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Written Comments

Newport Beach City Council
October 14, 2025

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Written Comments
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October 14, 2025
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Newport Beach City Council
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October 14, 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 X. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS
This item, which was formerly just an announcement read by the City Clerk about the Council’s procedures regarding public comments and not itself an invitation to speak, is a little confusing.

As the Mayor may explain, this now seems to be the one and only chance to comment on non-agenda items and agenda Item XI (“Matters Which Councilmembers Have Asked to Be Placed on a Future Agenda”), but not the only chance to speak on all other agenda items (for which separate invitations will be extended), and maybe not even a chance to comment on them (it is not clear if members of the public get two chances to speak regarding those other items, once here and once when they’re called).

As a non-agenda comment, on October 8, soon-to-be-City Manager Seimone Jurjis made an excellent Speak Up Newport presentation regarding the City’s housing plans. One theme was the constantly changing and sometimes contradictory direction given by the state. As a further example of that conflicting direction, the Council may wish to learn more about the California Court of Appeals opinion published on October 10 in the case of New Commune DTLA LLC et al. v. City Redondo Beach et al. In a ruling binding on lower courts, the appeals court appears to have found that HCD has incorrectly certified house elements that, like Newport Beach’s, rely on “housing overlays” to meet more than 50% of their affordable housing obligations while leaving the original non-residential zoning as a continuing option. As a result, Redondo Beach was declared out of compliance with state housing laws irrespective of HCD's certification to the contrary. As a non-lawyer, it would seem to me that Newport Beach might be vulnerable to a similar challenge, so some discussion of what needs to be done to correct that might be wise.

Item XI. Matters Which Councilmembers Have Asked to Be Placed on a Future Agenda
As someone who frequently uses a bicycle as a means of transportation, I support the idea of reviewing and making improvements to the City’s current regulations affecting bike safety. But I think this needs to be a matter of public discussion. I do not support directing staff to privately decide what is best for the residents and come back with a series of ordinances for ratification on the consent calendar, without Council discussion or a chance for effective public input.

It is, therefore, unfortunate that these requests for future agenda items are themselves listed as a “Non-Discussion Item” making a clarification of their intent impossible.

I hope that if a majority of the Council supports this item, staff takes that as direction to prepare a study session at a future meeting, and not to prepare ordinances or resolutions before the Council and public have been given an opportunity to review the issues and potential solutions.

Received After Agenda Printed
October 14, 2025
Written Comments
October 14, 2025, City Council agenda comments - Jim Mosher Page 2 of 4 Item 1. Minutes for the September 23, 2025, Regular 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 410 , Item IV, bullet 1: “ Mayor Stapleton recognized Friends of the Library President Amy Hunt

who

was

joined

by

Board

Members

Catherine

Wallach,

Becky

Halladay, and Janet Callister
and

presented

Library

Services

Director,

Melissa

Hartson

with

a

$250,000

check
.”

Page 410 ends

Operations

Manager;

Board

Members

Mario

Cuevas, and Diane Daruty, ; Board Member and
Naturalist

Maureen

Flanagan;

Julie

Powers,

Treasurer;

Board

President

Bryan

Tsu

and

Co-Vice

President

Bettina

Eastman
.”

Page 419 ends

Associate

Planner

Oscar

Orozco

presented

the

staff

report

including

a

PowerPoint

presentation

reviewing

details

of

the

urgency

ordinance

and

resolution;

the

background

of

the

item;

noted

illegal

activity

at

tobacco

retailers;

reviewed

the

temporary
moratoriums’ moratorium’s timetable and
proposed

code

revisions
.”

Page 420 ends

previously

considered

A-1

item

as

well

as

indicated

in

the

title

of

the

agenda

item;

thanked

her

colleagues

on

the

City

Council

for

their

support;

emphasized

the

importance

of

putting

protections

in

place

for

the

community;

and

was

fully

supportive

of

moving

forward
.”

Item 3. Ordinance No. 2025-26: Adding Chapter 6.30 Prohibition of Sale and

Distribution

of

Flavored

Tobacco

Products
There would seem to be some confusion about the scope of this ordinance, which emphasizes why introducing

and

adopting

ordinances

on

the

consent

calendar

is

highly

problematic.

As pages 419 and 420 of the draft minutes from September 23 indicate, when the Council considered

initiating

Zoning

Code

amendments

to

address

tobacco

sales,

Council

member

Grant

asked

if

they

could

also

initiate

code

amendments

revising

the

locations

where

smoking

is

allowed,

and

Mayor

Pro

Tem

Kleiman

assured

her

that

was

already

included

within

the

scope

of

what

they

were

initiating,

as

did

City

Attorney

Harp.

However,

most

of

the

restrictions

about

where

smoking

is
allowed appear not in the Zoning Code (Title 20 and for the coastal zone, the similar Title 21), 1 but rather in Title 6 (“Health and Sanitation”) and specifically in Chapter 6.25 (“Regulation of Smoking in Public Areas”). Although nothing in the present agenda item title (copied above) or staff report indicates it has any purpose

other

than

to

add

a

new

chapter

prohibiting

the

sale

and

distribution

(but

not

use)

of
flavored tobacco products, as I pointed out in my written comments when it was introduced on September 23, half of it consists of revising Chapter 6.25. One discovers this only upon reading the full

title

of

the

ordinance

in

recommendation

“b”.

In

other

words,

this

ordinance

seems

to

be

City

1 In Title 21, references to smoking appear only in the definition of “smoking lounge” as a land use. Title 20 contains

additional

scattered

restrictions

on

where

smoking

can

occur

and

consideration

of

exposure

of

neighboring

properties

to

secondhand

smoke

in

granting

some

conditional

uses.

