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Written Comments

Newport Beach City Council
May 27, 2025

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Written Comments
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May 27, 2025
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May 27, 2025, City Council - Finance Committee Joint
Meeting Agenda Comments
The following comments on items on the Newport Beach City Council and FInance Committee joint meeting agenda are submitted by:

Jim Mosher ( [email protected] ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Review of the Proposed Fiscal Year 2025-26 Operating Budget As one of the many whose eyes glaze over when talk turns to budgets, I appreciate the advance posting of the staff presentation.

With written comments due at the end of a holiday weekend, I do not claim to have studied all the slides in detail, but I found Slide 13 “Primary Reasons for General Fund Budget Growth of

3.3%” to be particularly confusing. After adoption, it will likely replace the table on page 34 of the adopted FY2024-2025 Budget Detail book (page 42 of the 417-page PDF for FY25), which purported to explain a 5.9% growth in general fund expenditures in that budget.

Both seem to advance the mathematically improbable idea that overall expenses can grow by a larger percentage than any individual expense category contributing to the overall (in the present case, a 3.3% overall growth when no contributing part grew by more than 1.8% and many went down).

That paradox seems to arise from a mislabeling of the column on the right as “% Change from Adopted FY25’ when that column, in fact, appears to be reporting what percentage of the total FY26 budget the stated change will represent, not how much that category changed.

For example, the reported $5,538,755 “Increase in base Transfers (FFP, HBMP)” adds 1.8% to the overall budget, but that is quite different from how the proposed transfers compare to the numbers adopted in FY25.

Comparing the “Transfers In” to the “Harbor & Beaches Capital Plan Fund” and “Facilities Financing Plan Fund” on pages 109 and 110 of the FY25 budget (pages 117 and 118 of the above-linked 417-page PDF) to those in the corresponding table on pages 49 and 50 of the proposed FY26 Budget Detail (pages 56 and 57 of the 277-page PDF for FY26), the general fund transfers to the HBMP are proposed to go from $5,832,875 to $5,978,697 (a $145,822 or

2.5% increase), while those to the FFP will go from $1,285,152 to $6,778,085 (a $5,492,933 or 427% increase). Combined, the increase is $5,638,755, as stated, but that is a 79% increase for that category compared to FY25, even though it increases the overall budget by only 1.8%,.

The percentage changes in the other categories compared to FY25 budgeted expenses in the same categories are likely also quite different from the numbers stated, and likely also contain within them components differing widely from each other. For example, the $19,500 of decreased Flock ALPR ongoing costs may represent only 0.01% of the overall general fund, but it must represent a much larger change in the expenses budgeted for the Flock program.

Setting aside the slides, I remain baffled by such inscrutable, to me, questions as why, in the budget world, the City’s Information Technology Division is regarded as performing an “internal service,” while its Human Resources Department is not. Both seem to exist solely to support other City departments, and only indirectly the public.

Received After Agenda Printed
May 27, 2025
Written Comments
May 27, 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 SS3. Review of the Proposed Fiscal Year 2025-26 Capital Improvement

Program

Budget
The slide reproduced on agenda packet page SS3-6 informs viewers “The Proposed CIP Budget

detail

can

be

found

on

the

City’s

website:
https://www.newportbeachca.gov/government/departments/public-works” Those following that link may well give up in frustration. Although the Public Works Department’s website does contain links to what appears to be the current CIP budget, it is not at all clear a link to the proposed one can be found anywhere on it. Even the Finance Department’s City Budget & Salary Information page does not seem to have a link to it. And the folder for “2026” in the City’s Budgets Archive where proposed budgets, and then the adopted versions, are normally posted (as for “2025” and before) is inaccessible. The Budget Division webpage provides no assistance, while the link to the Capital Improvements Budget on the City’s Financial Information returns an error. An undated page on the Public Works Department’s website does mention an Interactive CIP Portal and Map, but if those features ever existed, they no longer appear to. At the most recent meeting of the City’s Finance Committee on May 8, I recall members having what I assumed to be printed copies of the proposed CIP budget (along with the separate printing

of

the

proposed

operating

Budget

Detail).

While

printed

copies

may

be

available

at

the

City’s

libraries

(which

are

closed

on

the

day

before

the

present

Council

meeting),

my

efforts

to

find

a

copy

online

have,

thus

far,

proved

unsuccessful.

