Greenlight measure up for vote in November

Noaki Schwartz

NEWPORT BEACH -- Proponents of the controversial Greenlight initiative

got a bittersweet victory Tuesday night when the City Council agreed to

place the measure on the November ballot, but dashed their request for a

quicker vote in a special election.

“It’s unconscionable to put this on the November ballot,” said Tom Hyans,

a proponent of the initiative, adding that by November, a number of

development projects would have already passed through the approval

process at City Hall, which would not allow residents to vote on them.

Despite a growing legal spat between the city and the measure’s

proponents over the petition’s validity, council members, in a 6-1 vote,

opted to let the measure appear on this fall’s general election ballot.

Tom Thomson was the sole council member to vote against, saying he

supported an effort to have the initiative placed on the ballot for a

special election in April.

The initiative proposes to give residents voting power over potential

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

than 100 homes or more than 40,000 square feet of floor area over what

the city’s general plan allows.

After reviewing the petition last week, City Attorney Bob Burnham advised

the city clerk to reject it, saying it violated the state Elections Code.

Burnham said the text of the measure did not clearly inform voters that

it would require a charter amendment -- the municipal equivalent of a

constitutional amendment. The matter was finally put on the council’s

agenda, giving it the opportunity to shape the fate of the initiative.

Burnham’s legal analysis kicked up a flurry of opinions around the city

on whether the council has decision-making power over the clerk, whether

this was a political tactic to postpone the initiative’s vote and whether

the city could get into legal trouble by approving a petition that could

be flawed.

After learning of Burnham’s opinion, initiative proponents quickly

consulted their own lawyer and sent a letter refuting the city attorney’s

findings. They argued that their version of the petition was more

accurate than Burnham’s.

Greenlight members had to move fast before the council meeting because

they had requested the measure be placed on a special election ballot in

April.

Initiative proponents wanted the early vote in part so that residents --

in turn -- would be able to vote on the 11 proposed developments that are

currently in the planning process. The November general election would be

too late, said supporter Phil Arst.

“You’ll get your election in November,” said Newport Beach Mayor John

Noyes. “In the meantime, trust your elected officials.”