October 14, 2025, City Council agenda comments - Jim Mosher Page 3 of 4 staff’s response to the Council’s September 9th “A-1” directive “ initiating a comprehensive review of regulations related to smoking and nitrous oxide .” I agree with Council member Grant that a more thorough review of the City’s smoking regulations, with

public

discussion,

would

be

good,

and

much

better

than

simply

rubber-stamping

whatever

appears

on

the

consent

calendar.

Item 4. Ordinance No. 2025-27: Adding Chapter 6.40 Prohibition of Sale, Distribution

and

Use

of

Nitrous

Oxide
My comments on this ordinance are the same as I submitted when it was introduced on September 23. Like the preceding item, I think it would have benefitted from public discussion. The same could be

said

for

Items

5 through

7,

all

introduced

and

now

being

proposed

for

adoption

on

the

consent

calendar.

Item 8. Resolution No. 2025-65: Creating the Newport Beach Police Headquarters

Assessment

Committee
Since it was not obvious when the request for this item was presented as an “A-1 item” on September 23, I am pleased to see the committee will hold all its meetings in public. It does, however, seem to me that the more than three years the committee is allowed to make its recommendations

(see

“Expiration”

on

page

8-8)

is

a

bit

excessive.

Wouldn’t

a

less

distant

deadline

encourage

pursuing

the

committee’s

goal

more

diligently?

Item 10. Balboa Yacht Basin Maintenance Dredging - Award of Contract No.

9944-1

(26H13)
It would have been nice to see more than one bid. Also, given that the City is the landlord, it seems a little strange that it would let the tenants decide whether

they

want

to

allow

the

dredging

to

include

the

areas

beneath

their

individual

slips.

With

the

expectation

of

a

complete

rebuild

in

two

years,

and

the

possibility

there

will

be

no

disposal

site

available

at

that

time,

wouldn’t

it

be

better

to

require

the

tenants

to

move

out

the

contractor’s

way

so

all

the

dredging

can

be

completed

now?

(it

might

also

be

less

expensive)

Item 11. Approval to Purchase Three 2026 or Newer Model Year Rescue Ambulances

from

Professional

Sales

and

Service,

L.C.

For reasons unclear to me, Council Policy F-9 not only places a 100,000 mile limit on front-line ambulances, but also allows the retired units to be kept in reserve for no more than four years (seemingly,

even

if

not

used).

The

staff

report

does

not

clearly

indicate

the

age

or

status

of

the

current

reserve

units.

Also, the price of ambulances appears to be increasing much more rapidly than inflation in general.

Does

staff

expect

that

trend

to

continue

or

to

abate?

If

it

is

expected

to

continue

at

a

similar

pace,

would

it

make

sense

to

buy

more

units

at

current

prices

and

place

them

in

storage

until

needed?

October 14, 2025, City Council agenda comments - Jim Mosher Page 4 of 4 Item 13. Approval of the Lecture Hall Auditorium Naming Rights Agreement
It is commendable there are people willing to donate money to commemorate a name other than their

own.

This reminds me of an instance connected with the fundraising for the expansion of the Central Library

in

which

the

Board

of

Library

Trustees

was

asked

by

the

Foundation

to

approve

signage

mockups

for

new

rooms

with

such

names

as

the

“Charles

Dickens

Reading

Area,”

the

“Emily

Dickinson

Study

Room”

and

the

“John

Steinbeck

Lounge.”

The

Trustees

naively

imagined

the

Foundation

was

proposing

to

find

fans

of

those

authors

willing

to

donate

to

fund

the

signs,

when

the

intent

was

actually

to

find

donors

interested

in

replacing

the

authors’

names

with

their

own.

So it is good the Foundation has found people interested in honoring the Foundation rather than themselves.

That said, the naming of an “auditorium” within a “lecture hall” seems a bit strange to me. Normally, I

would

think

of

an

auditorium

as

something

larger

than

a

lecture

hall.

But

in

the

literal

sense

of

an
auditorium being a place in which listening occurs, I guess having such a space within a lecture hall building could make sense.

Item 14. Annual Review of Visit Newport Beach Audited Financial Statements

and

Expenditure

Report
I am not an accountant, so most of this reporting is difficult for me to comprehend. Among the questions

I

have

trouble

finding

answers

to:
● Are we to understand that VNB is now 100% funded by the City, 2 or does it have other
sources

of

revenue

or

other

clients?
● Is there any continuing overlap between the personnel serving VNB and those serving other operations,

such

as

the

Meetings

Assessment

Partnership?

If

so,

how

are

the

activities

and

the

time

and

expenses

devoted

to

each

segregated?
● With Newport Beach & Company having dissolved, are the “NB&Co Fees” on page 14-40 and

addressed

in

Note

B

on

page

14-41

a

thing

of

the

past?

Will

any

similar

fees

replace

them?
● Are the “Community Sponsorships” on page 14-40 and addressed in Note A on page 14-41 also

a

thing

of

the

past?

I

can

see

how

providing

marketing

for

events

that

might

boost

tourism

could,

possibly,

fit

under

the

services

the

City

is

paying

VNB

for,

as

listed

on

page

14-39.

But

I

don’t

see

VNB

giving

the

City

money

to

other

organizations

of

VNB’s

choosing

listed

as

a

service

requested.

2 A note under “TOT” on page 14-11 suggests VNB could now be 100% City-funded (“ For the years ended June

30,

2025

and

2024,

the

Organization

received

approximately

100%

and

66%,

respectively,

of

its

service

fee

revenues

from

the

City

through

the

TOT
”),

but

I

am

not

sure

that

“service

fee

revenues”

are

VNB’

only

revenues.

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