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HomeMy WebLinkAbout03-10-2000 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Special Meeting March 10, 2000 - 8:30 a.m. Present: Thomson, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: Glover(excused) CURRENT BUSINESS 1. REQUEST BY THE PROPONENTS OF THE GREENLIGHT INITIATIVE TO PLACE THE PROPOSED CHARTER AMENDMENT ON THE JUNE 6, 2000 BALLOT. City Attorney Burnham expressed the opinion that there is a serious risk of litigation if Council were to call a special election for June 6 since that date is not an established election date. However, there is a conflict in the Elections Code because an argument can be made that Council has the authority to call a special election on any date, but an argument can also be made to the contrary. He added that the Elections Code clearly indicates a • preference that special elections be conducted on established election dates. Regarding costs, City Manager Bludau indicated that City Clerk Harkless spoke with the Registrar of Voters office and was told that there would not be a cost savings if the City joined the school district on the June 6 ballot. Council Member Debay noted that the staff report indicates that the estimated cost to the City is between $1.50 to $2.00 per registered voter ($69,000 to $93,164 total). Mr. Burnham pointed out that the school district called this election pursuant to provisions in the Education Code that deal specifically with school bond measures, not the Elections Code which governs Council's actions with the exception of Charter provisions which is silent on the issue of special elections. He emphasized that the school district has special powers and rules that apply to school bond elections. In response to Mayor Pro Tem Adams' questions relative to the contract with John Douglas of The Planning Center, Mr. Bludau explained that Council discussed getting factual information to the public so that they can make up their own minds. He indicated that he met with Mr. Douglas who has started gathering data, but the work will not be completed for approximately six weeks. Tom Hyans, Greenlight initiative proponent/signatory, thanked Council for meeting this morning. He expressed the opinion that the only thing Council • has to consider outside of the legalities is the cost. He stated that he attended the Planning Commission meeting last night in which the Dunes project was discussed and that the Commissioners, who are experts, had Volume 53 - Page 225 INDEX Greenlight Initiative (39) City of Newport Beach Special Meeting Minutes March 10, 1999 • difficulty understanding the traffic analysis. He indicated that the proponents could use this time to clarify the confusion about the initiative, but believed that the proponents have some benefits over the developers because the developers have to deal with uncertainties about the initiative. He noted that voting on this issue soon also has its benefits. Dan Purcell, 600 Acacia Avenue, thanked everyone for coming today. He stated that he works with the Corona del Mar Residents Association but that he is speaking as an individual. He indicated that he would not like to see this issue be placed on the June 6 ballot because more dialogue needs to be established. He reported that Council Members O'Neil and Thomson attended the Association's meeting and believed that there is an opportunity to gauge what the public is doing and to assess what is occurring in the City and with the Planning Commission. He expressed the opinion that the initiative is an anti -City Council and Planning Commission approach at trying to make a voice. He believed that there are other ways to approach the issue of growth and traffic without resorting to these types of measures. He hoped that this issue remains on the November ballot. Richard Luehrs, CEO of the Newport Chamber of Commerce, stated that you do not have to be an expert on the Greenlight initiative to know that it is a complex issue that has very far - reaching implications. He indicated that the Chamber is continuing their analysis and, once completed, believes that it is very important to disclose the findings to the public. He pointed out that the • City only has about a 15 to 20 percent voter turnout during special elections, but can expect over 75 percent of the voters turning out during the presidential election in November. Mr. Luehrs stated that it makes sense to have the greatest number of residents weigh in on the issue and share their opinions, but that it does not make sense to force an issue in a shorter timeframe with fewer number of registered voters casting a vote. He urged Council to stay their course and leave the initiative on the November ballot. Allan Beek reported that Phil Arst, one of the proponents, is out of the State and cannot be here. Mr. Beek thanked Council for meeting this morning to consider the request. INDEX Council Member O'Neil noted that the City Attorney raised the question regarding the legality of placing this on the June 6 ballot; there is no cost savings to the City; the economic and financial analysis by Mr. Douglas is not ready at this time; the City does not know what impacts, if any, this would have on the school district's bond issue; it is very important to have a Citywide vote that