Cities Index.
Written Comments

Newport Beach City Council
June 24, 2025

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Written Comments
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June 24, 2025
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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.

June 24, 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 SS2. Preparing for the Implementation of Advanced Air Mobility Since the City’s Aviation Committee has not met publicly for a long time, and is in the midst of reorganization (see Item 10 from the June 10 Council meeting), I was unaware the City had contracted with Peter Kirsch. Indeed, I am unable to find any indication of a contract with him in the Clerk’s online contract archive, despite the City Charter Section 603(c) requirement for the Clerk’s records to contain all written contracts.

I do know of Mr. Kirsch from his very thoughtful keynote presentation entitled “Working Together on Land Use Compatibility” at the 2024 Aviation Noise & Emissions Symposium organized by UC Davis. It can be viewed on YouTube. Although it does not deal with Advanced Air Mobility, it does highlight the need for those seeking relief from conflicts to do what is in their own power to avoid making the conflicts worse. The City’s recent history of overruling objections raised by the County Airport Land Use Commission seems exactly what Mr. Kirsch warned against.

Item IX. History of Mayor Dora Hill: The Unlikely Architect of Modern Newport Beach
Bill Lobdell has done much to shine light on various corners of the City’s history. This presentation will likely be similar to his podcast dated September 01, 2021, a near-transcript of which he published as an article in Newport Living.1.

There seems to be a possibility that one aspect of that fascinating and otherwise well-informed historical vignette could be a little misleading: namely, the interpretation that Mayor Dora Hill directed the enactment of our City Charter and that without her leadership, the transition from the former city to one with seven “from district” council members and a professional city manager would have come decades later.

The problem with this interpretation is that the timing is inconsistent with the timeline found in the Charter Background document prepared by our recently-retired City Clerk Leilani Brown for presentation to the most recent Charter Update Committee at their May 24, 2012, meeting, as well as with the timeline included in the “Certificate” at the end of the Charter itself.2 As the former (but not the latter) documents, our city charter was the fruit of two efforts involving a citizens’ petition to the council demanding the election of an independent committee of freeholders to draft and present a charter to the voters for their consideration.3 3 The council’s role in this mode of charter adoption is purely ministerial. They have no say over who is on the committee or what it presents to voters.
2 A facsimile of the charter as originally adopted, including a November 12, 1954, witnessing statement by Mayor Dora O. Hill and the January 1955 approval by the state legislature, can be found archived in the City’s Laserfiche system among the ordinances for 1955. 1 The podcast includes audio excerpts from an oral history archived by San Diego State University, and a YouTube video of Mayor Hill’s appearance as a guest during the November 4, 1954 episode of Groucho Marx’s television quiz show You Bet Your Life
Received After Agenda Printed
June 24, 2025
Written Comments
June 24, 2025, City Council agenda comments - Jim Mosher Page 2 of 7 The first petition, received in March 1948, possibly in response to the City Council’s voluntary adoption

of

a

city

manager

form

of

government,
4 resulted

in

a

proposed

charter
5 narrowly
rejected in the February 8, 1949, election by a vote of 1,174 “yes” to 1,325 “no.” As the Clerk’s Background document indicates, the Council revived the idea of adopting a city charter

in

1953,

and

was

considering

itself

appointing

a

committee

to

draft

it,

but

was

preempted

by

new

petition

demanding

the

election

of

independent

freeholders,

circulated

by

a

group

calling

itself

the

the

Harbor

Citizens

League,

headed

Arthur

R.

Cubbage,

who

seems

to

have

viewed

the

1949

vote

on

the

previous

group

of

freeholders’

product

as

a

rejection

of

the

city

manager

form

of

government.

In

any

event,

at

the

October

28,

1953,

Council

meeting

the

Clerk

certified

a

sufficient

number

of

signatures

on

that

petition

to

force

the

election

of

a

new

set

of

freeholders,

and

at

the

resulting

December

22,

1953,

election,

the

residents

overwhelmingly

voted

to

do

that.

According to the Certificate at the end of the Charter, and the Clerk’s Background document, the freeholders

certified

their

completed

charter

proposal

on

March

29,

1954,

at

which

meeting

the

Council

set

the

election

to

vote

on

it

for

June

8,

1954.

