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League of Women Voters of California Education Fund
San Mateo County Libraries Voter Guide@SMCLibraries
November 8, 2016 — Elección General de California
Local

City of Costa Mesa
Measure AA Ordinance - Majority Approval Required

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Resultados electorales

Se aprueba

27,098 votos si (70.9%)

11,149 votos no (29.1%)

100% de distritos activos (66/66).

Shall an ordinance requiring voter approval for 1) construction of playgrounds, athletic fields, platforms/retaining walls for vista overlook, stairways to provide access to bluffs, new restrooms, parking lots, 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?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

A “Yes” vote is a vote to require certain changes in use at Fairview Park, as defined in the ordinance, including 1) construction of playgrounds, athletic fields, platforms/ retaining walls for vista overlook, stairways to provide access to bluffs, new restrooms, parking lots, 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 be subject to voter approval.

Un voto por el NO significa

A “No” vote is a vote to continue implementing the existing Fairview Park Master Plan. 

Antecedentes

No document was submitted.

Análisis del analista legislativo / Proposal

Orange County Registrar of Voters

Measure AA, known as “An Initiative Requiring Changes in Use at Fairview Park be Subject to Voter Approval,” (“Measure”) would amend the Costa Mesa
Municipal Code to require certain changes to Fairview Park, as defined, be subject to voter approval.

If adopted, the Measure would prohibit the following facilities currently authorized under the Fairview Park Master Plan from being constructed without first obtaining voter approval:
• To the east of Placentia Avenue, platforms and retaining walls for vista overlook area; a museum and/or multipurpose building; two paved parking lots to accommodate a total of 131 cars; and a playground.
• To the west of Placentia Avenue, covered picnic areas; a bus turnaround; stairs to allow bluff access; grading bluffs to prevent erosion; new restrooms; playground; and boardwalk and pedestrian bridge on new trail.
Other facilities or activities that would be prohibited unless approved by the voters include completing structures that were under construction when the initiative became effective; installation of concrete curbs; expansion of existing buildings; installation of additional lighting; expanding park hours; new trails not currently listed in the Fairview Park Master Plan; installation of water, electric, gas or sewer lines; expansion of parking lots; construction of retaining walls; an increase in the number of community events such as concerts-in-the-park, seasonal festivals or races; increased staffing to facilitate a greater number of park visitors; installation of pergolas and/or gazebos; and rest areas along trails that are larger than the minimum required by law, or are within 100 feet of one another.
The Measure would not require voter approval for habitat restoration, preservation, maintenance, public safety, expanding Fairview Park’s size, improvements pursuant to the Fairview Park Master Plan which do not require installing permanent structures, and “significant changes” approved and built before the Measure’s effective date.
The Measure requires specific information in any sample ballot measure mailed to voters prior to an election proposing any change at Fairview Park.
The voter approval requirements are in addition to all other City review and approval requirements including review under the California Environmental Quality Act that may be applicable to the specific change. The change cannot be submitted to the voters until it has first been approved by the appropriate governing body. Any amendment or repeal of the ordinance must be approved by a vote of the electorate.
This Measure was placed on the ballot by a petition signed by the requisite number of voters.
The above statement is an impartial analysis of Measure AA. If you desire a copy of the measure, please call the elections official’s office at 714-754-5225 and a copy will be mailed at no cost to you.

Efectos fiscales

No document was submitted.

Tax rate

No document was submitted.

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

Measure AA is about protecting Fairview Park for your children and their children. The park has been under attack for years by groups who want to take over portions of the park for their own interests. Measure AA keeps capricious choices of three council members from changing Fairview Park unless the people of Costa Mesa agree

The city dumped tons of dirt in a canyon providing habitat for endangered birds. Truckloads of gravel were dumped in rare, vernal wetlands, in clear violation of federal laws. None of this was given a public hearing. The decisions were made behind closed doors.

Measure AA is needed to protect the unique resources of Fairview Park, including the model railroad enjoyed by generations of children and families. 

Measure AA is needed to protect the unique resources of Fairview Park, including the model railroad enjoyed by generations of children and families. 

Costa Mesa taxpayers bought Fairview Park to head off Orange County’s plans for a more intensive, active use park. Measure AA guarantees that Fairview Park will remain a nature park unless you, the voter, decide to change it

Fairview Park provides a rare opportunity to “get away from it all” here in Costa Mesa—without getting on a freeway

Voter approval will not be needed for any changes required by the federal government for ADA compliance or for habitat restoration, maintenance, education, or safety

But Measure AA assures no major changes to Fairview Park will occur unless the citizens of Costa Mesa give their okay.

Measure AA ensures we won’t lose the beauty and quiet tranquility of this natural open space.

VOTE YES ON MEASURE AA

http://www.fairviewparkalliance.org

Fairview Park Preservation Alliance on Facebook.

s/ Richard Mehren President, Fairview Park Preservation Alliance

s/ Katrina Foley Member, Costa Mesa City Council Business Attorney

s/ Andy Campbell Geologist, Water Resources Planner

s/ Larry Courter Founder, Fairview Park Advocates

s/ Sandra Genis Member, Costa Mesa City Council Land Use Planner

 

— Orange County Registrar of Voters

Argumento EN CONTRA

Measure AA is a solution looking for a problem. It should be rejected, it’s a cynical political ploy.

After hundreds of hours of citizens’ involvement and numerous public meetings, the Fairview Master Plan was adopted.

