HomeMy WebLinkAbout30 - Greenlight Guidelines and Working Group9
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CITY OF NEWPORT BEACH
TO: Mayor & Members of the City Council
FROM: Homer Bludau, City Manager
Robert H. Burnham, City Attorney
RE: Greenlight Guidelines
Working Group
DATE: November 28, 2000
A. BACKGROUND
Agenda Item # 16'
On November 14, 2000, the City Council asked staff to present a report at the November
28, 2000 meeting "regarding the guidelines for implementation" of Greenlight (Measure S)
and the "composition of an ad hoc committee" that would make recommendations to the
City Council. The Council indicated that appointments to the ad hoc committee would be
made at the December 12, 2000 meeting.
B.
Greenlight
According to the text of Greenlight, the "city council is encouraged to adopt
guidelines to implement' the measure. The guidelines must be consistent with
purpose and intent of the measure and may be adopted only after public notice
and hearing. The measure requires that the guidelines be approved by "not less
than six affirmative votes of members of the City Council."
2. General Authority
The City Council would have the authority to adopt guidelines to implement, or
address any ambiguity in, Greenlight even in the absence of any specific provision
to that effect -in the measure. Administrative or interpretive guidelines are always
required to be consistent with the intent of the voters who enacted the measure.
The intent of the voters is generally determined by reference to the text, purpose
and context of the measure. However, the courts have also looked to the ballot
arguments and the impartial analysis for guidance in discerning voter intent.
Statements or opinions of the proponents or those who drafted the measure are
generally not considered because "there is no necessary correlation between what
the drafter understood... and what the voters enacting the measure understood it
to mean." (Hodges v. Superior Court (1999) 21 Cal.4' 109)
3. Guideline Topics
The potential subjects for guidelines include the definition of terms and the
clarification of certain ambiguities. Staff has identified certain terms — such as
"floor area" and "peak hour trips" - that should be defined so that property owners
will know if voter approval may be required of a project. Greenlight also has at
least one phrase (the provision that adds increases from the current amendment to
"eighty percent of the increases from other amendments... adopted within the
preceding ten years") that is subject to more than one interpretation.
4. Guideline Working Group
The City Council asked staff to make suggestions as to the make -up of a working
group that would evaluate Greenlight and make recommendations on guidelines to
the City Council. Staff ,suggests that the working group include two members of
the City Council and representatives from the Planning Commission, the
Environmental Quality Affairs Committee, the Economic Development Committee,
the Aviation Committee and the proponents of the measure. Staff would be a
resource to the working group.
3. RECOMMENDATIONS.
Staff recommends the City Council consider this report and schedule further
discussion and possible appointment of working group members at the December
12, 2000 meeting.
?�LX094%__ •
Homer Blu u
City Hager
Robert Burnham
City Attorney
0
11!2 7 ._'c 2r] =39512
November 27, 2000
Mayor and City Councir.
City of Newport Beach
3300. Newport Blvd.
Newport.Beach, CA 92663 -3884
P,0.13ox 1768
Newport.Beach, CA 92658 -8.915
VIA FACSIMILE;. .(949) 644 -3039
PAGE 61
orange Chapter
COUnly
„RECEIVED AFTER AGE 0 B„ ilding Industry Association
PRINTED :" #!5 I I, 2 of Southern CxliforI
9 Executive Circle
Suite lU0
Irvine, CRlifomiu 9261¢
Re: General Plan and Gree (light Initiative 9 0.55a.95oo
Is: 949.553.9507
ht1p:1 /vrww,biaec: org
Dear Mayor Noyes and Council Members:
On behalf of the Building lndustry.As,sooiation of Southern California,
Orange County Chapter (.BIA/OC); I am writing on behalf of more than
1,000 member: companies representing over 65,000 employees to
formerly request that a representative of the BIA/OC be included as an
official member on the City's General Plan ad hoc Committee, and any
advisory.committee that may be formed to make recommendations
concerning implementation of the Greenlight Initiative.
We have an obviously vital interest in the drafting and implementation of
any regulations concerning private property. As long time stake holders .
in the City we welcome the opportunity to be involved in public policy
formation with other civic interests. We believe the voice of.property
owners should be represented in any major public forum.
We welcome the opportunity to join with other civic interests and City
government in constructive debate concerning land use and regulatory
reform.
Yours truly;
Christine Diemer lger, Esq.
Chief. Executive Officer
cc: homer Bludau, .City Manager
PIA/0C Board of Directors
PRESIDENT
JEEFREV PROSTOR
BROOKFIELP HOMES
TST VICE.PRESIDENT
STEVE CAMERON
PIELDSTONE COMMUNITIES
2ND VICE PRESIDENT
U SDGCOMS'
JOHN LAING HOMES
TREASURER
ERIC WTrTENBfRG
SECRETARY
CORDON CRAIG
MONARCH COMMUNITIES
A380CIATE VICE PRESIDENT
LAER PEARCE
LAER PEARCE S, ASSOCIATES
MEMBER- A&tARGE
DAVE COLGAN
NOSSAMAN, GVTHNER
KNOX 0 ELLIOTT L P
MEMBER -AT -LARGE
GERALD GATES
BEAZER HOMES'
TRADE CON TRACTOR$ ALLIANCE
VICE PRESIDENT
THOMAS STEELE
HARDWOOD CREATIONS
IMMEDIATE PAST PRESIDENT
GREG CURRENS
AMHC CORK
CHIEF EXECUTIVE OFFICER
:CHRISTINE DIEMER IGER. ESQ