The problem is the freeholders’ completion of the proposed City Charter by March 29, 1954, seems

to

have

occurred

before

or

contemporaneously

with

when
6 Dora

Hill

was

unexpectedly

asked,

decided

to

run

for,

and

was

elected

to

the

Council

on

April

13,

1954,

or

seated

and
selected as Mayor on April 20, 1954. While a June 3, 1954, article in the Newport Harbor Ensign mentions Mayor Dora Hill as being in the audience at a debate about the charter measure, and “Mr. and Mrs. Edgar R. Hill” are listed as the first-named endorsers of the measure in a “Vote Yes on the Proposed Charter” political ad on the next page, I am not aware of any evidence that Ms.

Hill

was

a

driving

force

behind

or

in

any

way

directed

our

Charter’s

creation

or

its

content.

To the contrary, while she may have favored adoption of a charter, and might possibly have even

run

for

Council

as

a

proponent

of

the

Charter

effort,

she

does

not

seem

to

have

run

as

a

freeholder

to

draft

one

in

1948

or

1953,

and

between

her

appointment

to

the

Library

Board

in

1948

and

her

unanticipated

election

to

the

Council

in

1954,

the

only

other

mention

of

her

in

the
City Council minutes seems to be on page 2 of those for March 26, 1951, which mentions a letter she signed as President of the Newport Harbor PTA, requesting a specially-trained juvenile

officer.

6 The folklore, as reported in 50 Golden Years

is

that

the

request

and

decision

happened

on

“an

April

morning,”

but

with

an

election

set

for

April

13,

it

is

not

clear

when

the

council

candidate

filing

deadline

in

1954

would

have

been.

One

might

think

the

campaign

would

have

lasted

longer

than

12 days

(at

present,

filing

is

required

to

be

completed

a

minimum

of

88 days

before

the

election).

5 I

have

not

found

a

copy

of

the

charter

rejected

in

1949,

but

it

seems

to

have

included

a

change

of

the

City’s

name

to

“Newport

Harbor”

–

a

proposal

rejected

by

voters,

again,

according

to

the

Clerk’s

Background

document,

at

the

April

8,

1958,

election.

4 The City’s governing body, at that time called a Board of Trustees, had proposed adopting a city manager

form

of

government

as

early

as

1928

with
Ordinance No. 337, but it was put to the voters and soundly

rejected

by

them

170

“yes”

to

691

“no”

as

recorded

in
Resolution No. 459. Possibly as a result of
changes

in

state

law,

the

Council

was

apparently

able

to

make

the

change

without

a

need

for

voter

approval

with
Ordinance No. 575, introduced on March 8, 1948 – the same meeting at which it received the

petition

demanding

election

of

freeholders

to

draft

a

charter.

At

the

same

meeting,

according

to

the
minutes, the Council appointed “Mrs. Edgar R. Hill of 61; Via Lido Soud” (Dora) to replace a member who had

resigned

from

the

Board

of

Library

Trustees,

and

also

rejected

a

request

she

had

submitted

by

letter

for

a

refund

of

building

permit

and

utility

connection

fees

paid

for

the

Teen-Canteen,

Inc.

June 24, 2025, City Council agenda comments - Jim Mosher Page 3 of 7 All of this is to say it might be interesting to have a presentation about the many people who contributed

to

the

apparently

rather

convoluted

path

by

which

our

City

came

to

have

its

present

form

of

government,

in

addition

to

the

one

who

happened

to

be

Mayor

at

the

time

voters

approved

something

close

to

what

we

have

today.

Of

special

interest

might

be

how

our

City

would

have

been

different

if

the

alternative

charter

narrowly

rejected

in

1949

had

been

adopted

instead.

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 328 , Item V, announcements by Council members Barto and Grant: “ Participated in a field

trip

with

the

Ad

Hoc

Refuse

Committee

to

the

Material

Recovery

Facility

(MRF)

in

Anaheim
.”

Comment : Since the City’s contractor for curbside residential trash collection (CR&R) operates its MRF in Stanton, I thought the Council members had misstated the city they visited. But it appears the visit was to the recently-opened Anaheim MRF of a CR&R competitor, Republic Services, that replaced a previous facility destroyed by fire. It would have

been

helpful

to

indicate

what

the

purpose

of

the

trip

was,

and

how

it

relates

to

the
recommendations the Ad Committee is expected to make (see Item 4 from the March 25, 2025, Council agenda). Might the committee be recommending a change in residential trash

contractors?

