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HomeMy WebLinkAbout15 - Greenlight Guildelines Working GroupCITY 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 #ICJ 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. DISCUSSION 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 Authoritv 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 vears ") 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. W004VAI� Homer BluAu City lytanager Robert Burnham City Attorney 11/27/ 2000 14:20 7/45533512 November 27, 2000 BIA CC PAGE 01 n 00 111 1 P 2 :38 Bill Mayor and City Council' il'n'`' if 82000410 HOMES City of Newport Beach Orange County 3300 Newport Blvd. Chapter Newport Beach, CA 92663 -3884 COMMUNinEs P.O. Box 1768 "RECEIVED AFTER AGENDA, Bedding Irdubtry ie: Assoc:nn Newport Beach, CA 92658 -8915 PRINTED:" 4P15 11 2 of Southern Cahfomm VIA FACSIMILE: (949) 644 -3039 9 e Circle 00 suite 1 100 We have an obviously vital interest in the drafting and implementation of Irvine, C4fornia 92614 Re: General Plan and Greeniight Initiative 949553.9500 in the City we welcome the opportunity to be involved in public policy faz 949.553.9507 formation with other Civic interests. We believe the voice of A950CATE VICE E91Df \• Dear Mayor Noyes and Council Members: .AER PFARCE LAD PEARCE a ASSOCIATES On behalf of the Building Industry Association of Southern California, FFREV PQCST07 Orange County Chapter (BIA/OC), I am writing on behalf of more than if 82000410 HOMES 1,000 member companies representing over 65,000 employees to 1ST VICE PRESIDEN- formerly request that a representative of the BIA/OC be included as an STEVE CAMERON FIELDSTONE COMMUNinEs official member on the City's General Plan ad hoc Committee, and any I advisory committee that may be formed to make recommendations 2ND VICE PRESIDENT L: FOG :.OMB concerning implementation of the Greenlight Initiative. JOHN LAING HOVES iREASURFR We have an obviously vital interest in the drafting and implementation of FRIC wR1ENBfRG any regulations concerning private property. As long time stake holders I SECRETARY GORDCN CRAG in the City we welcome the opportunity to be involved in public policy MONARCH COMMUNI• FS formation with other Civic interests. We believe the voice of A950CATE VICE E91Df \• property owners should be represented in any major public forum. .AER PFARCE LAD PEARCE a ASSOCIATES .MEMBER-hT -LARGE We welcome the opportunity to join with other civic interests and City DAVE `OLGAN hC55AMAN. G'J:4NE7 government in constructive debate concerning land use and regulatory zNDZ &EE:;Or, LLP reform. MEMBER-AT-LARGE GERALD GATES BEATER rIOME3 Yours truly, TRADE CONMACIORS At..JANCE PRESIDENT T-OMAS STEELE •. J /.r�'�/ ON HARDWOOD D CREATIONS F IMMEDIATE PAST PRESIDENT Christine Diemer Iger, Esq. GREG CVRRENS Chief Executive Officer AMHC CORK CHIEF E%ECLI OFFICER CHRISTINE D,EnER IGER. ESQ cc: Homer Bludau, City Manager BIA/OC Board of Directors 1 Ap Affihale of the National Aesoc;ation of Ho,&G A. lde,c i and the California Building fnd"Ui, Aawoatlon