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November 8, 2016 — Elección General de California
Local

City of Indian Wells
Measure H - Majority Approval Required

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Resultados electorales

Se aprueba

1,552 votos si (67.89%)

734 votos no (32.11%)

100% de distritos activos (4/4).

2,286 boletas electorales serán contadas.

Shall Section 2.08.180 be added to the Indian Wells Municipal Code to prohibit the City Council from taking any action to approve the establishment, development or installation of all or any part of the Coachella Valley Association of Governments' "CV Link" Project within the City, unless approved by a majority of City voters?

¿Qué es esta propuesta?

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

Análisis del analista legislativo / Proposal

City Attorney for Indian Wells

(CVAG “CV Link” Project — Voter Approval Measure)

By adopting Resolution 2016-16 on May 19, 2016, the Indian Wells City Council placed Measure “H” on the November 8, 2016 ballot. Measure “H” would require majority voter approval prior to any development of the “CV Link” Project (described below) within City limits.

The Coachella Valley Association of Governments (CVAG) is the regional planning agency consisting of Riverside County, Coachella Valley cities and tribal governments (of which Indian Wells is a member), which addresses, among other things, regional transportation issues in Central and Eastern Riverside County. CVAG has proposed the development of “CV Link”, an alternative transportation roadway for bicycles, pedestrians, and low-speed electric vehicles (including golf carts and neighborhood electric vehicles). Phase 1 of “CV Link” is projected to span approximately 50 miles and run across nine Coachella Valley cities and three tribal governments, including the City of Indian Wells. approximately 3.5 miles of the project is planned to traverse Indian Wells City limits. Phases 2 and 3 are also proposed which would ultimately extend the “CV Link” project to a total of 88 miles. A map of the projected route may be accessed at http://www.coachellavalleylink.com.

According to CVAG’s 2016 Master Plan, Phase 1 is projected to cost $100,000,000 to construct. While CVAG has secured $75,000,000 in funding from various agencies and organizations (including $20,000,000 from CVAG itself,  $17,400,000 from AQMD, and $12,600,000 from the Federal Government), the funding source for the remaining $25,000,000 in costs is not known at this time. No cost estimates are yet available for Phases 2 and 3.

Operations and maintenance costs for Phase 1 are projected to be between $535,000 and $1,600,000 annually. A funding source for operations and maintenance has not been determined at this time, and will be decided at a later date by the CVAG executive committee. It is not known at this time what share of construction, operations or maintenance costs would be specifically allocated to the City of Indian Wells.

If CVAG were to develop any portion of the “CV Link” Project in the City of Indian Wells, City approval would typically be required (usually through the City Council).

Measure “H” would add Section 2.08.180 to the Indian Wells Municipal Code, in order to require majority voter approval before the City Council could approve the development or installation of any portion of the “CV Link” Project within Indian Wells City limits. Voter approval would not be required if the City only provides financial or other assistance to the “CV Link” Project, provided none of the Project is developed or installed within City limits.

A “yes” vote on Measure “H” will authorize the amendments to the City’s Municipal Code as described above.

A “no” vote on Measure “H” will not authorize the amendments to the City’s Municipal Code as described above.

The above statement is an impartial analysis of Measure “H” If you desire a copy of the Measure, please call the elections official’s office at (760) 346-2489 and a copy will be mailed at no cost to you.

BY: STEPHEN P. DEITSCH, CITY ATTORNEY

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

The effect of Measure H, if it passes, is that before a future Council could overturn the current Council’s decision to ban CV Link from traversing our golf course or highway 111, or approve any other route within the City of Indian Wells, any change would first require an affirmative majority vote of our residents.

We must send a clear message of where the residents of Indian Wells stand. CV Link is a 50 mile, 28 foot wide path/roadway for slow speed electric vehicles, bicycles and pedestrians running from Palm Springs to Coachella and beyond. It is a massive project currently projected to cost at least $100M to construct. Final construction costs will probably be significantly higher, and actual maintenance costs, projected at between $800K - $1.6M annually, are unknown.

A project of this magnitude will not only have a significant impact on the environment and aesthetics of our beautiful city but could also affect the city financially for years in the future.

Ask yourself the following questions:

Do you want an elevated path/roadway traversing our premier golf courses — obstructing our incredible views and creating noise?

Do you want to assume liability for potential accidents involving electric vehicles, bicyclists and pedestrians?

Do you favor any portion of funds earmarked for the maintenance and repair of existing roadways (Measure A funds) being used to construct or maintain the CV Link?

Do you want a future City Council to be able to unilaterally change the decision of the current Council?

