HomeMy WebLinkAbout18 - Koll Office Site B GPA - Measure S Post Approval ReportCITY OF NEWPORT BEACH
�e�EWPORr
0 A PLANNING DEPARTMENT
f 330 NEWPORT BOULEVARD
6 SS
+� NEWPORT BEACH, CA 92658
(949) 644-32; FAX (949) 644-3250
Hearing Date:
Agenda Item:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Koll Office Site B GPA: Measure S Post Approval Report
July 24, 2001
18
Patrick J. Alford
(949) 644 -3235
SUMMARY: Determination of whether the Koll Office Site B General Plan
Amendment (GPA 97 -3 (B)) requires voter approval pursuant to
Section 423 of the Newport Beach City Charter.
ACTION: 1) Conduct public hearing;
2) Review the Final Report and determine if General Plan
Amendment No. 97 -3 (B) requires voter approval pursuant to
Section 423 of the Newport Beach City Charter;
3) Authorize the Mayor to execute the cost- sharing agreement
with the applicant (Koll Center Newport Number A); and
4) Direct the City Clerk's office to submit resolutions to the City
Council for consideration on August 14, 2001 that would call
the election on November 20, 2001.
Introduction
On June 26, 2001, the City Council approved GPA 97 -3 (B), which would amend the Land
Use Element of the General Plan to increase the square footage limit of Koll Center
Newport Office Site B by 250,000 square feet. City Council Policy A -18 (Measure S
Guidelines) requires that the City Council review an updated report on the amendment to
reflect the final City Council action (Final Report). Based on the Final Report, the
administrative record, and testimony, the City Council is required to determine if the
amendment requires voter approval.
Pursuant to Section 423 of the Newport Beach City Charter and City Council Policy A -18,
the City Council shall submit the amendment to the voters if:
1. The amendment relates to a non - residential use and authorizes an
increase in floor area that exceeds 40,000 square feet; or
2. The amendment relates to a residential use and authorizes an increase in
the number of dwelling units that exceeds 100 dwelling units; or
3. The amendment modifies the use to generate at least 101 more morning
or evening peak hour trips; or
4. The increase in morning or evening peak hour trips, dwelling units or floor
area resulting from the amendment when added to 80 percent of the
increases in morning or evening peak hour trips, dwelling units or floor
area resulting from prior amendments exceeds one or more of the above
thresholds.
Analysis
The Initial Report concluded that the amendment exceeds two of the four thresholds
that require voter approval pursuant to Section 423 of the Newport Beach City Charter
and City Council Policy A -18. First, the amendment would authorize an additional
250,000 square feet of floor area, which exceeds the 40,000 square foot threshold for
non - residential development intensity. Second, the amendment would allow land uses
with the potential to generate an additional 375 a.m. peak hour trips and 285 p.m. peak
hour trips, which exceeds the 100 peak hour trip threshold.
The final action by the City Council did not alter the conclusions of the Initial Report.
Therefore, the City Council is required to submit the amendment to the voters. The City
Council is required to adopt appropriate resolutions calling an election on the
amendment no more than sixty (60) days after making the determination. The election
must be held at the next regular municipal election or at a special election if the
applicant has entered into a written agreement with the City to share the costs of the
special election. The applicant has submitted letters (Exhibit 1) stating his willingness to
enter into a cost sharing agreement with the City to pay 100 percent of the costs of the
special election, with the exception of staff costs, and the City Attorney has prepared a
written agreement to that effect (see Exhibit 2). The applicant also is willing to agree to
deposit $25,000, as well as establish an account with a financial institution in an amount
not less than $50,000 to ensure compliance with the reimbursement obligations
contained in the cost - sharing agreement.
The applicant is requesting that the special election be held on Tuesday, November 20,
2001. The State Elections Code requires that special elections shall be held not less than
88 days nor more than 103 days after the date the City Council calls for the election.
Therefore, staff is recommending that the City Council adopt the resolutions on August
14, 2001 calling the election.
Recommendation
Staff recommends that City Council
1) Find that General Plan Amendment No. 97 -3 (B) requires voter approval
pursuant to Section 423 of the Newport Beach City Charter;
2) Authorize the Mayor to execute the cost - sharing agreement with the
applicant; and
3) Direct the City Clerk's office to submit resolutions to the City Council for
consideration on August 14, 2001 that would call the election on November
20, 2001.
Koll Office Site B GPA Final Report
July 24, 2001
Page 2
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits:
Prepared by:
PATRICK J. ALFORD
Senior Planner
G�6
1. Applicant's letters (3) regarding the election on the project.
2. Draft cost - sharing agreement.
Koll Office Site 6 GPA Final Report
July 24, 2001
Page 3
7� �iC1�T Date v `0
STARPOINTE Copies Sent To:
'nfRayor
VENTURES ,,Rfuum:i1 Member
>E rManager
July 11, 2001 '1-M o ney
City Council
City of Newport Beach
3300 Newport Boulevard
Newport Bcach, CA. 92660
RE: Koll Center Newport Number A
Dear Council Members:
RECEIVED
-01 JLL 13 AB '26
OFFICE Y FF NEWPORT BEACH
I understand that the Registrar of Voters has refused to set the election date on November
13, 2001, but indicated that November 20, 2001 would be acceptable. Please have the
election set on November 20, 2001.
