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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