Or

asking

CR&R

to

modernize

its

facility?

Or

is

CR&R

already

using

the

Anaheim

MRF?

Page 334 ends

to

designate

one

position

for

Newport

Coast,

but

if

no

one

from

that

area

applies,

it

would

be

open

to

others

to

fill

the

seat

…

Motion

by

Councilmember

Blom,

seconded

by

Mayor

Pro

Tem

Kleiman,

to

…

b)

adopt

amended

Resolution

No.

2025-31,

A

Resolution

of

the

City

Council

of

the

City

of

Newport

Beach,

California,

Amending

the

Structure,

Membership,

Roles

and

Responsibilities

of

the

Aviation

Committee
;

…”

Comment : A review of the adopted Resolution No. 2025-31 indicates that after the Council’s approval, a sentence was added to the membership section of the attachment saying

“
One

member

shall

be

a

resident

of

Newport

Coast,

provided

that

an

eligible

resident

from

Newport

Coast

submits

an

application

for

appointment

to

the

Committee
.”

That

seems

consistent

with,

but

not

exactly

the

same

as,

what

City

Attorney

Harp
proposes in the video.
7 And this is an improvement over the Water Quality/Coastal Tidelands Committee enabling Resolution No. 2021-11, which states appointments are made in January and commence on February 1, even though a verbal amendment made at

the

time

of

adoption

is

said

to

have

changed

that.

Nonetheless,

it

seems

poor

policy

for

the

Council

to

be

adopting

resolutions

without

knowing

exactly

what

words

it

is

adopting.

7 The YouTube version of the video is labeled “Newport Beach Planning Commission Meeting "LIVE" Thursday

June

19,

2025

@6:00

PM”

even

though

it

is

the

June

10 Council

meeting.

June 24, 2025, City Council agenda comments - Jim Mosher Page 4 of 7

Page 335 ends

investments

in

security

measures,

including

the

use

of
flock Flock cameras and
implementation

of

a

new

drone

program
.”

Page 336 ends

removing

Sites

146

and

147

from

the

ordinance

and

resolutions
.”

Comment : This item involved introduction of Ordinance No. 2025-10 and adoption of Resolution No. 2025-32 and Resolution No. 2025-33. The last minute amendment again underscores the pitfalls of orally amending documents on the fly without asking to see what

words

are

actually

being

approved

before

they

are

signed.

After

removal

of

Sites

146
and 147, the Clerk’s version of the introduced Ordinance No. 2025-10 contains an updated map showing seven “Height Exception Areas” labeled A through G, which, as requested,

excludes

from

change

Sites

146

and

147.

However,

what

was

formerly

intended

as

an

identical

map

in

Resolution

No.

2025-32

was

not

updated.

So,

despite

the

requested

amendment,

the

signed

submittal

to

the

Coastal

Commission

continues

to

show

eight

“Height

Exception

Areas,”

including

sites

146

and

147.

While

those

two

sites

are

not

within

the

coastal

zone,

and

therefore

not

within

the

CCC’s

jurisdiction,

the

information

being

submitted

is

incorrect

and

will

cause

Title

20 and

Title

21 of

our

Municipal

Code

to

contain

inconsistent

maps.

Item 3. Ordinance Nos. 2025-7 and 2025-8: Approving an Amendment to

the

North

Newport

Center

Planned

Community

(PC-56)

Development

Plan

and

a

Development

Agreement
Since it proposes massive changes to the character of Newport Center, this item would merit extensive

comment.

But

since

the

chance

of

producing

any

change,

even

the

correction

of

obvious

errors,

at

the

second

reading

of

items

in

Newport

Beach

is

nearly

non-existent,

the

effort

seems

futile.

Speaking of futility, I would not be surprised if the Council members have been extensively lobbied

on

this

matter

by

CAA

Planning

and

its

CEO,

Shawna

Schaffner.

I

used

to

commend

Ms.

