Cities Index.
Written Comments

Newport Beach City Council
September 8, 2025

Document
Written Comments
Meeting
September 8, 2025
Body
Newport Beach City Council
Pages
375
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1.0 MB
Text extracted from the city's file for reading and search. Open the original on newportbeach.legistar1.com. That file is the official record.

August 26, 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 July 22, 2025, Regular City Council Meeting and July 29, 2025, Special 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 363 ends

Chief included an increase in each of their base salaries by 9% for the Fire Chief and Assistant Fire Chief; and 6% for the Assistant Chief and Lifeguard Operations, effective July 12, 2025; 4% increases for all three positions effective July 11, 2026; and 4% increases in all three positions effective July 10, 2027.” [see video]

Page 364 ends

Councilmember Grant, and unanimously carried by those members present (Councilmember Barto absent), to approve the Consent Calendar including amendments to Agenda Item 1; staff requested continuance of Agenda Item 3; amendment to Agenda Item 6, Exhibit B; and with noted recusals on Agenda Items 3, 5 and 15.” [Note: although Item 3 was continued, recusals with regard to it are noted earlier on the page]

Page 365 ends

probably include the reason, as the previous page noted there were recusals, but did not say why. Something in keeping with the style of the other notes might be: “Councilmembers Weber, Grant, and Mayor Pro Tem Kleiman recused themselves from Agenda Item 3 citing real property conflicts of interest.”

Page 370 ends

report shows allocations funds that were received from the federal government, but it is unclear exactly how much money we have to spend and if we do not spend it, what are the City’s options. Mr. Mosher further noted that it is unclear whether we have $402,000 or $315,000 to spend; reviewed historical loan and payoff funding for the improvements in Balboa Village that appears to have gone away; noted an administrative fee from MicroBaker Michael Baker International and questioned how they were chosen; noted that under “Capital Projects” there is an amount that seems to exceed the limit and questioned whether it was a typographical error; additiona;ly additionally under “Capital Projects” there is an application from Trellis who works in senior home maintenance and it appears that would have been a good project to fund; and noted the Consolidated Action Plan is provided in the staff report by a link and is incomplete due to the inclusion omission of appendices one of which explains the public survey process.”

Page 375 ends

opinions from the City Attorney; noted that there was no announcement of an appointment at the last City Council meeting; voiced his objection to the process especially because there is no urgency about this matter; noted the City Council has five months before needing to appoint a City Manager; explained that the hiring processes should be followed per the City Charter; noted that the Charter requires the screening of applicants but to his knowledge there was no application process; reviewed the two previous City Manager appointments that had included a Received After Agenda Printed
August 26, 2025
Written Comments
August 26, 2025, City Council agenda comments - Jim Mosher Page 2 of 9 nationwide search; and stated what he thought there were ethical lapses with the proposed City Manager

appointee
.”

Page 375 ends

people

to

be

in

charge

of

the

City;

…”

[delete

comma]

Item 3. Ordinance 2025-19: Amending Title 11 (Recreational Activities) of

the

Newport

Beach

Municipal

Code

Related

to

the

Prohibition

of

Climbing

on

Railings

of

Public

Property

and

Amending

Title

11 (Recreational

Activities)

Related

to

Swimming

Regulations

and

Restrictions

on

Diving,

Jumping

and

Climbing

on

Public

Property

Adjacent

to

Waterways
I am always troubled to see ordinances being both introduced and adopted on the consent calendar.

It

means

that

we

are

expanding

our

Municipal

Code

with

an

ever-increasing

number

of

laws

that

have

never

been

carefully

reviewed

in

public,

let

alone

debated.

In the present case, the preamble (on staff report page 3-3) to the proposed ordinance indicates its

intent

is

confined

to

jumping

into

water.

But

the

proposed

new

NBMC

Section

11.12.140
1 “prohibiting

the

climbing

on

railings

of

public

property”

doesn’t,

when

read

in

isolation,

have

anything

to

do

with

swimming

or

recreation.

