Activist rejected but not defeated

A Newport Beach activist vowed Friday to continue his fight against a February measure that could determine where the next city hall will be built after a judge rejected his effort to keep it off the ballot.

“This way we’re going to have to have the money for the campaign, which will be more expensive than the lawsuit,” said Allan Beek, who filed the lawsuit last month. “It’s not a happy day here, but that’s the way it goes.”

An Orange County District Court judge on Friday ruled against Beek’s temporary restraining order that would have prevented the measure from appearing on a February ballot.

If voters approve the measure to build the city hall next to the central library on Avocado Avenue, then the judge will hear arguments on the lawsuit.

“I think the judge is hoping we will win the election, and we are going to do our best to get him off the hook so he doesn’t have to make a decision about it,” Beek said.

Beek is named as the only party in the suit against Newport Beach City Clerk LaVonne Harkless. The suit alleges the ballot measure is illegal because it leaves the city hall issue up to voters.

The suit claims only the City Council has the power to make a decision on the matter.

James Lacey, an attorney for the group City Hall in the Park, which wrote the ballot measure, said Friday he doubted the lawsuit would keep the measure tied up in court if it passes.

“A judge is going to be very deferential to the wishes of the voters,” Lacey said.

Attorney Dana Reed, who represents the Newport Beach in the lawsuit, said the city has not taken a position on the legal validity of the lawsuit, but it has fought to keep the measure on the ballot

“It’s the people that signed the petition and want to vote on it, so the city is not going to take a position one way or the other, Reed said. “He just waited way too long to take it off the ballot.”

The city plans to print the ballots Monday.

If passed, the measure would change the city charter to require city hall to be built next to the central library on Avocado Avenue.

A 1992 agreement with the Irvine Co. designated part of the site as open space, and the majority of the council has rejected using it for a city hall. The group City Hall in the Park collected enough signatures earlier this year to qualify the measure for the ballot.

Among other issues, the group contends the site next to the central library is the best place for the next city hall because the city owns the land.

Architect Bill Ficker, lead proponent of the City Hall in the Park measure, said he was happy the measure would go on the ballot in February.

“We’re obviously pleased with the decision. [The lawsuit] is a distraction from our goal of a city hall in the park site,” Ficker said.

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