obtains the greatest number of input from voters; and the proponents do not seem to have the enthusiasm to do this. He expressed the opinion that today's meeting is worthwhile and offers another opportunity to look at the Greenlight initiative, but that there does not seem to be any compelling reasons why Council would need to move the measure to the special election and that doing so would not be a prudent move at this time. Motion by Council Member O'Neil to deny the request and direct the • City Clerk to continue with the process for the placement of this Charter Amendment (the " Greenlight" initiative) on the ballot for the General Municipal Election to be held on November 7, 2000 as adopted by Resolution Volume 53 - Page 226 City of Newport Beach Special Meeting Minutes March 10, 1999 INDEX • No. 2000 -5 on January S, 2000. Council Member Ridgeway stated that his reasons for why he cannot support having this on a special election includes the cost; the small percentage of voter turnout for special elections; lack of information; and a need for more dialogue and debate. He pointed out that the Newport Center projects have been withdrawn and that the City is working with staff to move forward with a General Plan update for the land use and circulation elements. He emphasized that he will see to it that the General Plan update occurs to the best of his ability. He pointed out that the solution that the proponents requested the City do is moving forward and will continue to move forward. Regarding the school district bond, Council Member Ridgeway reported that he has been working hard over the last 4.5 years on this issue, helped form a foundation to raise money for Newport Elementary School, and begged the school district to move forward with a bond issue. He stated that he was disheartened and saddened that Proposition 26 lost, but emphasized that he will not do anything to interfere with the school bond issue and, therefore, will support the motion to deny a special election. Council Member Thomson requested and received clarification from Mr. Burnham that there was a chance that the results of the election could be invalidated if the City chose to have the election on June 6. He reported that Charter amendments and Charter amendment proposals differ from • almost every other type of measure that is considered by the voter. In response to Council Member Thomson's statement, Mr. Burnham expressed the opinion that it is not fair to say that an election can be held at anytime as long as the correct number of signatures is gathered and reiterated that the school district has special legislative authority to set school bond elections pursuant to provisions of the Education Code. Regarding setting a general plan amendment election next year in the event the Greenlight initiative is approved, Mr. Burnham indicated that the issue would not be a Charter amendment at that time but, in essence, just a vote that is required by the Charter. He reiterated that there is a strong indication in the Election Code that, because of the importance of Charter amendments, these elections should be set on established election dates with a preference to have elections in November the first Tuesday after the first Monday of even - numbered years. Council Member Debay indicated that she does not support moving the election to June because it is important to be educated and to wait for Mr. Douglas' research which will look at land use ramifications, economic impacts, and regional impacts on traffic. She pointed out that people look for alternative driving routes when morning traffic is at a standstill on the 405 Freeway and noted the impact this has on Pacific Coast Highway. She expressed hope that the City is counting the amount of cars that drive straight through the City without stopping. She indicated that she will be meeting with Mr. Douglas to ask him about some of the impacts that the region puts upon the City. In order to do all these things, she emphasized • that he will need time to complete the report and that Council will need time to digest and share the report with the citizens. Volume 53 - Page 227 • City of Newport Beach Special Meeting Minutes March 10, 1999 The motion carried by the following roll call vote: Ayes: Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: Thomson Abstain: None Absent: Glover Mr. Bludau clarified that Mr. Douglas' task is to look at the 49 statistical areas over the past 10 years to determine each of the area's traffic, housing, and square footage capacity. He added that the implications of the findings will have to come after the study is completed and clarified that Mr. Douglas is not going to make any inferences relative to the impacts of his study. His report will be the starting point and then the City will proceed from there. Mr. Bludau indicated that General Plan amendment approval dates can be included in the report, that the report will be placed on an agenda once completed, and the report will be made available to the public as soon as the staff report is available. PUBLIC COMMENTS -None ADJOURNMENT - 8:58 a.m. INDEX • The agenda for the Special Meeting was posted on March 9, 2000 at 7:50 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. • 4aws, l "`nom Recording Secretary Ma or Volume 53 - Page 228