HUNTINGTON BEACH : Key Legal Opinion of Pierside Plan OKd

Despite a challenge from Mayor Peter M. Green, the City Council this week accepted a legal opinion that paves the way for the Pierside Village development.

By a 4-3 margin, council members upheld City Atty. Gail C. Hutton’s ruling that the restaurant complex proposed south of the Municipal Pier is indeed waterfront property but that the site can be leased to a private developer without approval of four-fifths of the council members.

Because Green and council members Grace Winchell and Linda Moulton-Patterson oppose Pierside Village, such a requirement almost certainly would have doomed the project, which has been mired in controversy since it was proposed five years ago. Green had requested that the council seek a second legal opinion, saying the issue is too important to hinge on a single ruling.

Green said the project may face costly legal challenges and a special election.

Under the provisions of Measure C, a City Charter amendment that voters approved in November, a citywide vote is required before the city can develop any beach or parkland. Hutton has ruled that because of the new law, voter approval will probably be necessary to approve Pierside Village.

Moulton-Patterson and Winchell joined Green in calling for the city to hire a legal consultant to offer another opinion on the issue.

But Councilmen Jack Kelly, Don MacAllister, Earle Robitaille and Jim Silva--all proponents of Pierside Village--disagreed. They argued that the estimated $7,500 cost of acquiring a second ruling was too high to pay.

The proposal calls for restaurants, pedestrian plazas and 611 parking spaces on paved land now used for street-level parking. Supporters say the project would attract more visitors to the pier-downtown area, while opponents complain that it would block ocean views.