Rebuttal -- Steven E. Briggs

The Daily Pilot is right and Clarence Turner and Tom Edwards, “Measure

T backers say the Pilot doesn’t ‘get it”’ Community Forum, Sept. 7. are

wrong.

The backers of Measure T truly “don’t get it.” On the other hand,

perhaps they do and they simply hope that the rest of us will not.

Turner and Edwards have given generously of their time in public

service in the past for this city. They are to be commended for that.

That does not, however, mean that they are infallible or that their

opinions on current events are entitled to any more weight than other

residents of Newport Beach.

In their published joint opinion, they complain of the attack on

Measure T relating to its virtual unanimous and exclusive financial

support by developer interests. The attack is not only fair, but it is

factual.

Furthermore, but for the information published in an earlier edition

of the Daily Pilot, those facts would not have been easily made known to

the general public. Measure T supporters certainly did not disclose that

fact, other than in required disclosure statements, which, while they are

public documents, are not freely and generally disseminated, except by

the media.

They suggest that the absence of approval of many large projects over

the last six years is evidence of restraint by representative government.

This is like listening to presidential candidates. The absence of such

projects is not due to restraint on the part of city officials nor should

they receive any credit for it.

It is a simple reflection of business/economic circumstances in this

area and elsewhere that created limited or no demand for such expansion

in the early 1990’s, thereby leading to an absence of such applications

up until recently. Representative government had nothing to do with it.

They suggest that developers are unfairly characterized in a negative

manner and point to their financial contribution to the community (citing

the One Ford Road project as an example.)

Please! The contributions required of developers are not charitable

contributions. They are required to pay these expenses because they wish

to create additional homes, business buildings and other such structures

within the community which require the creation of additional

infrastructure, such as roads, utilities and similar amenities. The homes

they build add students to an already overburdened school district.

They are simply being asked to bear some of the expense of those

additions to the community.

Last, but not least, we all know perfectly well that these costs are

built into the price of new homes, the rents tenants are charged in

office buildings are otherwise passed on ultimately to the consumer.

Nobody in their right mind would suggest that these contributions come

off the bottom line of any of these developer’s financial statements.

The alignment of supporters for these two initiatives is clear,

predictable and easily identifiable.

Measure T (as in T for traffic) is supported financially by developer,

business entities related to the development industry and virtually no

individuals.

The list appearing in the Aug. 17. issue of the Daily Pilot speaks for

itself in identifying contributors to Measure T, including the California

Association of Realtors, Pacific Mutual Life Insurance Co. Building

Industry Association, Taylor Woodrow Homes, McClaren Vasquez & Partners

(architects), Dunes Hotel, Kaufman & Broad, Standard Pacific Homes, etc.

Measure T supporters should go further than suggested by the Daily

Pilot, regardless of whether it is legally required.

If they truly seek to represent the views of individual residents and

citizens of Newport Beach, then they should return special interest

contributions (which we all know they will not do). Furthermore, they

should offer a public explanation as to how the plan to finance a

campaign that they suggest as of August 17th was $72,000.00 in the red.

They should disclose commitments they have received for funding,

whether in money or in kind, from individuals or businesses. It

should also be mentioned that two of the identical major financial

supporters of Measure T are business entities with proposed expansions

“on the table” in this city. Pacific Mutual Life Insurance Co. and the

Dunes Hotel are among the major contributors and supporters to Measure T.

Both of those entities have huge planned expansions on the table at

this time. Both of those have now withdrawn those expansion applications

from consideration by city officials, at least until after the November

election. It is clear that both of these organizations have not abandoned

their plans to expand, but merely seek to achieve their goals in a

different manner by supporting Measure T financially and the resubmitting

their applications in what they hope and expect will be a more friendly

environment.

Lastly, the suggestion that Measure S constitutes an attack on

representative government is just hogwash. If representative government

had acted consistent with the wishes and desires of the individual

citizens that it represents, there would be no Measure S.

Measure S (as is S is for Stopping Traffic) has truly been funded and

supported by individual citizens.

One only has to observe the behavior of some (not all) of the elected

and appointed officials who have been considering applications, such as

the Dunes Hotel and the Marina Park project this year, to understand what

motivates supporters of Measure S.

Some of these individuals are at times openly indifferent to legal

obligations, disdainful of the views of residents and even behave

publicly in a hostile manner in response to legitimate criticism.

Steven E. Briggs is a Newport Beach attorney.