Rigonomics:

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.

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.

All three attorneys did agree that a vote of the people would mean nothing until the property is sold, but that is the same for the specific plan that Potter said was a good idea.

As expected, the council members all gave their verbal support to keep the fairgrounds as-is with a specific plan and voted the same. But until they put it on the ballot, their support is only words. Like I said at the last council meeting, I trust their intentions, but right now we need action.

The council needs to make a loud and clear statement to the development community to back off and stand down. This city will never allow this property to be subdivided up and sold off. The only way the council can do that is put it on the ballot for a vote of the people.

The clock is ticking. If the council does not act quickly, the citizens will have no choice but to start the initiative process. The process of qualifying a ballot initiative takes thousands of signatures; that means a lot of time, effort and money.

The next City Council meeting is Nov. 3. That should be more than enough time for the city attorney to make his recommendation and the council to act. If not, the Save the Fair effort will turn in the documentation to the city clerk to get this on the June ballot. But, to me, it just doesn’t seem to make sense that the citizens would have to go through so much effort to protect the fairgrounds, when the council could put it on the ballot in 10 seconds.

Please show up at the Nov. 3 meeting, if the fairgrounds are important to you. And, once again, if you want to keep involved with our efforts, go to www.savethefair.com.

JIM RIGHEIMER is a Costa Mesa planning commissioner, local business owner and a father of four. He can be reached at [email protected].