So,

doesn’t

it

seem

illogical

to

place

it

within

a
NBMC chapter entitled “Swimming Regulations” under the broader NBMC title of “Recreational Activities”? Wouldn’t something about climbing on public property in general make more sense in Title 10 (Offenses and Nuisances) or Title 13 (Streets, Sidewalks and Public Property)? One might also ask if there is not already some law that would allow the police to intervene if someone

is

seen

perched

on

the

railing

of

a

bridge

or

structure

that

is

not

near

water,

in

a

manner

suggesting

intent

to

do

something

placing

themselves

or

others

in

imminent

danger?

1 Although the staff report refers to it as a “Chapter,” it should be evident from page 3-4 that “11.12.140” will

actually

be

a

“Section”

within

Chapter

11.12. August 26, 2025, City Council agenda comments - Jim Mosher Page 3 of 9 For example, is there no current way to prevent people from balancing on the railing of the cantilevered

bridge

in

the

Civic

Center

Park

(pictured

above)?
Alternatively, if, as the preamble suggests, the intent is indeed to confine this to regulation of climbing

related

to

diving

or

jumping

into

water,

rather

than

adding

a

new

section,

would

it

not
make more sense to add the new regulations to (and combine them with) existing Section 11.12.150 (Diving or Jumping from Public Property) to make obvious the connection with diving and jumping into water (which are swimming regulations)? In other words, wouldn’t it be better, simpler

and

more

concise,

to

simply

propose

to

add

between

the

first

and

second

sentences

of

existing

Section

11.12.150

something

like

“
It

is

additionally

unlawful

to

climb

on

such

structures

with

an

apparent

intent

to

dive

or

jump
”?

As to the revisions that are proposed to existing Section 11.12.150, the item is unusual in that neither

the

staff

report

nor

a

redlined

version

reveals

what

the

revisions

might

be,

or

why

those

particular

changes,

whatever

they

might

be,

are

being

proposed.

A comparison with the existing code suggests that the changes are confined to wordsmithing, likely with no intent to change the meaning of the existing code. That said, it is not obvious the proposed revisions are entirely an improvement or that they have caught

all

the

problems

with

the

existing

code.

In some respects, it may be too broadly written. For example, what is meant by “ or otherwise enter

the

water
”?

Is

it

a

misdemeanor

for

a

boat

owner

to

step

over

a

public

bulkhead

or

seawall

to

“enter

the

water”

to

get

to

their

on-shore

mooring?
In other respects, it may be too narrowly written. For example, are the lists it contains meant to be

exhaustive?

Or

to

be

representative

of

the

kinds

of

things

listed?

If

the

latter,

the

regulation

would

normally

say

something

like

“including

but

not

limited

to,”

which

this

does

not.

In addition to the lack of exceptions for persons legitimately using public property to access the water,

even

the

existing

exception

confined

to

“
City

employees

or

City

contractors

who

are

performing

their

official

duties
”

seems

too

narrow.

Don’t

City

employees

host

events

at

which

Junior

Guards

and

even

Council

members

are

invited

to

jump

from

the

Newport

Pier?

I

don’t

believe

the

Junior

Guards

are

City

employees

or

City

contractors.

Do

we

regard

them

as

criminals

if

they,

or

anyone

else,

follow

a

City

employee’s

instructions

to

jump?

Item 4. Ordinance No. 2025-11: Amending Section 9.04.470 (Local Agency

Very

High

Fire

Hazard

Severity

Zone)

To

Adopt

the

2025

Moderate,

High,

and

Very

High

Fire

Hazard

Severity

Zones,

As

Designated

By

The

California

Department

of

Forestry

and

Fire

Protection

and

Pursuant

to

California

Government

Code

Section

51178
As the staff report indicates, this ordinance was introduced on July 8 with a note that state law required it to be adopted by July 22. Yet, at the July 22 meeting, the adoption was, without explanation, postponed to the present meeting.

August 26, 2025, City Council agenda comments - Jim Mosher Page 4 of 9 The present report continues to lack explanation of why the item was postponed (there do not be

any

changes

to

the

July

8 version

proposed)

or

what

the

consequences

of

missing

the

state-mandated

deadline

might

be.

