Loading...
HomeMy WebLinkAbout0 - Closed Session Correspondence'1Tlnh'_'dL'F -� sI ]r'A�ti January 10, 2013 Nancy Gardner Mayor, City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Dave Kiff City Manager, City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Aaron Harp City Attorney, City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 VIA EMAIL & U.S. Mail "RECEIVED AFTER AGENDA PRIN'TEV' b / -.2- -2 13 RE: Adoption of Ordinances Regarding Newport Beach Residential Dock Taxes Dear Mayor Gardner: This letter is to call to your attention what I believe was a substantial violation of the central provisions of the Ralph M. Brown Act, one which may jeopardize the finality of the action taken by the Newport Beach City Council on December 11, 2012. The nature of the violation is as follows: In the meeting on December 11, 2012, the Newport Beach City Council took action to a) adopt amended Resolution No. 2012 -119 approving a model permit template for residential piers and excluding easements from the definition of premises; b) adopt amended Resolution No. 2012 -120 setting fair market value rent for residential piers; removing the adjustment by CPI or 2% during the phase -in period; limiting future adjustments beginning in 2018 by 2% or CPI, whichever is less, except that upon sale of the adjacent upland property, the pier rent would be adjusted to market using the most recent Harbor -wide appraisal as a reference; the renting of piers will be allowed at the small commercial marina rate of $1.26 as phased -in; and that a residential pier appraisal be included in any overall Harbor appraisal; and c) direct staff to prepare an ordinance amending the Newport Beach Municipal Code ( "NBMC ") to allow for the charging of fair market value rent as well as to remove the current prohibition against rentals of residential piers. These resolutions stem from an Ad Hoc Committee (hereinafter the "Committee ") that was to meet for a limited period appears to have met for a prolonged period of time. In effect, this Ad 2603 Main Street, Suite 1050 • Irvine, CA 92614• Fhune: 949 - 4684047- Fax: 949 -251 -1886 w .barictran.c9m Nancy Gardner Dave Kiff Arron Harp City of Newport Beach Page 2 January 10, 2013 Hoe Committee became a standing committee of the Newport Beach City Council. Of particular concern is the fact that this committee met on several occasions with no public hearing notice, no posted agenda, and provided few or no public hearings. As a result of these potential Brown Act violations, members of the public were denied their rights to speak about this controversial proposal and recommendations. We are gravely concerned that the full council has relied on the recommendation of a governmental body that did not comply with all of the constitutional protections of the Brown Act. As you are aware, 1986 amendments to the Brown Act created specific agenda obligations for notifying the public with a "brief description" of each item to be discussed or acted upon, and also created a legal remedy for illegally taken actions, namely the judicial invalidation of them upon proper findings of fact and conclusions of law. Pursuant to the provision (Government Code §54960.1), I demand that the Newport Beach City Council cure and correct the illegally taken action as follows: we ask that this Council put this matter back on its agenda for reconsideration after a meeting of the Committee has been conducted that respects the Brown Act, the Council's own rules, and the fundamental principles of open government, free speech, and public participation that they, and our California Constitution, are meant to protect. As provided by Section 54960.1 you have 30 days from the receipt of this demand to either cure or correct the challenged action or inform me of your decision not to do so. If you fail to cure or correct as demanded, such inaction may leave me no recourse but to seek a judicial invalidation of the challenged action pursuant to Section 54960.1, in which case I would see the award of court costs and reasonable attorney fees pursuant to Section 56960.5. Respe urs, Steven. D. Baric, Esq. Attorney at Law SDB /ert