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
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Bill
Mayor and City Council' il'n'`'
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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
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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