Schaffner

for

being

one

of

the

very

few

lobbyists

who

continued

to

renew

their

registration

in
Newport’s Lobbyist Registration System a year after it was enacted by Ordinance No. 2020-3. It looks like even she has discovered that the Council has never bothered to impose any consequences

for

not

registering,

so

doing

so

is

as

pointless

as

commenting

on

this

item.

That said, surely the proposed height increases, if approved, will have, at minimum, aesthetic impacts.

Dismissing

those

as

having

been

adequately

considered

in

the

Housing

Element

Implementation

EIR

–

which

assumed

the

existing

limits

would

continue

–

cannot

be

correct.

And as to the higher-cost market rate residential units the height increases will make possible, it is

true

the

agreement

proposes

some

mitigation

in

the

form

of

a

promise

to

build

some

affordable

units

at

some

other

location,

but

the

number

promised

is

far

short

of

the

40%

affordable

our

Housing

Element

promised

was

realistic

to

expect

at

each

of

these

Newport

Center

housing

opportunity

sites.

What has happened to the Housing Element's Policy Action 1K promise to adopt an interim inclusionary

policy

within

6 months

of

Housing

Element

adoption

and

an

inclusionary

ordinance

June 24, 2025, City Council agenda comments - Jim Mosher Page 5 of 7 within 36 months of Housing Element adoption to ensure the 40% affordable projection is met? Is

the

inclusionary

ordinance

close

to

completion?

Should

the

Council

hold

off

on

approving

this

agreement

until

it

is

decided

what

the

ordinance

will

require?

Item 5. Ordinance No. 2025-10: Approving an Amendment to the Housing

Opportunity

(HO)

Overlay

Zoning

Districts
As noted in a comment to the draft minutes from the June 10 meeting (Item 1, above) where this ordinance

was

introduced,

the

City

may

have

submitted

to

the

Coastal

Commission

a

version

of

the

“Height

Exception

Areas”

map

to

be

adopted

with

this

ordinance,

erroneously

showing

increased

heights

at

the

church

sites

which

the

Council

will

not

be

approving.

As with Item 3, above, I think the aesthetic impacts of the proposed height increases have been too

cavalierly

dismissed.

As

I

indicated

orally

when

this

ordinance

was

introduced,

those

doing

the

evaluation

seemed

unaware

that

Avocado

Avenue

is

a

designated

view

road.

Item 8. Resolution No. 2025-37: Accepting the Department of Homeland

Security

Operation

Stonegarden

Grant

Funds

Fiscal

Year

2024
Section 3 of the proposed resolution commits the City “ to provide all match funds, if any .” The staff report does not explain if any matching funds will be required. Also, in view of the current conflict between state and federal agencies over immigration policy, the

public

may

want

additional

assurances

that

the

equipment

and

overtime

will

not

be

used

to

assist

in

the

apprehension

of

law-abiding

persons

with

long

residence

in

our

country.

Item 22. Visit Newport Beach, Inc. FY 2026 Destination Business Plan Budget,

Leisure

Marketing

(TOT)

FY

2026

Budget,

and

Performance

Standards

Report
The staff report mentions recently-completed “ significant organizational and governance changes
,”

but

it

does

not

provide

any

details

of

what

those

were,

other

than

consolidating

Visit

Newport

Beach

and

Newport

Beach

&

Company..

In particular, it is not immediately apparent from the materials provided whether Visit Newport Beach

or

some

other

entity

provides

the

non-City-funded

functions

that

Newport

Beach

&

Company

formerly

engaged

in,

such

as

conference

sales

and

merchants

associations

support,

or

what

firewalls

are

in

place

to

prevent

commingling

of

the

funds

or

services

with

the

non-City

activities.

It also doesn’t explain if the former position of a Council-appointed City representative on the Visit

Newport

Beach,

Inc.,

Executive

Committee

(which

appointment

was

set

to

expire

this

June),

or

even

the

Executive

Committee,

still

exists.

If

it

has

disappeared,

someone

might

wish
to inform the City Clerk, since the position still appears on her Roster of Boards, Commissions and Committees.

June 24, 2025, City Council agenda comments - Jim Mosher Page 6 of 7 Item 23. 2025 Drinking Water Quality Report on Public Health Goals The staff report says that “ every June, the Utilities Department mails a detailed drinking water quality

report

to

all

water

users
.”

