Cities Index.
Written Comments

Newport Beach City Council
July 8, 2025

Document
Written Comments
Meeting
July 8, 2025
Body
Newport Beach City Council
Pages
347
Original file
799 KB
Text extracted from the city's file for reading and search. Open the original on newportbeach.legistar1.com. That file is the official record.

July 8, 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 June 24, 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 numbers refer to Volume 66.

Page 339 ends

The video shows Item III consisted solely of a reading of the notice regarding public comments by the Interim City Clerk, and seems to have been relocated in the agenda sequence by the Mayor. The clock visible on the wall confirms the reading took place after the Council returned at 4:30 p.m. from a brief recess and was not part of the earlier study session. It occurred between Items “VI. ROLL CALL” and “VII. INVOCATION.” and should be so indicated in the minutes, not at the location shown in the draft.

The public comment listed under the “III. PUBLIC COMMENTS” heading in the draft was not in response to the Item III reading. It occurred before 4:30 p.m. and was part of study session Item SS2. Moving the Item III heading (but not the comment) to its proper location later in the agenda will correct that error.

Page 339 ends

sentence: “He also noted, independent of his role on the General Plan Advisory Committee, that there are additional materials linked at the end of the AAM staff report that are there is a link to a page with very helpful additional information, including a link to a video of a symposium held in Palm Springs containing an in-depth discussion about AAM.” [comment: I suspect the reason the staff report did not directly link to the additional materials, but, insteading, linked to a separate webpage (“newportbeachca.gov/AAM”) containing links to the material is that, for reasons unknown to me, when staff reports (and comments such as this) get archived to the City’s Laserfiche permanent storage system, the hyperlinks within them continue to display as hyperlinks, but become non-functional and (frustratingly) cannot be used unless the URL is spelled out in full for copying and pasting into a web browser. In the case of the AAM video, the URL is 81 characters long and likely could not have been displayed, in full, on a single line of the staff report.]

Page 347 ends

“3. Interim City Clerk Perry read the ballot votes for the City Arts Commission as follows:

David Anastos – Barto, Blom, Grant, Kleiman, Stapleton, Weber, Weigand Rita Goldberg - Grant, Kleiman, Weigand
Melissa Kandel - Barto, Blom, Grant, Kleiman, Stapleton, Weber, Weigand Tiare Meegan - Barto, Blom, Kleiman, Stapleton, Weber, Weigand Laurel Tipett Tippett - Barto, Blom, Grant, Kleiman, Stapleton, Weber, Weigand Interim City Clerk Perry announced that David Anastos, Melissa Kandel, Tiare Meegan, and Laurel Tippett were appointed to the City Arts Commission.” Received After Agenda Printed
July 8, 2025
Written Comments
July 8, 2025, City Council agenda comments - Jim Mosher Page 2 of 5 [ comment : As of this writing, the ballots have not been copied to the meeting agenda’s Laserfiche archive, but the votes shown in the draft minutes differ from those read at the meeting (as recorded in the video) as shown. In addition to correcting the misspelling of “Tippett” and the votes, it might be noted that the staff report indicated three of the City Arts Commission appointments were for terms ending in 2029 and one for a term ending in

2026.
1 Neither

the

Council

nor

the

Clerk

indicated

which

appointees

were

being

appointed

to

which

terms.

The

tradition

seems

to

have

been

the

appointee

with

the

least

votes

gets

the

shortest

term.

In

this

case,

that

would

be

Tiare

Meegan.

However,

since

this

was

not

discussed

it

is

not

clear

that

was

the

intent

here.]

Item 4. Resolution No. 2025-41: Adopting a Memorandum of Understanding

with

the

Newport

Beach

Professional

and

Technical

Employees

Association

and

Associated

Salary

Schedule
It is a bit confusing since there may be more than one version of the Council agenda posted in more

than

one

place,

but

it

appears

that

as

of

July

7,

the

MOU

being

presented

for

approval

on

July

8 as

Attachment

A

to

Resolution

No.

2025-41

and

promised

to

be

“available

for

viewing

prior

to

the

meeting”

is

not

yet

available

for

viewing.

