Council revisits fee vote

An earlier Newport Beach City Council decision on how to spend $5 million in developer fees was revisited Tuesday after a resident challenged it as a possible Brown Act violation.

The council voted July 24 to spend $5 million from developer Lennar Homes, which plans to build 79 condos by the Newport Beach Marriott hotel, to develop Newport Center Park, Back Bay View Park and then two other parks, as the money allows.

Resident Bill Ficker earlier this month questioned whether proper public notice was given before the council decided how to spend the money.

The council had not re-voted the issue at press time. City Attorney Robin Clauson said last week the Brown Act — the state’s open meetings law — allows government bodies to confirm or change an earlier action without admitting they did anything improper the first time.

“It didn’t seem worthy of having the city expend money and time [for litigation] on something that could be done again,” she said. “If you cure or correct, it does not mean there was a violation.”

Clauson advised council members July 24 they could decide that night how to spend the money because the developer agreement they were voting on left the spending to their discretion.

Ficker is the leading proponent of a ballot measure that would have a new city hall built on the site reserved for Newport Center Park. An Aug. 3 letter from his attorney to the city demanded the council reconsider the decision on the $5 million or face litigation.