of any land in accordance with the Fairview lark Master Plan and City.land use and zoning regulations irz:ferce before the effective slate of tkii's ordiiiance, or to prohibit any activities required by State on Federal Law. Sea _ 71. Consistency with 0(her Ballot Me assures, if another ballot measure is placed on the same ballot as this rnerisure and deals with the sane 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 confliot. In tbe.evcnt of a direct conflict, the measure which obtained more votes will control as to the directly conflictingprovislons only, The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure; See. -1.2. 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 votersdeclare that they would have passcd all sections subdivisions, clauses, sentences, phrases and portions of this ordinance without the seotion, 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 requiting from any natural cause beyond:the control of -the CLL. , including without limitation, fire, flood.; storra and earth movement, Sec, -14, Prohibited Uses. Any activity or rise of Fairview park inconsistent -with the purpose of this ordinance is prohibited. .Yana 6 of 6