Activist still pledges B suit

Newport Beach City Council members could vote next week to support Measure B and build the next city hall on a city-owned piece of land in Newport Center. Voters already approved the measure by a slim majority earlier this month, but some officials say such a move could invalidate a local activist’s legal challenge to the measure.

“It wouldn’t matter from the court’s point of view,” said Newport Beach City Atty. Robin Clauson. “But it would make the lawsuit moot. It would be less of a legal result [and] more of a practical result.”

The suit claims only the City Council has the power to make a decision on where the next city hall will go. A council vote in favor of the measure could take some of the wind out of the sails of the suit, said Councilman Steve Rosansky, who supported the measure, which requires the next Newport Beach city hall to be built on a 12.8-acre parcel of city-owned land next to the central library on Avocado Avenue.

“Let’s say the suit is successful, we’re back to where we started if the council votes to put city hall there anyway,” Rosansky said. “Either way, we’re going to do environmental work on it and ultimately go forward.”

The council building committee is expected to ask that a vote on Measure B be put on the council agenda next Tuesday, Rosansky said.

An Orange County District Court judge in December ruled against Newport Beach resident Allan Beek’s temporary restraining order that would have prevented Measure B from appearing on a February ballot.

The court ruled it would hear arguments on the lawsuit if voters approved the measure, which passed Feb. 5 with about 52% of the vote.

Beek said Monday he will persevere with the suit, even if the council votes to support the measure and said he was “about 80% sure” he would win in court. “Measure B should not have been on the ballot,” Beek said. “It was an illegal measure and the courts have ruled repeatedly that you can’t vote on things like that.”

Beek is named as the only party in the suit against Newport Beach City Clerk LaVonne Harkless.

Mayor Ed Selich opposed Measure B, but said Monday he and the rest of the city council have vowed to support the votes’ decision.

“We’ve all said if Measure B passed, we would take action to follow the voters’ wishes,” Selich said. “If you get a majority of votes, the position prevails.”

BRIANNA BAILEY may be reached at (714) 966-4625 or at brianna.bailey@latimes.com.