SORTING OUT GREENLIGHT
* Number of elections triggered by Measure S if in place since 1990:
- Measure T claims: 58
- Measure S claims: 15
The likely scenario:It all depends on the so-called “accumulation
period” that will take effect after the election, should Measure S pass.
Measure T supporters argue that a 10-year “look back” period, as proposed
by Measure S, could have caused 58 elections. Measure S relied on a
city-sponsored analysis for its numbers, which did not consider any
general plan amendments before 1990.
While Greenlight supporter Phil Arst said Measure T supporters “have
no data to say that’s what would have happened,” he added that six
projects requiring a citywide vote would already wait on the sidelines if
Measure S passes.
Although City Council policy limits general plan amendments to three
times a year -- February, June and October -- they could process several
amendments at each of those times, said City Atty. Bob Burnham.
* Measure S will require both minor and major developments to go
before a citywide vote:
- Measure T claims: Yes
- Measure S claims: Yes, but unlikely
The likely scenario:
While acknowledging that very small renovations or expansion projects
could require a vote, Arst said it was unlikely to happen.
“I’m not saying that it can’t happen,” he said. “But so far, it’s been
rare.”
* Measure S’s effect on the Newport Dunes expansion project:
- Measure T claims: Developers can build a 275-room hotel and could
reduce its revised plans for a 470-room hotel and 31,000-square-foot
convention center to fall below Measure S’s election threshold.
- Measure S claims: Even if the Dunes developers avoid a citywide
election by reducing the project, this would be better than construction
of the currently proposed complex.
The likely scenario:
Newport Dunes is entitled to build the 275-room hotel and will not
require approval from the city to do so. The revised and larger proposal
would trigger an election under Measure S.
* Measure S trashes or restores representative government:
- Measure T: trashes it
- Measure S: restores it
The likely scenario:
The current process of review and public hearings in front of the
city’s Planning Commission and City Council would not be affected by
Measure S. But the final say on projects that trigger an election would
lie with the voters. In Escondido, where a growth-control measure was
approved in 1998, the City Council moved projects straight to the ballot
without public hearings. Measure S supporters have said the City Council
could face lawsuits if members failed to fulfill their duty to review
projects.
* In 1999, amendments “gutted” the city’s traffic phasing ordinance:
- Measure T claims: The U.S. Supreme Court ruled that it is
unconstitutional to require developers to pay more than their “fair
share” of traffic improvements. State law also required the city to bring
the ordinance in line with its general plan.
- Measure S claims: With only five votes -- instead of six -- out of
seven on the City Council required to override the ordinance, Measure S
supporters say it’s been weakened. Since developers are required only to
pay a portion of the cost of traffic improvements, the city must wait
until other developments come in to fix traffic problems.
The likely scenario:
Burnham said the 1999 changes to the ordinance can be divided in three
categories:
1. Changes to bring the ordinance into conformity with court rulings
2. Changes to make the ordinance internally consistent
3. Changes to include administrative guidelines
Also, the number of council votes necessary to override the ordinance
was lowered from six to five.
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