Is the ordinance being presented for adoption the same as that introduced on July 8? Why was the adoption delayed? What are the consequences of missing the state-required adoption date? My guess is the consequences may be confined to the City losing the ability to add areas to the state

map,

but

I

don’t

know

if

this

is

correct.

Item 8. Ordinances Nos. 2025-15 and 2025-16: Newport Beach Municipal

Code

Amendments

Related

to

Short

Term

Lodging

(PA2023-0116)
As I indicated at the first reading, in addition to the issue regarding the 20-unit minimum ownership

requirement

to

qualify

for

a

STL

permit

in

a

mixed

use

area,

there

is

a

conflict

between

the

City’s

understanding

of

the

City’s

1,550

STL

permits

cap

and

the

Coastal

Commission’s

understanding

of

it.

As

proposed

here,

the

Coastal

Commission

understands

1,550

to

be

the

City’s

limit

for

permits

in

the

coastal

zone,

alone,

whereas

the

City

understands

it

to

be

the

limit

on

STL

permits

in

the

entire

city

(including

both

the

coastal

zone

and

areas

outside

the

coastal

zone).

Before

adopting

this,

the

Council

should

be

careful

it

understands

the

possible

consequences

of

that

difference

in

interpretation.

Item 9. Ordinance No. 2025-17: Approving the Third Amendment to Development

Agreement

No.

DA2012-003

for

the

Uptown

Newport

Planned

Community

located

at

4321

Jamboree

Road

(PA2025-0010)
If the Council members have reviewed public comments received at the June 19, 2025, Planning Commission meeting where this agreement was reviewed (see video) they will know they have constituents who bought into the Uptown Newport concept on the belief that the landlord

had

an

agreement

with

the

City

that

the

TowerJazz

semiconductor

plant,

next

to

which

they

live,

and

the

disturbances

it

generates,

would

be

gone

by

a

date

certain.

This amendment, if approved, would extend that end date by 3.5 years. Since the agreement is contingent

on

public

benefits

to

be

provided

by

the

developer,

they

thought

it

would

be

reasonable

for

the

City

to

require

additional

benefits

to

compensate

for

the

additional

and

unanticipated

inconveniences

residents

would

be

put

to

by

the

delay.

Yet

the

present

proposal

does

not

include

any

new

public

benefit

in

return

for

the

extension.

While I am not sure that phasing out industrial uses is in the best interests of the City, I am sympathetic

to

the

residents’

concerns,

and

feel

an

increased

benefit

is

appropriate

in

return

for

an

extended

term.

It might be noted that this amendment places the anticipated closing date of TowerJazz beyond the

ending

date

of

the

current

development

agreement.

And

I

understand

an

extension

of

the

agreement

itself

is

being

negotiated.

I

hope

the

delay

in

the

previously-agreed-to

closing

date

for

TowerJazz

will

be

factored

into

the

public

benefit

needed

to

extend

the

term

of

the

agreement.

August 26, 2025, City Council agenda comments - Jim Mosher Page 5 of 9 It might be noted that at the June 19 hearing, Mr. Shopoff, the developer, said he expected TowerJazz

to

close

“much

sooner”

than

the

3.5 years.

But

years

ago,

Mr.

Shopoff

similarly

promised

he

would

move

heaven

and

earth

to

get

Uptown

Newport

moved

from

the

Santa

Ana

Unified

School

District

to

the

Newport

Mesa

Unified

School

District,

so

that

its

residents

could

feel

truly

part

of

the

larger

community.

And

nothing

happened.

Item 10. Ordinance No. 2025-17: Approving the Third Amendment to Development

Agreement

No.

