Newport denies it needs a Greenlight vote on resort
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June Casagrande
City officials are standing firm on their decision to put a luxury
resort on the November ballot not because they think the project
requires a Greenlight vote but because they believe voters should
decide.
City Atty. Bob Burnham sent a letter this week to John Buttolph, a
resident who had asked the city to explain its rationale for putting
the Balboa Peninsula resort proposal on the ballot. That resident’s
request prompted a statement by Greenlight that the group’s leaders
believe the city is acting outside the law and setting a bad
precedent.
Burnham disagreed, defending the legal basis for the City
Council’s decision in February to send the matter to a non-Greenlight
vote.
“The decision, the process leading up to the election and the
election itself fully comply with the letter, spirit and intent of
[Greenlight],” Burnham wrote.
According to the city’s Greenlight rule, which voters passed in
2000 as Measure S, any project that significantly exceeds General
Plan guidelines for traffic, homes or square footage must go to a
vote of the people. During meetings before the Greenlight Initiative
was adopted, officials discussed holding hotels to slightly different
criteria, basing the Greenlight question solely on the traffic
factor.
Anticipating that the 110-room luxury resort they hope to build on
the Balboa Peninsula at the site of the Marinapark mobile home park
would not exceed the threshold for traffic, the council nonetheless
decided that the matter would best be decided by voters. Acting under
a provision of the city charter that lets the council put such
decisions into the hands of voters, they agreed to put the Marinapark
question on the November 2004 ballot, which will include the
presidential race and other general election races.
Greenlight supporters recently questioned this approach, saying
that it undermined the intent of Greenlight. But Burnham said he
believes that the City Council adopted this guideline with Greenlight
supporters’ blessings during a series of meetings in March 2001.
On Wednesday, Greenlight spokesman Phil Arst said that the group
had not yet analyzed Burnham’s letter and was not prepared to give an
opinion. Buttolph, too, said he needed more time to consider most of
Burnham’s points, but the hotel matter, he said, is cut and dried.
“This is a big change from what the voters thought they were
enacting,” said Buttolph, who is not a member of the Greenlight
Committee but believes that the move is a threat to the
voter-approved initiative. “This the first hotel project since
Greenlight, and to me, this is a time when you definitely don’t want
the camel sticking its nose under the tent.”
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