It protects Fairview Park in its natural state and already forbids construction of baseball diamonds, football fields, and other physical improvements to the park.

Despite the existing ban on developing the park, the political opportunists in town are using Fairview Park as an election ploy to benefit their city council campaign.

When collecting signatures the supporters misled residents by telling them Measure AA would stop condo’s development at Fairview Park. There has never been a plan to develop anything at Fairview Park. That didn’t stop them from lying.

MEASURE AA LIKELY VIOLATES FEDERAL LAW

The Americans With Disabilities Act requires those with handicaps unfettered access public and private property, including parks.

We believe Measure AA violates the Americans With Disabilities Act and will be found unconstitutional, costing Costa Mesa’s taxpayers a bundle.

WHY DO THE SUPPORTERS WANT TO HURT THE HANDICAPPED?

Fairview Park is for everyone, not just the few that use it today. As written the measure’s supporters have foreclosed on the necessary public health facilities required for all segments of the population, including the handicapped. Bathroom remodeling, trails, picnic areas, and changes in hours of operation will require a citywide vote.

COULD COST US $800,000 IN OPEN SPACE GRANTS

The City is in line for an $800,000 open space grant from the Orange County Transportation Authority. It likely will lose this grant because of this measure because it is earmarked for improving bicycle trails at Fairview Park. This improvement will require a citywide vote.

Vote No on Measure AA. It hurts the handicapped, likely violates Federal law, and costs us $800,000 in grant money.

s/ Jim Righeimer Mayor Pro Tem, City of Costa Mesa

s/ Gordon Bowley President, Costa Mesa United

s/ Ethan Temianka Vice President, Mesa Water District

s/ Brett Eckles Chairman, Parks & Recreation Commission

s/ Ron Amburgey Former Committee Member, Fairview Park Citizens Advisory Committee

 

— Orange County Registrar of Voters

Refutación al argumento A FAVOR

Dear Costa Mesa Resident,

My name is Scott Voigts.

Twelve years ago I was paralyzed in a construction accident.

Now I use a motorized wheel chair to get around. I have a loving wife and we are raising two wonderful teenage girls.

I don’t complain. I thank God every day that I am alive and can enjoy my family and the outdoors.

Fairview Park is a regional treasure but I’m concerned that Measure AA won’t allow for the necessary improvements to the park for the handicapped.

I am able to drive but need reasonable facilities like a parking lot and lights to enjoy the park that might be rejected under Measure AA.

Measure AA requires a public vote for basic improvement like trails or additional concerts in the park. Some of Fairview’s trails are too steep for wheel chairs or folks on crutches.

Basic facilities like handicapped restrooms might require a public vote before they’re constructed. Such a requirement could result in a lawsuit under the American’s With Disabilities Act.

I am a city councilman and know how expensive ADA lawsuits can be for the taxpayers.

I know the residents of Costa Mesa are compassionate people that would never do anything to hurt the handicapped. That’s why I don’t understand the goals of Measure AA.

I see a political motivation behind Measure AA not the preservation of Fairview Park.

Measure AA is mean spirited and could expose Costa Mesa to massive lawsuits.

Vote No.

Sincerely,

Scott Voigts

s/ James Righeimer Mayor Pro Tem, City of Costa Mesa

s/ Ethan Temianka Vice President, Mesa Water s/ Ron Amburgey Former Committee Member Fairview Park Citizens Advisory Committee

s/ Gordon Bowley President, Costa Mesa United

 

s/ Brett Eckles Chairman, Costa Mesa Parks and Recreation Commission

— Orange County Registrar of Voters

Refutación al argumento EN CONTRA

Measure AA is the only measure on this ballot guaranteeing that Fairview Park will be kept natural unless Costa Mesa voters decide otherwise.

It gives you, the Costa Mesa voter, the final voice on any significant change to Fairview Park.

Measure AA will protect the unique resources of Fairview Park, including endangered species and their habitat, cultural resources thousands of years old, and the only large open and natural space for miles around.

Measure AA :

• Is compliant with ADA

• Is Constitutional.

No agency has requested its grant money back because of Measure AA.

Don’t be misled by council majority propaganda. Check the facts yourself.

Measure AA allows, without a vote:

• Activities for restoration of habitat or amenities maintenance (Measure AA Section 6.A.1 through 3).

• Public safety improvements (Section 6.A.4).

• Improvements necessary for handicapped access (Section 3.A.2.iii)

• Any activities required by State or Federal Law (Section 10)

Measure AA will prevent, without a vote:

• Changes in the park that will irretrievably alter the character of Fairview Park.

• The type of damage inflicted on Fairview Park by city officials— damage that’s resulted in a Federal investigation.

• Athletic fields, golf facilities, roads through Fairview Park, rave festivals, and night lighting.

Don’t let the whims of a City Council (or Park Commission) majority dictate the future of Fairview Park.

Let’s make sure Fairview Park is truly the crown jewel of Costa Mesa, for now and for generations to come.

Vote Yes on Measure AA. It respects the handicapped, respects Federal law, and supports getting open space grants.

Learn more: http://www.fairviewparkalliance.org/ and https://www.facebook.com/groups/1626485264275535/.

s/ Kelley Sigel Educator - NMUSD s/ John Stephens Attorney/Business owner

s/ Jay Humphrey Former Costa Mesa City Council Member and Vice Mayor

s/ Terry Welsh Member, Save Banning Ranch

s/ Jack Ross Former Member, Costa Mesa Chamber of Commerce Board of Directors

— Orange County Registrar of Voters
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