Sincerely,
KOLLLL CENTER NEWPORT NUMBER A
k 1 \
Timothy L. Strader
TLS:mg
1900 Main Street, Suite 350, Irvine, California 92614
(949) 622 -0420 * Fax (949) 622 -0404 * www.svdevcom
*�T►�*� Date 7113
S`T7'�A JPOI 1 E Copi Sent TM
r E 1 MS /Lr��Cou dl Member
'Manager
�A ey
July 11, 2001 r7r
City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
RE: Koll Center Newport Number A
Dear Council Members:
RECEIVED
rot ,AA. 13 A 8 :26
OFFICE OF THE CITY CLERK
CITY OF NEIVPORT BEACH
Due to some obligations that have come up, we would like to propose the special election
be held on November 13, 2001.
We are willing to enter into a cost sharing agreement with the City to pay 100% of the
hard costs (not staff costs) for such election, and agree to deposit $25,000 with the
balance due upon receipt of an invoice from the County.
Very truly yours,
KQk OLL CENTER N PORT NUMBER A
Timothy L. Strader
TLS:mg
1900 Main Street, Smte 3509 Irvine, California 92614
(949) 622 -0420 * Fax (949) 622 -0404 * www,avdev corn
�+ Date n J
S j �O� Copies Sent TO:
VENTURES �ayor
1'�i i uAl:i 10'CouncilMember
m anger
July 5, 2001 J� "tt 9r eY
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City Council
City ofNCwport Beach.
3300 Newport Boulevard
Newport Beach, CA 92660
RE: Koll Center Newport Number A
Dear Council Members:
I have been in touch with the City Clerk, LaVonne Harkless, regarding a special election
for the Koll Center Newport General Plan Amendment. We understand that the planning
staff will be presenting the "post- approval report" as required by the existing Greenlight
policy at the July 24, 2001 City Council meeting.
If the Council decides that the project requires a vote, we are willing to enter into a cost
sharing agreement with the City to pay 100% of the hard costs (not staff costs) for such
election, and agree to deposit $25,000 with the balance due upon receipt of an invoice
from the County.
We would like to have the election set for Tuesday, November 20, 2001.
Very truly yours,
KOLL CENTER NEWPORT NUMBER A
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Timothy L. Strader
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1900 Main Street, Suite 350, Irvine, California 92614
(949) 622.0420 * Fax (949) 622 -0404 * www.svdev.com
COST SHARING AGREEMENT
This Cost Sharing Agreement (Agreement) entered into this 24th day of July 2001
between CITY OF NEWPORT BEACH (City) and KOLL CENTER NEWPORT
NUMBER A (Proponent) is made with reference to the following:
RECITALS
A. City is a charter city and municipal corporation that is duly organized and
validly existing under the Newport Beach City Charter (Charter) and the
laws and Constitution of the State of California.
B. In October, 1997, Proponent submitted an application for an amendment
of the Land Use Element of the Newport Beach General Plan (GPA 97-
3(B)) to increase, by 250,000 square feet, the amount of gross floor area
permitted on property known as Koll Center Newport Office Site B.
C. In June and July of 2001, the Newport Beach City Council approved GPA 97-
3(B) and related ordinances.
D. On July 24, 2001, the Newport Beach City Council determined that voter
approval of GPA 97 -3(B) was required pursuant to Section 423 of the City
Charter.
1
E. Section 423 of the City Charter and Council Policy A -18 authorize the City
Council to call a special election for a general plan amendment that requires
voter approval if the proponent and the City enter into a cost sharing agreement.
F. The Proponent has asked the City Council to schedule a special election on
GPA 97 -3(B) (Special Election) and has agreed to pay all of the "out of pocket"
costs the City incurs that are related to the Special Election.
G. The City Council, in reliance on Proponent's commitment to pay all "out of
pocket costs" related to the Special Election, has directed staff to prepare a
resolution calling a special election for GPA 97 -3(B).
H. City and Proponent are entering into this Agreement pursuant Section 423 of
the City Charter and this Agreement is contingent on the decision of the City
Council to call the Specal Election as well as the consent of the County to
conduct the Special Election.
NOW, THEREFORE, the Parties agree as follows:
1. TERM
This Agreement shall commence on the date the City Council calls the Special Election
(Effective Date) and shall terminate when Proponent has fully paid the costs of the
Special Election. Either Party shall have the right to terminate this Agreement if the
County refuses to agree to conduct the Special Election on the date specified in the City
Council resolution calling the Special Election.
7
2. DUTIES OF PROPONENT
Proponent shall do the following:
(a) Reimburse the City for all actual costs and expenses incurred by the City
relative to the Special Election. Proponent acknowledges that the City will
ask the County of Orange to conduct the Special Election and that the
costs and expenses of the Special Election are outside the control of the
City. Proponent shall not be required to reimburse the City for the work of
City staff including work performed by the City Clerk and the City Attorney.