This is particularly strange since a version of what purported to be the MOU was presented for review

at

the

June

24 Council

meeting.

Is

the

present

“Attachment

A”

any

different

from

that?

Why

has

it

not

been

provided?

Item 5. Resolution No. 2025-42: Adopting a Memorandum of Understanding

with

the

Newport

Beach

Police

Management

Association

and

the

Associated

Salary

Schedule
Unlike agenda Item 4, the MOU being presented for possible adoption is included in the packet. What is peculiar about this one is that the document history on page 5-38 indicates the Mayor signed

it

on

July

3,

without

the

Council

having

acted

on

the

item

or

having

given

the

Mayor

authority

to

sign.

1 Retaining the ending dates of the board & commissioners’ 4-year terms is important to ensuring a gradual

replacement

of

position

holders

rather

than

a

wholesale

replacement

in

any

one

year.

The
original
City

Charter

Section

702, approved by voters on June 8, 1954, required the original members of 5-member

boards

to

arrange

themselves

into

something

like

a

1-1-1-2

pattern

of

yearly

appointment

numbers,

and

7-member

boards

into

a

1-2-2-2

pattern.

Apparently

in

connection

with

a

measure

to

expand

the

Planning

Commission

to

nine

members,,

this

was

changed

less

than

a

year

later

when,

at

the
April 10, 1955, Municipal election, voters approved an amendment requiring at least 1 appointment each year,

but

allowing

up

to

3. When

the

seven-member

City

Arts

Commission

was

created

by

a

Charter

amendment

that

was

part

of

Proposition

1 at

the
April 9, 1974, election, the original members may have used

that

to

organize

their

terms

into

a

1-1-2-3

annual

appointment

structure

(an

additional

Charter

amendment

in

1992

gave

the

Council

discretion

to

change

the

number

of

members

of

the

Arts

Commission

–

and

only

it

–

by

ordinance

or

resolution,

but

it

is

unclear

if

that

has

ever

been

used).The

massive

Charter

changes

wrought

by
Measure EE in 2012 rewrote Section 702, vaguely leaving the appointment

rotation

structure

of

new

boards

and

commissions

completely

to

the

discretion

of

the

Council

at

the

time

of

the

initial

appointments.

July 8, 2025, City Council agenda comments - Jim Mosher Page 3 of 5 Item 6. Resolution No. 2025-43: Requesting a CalPERS Contract Amendment

to

Eliminate

Section

20516(a)

Cost

Sharing

for

Citywide

Miscellaneous

Tier

I

Employees
The staff report indicates that getting this amendment initiated “is a matter of great urgency” because

of

pending

contract

negotiations,

but

is

less

clear

about

the

status

of

the

cost

sharing

between

now

and

when

the

amendment

is

completed,

which

it

anticipates

will

be

“at

least

a

few

months”

away

(and

it

says

nothing

about

the

amendment,

if

approved,

being

retroactive).

Who will be paying the cost sharing amounts between now and then if the contracts with the employee

groups

say

one

thing

and

the

contract

with

CalPERS

says

something

different?

Or

are

the

employee

contracts

being

written

in

such

a

way

that

they

will

pay

whatever

the

CalPERS

contract

says

(in

other

words,

make

no

change

in

cost

sharing

obligations

until

after

a

change

to

the

CalPERS

contract

is

completed)?

Item 7. Approval of a Professional Services Agreement with Arts Orange

County

to

Manage

Phase

X

of

the

Sculpture

Exhibition

in

Civic

Center

Park
The staff report implies the contractor will be working to a timeline set by the City Arts Commission.

Since the contract does not seem to have been posted in a machine-readable format, it is a little difficult

for

me

to

verify,

but

I

don’t

think

the

expectation

that

the

contractor

will

be

working

to

an

Arts

Commission

dictated

timeline

is

part

of

the

contract.

Another concern is with the agreement, in the Scope of Services on page 7-17, of the Community

Input

process

by

which

applications

for

inclusion

in

the

exhibition

become

part

of

the

public

survey

determining

the

final

selections.

