HomeMy WebLinkAbout0 - Public Comment"RIECEi'JED AFTER AGENDA
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Comments on October 23, 2012 Special Council Agenda Items
Comments by: Jim Mosher (limmosher(a�vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-
548 -6229)
Item 1. Commercial Marinas Located Upon City Managed Tidelands
G 1 have not had time to study in detail the proposed lease agreement, but I notice the
proposed Resolution 2012 -91 (Attachment B) is missing the word "with" in the third
paragraph from the end on its first page. I assume it was meant to read "...the
Committee held public outreach meetings with commercial marina operators..."
G More substantively, I object to the suggestion in Section 5 (at the bottom of page 2 and
top of page 3) that the City Council can by this resolution pre- authorize the City Manager
(and his /her designees) to enter into actual lease agreements, leaving it to his /her
discretion to refer particular leases "to the City Council for consideration. "
G The leasing of public tidelands is a serious business, and this provision is inconsistent
with Section 421 (Contracts. Execution.) of the City Charter, though which the people of
Newport Beach have, since 1954, prohibited anyone other than the City Council from
binding the City to contracts. The people of Newport Beach have, in Section 421, given
the Council, by ordinance or resolution, the authority to delegate to the City Manager the
power to contract for the acquisition (i.e., purchase) of items included in the Council -
approved budget, for the disposal of surplus City property, for the sale of products of
City -owned utilities and to retain salaried employees, but these leases clearly do not fall
within any of those exceptions.
• Section 5 is also inconsistent with the signature pages of the template lease (pages 41
51 of the staff report), which (properly) indicate the lease is to be signed by the Mayor.
• It may be argued by some that the Charter requirement for the full Council to publicly
review each lease and authorize the Mayor to sign it is unduly burdensome. I reject that
argument and feel it is part and parcel or good, transparent government. It requires only
that the lease, or packages of leases, be made part of the Consent Calendar, where the
public has an opportunity to review and provide input to the Council before the final
decision is made. This is no different than the requirement with most cities and agencies
(somehow ignored in Newport Beach), that a register of all checks ( "warrants ") to be
paid by the City be presented for Council review and approval before they actually paid.
Likewise most cities and agencies list all claims made against them on the Consent
Calendar, and the Coastal Commission places numerous routine permitting matters in a
"Director's Report." Although items are seldom "pulled" this provides much need citizen
oversight and transparency at very little additional cost. HIL., - r,1 J
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