Greenlight defends initiative’s validity

Noaki Schwartz

NEWPORT BEACH -- Proponents of the so-called Greenlight initiative have

spoken out against the city attorney’s analysis that their measure’s

petition is invalid.

In a letter to City Council members, the group’s attorney, Scott

Williams, refutes the argument that the petition failed to show signees

that the measure would require an amendment to the city charter. City

Attorney Bob Burnham is out of town this week and could not be reached

for comment.

In his Dec. 29 analysis, Burnham told the mayor and vice mayor that the

city clerk should reject the petition because it violated the format

requirements of the state’s elections code.

But Williams argued that the format is actually closer to the guidelines

than those advocated by Burnham. He added that in previous court

challenges, petitions with even more serious problems have been approved.

The Protect From Traffic and Density initiative proposes to require

residents to 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 space over what the existing general plan allows.

In light of Williams’ opinion, measure proponents still hope to have it

placed on a special election ballot at Tuesday’s council meeting.

However, a few council members have already said that a special election

in April is out of the question, saying it’s too expensive and unfairly

limits voter turnout. For the measure’s supporters, though, November will

be too late for residents to voice their opinion on 11 developments now

going through the approval process.

Still, Greenlight supporters are prepared for such a rejection.

“We’ve offered them a compromise,” said proponent Phil Arst. “In exchange

for us agreeing to an election in November, we’d like them to agree not

to pass any projects with general amendments until then.”

The council will consider this as well as what direction they will advise

City Clerk LaVonne Harkless to take regarding the petition’s future.

Williams also disputes this point -- as does former City Attorney and

Councilman Dennis O’Neill -- saying it is up to the city clerk to decide

the petition’s validity and not the City Council.