Activist continues fight against city hall

An Orange County Superior Court judge is expected to rule next week on whether to stop Newport Beach from making further plans to build a new city hall on Newport Center land while a local activist continues his legal battle against construction there.

Newporter Allan Beek has asked the court to stop the city from spending more on finding an architect to design a new city hall and other project expenses while his lawsuits against the city remain unresolved. Beek claims the city’s efforts to build there fly in the face of several laws.

“Cities have a way of violating their own laws,” Beek said. “If somebody doesn’t sue them, they get away with it.”

Beek is suing Newport Beach and City Clerk LaVonne Harkless over the legality of Measure B, which requires the new city hall to be built on the land next to the central library. The ballot measure passed in February, with about 53% of the vote. The City Council later voted unanimously to support the measure, reconciling its earlier 3-4 split.

Beek’s lawsuit claims only the council may decide the next city hall location, making the results of Measure B invalid.

Beek filed a second lawsuit, claiming the council’s vote violated the California Environmental Quality Act and the city’s general plan. He alleges the council’s vote to support Measure B was illegal because the city already dedicated the land as open space.

“If they want land for a new city hall, they should go buy it or build on the site of the present city hall,” Beek said. “It’s kind of outrageous they’re throwing away park land to buy a city hall.”

Three of Measure B’s most prominent supporters have asked the court to intervene in proceedings against Beek’s suits, including former state Sen. Marian Bergeson; retired Newport businessman Jack Croul, who funded much of the pro-Measure B political campaign; and Bill Ficker, leader of City Hall in the Park.

“Beek’s suit is completely without merit — it’s almost sanctionable,” said Attorney James Lacey, who represents the three. “It’s whole purpose is to undo a democratic vote — Beek should be ashamed of himself.”

Newport Beach claims Beek’s legal challenges are meritless in its formal response to the activist’s request for an injunction.

“[Beek] asks the court to ignore the city charter, the will of the voters and the unanimous decision of the city council...” the city’s attorneys claim in documents filed with the court. “... Not only does Petitioner [Beek], in his zeal to literally ‘fight City Hall,’ misapply the law, but he ignores highly relevant facts which show that Respondents [Newport Beach and Harkless] are likely to prevail in this matter...”

Attempts to reach City Atty. Robin Clauson were unsuccessful Tuesday.

Judge Peter Polos is expected to rule on the requests June 5.

BRIANNA BAILEY may be reached at (714) 966-4625 or at [email protected].