DA2012-003

for

the

Uptown

Newport

Planned

Community

located

at

4321

Jamboree

Road

(PA2025-0010)
As I attempted to argue to the Coastal Commission, without much success, the ordinance, as proposed, appears to not update the map of the planned community in Section 21.80.065 of the LCP Implementation Plan. As a result, the map will be out of sync with the text, showing a location

for

“a

tennis

clubhouse,

bungalows

and

villas”

whereas

the

text

will

specify

“a

tennis

and

pickleball

club,

villas,

condominiums,

and

a

hotel.”

Item 15. Alley Reconstruction (Assessment District 111, Underground Utility

District

22 Phase

2 and

Assessment

District

124

Phase

0 Areas)

-

Notice

of

Completion

for

Contract

No.

8820-2

(23R07)
For those not following this closely, the staff report does not explain why “ the poles along North Bayfront

alley

have

not

been

removed
”

if

this

“
was

the

final

step

in

the

utility

undergrounding

process

after

power

pole

removal

and

associated

water

main

replacement

efforts

in

the

AD

111

area
.”

Was

it

never

the

plan

to

remove

them?

Or

is

this

not

really

the

“final

step”?

Item 16. Approval of Professional Services Agreement with Verde Design,

Inc.

for

Bonita

Creek

Park

Athletic

Field

Synthetic

Turf

Replacement

(Project

No.

26P11)

(Contract

No.

9890-1)
Is this one of the first synthetic turf installations in the city? It would have been helpful to indicate if

the

turf

to

be

replaced

has

performed

as

expected.

Also, was (or should) the decision to continue with synthetic turf have been reviewed by the Parks,

Beaches

and

Recreation

Commission?
A little history would have been helpful, since this is only preliminary to a larger contract to come.

Item 21. Temporary Fire Station No. 1 Project - Award of Contract No. 8865-3

(23F12)
This project to create a temporary fire station in a portion of the Balboa Pier Parking Lot generated

considerable

pushback

from

nearby

residents

when

it

was

presented

to

the

Zoning

Administrator,

including

how

ingress

and

egress

would

be

handled.

Have

their

concerns

been

addressed?

August 26, 2025, City Council agenda comments - Jim Mosher Page 6 of 9 Item 29. Approval and Award of Printing Services Agreement for Newport

Navigator

Magazine

with

Advantage

Mailing

LLC
It might have been helpful to indicate which, if any, of the bidders is the incumbent contractor.

From

the

City

Clerk’s

contracts

database,

it

looks

like

the

City

last

constracted

with

Trend

Offset

Printing,

but

they

assigned

the

contract

to

Mittera,

who

is

the

incumbent,

in

2021

per

contract
C-8631-2A.

Item 32. Appointment of William Lobdell as the Newport Beach City Historian

Laureate
Not to detract from Mr. Lobdell’s fine accomplishments, but in completing its review, did the ad hoc

nominating

commitee

consider

or

have

any

other

applicants

to

review?

The

staff

report

does

not

seem

to

say.

Item 33. Confirmation of Nominees to Serve on the Aviation Committee
I have multiple misgivings about the recent reorganization of the Aviation Committee, and am disappointed

that

I

am

not

one

of

the

nominees

despite

having

had

an

application

on

file

far

longer

than

most

of

those

being

considered.

I am, nonetheless, somewhat pleased to see the Council being asked to follow a public process with

two

nominees

for

each

position

and

the

final

selection

to

be

voted

upon

by

the

full

Council

at

its

next

meeting.

The reasons I am only somewhat pleased include the staff report’s statement that the 10 candidates

were

selected

from

23 applications

by

the

Aviation

Ad

Hoc

Committee,

which

it

identifies

as

consisting

of

Councilmember

Barto,

Mayor

Pro

Tem

Kleiman

and

Mayor

Stapleton.

1. I thought the Aviation Ad Hoc Committee had sunset upon making its recommendation to adopt Resolution No. 2025-31 as Item 10 at the June 10, 2025, Council meeting. 2. Even if the Aviation Ad Hoc Committee continues to exist, its members, according to the minutes of the February 25, 2025, Council meeting at which it was created, and confirmed in the June 10 report, consist of Mayor Pro Tern Lauren Kleiman and Councilmembers

Michelle

Barto

and

Noah

Blom

(not

Mayor

Stapleton).