If you answered NO to any of these questions, you should vote YES on Measure H.

By voting YES in favor of this measure, no future council can arbitrarily approve CV Link without first getting the approval of a majority of Indian Wells voters.

We recommend a YES vote on Measure H.

By:  Ted Mertens, Council Member
       Edward Ty Peabody, City Council
       Richard Balocco, Councilmember
       Douglas H. Hanson, Council Member

— Riverside County Registrar of Voters

Argumento EN CONTRA

We all want local control over how CV Link impacts our quality of life in Indian Wells — but Measure H is not the answer.

Please join your neighbors in voting NO on Measure H. Whether you like CV Link or think CV Link is a bad fit for Indian Wells — your vote should be the same.

If passed, Measure H will strip away our City Council’s ability to decide if CV Link goes through Indian Wells.

And even worse — Measure H makes it unclear where CV Link will go in our community. The CV Link route will be an uncertainty.

Think about that.

Measure H also dictates that we will need another costly election to undo any harm caused by this misguided measure That is not what any of us truly want for Indian Wells.

Measure H means making bad decisions permanent mistakes.

Please, protect the controls that Indian Wells residents and the Indian Wells City Council have to decide what is best for Indian Wells.

Don’t let misguided thinking lead to unintended consequences.

Don’t let Measure H take away our ability to protect local property rights.

Don’t let some future decision allow CV Link to slice through our golf courses.

Protect our quietest neighborhoods from being selected as the CV Link route.

Don’t give away our current powers to protect residents from uncontrolled costs and unforeseen liabilities.

Measure H is wrong for Indian Wells.

Vote NO on Measure H.

By:  RICHARD R. OLIPHANT - Former Indian Wells Mayor
       JOHN P. POWELL, JR — President, Peter Rabbit Farms
       WILLIAM T. POWERS - Former Indian Wells Mayor Pro Tem
       THOMAS R. SALTARELLI - Co-Author, Protect Hwy 111 Initiative(2014)
       SAM SPINELLO — President, Spinello Companies, Inc.

— Riverside County Registrar of Voters

Refutación al argumento A FAVOR

We are allowed 250 words for this statement. But the truth is, the overwhelming reasons for voting NO on Measure H can be presented in far fewer words.

In deciding your vote on Measure H, your choice is really very simple.

Whether you like CV Link, or not, your vote should be the same — NO on Measure H.

Because Measure H eliminates our City Council’s power to protect Indian Wells property rights, home values and quality of life.

Don’t be fooled by Measure H and its proponents. 

Measure H does nothing to stop CV Link from cutting through our golf courses.

Measure H fails to safeguard our quietest neighborhoods.

Measure H can’t even protect our property values and our quality of life.

What Measure H does do is stop our elected City Councilmembers from protecting our community from some outsider’s scheme to force CV Link on Indian Wells.

Measure H also eliminates our right to a public hearing and community input on whether we want CV Link or where it should go.

Don’t be confused by the proponents’ hard sell job on Measure H.

Measure H is a bad deal for Indian Wells and a bad deal for Indian Wells residents.

Please join your neighbors in voting NO on Measure H.

 

By:  Susan Sauerbrey, Indian Wells Colony Cove resident
       Dodi Henry, Indian Wells resident and business owner
       Kevin Henry, Indian Wells resident and business owner

— Riverside County Registrar of Voters

Refutación al argumento EN CONTRA

The opponents of Measure H would have you believe that, if approved; local rights and protection of property would be eliminated regarding CV Link. Measure H safeguards these rights.

If approved, Measure H would place absolute control with Indian Wells residents as to whether or not CV Link could be constructed within the City.

Measure H has nothing to do with costs and liabilities. It concerns only the construction of any part of CV Link within the City. Measure H protects our golf course and Highway 111 from any intrusion by CV Link unless approved by voters.

Approval of Measure H would:

Assure that no future City Council can approve the construction of CV Link in the City of Indian Wells without voter approval.

Make it clear that residents will determine what route, if any, CV Link would go through Indian Wells. There is no uncertainty or ambiguity.

Ensure that residents will decide if CV Link is best for the City.

Enhance the ability of residents to protect local property rights.

Allow for a vote at any general election or special election.

Don’t be deceived by specious arguments. YES on Measure H will give control to residents to determine whether or not a major project of this magnitude can be approved for construction within the City of Indian Wells.

In 2014, voters approved Measure Q requiring voter approval for widening of Hwy. 111. Measure H will give residents the same say.

By:  Ted Mertens, Council Member
       Edward Ty Peabody
       Richard Balocco

— Riverside County Registrar of Voters
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