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HomeMy WebLinkAbout- - Ballot Measure OCFEC Attachment I - 2/16/2010Attachment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA PROPOSING A MEASURE FOR THE SUBMISSION TO THE VOTERS OF A QUESTION WHETHER THE GENERAL PLAN DESIGNATION OF THE ORANGE COUNTY FAIR AND EVENT CENTER PROPERTY LOCATED AT 88 FAIR DRIVE, COSTA MESA, CALIFORNIA SHOULD BE APPROVED BY THE VOTERS AND SUBJECT TO CHANGE ONLY BY A VOTE OF THE PEOPLE WHEREAS, the City Council of the City of Costa Mesa, California, desires to submit to the voters of the City at a Special Municipal Election a proposed measure relating to the question whether the City's existing General Plan Designation for the Orange County Fair and Event Center property located at 88 Fair Drive, Costa Mesa, California should be approved by the voters, subject to change in the future only by a vote of the People of Costa Mesa; WHEREAS, California Elections Code Section 9222 provides as follows: "[t]he legislative body of the city may submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be repealed, amended, or enacted accordingly"; WHERAS, California Elections Code Section 9222 further provides that if the City Council of the City proposes an enactment of an ordinance to the City's electorate, the "proposition may be submitted, or a special election may be called for the purpose of voting on a proposition, by ordinance or resolution"; WHEREAS, submission of the determine whether or not they support designation for the Orange County Fair been reviewed for compliance with th (CEQA), the CEQA Guidelines, and the previously -certified General Plan Final result in any negative impact to the proposed ordinance to the voters to confirmation of the City's General Plan and Event Center is a project and has 3 California Environmental Quality Act City environmental procedures, and the EIR. The proposed ordinance will not environment as neither the proposed ordinance nor the voter's action on it will increase or decrease the types of uses or buildable space for the property from what currently exists, and is therefore determined to have no environmental impact. In addition, The General Plan Final Program Environmental Impact Report (Final EIR) was certified by City Council in January 2002. The OCFEC Master Plan Final EIR was certified by the 32nd District Agricultural Association in September 2003. These two environmental documents constitute the required environmental documentation for the confirmation of the adopted General Plan designation. Confirmation by the Voters of the General Plan designation for the Fair and Event Center property and requiring voter approval of Attachment 1 any future general plan amendment for this property is determined to be within the original scope of the General Plan Final EIR and OCFEC Master Plan EIR, and no additional environmental documentation is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS: SECTION 1. That a Measure be proposed to the voters of Costa Mesa on the following question: "Should an ordinance be adopted confirming the General Plan Designation for the Orange County Fair and Event Center as it is set forth in the General Plan as amended by GP -09-01 which amended the fairground land use designation in the Land Use Element of the 2000 General Plan to describe and maintain current fair and event uses on the site and requiring that further amendment be made only upon majority vote of the electorate." SECTION 2. This resolution and the proposed ordinance, attached as Exhibit A, including full text of the measure, attached as Exhibit B, shall be made available in print and for public examination by the City Clerk, in accordance with California Elections Code Sections 9223 and 9295. SECTION 3. The election upon which the voters are to vote on the Measure proposing the question of whether to confirm the general plan designation for the Orange County Fair and Event Center and making it subject to change only by a vote of the electorate is Tuesday, June 8, 2010, pursuant to a separate resolution of the City Council calling a Special Municipal Election for that purpose. SECTION 4. Should any section, subsection, clause or provision of this resolution for any reason be held to be invalid, then the remainder of the resolution shall be deemed valid, it being hereby expressly declared that this resolution, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this resolution were declared invalid. SECTION 5. Any legal action to challenge, test, or otherwise determine the validity of this resolution, or any portion thereof must be brought within sixty days of the effective date of this resolution, in accordance with the provisions of California Code of Civil Procedure Section 860 et seq., and Sections 860 and 863 in particular, or any shorter period of time provided by applicable law. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Attachment 1 PASSED, APPROVED and ADOPTED this 16th day of February, 2010. ATTEST: ALLAN MANSOOR Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA Attachment 1 STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution No. 10 --as considered at a regular meeting of said City Council held on the 16th day of February, 2010, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 16th day of February, 2010, by the following roll call vote: AYES: NOES: /_1:�y21►11 IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 16th day of February, 2010.