3. Screening applications does not appear to be a duty the Aviation Ad Hoc Committee was ever

charged

with.
2 And, it seems necessary to point out this process is at odds with that set forth in the enabling resolution

for

the

committee,

provided

as

Attachment

A

to

the

staff

report.

The

relevant

provision

(see

page

33-7)

clearly

states

that

“
Up

to

five

(

5)

citizen

members

shall

be

appointed

by

the

Mayor,

subject

to

confirmation

by

the

City

Council
.”

There

is

nothing

about

the

full

Council

making

selections

from

a

wider

field.

2 Resolution No. 2025-10 creating the Aviation Ad Hoc Committee does include a responsibility to review and

make

recommendations

regarding

“membership,”

but

I

take

that

to

mean

setting

qualifications

to

be

a

member,

not

screening

applications

for

membership.

Even

more

importantly,

the

Resolution

No.

2025-31

they

recommended

adopting

includes

no

further

role

for

the

Ad

Hoc

Committee

and

explicitly

places

responsibility

for

selecting

Aviation

Committee

appointees

with

the

Mayor.

August 26, 2025, City Council agenda comments - Jim Mosher Page 7 of 9 The staff report cites City Council Policy A-2 as dictating the method of selection, requiring two nominees for each position and final selection by the full Council, despite what the enabling resolution

for

the

committee

might

say

to

the

contrary.

In

fairness

to

the

Interim

Clerk,

her

choice
to follow Policy A-2 seems based on the Council’s action on Item 10 at the June 10, 2025, to both adopt Resolution No. 2025-31, saying the Mayor makes the appointments, and “ Direct the City

Clerk

to

initiate

the

process

for

filling

the

vacancies

on

the

Aviation

Committee

pursuant

to

the

Maddy

Act

and

City

Council

Policy

A-2
.”
At the very least, it is confusing to adopt a resolution setting one procedure for appointment and simultaneously

give

direction

to

the

Clerk

to

do

something

different.

It

certainly

puts

the

Clerk

in

an

awkward

spot.

I am not sure which prevails, but much as I prefer the A-2 procedure, I would tend to think the method

dictated

by

the

resolution

takes

precedence.

Setting all this aside, of the candidates being considered, I would recommend the Council give special

attention

to

Jack

Stranberg,

one

of

the

proposed

holdovers

from

the

current

Aviation

Committee.

Based

on

my

attendance

at

those

former

Committee

meetings,

it

is

my

impression

that

Jack

has

been

instrumental

in

persuading

Southwest

Airlines,

by

far

the

dominant

commercial

carrier

at

John

Wayne

Airport,

to

greatly

increase

the

fraction

of

their

routes

being

flown

by

the

Boeing

737

MAX

8,

which,

although

not

perfect,

is

both

quieter

than

the

planes

it

will

replace,

and

can

fly

the

same

number

of

people

with

fewer

departures.

This

started

on

August

5th,

and

is

one

of

the

few

positive

accomplishments

in

recent

years.

Item 35. Resolution No. 2025-55: Ford Road Townhomes Appeal (PA2025-0049)
I think it is important for the public to understand that approval of this market rate housing development

will

do

nothing

whatsoever

to

help

Newport

Beach

meet

its

state-mandated

housing

obligations.

Yet, based on information in the staff report and elsewhere, even if the Council thought it both unnecessary

and

incompatible

with

the

neighborhood,

recent

changes

to

state

law

give

it

little

or

no

latitude

to

deny

the

project.

At

most,

it

could

require

the

applicant

to

comply

with

all

the

Objective

Design

Standards

recently

adopted

by

the

Council.

The reason it will do nothing, is that the City faces no current requirement to provide more market

rate

housing,

having

already

approved

more

than

enough.

What it continues to face a requirement for, and a large one, is to allow new housing for households

with

moderate,

low

and

very

low

incomes.

This unfortunate situation of being forced to approve something that is not required, while at the same

time

not

helping

with

what

is

required,

is

the

result

of

bad

decisions

on

the

part

of

the

City.