While

there

may

be

a

need

to

reduce

the

entries

to

a

manageable

number

for

the

public

to

evaluate,

I

believe

that

at

one

time

the

Commission’s

role

in

that

was

limited

to

eliminating

entries

that

were

unsuitable

for

objective

reasons

(such

as

use

of

materials

not

suitable

for

2-

or

3-year

outdoor

display).

As

has

happened

in

recent

years,

Section

3.2 of

the

proposed

Scope

of

Services

appears

to

give

the

Commission

unlimited

authority

to

restrict

the

public

survey

to

pieces

that

meet

the

Commission’s

tastes.

To avoid the public being given no real choice, shouldn’t the contract set a minimum number of entries

to

be

presented

for

consideration

by

the

public?

Item 8. Irrigation Controller Replacement Phase 2 - Notice of Completion

for

Contract

No.

9735-1

(25P02)
This contract seems remarkable in that it was completed, according to this report, at the exact original

contract

price

(not

a

penny

more

or

less).

That contract, as approved as Item 5 at the March 25, 2025, meeting, included a 5% contingency, but did not allow extra compensation for unforeseen difficulties. Usually there are either

cost

savings

found

or

change

orders

made,

but

apparently

there

were

none

here.

It also seems remarkable that the work was completed in 29 days when 120 were allowed.

July 8, 2025, City Council agenda comments - Jim Mosher Page 4 of 5 Item 9. Tentative Memorandum of Understanding with Newport Beach Lifeguard

Management

Association

(NBLMA)
The effort to provide a redline of the proposed MOU for review prior to final action on it at a future

meeting

is

commendable.

However, and while I may be confused due to possibly different versions of Council agenda posted

at

different

locations,

as

of

July

7,

I

have

been

unable

to

find

the

proposed

MOU,

but

only

a

promise

it

“
will

be

available

for

viewing

prior

to

the

meeting
.”

Item 14. General Plan Update Steering Committee (GPUSC) Bi-Monthly

Update

to

the

City

Council
As a member of GPAC, but commenting as a private citizen, I would observe, as must be obvious,

that

it

has

been

more

than

two

months

since

the

last

GPUSC

“bi-monthly”

update

to

the

City

Council.

As

the

report

alludes

to,

I

suspect

the

delay

may

have

been

due,

in

part,

to

the

Council’s

decision

in

January

and

February

to

terminate

all

the

existing

GPAC

appointments

and

re-appoint

24 of

them.

I

can

say

personally

that

this

had

a

quite

demoralizing

effect

and

significantly,

and

unnecessarily,

delayed

the

effort.

It

also

resulted

in

the

loss

of

two

of

the

most

highly

engaged

members.

Partially as a result of this, I believe the Council will ultimately be receiving a largely staff and consultant

written

General

Plan,

with

relatively

small

pieces

subjected

to

citizen

review.

Absent

so

far

has

been

any

real

effort

to

compare

the

staff/consultant

proposals

to

the

current

plan,

highlighting

what

is

new

and

what

has

been

removed,

and

why.

I

hope

that

will

be

included

when

something

eventually

gets

to

the

Council.

Speaking as a citizen who attended all but one of the workshops detailed in Attachment B, I would

observe

participation

was

considerably

less

“robust”

than

it

may

appear

from

the

report.

At

the

earlier

workshops,

the

few

unaffiliated

citizens

in

attendance

were

far

outnumbered

by

staff,

consultants

and

GPAC

members.

And

even

counting

better

attendance

at

the

final

one,

the

fraction

of

the

Newport

Beach

population

providing

input

remains

extremely

small.

Participation through the Newport, Together website also appears to have been minimal, suggesting most of the public may not even be aware of the update effort. It looks like no comments have been added through it since December, and very few before that.

Item 17. Fourth Amended and Restated Employment Agreement for City

Manager
This proposed Agreement, which was apparently developed in closed session, strikes me as fiscally

irresponsible.

