Cities Index.
Written Comments

Newport Beach City Council
March 11, 2025

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Written Comments
Meeting
March 11, 2025
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Newport Beach City Council
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Text extracted from the city's file for reading and search. Open the original on newportbeach.legistar1.com. That file is the official record.

March 11, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Jim Mosher ( [email protected] ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Minutes for the February 25, 2025 City Council Meeting The passages shown in italics below are from the draft minutes with suggested corrections shown in strikeout underline format. The page number refers to Volume 66.

Page 271 ends

Scarbrough’s previous comments regarding her and Mr. Klobe’s GPAC appointments and thought the discussion regarding the Council Aviation Ad Hoc Committee (Item 5) was less than enlightening.”

Page 274 ends

to distortions and site sight line issues as the screen size increases.”

Page 274 ends

the screen. In response to his question, Public Works Director Webb clarified that 0.8% of the 10% of the contingency allowance is correctly stated and most of the major project items are complete.”
[note: Even after deleting the second “of the,” this could be read as “0.8% of 10%” =

0.08%. It would be clearer to say “Director Webb clarified that the 0.8% of cost overrun compared to the 10% of the contingency allowance is correctly stated.”]

Page 274 ends

Kahe Krahe thanked Public Works Director Webb for his presentation, expressed concerns about the largest screen size, and thought the 11-foot by 19-foot screen is a good compromise and the Foundation would agree to pay for half the cost.” Item SS5. Capital Improvement Program (CIP) Early Look
It is very helpful that the slides for this presentation were posted with the agenda on March 6, giving time for review prior to the meeting.

Regarding Slide 17 (the first of two labeled “WATER”), there seems to be a problem with the dollar amounts reported for the “Cathodic Protection Program.” A $110,000 re-budget added to a new allocation of $2,000,000 would not yield a total of $224,000.

Item III. PUBLIC COMMENTS
I am all for public comments, but according to the agenda sequence specified on page 2 of the currently-adopted City Council Policy A-1, this item seems to have been intended primarily to provide the required opportunity for the public to comment on the closed session agenda items.

However, with the closed session now appearing at the end of the agenda, it fails at that purpose since few people attending the meeting would guess from the announcement that this is opportunity to comment on the closed session topics, nor will they know there will be additional opportunities to comment on agenda items, or if commenting at this time will preclude them from commenting later.

Received After Agenda Printed
March 11, 2025
Written Comments
March 11, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 In fact, although titled differently, the text under this item is identical to that appearing under “IX.

NOTICE

TO

THE

PUBLIC”

which

makes

it

appear

more

of

a

notice

than

an

invitation

to

comment.

If that is its purpose, it would seem the notice should be given before Item “II. CURRENT BUSINESS”

since

the

public

must

be

allowed

to

comment

on

at

least

some

of

those

items

(for

example,

Item

“SS5.

Capital

Improvement

Program

(CIP)

Early

Look”),

yet

will

not

have

been

told

what

the

rules

are

prior

to

their

opportunity.

Item 4. Ordinance No. 2025-3: Designating a Portion of Corona del Mar as

a

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

to

Include

Memorial

Day,

Fourth

of

July,

and

Labor

Day

Holidays
The description of the boundaries of the proposed Corona del Mar Safety Enhancement Zone were

revised

shortly

before

the

introduction

of

this

ordinance

was

introduced

on

February

25. While the more precise definition (similar to the Police Department Reporting District 44 illustrated

in

Figure

1 on

page

4-2

of

the

staff

report)

proposed

on

page

4-9

of

the

ordinance

is

appreciated,

it

is

puzzling

that

both

mention

the

intended

zone

“
shall

include

Pirate's

Cove,

Corona

del

Mar

State

Beach,

and

Little

Corona

Beac
h,”

but

do

not

mention

China

Cove

Beach,

even

though

China

Cove

Beach

is

clearly

within

the

area

described

by

the

text.

Additionally, it is not clear the City has a clearly defined boundary to “Little Corona Beach,” which,

according

to

Figure

1 of

the

staff

report,

is

in

the

neighboring

Police

Department

Reporting

District

45. It

is

a

term

that

does

not

seem

to

appear

anywhere

else

in

the

Municipal

Code.

All this said, I continue to think the increased days and areas of the proposed safety enhancement

zones

place

an

increased

burden

on

City

staff

and

citizens

that

is

not

justified

by

sufficient

evidence

of

a

need

for

the

action.

Item 5. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code

to

Update

Administrative

Procedures

Related

to

Good

Cause

Determinations

and

the

Extension

of

Deadlines

for

Short-Term

Lodging

Permits
Although not clearly explained in the staff report, I believe this ordinance is being proposed as an

administrative

alternative

to

persons

making

appeals

to

the

City

Council.

Setting aside the merits of that choice,I have two problems with the proposed implementation. First, a significant operative part of the scheme is buried in a portion of the ordinance that will not

be

codified,

as

a

result

of

which,

most

of

the

public

reading

the

proposed

code

(pages

5-21

and

5-22)

will

not

know

it

exists.

