Greenlight petition could be rejected

Noaki Schwartz

NEWPORT BEACH -- The city attorney has advised the city clerk to reject

the petition for the so-called Greenlight initiative because it failed to

give signees crucial information about the measure.

City Attorney Bob Burnham, who could not be reached for comment Tuesday,

spelled out his legal opinion in a six-page memorandum addressed to the

mayor and vice mayor. It came to light just one day after the effort’s

required 6,822 signatures were validated by the Orange County Registrar

of Voters.

But according to Burnham’s analysis, the petition did not properly inform

voters that the measure requires an amendment to the city charter --

Newport Beach’s equivalent to a constitutional amendment.

If the petition is rejected, supporters will not be able to get the

measure on a special election ballot -- an action they were planning to

request at Tuesday’s City Council meeting, said Phil Arst, an initiative

proponent. Arst added he was unsure if a new petition could even make it

on the November ballot.

“We can’t make the 88-day required period between getting signatures

certified and setting the special election date,” said Arst, who has

worked on the initiative for almost a year.

The measure proposes to give residents the decision-making power over

potential developments. If passed, it would require a majority vote on

developments that would create more than 100 peak-hour car trips, more

than 100 dwelling units or more than 40,000 square feet of floor area

over what the general plan allows.

Burnham’s analysis says the wording of the petition violates the state

elections code, which is designed to prevent voters from misconstruing

crucial information about a measure.

First, according to the memo, the title of the petition doesn’t say that

the measure requires a charter amendment. Also, the potential charter

amendment is not mentioned in the initiative description preceding the

space where registered voters are supposed to sign, according to the

memo. Both are requirements of the state law.

“The city could get sued,” said Mayor John Noyes. “We’re not being

accusatory. We want to understand the problem and deal with it.”

City Clerk LaVonne M. Harkless, who oversees elections for the city, sent

a letter to initiative proponents on Monday saying that because the

signatures were validated, she would submit the petition to the City

Council to set an election date.

She said she had just received Burnham’s Dec. 29 memorandum on Tuesday.

“When I reviewed [the petition], it was in substantial compliance. But

he’s the city attorney and I’m the clerk,” Harkless said.