Proponent shall reimburse City no later than 10 days after the date on
which City mails the request for reimbursement to Proponent.
(b) Deposit the sum of $25,000 with the City Clerk (reimbursement account)
as of the date this Agreement is executed by Proponent. The City Clerk
shall have the right to draw on the reimbursement account to pay any
costs related to the Special Election without mailing a request for
reimbursement pursuant to Subsection (a).
(c) Establish an account (in the form of a certificate of deposit or similar
instrument insured by FDIC or similar guarantor) with a financial institution
in an amount not less than $50,000 to ensure compliance with the
reimbursement obligations in this Agreement. The financial institution
shall be instructed to pay funds from this account to the City upon a
statement by the City Clerk that Proponent has failed to comply with the
provisions of Subsection (a). This account shall be established no later
than ten (10) days after the Effective Date of this Agreement. City shall
authorize release to Proponent of all funds in this account no later than ten
3
410) days after Proponent has fully complied with the reimbursement
obligations of this Agreement.
(d) Fully cooperate with the City in the conduct of the Special Election.
Proponent shall promptly submit all information, documents and material
requested by the City Clerk or City Attorney that are necessary or
appropriate for the preparation or publication of the ballot, sample ballot or
voter information material.
3. CITY DUTIES
City shall do the following:
(a) Provide the County with the information and documentation necessary to
conduct the Special Election.
(b) Reasonably cooperate with the County in the preparation for, and conduct
of, the Special Election.
(c) Submit a request for reimbursement to Proponent no later than five (5) days
after receipt of any bill or invoice related to the Special Election subject to
the right of the City Clerk to draw on the reimbursement account pursuant to
Subsection 3(b).
4. HOLD HARMLESS /NON- LIABILITY
(a) Proponent shall indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and
.against any and all loss, damages, liability, claims, litigation, or litigation
M
expenses arising out of, or in any way related to, the Special Election.
Proponent's obligations pursuant to this Subsection shall not extend to
any loss, claim, damage, liability, litigation or litigation expense that is
proximately caused by the sole negligence of, or willful misconduct or
violation of law by, the City and /or its officers or employees.
(b) In the event of litigation related to the Special Election, the City Council
may select legal counsel to represent the City and /or its officers,
employees and representatives. Proponent shall pay all reasonable
attorney fees and costs incurred by the City in any litigation arising out of
the Special Election and any award, including an award of attorney fees,
resulting from the litigation.
(c) City shall not be liable to Proponent in damages for any failure to perform
its duties or obligations pursuant to this Agreement (for purposes of this
Subsection only defined as a City Breach). Proponent acknowledges that
it would be impossible to determine if any City Breach damaged
Proponent or Proponent's ability to develop the Property in a manner
consistent with GPA 97 -3(B). Accordingly, the Parties agree that
Proponent's sole remedy for any City Breach shall be an action for specific
performance.
5. ADMINISTRATION
The City Clerk shall be considered the Project Administrator and shall have the authority
to act for the City pursuant to this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the Special
Election and the performance of this Agreement.
5
6. CITY'S RIGHT TO EMPLOY CONSULTANTS
City shall have the right to employ consultants, including election professionals and
attomeys, to perform City's duties pursuant to this Agreement and to provide legal advice
relative to the Special Election. Proponent shall pay all costs and expenses incurred by
City in retaining consultants pursuant to this Section.
7. NOTICES /REQUESTS
All notices, demands, or requests required by this Agreement shall be provided in writing
and shall be deemed served when delivered personally, when faxed or on the third
business day after the deposit in the United States mail, first class postage prepaid and
addressed as follows:
(a) To City at:
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
FAX (949) 644 -3039
(b) To Proponent at:
Koll Center Newport Number A
C/O Tim Strader
1900 Main Street
Suite 350
Irvine, CA 92614
FAX (949) 622 -0404
8. DEFAULT
Either Party to this Agreement party shall be in default if that Party fails or refuses to
perform any material obligation at the time and in the manner required by this
Agreement. The Party not in default may give the other Party written notice of default
and may terminate this Agreement if written notice of default has been given and:
(a) the default is not cured within two (2) days; or
(b) the defaulting party fails to give adequate assurance of due performance
within two (2) days if more than two (2) days are reasonably required to
cure the default.
9. COMPLIANCES
Proponent shall comply with all state, federal and local laws and ordinances relative to
the conduct of a Special Election.
10. WAIVER
A waiver by either Party of any breach of this Agreement shall not be considered as a
waiver of any subsequent breach of the same or different provision of this Agreement.
11. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of the Parties and any
modification of this Agreement will be effective only if in writing and executed by both
City and Proponent.
7
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Garold B. Adams, Mayor
ATTEST:
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Dated:
Dated:
By: Dated:
Robert Burnham, City Attorney
PROPONENT:
Dated:
Koll Center Newport Number A
By Starpointe Ventures
Timothy L. Strader
R