The City already has a contract for Grace Leung’s services through December 30, 2026. That contract

provides

for

no

extra

or

continuing

compensation

in

the

event

she

voluntarily

ceases

to

provide

those

services;

that

is,

if

she

retires

prior

to

its

end,

such

as

on

December

30,

2025.

While

it

is

true

the

existing

contract

provides

an

extremely

generous

severance

package

should

the

Council

involuntarily

terminate

Ms.

Leung

prior

that

Agreement’s

normal

end,

Council

members

have

repeatedly

praised

her

performance.

July 8, 2025, City Council agenda comments - Jim Mosher Page 5 of 5 The present proposal allows Ms. Leung to leave at the end of 2025, yet be paid, in effect, through

the

end

of

calendar

year

2026,

without

having

to

provide

any

services

to

the

City

during

that

final

year

of

the

current

contract

–

a

year

in

which

City

taxpayers

will

have

to

pay

a

different,

and

possibly

higher-paid

City

Manager

to

provide

the

services

that

Ms.

Leung

will

effectively

be

paid

for

but

not

providing.

Given the Council’s public praise of Ms. Leung, I see no reason to alter the existing contract and put

taxpayers

to

this

extra

expense.

If

Ms.

Leung

wishes

to

retire

on

December

26,

that

is

her

choice,

but

neither

the

Council,

nor

Newport

Beach

taxpayers,

should

be

under

any

obligation

to

pay

her

anything

extra

for

doing

so.

Should the Council, alternatively, regard this as a retirement gift – a bonus for extraordinary service

during

her

tenure

here

–

I

believe

that

would

run

afoul

of

the

California

Contsitution’s
Article XI, Section 10 prohibition against cities, including charter cities, 2 granting extra compensation for work contracted for and already performed. As we have been frequently reminded,

California

courts

have

carved

out

exceptions

to

this

rule

allowing

retroactive

adjustments

during

a

time

of

contract

negotiation,

but

that

is

not

the

circumstance

here,

since

this

does

not

seem

in

any

way

related

to

retaining

or

continuing

service.

Similarly,

we

have

been

reminded

that

charter

cities

are

not

prohibited

from

making

gifts

of

public

funds

unless

such

a

restriction

is

self-imposed

in

its

charter.

But

not

being

prohibited

in

general

does

not

mean

they

are

allowed

to

make

a

gift

expressly

precluded

by

the

Constitution.

Given all this, if the public praise was insincere, and the Council has found some reason it wants

to

terminate

Ms.

Leung,

but

cannot

do

so

“for

cause,”
3 then

the

staff

report

should

clearly

lay

out

the

options

available.

Of

particular

interest

would

be

how

the

cost

to

taxpayers

of

an

involuntary

separation

on

December

26,

2025

(or

some

earlier

or

later

date),

subject

to

the

existing

severance

provisions,

compares

to

the

cost

of

the

present

proposal.

Item 18. Eighth Amended and Restated Employment Agreement for City

Attorney
It would have been helpful to provide a redline of the current agreement (contract C-7034-5) compared to this proposed one. I also have trouble deducing from either the staff report or Attachment C how the annual cost of the

proposed

agreement

compares

to

the

cost

expected

under

the

existing

agreement.

In view of the previous agenda item, the Council might wish to reconsider the extremely generous

severance

packages

it

is

offering

its

employees.

In

the

present

case,

the

proposal

will

apparently

roll

back

to

12 months

the

existing

promise

of

18 months

severance,

which

roll-back,

without

the

amendment,

would

not

have

happened

until

March

2026.

However,

one

might

wonder

why

even

12 months

is

being

offered?

It

seems

to

significantly

restrain

the

Council’s

ability

to

change

employees

even

when

it

thinks

a

change

would

benefit

the

City.

3 Under

the

current

Agreement,

a

“for

cause”

separation

requires

no

additional

compensation

of

any

kind

to

be

paid

beyond

the

separation

date.

2 The otherwise plenary authority to set employee compensation granted to charter cities by Section 5 is expressly

limited,

in

that

section,

by

the

other

provisions

of

Article

XI.

← All documents from this meeting