Specifically,

the

proposed

ordinance

contains

an

(uncodified)

Section

7 saying

“
The

Finance

Director

is

hereby

authorized

to

retroactively

extend

deadlines

as

provided

in

Sections

2 through

5 of

this

ordinance

upon

a

determination

by

the

Finance

Director

that

good

cause

has

been

shown

to

do

so
.”

March 11, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 Not only would this apply, contrary to what it says, to only Section 2, 3 and 5 (not 4), but I can think

of

no

reason

this

should

not

be

included

in

the

codified

text

of

those

sections.

To

accomplish

that,

in

the

three

sections

where

it

is

proposed

to

appear,
1 the

following

phrase

could

simply

be

modified

to:

“...

the

Finance

Director

determines

that

good

cause

has

been

shown

for

extending

the

deadline, which extension may be retroactive.”
2 The code would then be clearer and there would be no need for the uncodified Section 7. My second problem is that while it may seem efficient to insert a definition of “good cause” that will

apply

to

the

entire

municipal

code,

rather

than

just

to

short

term

lodging

matters,

I

don’t

think

it

is

wise.

The reason it is not wise is that what “good cause” means depends on the context, and the conditions

that

constitute

“good

cause”

for

missing

a

short

term

lodging

permit

deadline

may

be

quite

different

from

what

constitutes

“good

cause”

in

some

other

circumstance,

such

as

terminating

an

employee

or

a

permit

“for

good

cause.”
A search for the phrase “good cause” indicates it appears 27 times in 19 different chapters of our Municipal Code, including, already in Subsection 5.95.030.F. Many of those appearances suggest the intent was for the phrase to have a very context-specific intent. Adding a general definition

that

purports

to

apply

“
Unless

a

more

specific

definition

is

provided

or

the

context

in

which

they

are

used

clearly

requires

otherwise
”

seems

only

to

add

confusion

and

uncertainty.

It would seem much better to add a STL-specific definition of “good cause” to Section 5.95.010 (Definitions) of the Short Term Lodging Permit chapter, which would clarify how the phrase is intended

to

work

in

the

STL

chapter,

but

not

alter

its

(possibly

quite

different)

intent

in

the

others.

As to the merits of this ordinance,I believe the deadlines were enacted to emphasize that having a

short

term

lodging

permit

is

a

privilege,

not

a

right;

and

a

limited

privilege

for

which

there

is

a

long

waiting

list

of

possibly

more

responsible

people

seeking

the

privilege.

While the proposed code specifies the circumstances under which the Director “ may ” excuse a missed

STL

permit

deadline,

it

is

not

at

all

clear

as

to

the

circumstances

under

which

he

or

she

should

choose

not

to

do

so.

For

example,

there

may

be

complaints

that

the

applicant,

although

having

“good

cause”

to

miss

the

deadline,

is

also

a

bad

operator

for

whom

leniency

should

not

be

considered.

And

those

circumstances

might

not

surface

without

a

more

formal

public

hearing.

That

would

argue

for

an

appeal

to

the

Council

being

a

better

solution

in

what

seem

to

be

the

rare

circumstances

in

which

deadlines

are

missed.

Regarding defined words in general in our Municipal Code, it should be noted that, at present, readers

have

no

easy

way

to

tell

if

they

are

encountering

a

word

with

a

special

definition

within

the

code

or

one

that

is

intended

to

be

read

with

its

common

meaning.

A solution to this is for the vendor codifying the ordinances to display the defined words in a special

typeface

(such

as

italics

or

underlined)

and

provide

links

to

the

definitions.

2 Subsection

5.95.030.F

already

gives

the

Director

authority

to

extend

certain

STL

deadlines,

but

does

not

say

that

authority

is

retroactive.

Nothing

in

the

present

ordinance

changes

that.

Was

this

intentional?

1 To be sure, while this phrase appears in Section 3 (on page 5-13) and Section 5 (on page 5-14), in Section

2 (on

page

5-12)

it

appears

as

“
to

extend

the

deadline
”

instead

of

“
for

extending

the

deadline
.”

I

can

think

of

no

reason

for

the

different

phrasing.

March 11, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Here is example, from the Snohomish County (WA) code, which is maintained by the same vendor as ours, but using a slightly different platform:

Pointing the mouse at the words with dotted underlines pops up a copy of the section defining the

term

(while,

as

in

our

code,

clicking

on

a

word

with

a

solid

underline

links

to

the

referenced

code

section).

Item 6. Resolution No. 2025-11: Waiving Section A.1. of City Council Policy

B-13

to

Allow

for

Alcoholic

Beverages

at

Charity

Polo

Event

Held

at

Peninsula

Park,

and

Repeal

of

Resolution

No.

2024-14
Since Newport Beach attempts to enforce an absence of alcohol on its beaches, I do not think it sets

a

good

example

to

allow

alcohol

at

an

event

in

a

beach-adjacent

park.

