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Written Comments

Newport Beach City Council
May 13, 2025

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Written Comments
Meeting
May 13, 2025
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Newport Beach City Council
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310
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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.

May 13, 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 April 29, 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 302 ends

pool users for swim lessons and lap swimming use reside in Newport Beach and 90% in the Newport-Mesa area.”
[See video. In response to the Mayor’s question, Director Levin displayed his Slide 16

showing 71% of registrants from Newport Beach and 19% from Costa Mesa. Those add to 90% (or, as he said, “the vast majority”) from the Newport-Mesa area. Saying that only about 70% reside in the Newport-Mesa area is wrong and leaves readers wondering where the remaining 30% could come from.]

Page 309 ends

amplified music over recent years has increased which could be bothersome to neighbors.” [note: Further on page 309, neither the minutes nor the description of the motion mention the modifications to Condition of Approval No. 3 despite the extensive discussion of it seen in the video.]

Page 310 ends

1,500-unit proposal was relies on units added to the General Plan without a Greenlight vote (Charter Section 423).”
Item 4. Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule
Certain words and phrases in the proposed agreement (Attachment A to the proposed resolution) are, without any explanation I can find, printed in italics. It would have been helpful to indicate, if it is correct, that these are changes from the current MOU and that the words they replace can be found in the redline version presented as Item 13 at the Council’s April 29, meeting.

That said, the use of italics does not appear to be entirely accurate or reliable.For example, in Section 1.B.1 on page 4-10 of the staff report, “June 30” is not italicized even though it seems to be a change from “December 31.”
Item 5. Resolution No. 2025-21: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule
Same comment regarding the use of italics as for Item 4, except that the corresponding redline was presented as Item 14 on April 29 (and “June 30” does not seem to be a change).

Received After Agenda Printed
May 13, 2025
Written Comments
May 13, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Item 6. Resolution No. 2025-22: Accept State of California, Department of

Parks

and

Recreation,

Division

of

Boating

and

Waterways

2025

Grant

for

the

Marina

Park

Boating

Program
As explained in the last paragraph of the first page of the resolution (on page 6-4 of the staff report),

one

of

the

reasons

the

acceptance

of

grants

of

more

than

$30,000

comes

before

the

Council

for

approval

is

so

the

Council

can

review

the

terms

and

conditions

of

accepting

the

grant.

Given the more than 100 pages of grant documents that follow, the location of the terms and conditions

is

not

immediately

apparent.

So,

it

would

have

been

helpful

for

the

report

to

indicate

if

the

City

will

incur

any

obligations

as

a

result

of

accepting

this

grant,

and

if

so,

what

they

are.

Item 10. Professional Services Agreement with Deckard Technologies, Inc.

for

Short-Term

Lodging

Compliance

&

Hotline
The proposed contract with Deckard Technologies indicates it will start effective May 13, 2025. However, the staff report indicates that the existing contract for the same service with GovOS Inc. is not set to expire until August 31 , 2025, and Section 27 of that contract (C-7913-3) requires at least 30-days notice to terminate. How will the transition period over the next 3-½ months be handled? Which contractor will be handling

this

service?

Has

GovOS

Inc.

been

put

on

notice

they

will

be

terminated

before

staff

knows

if

the

contract

with

their

replacement

vendor

will

be

approved?

Item XVI. MOTION FOR RECONSIDERATION I think the Council should vote to reconsider its action taken on Item 22 at the April 29, 2025, meeting (Five Crowns Limited Term Use Permit Appeal). Despite the authorization given (per page 311 of the draft minutes) to City staff to amend in unknown ways the findings in the proposed Resolution No. 2025-18 presented on April 29, the normal practice when the changes are not fully announced during the course of the public hearing

would

be

for

the

revised

resolution

to

return

for

the

Council’s

concurrence

at

a

future

meeting

(typically

on

the

consent

calendar).

In this case, the revised Resolution No. 2025-18, signed by the Mayor as having been “adopted” on April 29, even though neither the Council nor the public had a chance to review what was purportedly

adopted,

has

a

number

of

defects.

Among

them,

both

the

title

and

the

operative

clause

in

Section

2 incorrectly

state

that

the

Council

voted

to

“uphold”

the

Planning

Commission’s

(and

Zoning

Administrator’s)

approval

of

the

permit.

In

fact,

after

the

public

hearing

had

closed,

the

Council,

exercising

what

it

believed

to

be

is

prerogatives

under

NBMC
Sections 20.64.030 and 21.64.030,
1 decided not to uphold, but instead to “modify” the earlier approvals by, among other things, extending allowed operating hours by one hour and deleting all

mandatory

noise

mitigation

measures,

relying

only

on

the

operator’s

compliance

with

the

1 Technically, Subsections 20.64.030.D and 20.64.030.D allow the Council only to add conditions of approval,

not

remove

them,

although

Subsections

20.64.030.D,1,c

and

20.64.030.D,1,c

imply

the

appellant

could

have

filed

the

appeal

with

a

request

conditions

be

deleted
.

May 13, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 City’s Community Noise Control regulations - despite the applicant’s own noise consultant concluding such compliance would be possible only with the proposed mitigation measures (including

a

10 p.m.

closing

time).

Additionally, there are questions as to the Council’s April 29th action’s consistency with the posted Public Hearing Notice. In that notice, the construction of a sound wall and a 10 p.m. closing time are described as elements of the proposal being considered for approval or denial at

the

hearing,

not

merely

as

previously-imposed

conditions

of

approval.

Yet,

with

the

revised

resolution,

the

Council

has

not

merely

modified

conditions

of

approval

the

Planning

Commission

thought

necessary

to

make

the

project

work,

but

has

effectively

approved

a

project

different

from

the

one

that

was

noticed

for

hearing,

and

regarding

which

the

public

had

no

chance

to

comment

since

the

Council

announced

it

would

be

considering

that

modified

project

only

after

the

hearing

had

been

closed.
2 Regarding the last-minute changes, I am not sure the Council members were aware that the City

noise

standards

are

(quite

reasonably)

stricter

between

10 p.m.

and

7 a.m.

than

they

are

during

the

remaining

hours.

The

sound

wall

and

10 p.m.

closing

cited

in

the

hearing

notice

appear

to

have

been

included

as

project

features,

rather

than

mere

conditions

of

approval,

because

Five

Crowns’

own

noise

consultant

had

concluded

that

even

with

those

features,

events

of

the

sort

Five

Crowns

wants

to

hold

would

just

barely

meet

the

more

lenient

City
daytime noise limits (see Table 4 on page 22-37 of the April 29 staff report). Even with them, the contemplated events would be in violation of the 10 p.m. to 7 a.m. limits. I could be wrong, but I am not aware of any instance in Newport Beach in which outdoor dining with

amplified

sound

adjacent

to

residential

uses

has

been

permitted

after

10 p.m.

By not informing the public such a thing was even under consideration, and for the other procedural

deficiencies

cited

above,

the

April

29th

decision

on

agenda

Item

22 seems

ripe

for

reconsideration,

and

the

Council

should

request

a

properly-noticed

future

re-hearing

of

it.

2 The YouTube video at 2:04:00 shows the Mayor denying an audience member’s request to comment after

the

potential

revisions

to

the

project

had

been

announced.

A

second

request

appears

to

have

been

denied

at
2:39:50.

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