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November 24, 2015, Council Consent Calendar Comments <br />The following comments on items on the Newport Beach City Council agenda are submitted by: <br /> Jim Mosher ( ), 2210 Private Road, Newport Beach 92660 (949-548-6229) <br />Item 1. Minutes for the November 10, 2015 Study Session and Regular <br />Meeting <br />The page numbers below refer to Volume 62 of the draft minutes. The passages in italics are from the <br />draft with suggested changes shown in strikeout underline format. <br />Page 492: Item III: “Relative to Item B, he noted that it would be useful if the public <br />could review the contracts for services for each organization the job title of labor <br />negotiator Jonathan Holtzman was not identified on the agenda and there did not <br />appear to be a contract for him in the City Clerk’s database. Regarding Item C, he <br />stated that the City Attorney had previously expanded on the issue disclosed on the <br />agenda the nature of the anticipated litigation to be discussed, but it was not done <br />at this time and suggested doing so going forward.” <br />Page 495: “Council Member Petros recused himself from this Item due to business <br />interests. … Council Member Muldoon recused himself from this Item due to <br />business interests. Council Member Curry recused himself from this Item due to a <br />stockholder conflict” and on page 499: “Council Member Duffield recused himself <br />from this Item due to a business relationship with Visit Newport Beach, Inc.” <br />A part of California’s Political Reform Act, Government Code Section 87105, <br />requires that in recusing themselves, a public official “who has a financial interest in <br />a decision” must “Publicly identify the financial interest that gives rise to the conflict <br />of interest or potential conflict of interest in detail sufficient to be understood by <br />the public, except that disclosure of the exact street address of a residence is not <br />required.” Merely saying one has a “business interest,” without identifying the <br />business or what aspect of that business’ activities gives rise to a conflict, does not <br />seem to me to be sufficient for the public to understand the details of the conflict. <br />For example, what “business interests” does Council Member Petros have? Does <br />Council Member Duffield provide services to Visit Newport Beach, Inc., or do they <br />provide services to him? And what services? I am certainly curious, but not <br />informed by the record. <br />Page 497: Item 5, paragraph 1: “Mayor Pro Tem Dixon proposed amending the <br />Resolution so after for the first year of the facility's operation, staff shall report to Council <br />every 60 days with an update and analysis of how the parking approach is being <br />implemented.” <br />Item 3. Water Efficient Landscape Ordinance Amendment (NBMC <br />Chapter 14.17) <br />Introducing and adopting staff-proposed ordinances on the Consent Calendar, without any <br />public debate, destroys the illusion that a citizens oversight body, like the City Council, actually <br />Received After Agenda Printed <br />November 24, 2015 <br />Written Comments