Item 1. Minutes for the May 13, 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 314 , paragraph 2: “ Jim Mosher questioned Council's approach in the planning process for

the

trolley

expansion,

suggesting

that

procedural

issues

might

have

limited

public

participation
.”
[comment: My comment was to caution that according to the City’s Council Minutes archive, a

little-remembered

former

trolley

experiment,

hosted

by

the

City

along

essentially

the

same
route as is now being considered, approved as Item J.2 at the Council’s March 24, 1986, meeting had been terminated on January 31, 1987 on the basis of the ridership not justifying the cost (see page 15 of the February 9, 1987, minutes). While the recent popularity of summer trolleys in coastal cities may indicate a different market for such services today, I did not

recognize

this

as

my

comment

from

the

sentence

quoted

above.]

Page 318 ends

at

Castaways

Park

starting

May

17,

2025,

invited

the

public

to

attend

the

free

events

which

May 27, 2025, City Council agenda comments - Jim Mosher Page 2 of 4 honors honor military personnel and first responders, and indicated that the field will also feature

artwork

by

local

fifth

grade

students
.”

[alternatively,

“events event which honors ”] Page 318 , Item XIV, paragraph 3: “ Adam Leverenz echoed Mr. Mosher's procedural concerns

regarding

the

Five

Crowns

temporary

patio,

emphasizing

that an expectation
changes

to significant mitigating factors such as sound walls and time limits would be included, might have discouraged some residents from participating in the discussions .” [SInce there was no hint in the posted notice that last minute changes might be made, that could not have been what discouraged attendance. The video clearly indicates the comment was that it was an expectation the mitigation measures stated in the notice would be included that

discouraged

attendance.]

Item 2. Reading of Ordinances While the recommendation to waive reading, in full, of ordinances proposed for adoption, as allowed by City Charter Section 412, 1 is a customary consent calendar item, I have some difficulty understanding what relevance or necessity it has to the present agenda, since there do not

appear

to

be

any

ordinances

proposed

for

either

introduction

or

adoption.

Item 3. Resolution No. 2025-24: Establishing the Position of Historian Laureate
The suggestion to create this position would seem to me to fall clearly within the purview of the City Arts Commission to evaluate and provide advice about per City Charter Section 712. I do not recall staff consulting them about this. It might futher be noted that if the person in this new position were to make recommendations to the

Council

about

“ordinances,

rules

and

regulations”

needed

to

preserve

City

history,

that

would

seem

to

conflict

with

the

role

voters

have

assigned

to

the

Arts

Commission.

Item 4. Resolution No. 2025-25: Approving Amendments to the Records

Retention

Schedule
Since Exhibit A says it is a summary of “major changes,” it would have been helpful to provide a redline

version

of

Exhibit

B’s

full

schedule,

so

all

the

proposed

changes

(not

just

“major”

ones)

would

be

visible

and

more

easily

seen

in

context.

That

would,

for

instance,

help

to

clarify

what

significance

things

like

adding

or

deleting

“1

year”

or

“2

years”

might

have.

But even in Exhibit B, the significance of the entries is not always obvious. For example, Classification CW-020 is said to apply to “Boards, Commissions, & Committees:

City

Council

Subcommittees

(All

records)”

–

which

are

apparently

scheduled

to

be

destroyed

after

two

years.

First

it

is

not

clear

from

the

quoted

description

whether

this

is

supposed

to

apply

to

all

BCC’s

or

only

City

Council

Subcommittees

(and

if

the

latter,

why

it

refers

to

BCC’s

at

all

–

or

is

this

intended

to

apply

to

all

subcommittees,

whether

of

the

Council

or

a

BCC?).

Second,

it

1 It might be noted that waiving the full reading of ordinances is one of the rare motions that requires unanimous

consent

of

the

members

present.

In

other

words,

a

single

member

can

require

the

full

ordinance

to

be

read,

even

if

no

others

want

that.

May 27, 2025, City Council agenda comments - Jim Mosher Page 3 of 4 seems to say the paper copies can be destroyed after “QC & OD.” But if the records are being transfered

to

a

permanent

electronic

format

is

the

intent

that

those

will

also

be

destroyed

at

the

end

of

the

two

years?

And

if

so,

why?

While

it

is

true

City

Council

Subcommittees

only

make

recommendations,

the

documents

that

led

to

those

recommendations

may

have

historical

significance.

Should

the

Historican

Laureate

or

City

Arts

Commission

be

consulted

before

destroying

them?
Many of the other entries are also less than self-explanatory. For example, CW-025 refers to “Copies

of

City

Attorney:

Opinions.”

I

am

aware

that

some

cities,

San

Diego

being

a

prominent
example, post copies of legal opinions produced by their city attorney, and more frequently their Memoranda of Law. Does the City of Newport Beach have such things? Is the public allowed to see them? If so, who decides “When No Longer Required” and why is there no requirement to preserve

them?

How

is

CW-025

related

to

CA-001,

which

is

also

titled

“City

Attorney:

Opinions”

but

appears

to

be

related

only

to

lawsuits?