That

appears

to

set

a

double

standard.

That said, if a majority of the Council wants to allow this, I don’t see the need for a new resolution

or

to

repeal

the

former

one.

The existing Resolution No. 2024-14 appears to grant an indefinite, blanket waiver for the “Charity

Polo

Event

held

at

Peninsula

Park.”

While

it

references

the

“Newport

Beach

Foundation”

as

the

most

recent

and

likely

future

operator,

it

does

not

seem

limited

to

that.

The proposed new Resolution No. 2025-11 names “Celebrity Foundation for Children” (tax filings) as the expected operator, but, again, the existing resolution does not seem restrictive as to who the applicants or operators might be and is even less clear than the present one about the

waiver

being

indefinite.

If the intent is that the future validity of the waiver be contingent upon “the Event” being a charity event,

then

I

think

it

should

say

so.

And since the request is only for service of beer and wine, I think the resolution should include that

limitation.

Both of those conditions would improve upon what is proposed.

March 11, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 Item 9. Approval of On-Call Maintenance and Repair Services Agreement

for

Roll-Up

Doors

and

Gates

with

Excel

Door

&

Gate

Company,

Inc.

The staff report fails to mention that Excel Door & Gate Company previously held this contract, and that as Item 6 at its May 9, 2023 meeting, in anticipation of that contract ending, it selected South Coast Industrial Door, Inc. as the contractor for this service through May 1, 2028. The City Clerk’s database of contracts show the one with South Coast Industrial Door, C-9286-1, as still active, and, indeed, to have been updated by the City Manager with new billing rates on August 30, 2024. Is the new contract with Excel Door & Gate intended to replace the one with South Coast Industrial

Door?

Or

to

be

in

addition

to

that?

Item 10. Amendment No. One to Purchase and License Agreement with

T2

Systems

Canada,

Inc.

for

Multi-Space

Pay

Stations
It would seem reasonable to ask if, when the existing pay stations were originally purchased, there

was

an

expectation

they

would

only

last

for

ten

years?

And

if

the

new

“more

reliable”

ones

are

expected

to

have

any

longer

useful

life?

Item 12. Cultural Arts Grants Fiscal Year 2024-25 The Council may notice a similarity in the grants recommendations from year to year. For example, all six of the recipients approved as Item 12 at the February 27, 2025, meeting are on the list again this year, and for very similar amounts. This year is slightly unusual in that there are two new recommendations: Emerald Magic Events Inc

and

the

Newport

Theatre

Arts

Center.

Of those, it might be noted that, independent of these grants, Emerald Magic Events has a March 22 event at OASIS very similar to what is described, with tickets ranging from $59 to $79 (with discounts for couples and children under 17). In that regard, it might be noted that the underlying City Council Policy I-10 (page 12-5) does not appear

to

place

any

restrictions

on

how

the

grants

will

be

used,

and

it

is

unclear

if

the

Commission

has

done

so.

For

example,

how

expensive

attendance

at

the

proposed

events

might

be

and

whether

the

grants

would

be

used

to

reduce

ticket

costs

or

for

some

other

purpose.

Indeed,

it

seems

completely

open-ended

as

to

whether

the

grantees

would

even

be

presenting

a

program

or

offering

some

other

kind

of

“service.”
Wouldn’t some clearer guidance be useful?
Item 13. Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance

No.

2022-8

Removing

Sunset

Date

of

April

21,

2025
This item seems an example of the unwisdom of enacting uncodified provisions to our Municipal Code. As best I can tell, no one reading NBMC Section 15.02.095 would have any hint that lurking in adopted Ordinance No. 2022-8 there is an April 21, 2025, sunset provision affecting something

in

(sub)

Section

105.3.4,

especially

since

there

is

not

even

a

footnote

to

that

code

March 11, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 mentioning the existence of Ordinance No. 2022-8. And according to the codifier’s Ordinance List, Ordinance No. 2022-8 has already been “Repealed by 2022-26.” Since Ordinance No. 2022-26 says it completed deleted and replaced Chapter 15.02, including (sub) Section 105.3.4, and in enacting the present provisions, itself appears to contain no sunset

language,

it

would

seem

to

me

that

a

sunset

clause

in

Ordinance

No.

2022-8

is

irrelevant,

and

nothing

is

about

to

expire.

In that case, no action is necessary, unless the current (sub) Section 105.3.4 enacted by Ordinance

No.

2022-26

is

different

from

the

one

the

Building

Official

sees

in

Ordinance

No.

2022-8

and

wants

to

continue

following.

As best I can tell, there is no difference, and no action is needed.

Item XVII. CLOSED SESSION The Brown Act requires the public be given an opportunity to comment regarding the items listed

under

this

heading

on

the

agenda

before

the

Council

considers

them.

Since the former opportunity for this public comment has been moved from its position immediately

preceding

the

closed

session

in

the

agenda

template

specified

in

City

Council
Policy A-1, it seems important for the Mayor to invite comment after the CIty Attorney has announced the closed session topics.

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