A

report

was

actually

not

mailed

to

users

this

year.

Instead,

we

received

a

“Ride

to

Water

Quality”

postcard

announcing

a

report

was

available

online

and
providing a phone number to call to request a printed copy. The 2025 Annual Water Quality Report found at the link provided ( https://www.newportbeachca.gov/government/water-quality ) is something quite different from the “2025 Drinking Water Quality Report on Public Health Goals” attached to the staff report as Attachment A. That report does not yet seem to have been posted to the website yet, with the 2022 report being the most recent available there.

Item 25. Appointments to Scheduled and Unscheduled Board and Commission

Vacancies
The staff report says that Jennifer Strong “ has requested to be withdrawn from consideration pertaining

to

the

Board

of

Library

Trustees
.”

I have little doubt that the Council will ultimately re-appoint Timothy “Chase” Rief to the BLT.

However,

his

term

is

ending

on

June

30th,

and

as

someone

who

has

applied,

continuously,

since

2009,

for

a

position

on

the

BLT

(but

never

been

nominated),

I

have

to

object

to

the

Council
voting on that appointment with a single nominee. Council Policy A-2 requires a minimum of two nominees for each appointment, and there is nothing on the agenda announcing the possibility a

vote

will

be

taken

to

waive

the

policy.

As to waiving Policy A-2, there is no urgency about the matter since City Charter Section 702 allows the incumbents to continue serving until their successors have been named. So, the clearly

better

alternative

is

to

defer

the

vote

until

at

least

two

nominees

have

been

identified.

That is the path that was taken 10 years ago when recently-arrived resident Will O’Neill, similar to

Ms.

Strong,

was

considering

withdrawing

his

nomination

to

serve

on

the

BLT,
8 which

had
been previously confirmed as part of Item 20 on the June 9, 2015, consent calendar. In that case, on June 23rd, the entire BCC appointment process was deferred to the next meeting (see Item 25 on that agenda), apparently to give Mr. O’Neill time to reach his decision. That seems a bit extreme, but when the matter came back as Item 21 on the July 14, 2015, agenda, with Mr. O’Neill having announced his decision to withdraw on June 30, 9 the BLT
appointment

was

further

postponed

until

a

replacement

nominee

could

be

identified.

In

that

case,

it

included

re-posting

of

the

vacancy

announcement

and

accepting

additional

applications,

which

again

seems

a

bit

extreme

since

ample

other

valid

applications

(including

mine)

were

already

on

file

to

choose

between.

In summary, the Council should continue the BLT appointment to a future meeting at which the Appointments

Committee

advances

at

least

two

nominees

for

the

position,

in

keeping

with

9 Although he was not arrested until 2016, Mr. Wu resigned from the Finance Committee on July 1, 2015, and

Mr.

O’Neill

was

appointed

to

replace

him

on

July

28 (see
Item 13

on

the

consent

calendar

from

that

date).

8 Mr. O’Neill’s decision may have been prompted by a developing story about allegations of campaign funds

embezzlement

by

Jack

Wu,

likely

leading

to

Mr.

Wu’s

resignation

of

his

recently-created

position

as

a

citizen

member

of

the

City’s

Finance

Committee,

creating

an

opening

on

that

body.

June 24, 2025, City Council agenda comments - Jim Mosher Page 7 of 7 Policy A-2, or at which a vote to waive the policy and proceed with a single nominee is properly agendized

and

justified.

Alternatively, and considering that the term limits imposed by Policy A-2 appear intended to limit consecutive

terms,

only,

if

the

Appointments

Committee

is

unable

to

find

any

other

qualified

people

(including

me)

among

the

existing

pool

of

applicants,

they

could,

as

in

2015,

consider

asking

the

Clerk

to

re-advertise

the

opening

and

invite

former

BLT

members

to

reapply.

There also appears to be an insufficient number of nominees for appointment to the City Arts Commission,

with

four

positions

to

be

filled

and

only

seven

candidates,

when

there

should

be

eight.

Again, the Council should either ask the Appointments Committee to find another candidate for appointment

to

the

Arts

Commission,

properly

announce

an

intent

to

waive

Policy

A-2

or

re-advertise

the

openings.

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