Don’t

Councilmembers

and

employees

ask,

like

in

San

Diego,

for

opinions

unrelated

to

lawsuits?

What

is

the

rule

for

those?

Many of the 132 pages of Exhibit B raise similar questions. In addition, there seem to be City policies related to record retention not covered by this. For example,

some

years

ago,

a

decision

seems

to

have

been

made

that

“News”

items

appearing
on the City’s internet home page be retained under “More News” for at most a very limited time, making it impossible for the public to re-read an announcement they believed they saw a short time

before.

I

am

not

aware

of

any

news

organization

that

does

that.

By

the

same

logic,

the
City’s online calendar would be erased after the current month is past (fortunately, it is not, although some events and announcements on it do seem to disappear). Again, perhaps, the Historian

Laureate

should

be

consulted…

Item 9. Parks, Beaches & Recreation Commission Recommendations for

Ocean

Boulevard

Vision

Plan

and

The

Great

Rescue

of

1925

Plaque
On Friday, shortly before 4 p.m., the City sent out an emailed news alert warning recipients that “
**

The

Staff

Report

and

Attachment

A

for

the

Ocean

Boulevard

Vision

Plan

(Item

9)

have

been

amended

**
.”

This

was

quite

confusng

since

there

was

no

explanation

of

what

had

changed,

or

why,

and

it

was

not

self-evident

how

the

new

documents

differed

from

the

old,

which

appeared

very

similar.

The changes seem to be that the next-to-last slide of the presentation provided as Attachment A,

which

slide

broke

down

the

“Priority

1”

and

“Priority

2”

improvements

with

a

total

$1,995,250

cost

estimate,

has

been

removed,

and

the

first

paragraphs

of

the

Discussion

and

Fiscal

Impact

sections

on

page

9-2

of

the

staff

report

have

been

extensively

modified

to

tone

down

references

to

actually

including

anything

other

than

critical

maintenance

issues

in

future

CIP

budgets.

Curiously,

no

cost

estimate

for

those

is

provided.

Neither the original nor amended staff reports disclose what the vote at PB&R was on the Concept

Master

Plan,

whether

PB&R

or

the

public

had

any

comments

regarding

the

Plan,

nor

what

significance

PB&R’s

“approval”

of

it

might

have.

May 27, 2025, City Council agenda comments - Jim Mosher Page 4 of 4 In the Council-City Manager form of governement, it is expected that staff will provide their professional

opinion

for

the

Council

to

consider,

along

with

public

input,

in

reaching

their

political

decision.

In

this

case,

the

lack

of

explanation

as

why

the

report

was

changed

suggests

that

after

its

initial

posting,

staff

was

placed

under

some

pressure

to

modify

what

was

supposed

to

be

their

good-faith

professional

recommendation.

As to the largely unrelated matter under this item heading regarding the proposal to approve “The

Great

Rescue

of

1925

Plaque,”

I

continue

to

think

a

locatioin

near

the

base

of

the

East

Jetty

to

the

harbor

entrance

would

be

more

historically

appropriate

site
2 and

would

likely

allow

the

plaque

to

be

seen

by

more

visitors.

It

would

also

avoid

loss

of

most

of

the

existing

flower

bed

at

the

Dahlia

“Vista

Point.”

Regarding Attachment B, the Donation Agreement: 1. In paragraph 2, “ rescued the crew ” should probably read “ rescued part of the crew ” or “rescued

12 crew

members.”

2. In paragraph 6, “ slight line ” should almost certainly read “ sight line .” Item 11. Tentative Agreement with Newport Beach Police Association (NBPA)

Page 11 ends

proposed

MOU

(redlined),

whose

presentation

for

review

is

the

purpose

of

the

agenda

item,

“
will

be

available

for

viewing

prior

to

the

date

of

the

meeting
.”
As of noon on Memorial Day, May 26th, the day before the date of the meeting, that promise does

not

appear

to

have

been

fulfilled

–

at

least

the

Attachment

A

link

within

the

relevant
agenda item posting continues to return nothing but the PDF with the message quoted above. This is not to say I don’t feel a little relief at not needing to feel guilty about not reading the proposed

new

MOU

on

a

national

holiday.

Item 12. Temporary Employment Agreement for City Clerk Services I will be sorry to see our present City Clerk leave. She seems too young to be retiring. 2 Although subject to a more corrosive marine environment, a location on the East Jetty would apparently be

immediately

adjacent

to

where

the

rescue

took

place.

Additionally,

Pirate’s

Cove,
from which the
rescuers

likely

came is visible from the East Jetty, but not at all from the proposed location at the Dahlia Vista

Point.

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