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Rigonomics:

Council must put fair zone on ballot

October 23, 2009|By Jim Righeimer

The Costa Mesa City Council voted to go forward on creating a specific plan to put guidelines around the design, layout and uses at the Orange County Fairgrounds that would take effect when California sells the property.

As it sits now, the city has little, if any, control on the property because it is owned by the state. But of course we all know that it will not be owned by the state come this time next year. Hence the council’s action to have a specific plan in place for that eventuality.

If we do not lock down the zoning with a vote of the people, it will take three votes on the council to change the zoning. And, before you know it, the fairgrounds will be Costa Mesa’s new urban village complete with a Starbucks, Pottery Barn and office tower.

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Several large land developers are already circling this property like sharks waiting to divvy up the carcass. They need a clear signal from the council that this will never happen. Unfortunately, that is not what happened at the last council meeting.

Instead, we found out that Councilman Gary Monahan had asked the city attorney’s office in June “to prepare something to lock up the zoning with a vote of the people” and nothing has since been done. On top of that, Assistant City Atty. Harold Potter opined that he did not think it was a good idea to put it to a vote of the public. Really.

So here is what we now know. In June, Monahan asked for a legal opinion on how the city could go about doing a vote of the people to lock in the zoning for the fairgrounds. Now we hear that not only was nothing done, the lawyer who works for a legal firm and acts as the assistant city attorney says, “I can’t imagine any legal basis for a vote (of the public).”

Just so I get this straight — a councilman asks for advice on locking the zoning in with a vote of the people four months ago, and the reason nothing is done is because the assistant city attorney does not think there is a “legal basis for a vote”?

The City Council needs to remind the city attorney’s office that when they ask for something, especially something this important, they need to get it; simple as that.

I checked with three separate land-use attorneys on the issue and all three completely disagreed with Potter’s legal assessment.

In fact, one said that land-use initiatives are put on the ballot all the time. Does anyone remember El Toro? That airport land-use issue was on the ballot three times.

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