While designated this as a “housing opportunity site” in the 6th Cycle Housing Element was not necessarily a bad decision, promising that it could specifically yield 6 moderate and 19 low/very low

income

units,

and

then

rezoning

it

with

no

requirement

to

produce

any

of

those

units

was.

August 26, 2025, City Council agenda comments - Jim Mosher Page 8 of 9 Had the zoning required those units, we would be making some, however modest, progress toward

our

requirements

to

provide

affordable

units.

As

it

is,

the

failure

of

those

to

appear

not

only

means

no

progress,

but

actually

eats

into

the

buffer

the

Council

approved.
3 Item 37. Agreement for Purchase and Sale and Escrow Instructions with

3848

Campus

L.P.

for

the

Purchase

of

Real

Property

at

3848

Campus

Drive
Historically, property in Newport Beach has appreciated in value. But speculating in real estate is

inherently

risky

and

not

normally

the

sort

of

thing

a

city

would

do

with

its

funds.

In

this

case,

the

current

owner

evidently

thinks

it

is

time

to

sell.

In

other

words,

that

the

property’s

value

is

likely

to

fall,

or

at

least

that

his

money

would

do

better

invested

elsewhere.

It is not clear that City staff disagrees with that, for it seems to be recommending snapping it up at

substantially

more

than

its

assessed

value

not

as

an

investment,

but

rather

for

some

needed

future

use.

The specifics of what that future use might be, and when the need will arise, seem suspect. It has previously been suggested that the Newport Center Fire Station needs to move to the current

Transportation

Center

location

north

of

the

City

Hall

and

that

the

City

needs

to

find

a

new

location

for

the

Transportation

Center,

with

3848

Campus

Drive

now

being

revealed

a

logical

location.

But I put in a Public Records Act request for the study purportedly showing the Transportation Center

would

be

a

better

location

for

the

fire

station,

and

the

City

could

find

none.

And

OCTA,

based

on

their

letter

in

the

agenda

packet,

seems

at

best

lukewarm

on

the

idea

of

moving

at

all,

and

especially

skeptical

of

the

idea

that

3848

Campus

Drive

would

be

a

better

location

for

a

Transit

Center

than

its

present

one.

At the same time, doesn’t being near a transit center increase the value and usability of neighboring

properties?
Is it possible the seller sees a chance to make a quick profit on this parcel while increasing the value

of

other

parcels

he

owns

nearby?

Item XXII.A.1. Pacaso, Inc. v. City of Newport Beach It was probably inevitable that Pacaso, Inc., the purveyor of fractional ownership timeshare residences,

would

sue

the

City.

However, it might be worth reminding the Council that from the outset, the City’s legal position was

significantly

undermined

by

the

current

City

Manager

designate

making

public

statements

in

his

role

as

Community

Development

Director

that

the

City’s

existing

codes

could

not

be

used

to

prohibit

Pacaso’s

operations.

This

conclusion

required

a

tortured

reading

of

the

codes,

ignoring

their

history.

As

many

residents

pointed

out,

an

equally

or

even

more

plausible

reading

would

have

been

that

the

existing

timeshare

regulations

prohibited

Pacaso’s

operations

from

the

start,

and

that

all

the

facilities

they

had

created

were

illegal

and

could

be

removed.

3 The buffer allows for affordable units not materializing as promised, but once it is exhausted, the City will have

to

identify

still

more

sites

at

which

affordable

units

can

both

be

allowed

and

expected.

August 26, 2025, City Council agenda comments - Jim Mosher Page 9 of 9 As a result of the Director’s pronouncements, the City had to embark on a lengthy process of making

cosmetic

amendments

to

the

timeshare

codes

to

restate

their

original

intent,

during

which

time

more

timeshares

were

established

and

are

now

“grandfathered

in”

to

the

detriment

of

their

neighbors.

One might hope the Council will expect greater caution from their City Manager designate in the future

(as

well

as

from

the

next

Community

Development

Director).

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