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Public Comments
7 -23 -13
July 23, 2013 Council Consent Calendar Comments
The following comments on items on the Newport Beach City Council agenda are submitted by: Jim Mosher
( iimmosher(cavahoo.com ), 2210 Private Road, Newport Beach 92660 (949- 548 -6229)
Newport Beach Public Facilities Corporation Meeting
The printed agenda appears to be missing some of the Brown Act required notices
identifying, for example, a contact person for additional information.
2. In the draft minutes, under "3. Approval of Minutes for the Meeting of July 12, 201 V the
following corrections are suggested:
Ayes: Board 9 Directors Hill, Selich, Henn, and Daigle; Vice - Chairperson Curry. and
Chairperson Gardner
Absent: Rearde€ Director Rosansky
REGULAR MEETING
Item 1. Minutes for the July 9, 2013 Regular Meeting
have no corrections to the minutes to offer, however with regard to Items 3 ( "Amendment
of the Balboa Village Advisory Committee Membership ") and 4 ( "Amendment of the General
Plan /Local Coastal Program Implementation Committee Membership ") I continue to think
the Council violated Government Code Section 54972 by creating new appointive positions
and making non - emergency appointments to them, all in a single evening without
advertising for interested applicants.
2. In addition, with regard to the Item 3, filling of the "Balboa Village Merchant Association
Business Board Member" position (per Exhibit A), the California Secretary of State
continues to have no record I can find of any recently created, or currently active, legal
entity with a name resembling that, even though the Council has budgeted, and plans to
give, $40,000 to it in the current fiscal year.
Item 6. Building Inspection and Plan Review Services
The report fails to make clear what need triggered staff's original $100,000 contract with VCA
Code Group dated September 1, 2011 (and ending June 30, 2012), or whether that need and its
continued existence have ever been carefully reviewed by the City Council.
Item 10. Agreement for Sewer Video Inspection Services
1. The agreement begs the question of why the present in -house service costs so much more
than the same service provided by the selected outside vendor, and why that vendor's cost
is so much lower than most of the other bidders.
2. Without clear explanation, the proposed ten year contact term seems unusually long for a
service agreement of this type, particularly for an untested service.
3. 1 believe the Costa Mesa Sanitary District, which provides sewer service to some portions
of Newport Beach, and is perhaps more focused on sewer maintenance, has reduced its
July 23, 2013 Council agenda item comments - Jim Mosher Page 2 of 2
"hot- spots" to a considerably smaller fraction of miles than that suggested in the City's
report.
4. The fate of the City's existing sewer inspection equipment, which the report says would cost
$141,172 to replace, is left unclear, at least in the summary report.
Item 13. Budget Amendment to Accept a Check from the Newport Beach
Public Library Foundation
1. Although it is not clearly stated, I assume the recommended action is intended to include
actual acceptance of the check as well as approval of a budget amendment.
2. Although a small amount, even in total, I do not recall the acceptance of these gifts, or their
proposed uses, ever having been approved or recommended to Council by the City's Board
of Library Trustees, as would seem to be expected under City Charter Section 708(f).
Item 14. Budget Amendment to Accept a Check from the Friends of the
Newport Beach Library
1. As in the previous item, I assume the intended action includes formal acceptance of the gift
(ceremonially presented on July 9), as well as approval of a budget amendment.
2. The Council may wish to be aware that the library "wish lists" appear to be prepared entirely
by library staff based on unknown input and criteria, and although the Board of Library
Trustees reviewed and approved a PowerPoint of staff's draft of their 2013 -2014 Wish Lists
(one to be funded by the Friends and one by the Foundation) at their May 6, 2013 meeting,
it was with the understanding that it was only a draft, and might be modified by the donor
organizations.
3. Since no printed handout was provided at the May 6 meeting, and since the list, which is
not included with the present staff report, might have been subsequently changed, I don't
think either the Trustees or the public at large know for sure what "approved" uses the
$255,000 Friends gift has been accepted for.
Item 15. Sculpture in the Civic Center Park, Orange County Museum of Art
Memorandum of Understanding
1. As staff acknowledges in its report, the present proposal seems rather different than the
one reviewed, refined and approved by the City Arts Commission at its July 11, 2013
meeting, as well as being quite different from the original Peter Walker — OCMA plan that
the public had been expecting.
2. As I said to the Arts Commission at their July 11 meeting (but due to limitations on public
comment at those meetings, after their recommendation had been voted on), I believe
interest in the proposed project would be considerably enhanced if the selection of the
successful artists from among all entries received for this public art exhibition was made
with public input at a widely publicized public session of the City Arts Commission, rather
than having the entries "vetted" by a private entity whose tastes may differ from those of the
community, as seems presently to be proposed.
3. It remains unclear tome why the original Peter Walker — OCMA plan for a rotating display
of loaned sculptures at the locations shown on Attachment A was, and is being,
abandoned.