Cities Index.
Written Comments

Newport Beach City Council
October 28, 2025

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Written Comments
Meeting
October 28, 2025
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Newport Beach City Council
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429
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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.

October 28, 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 October 14, 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 421 ends

including airline deregulation in 1978, the establishment of the Airport Working Group in 1982, the Master Plan of 1983, the 1985 JWA Settlement agreement, which governs airport noise, capacity, and curfew, and highlighted the collaborative efforts of all elected officials who participated.” [Limiting the praise to “elected officials” seriously distorts the message of the presentation. Mr.

Edwards named a great many people who collaborated, only a small fraction of whom were elected. Since his list was long and he said he might be missing some, “of the many” might be better than “of all.”]]

Page 421 ends

Policy A1 A-1 item request from Councilmember Weigand at the August 26, 2025 meeting, staff presented a review and discussion on Traffic Calming and Public Safety Measures in the Bayview Heights neighborhood of Santa Ana Heights.”

Page 422 ends

Orchid Street resident, noted the need for traffic calming and supported the closure of Spruce Avenue.”
[See video. The speaker clearly stated he lives on Orchid Street, not Orchard Drive. Unless the City has other evidence for the spelling of the first name, the speaker seems likely to have been the Neil Treffers found starting on page 21 of the item’s correspondence posting.]

Page 422 ends

closing Spruce at Bristol is a problem, and that 25 miles per hour signage would be helpful.” [See page 6 of the correspondence.]

Page 425 ends

Committee will be meeting; announced the General Plan Advisory Committee Update Open House on October 21, 2025, at 6:30 p.m. in the Civic Center Community Room and the GPAC Virtual General Plan Update Open House to be held virtually at 6:00 p.m. the following day. He further commented that in 1929, the City established an Airport Committee responsible for evaluating a potential airport site in Newport Beach; and provided context regarding the proposal of Lido Isle Channel as a location for seaplanes and Mariner's Mile for land planes, which was ultimately considered unfeasible.”

Page 428 ends

approve the Consent Calendar including amendments to Agenda Item 1; (the Minutes), a “no” vote on Agenda Item 3 by Councilmember Weigand, and removal of Agenda Item 8 for further discussion by Councilmember Weigand.”
Received After Agenda Printed
October 28, 2025
Written Comments
October 28, 2025, City Council agenda comments - Jim Mosher Page 2 of 6

Page 428 ends

station

is

slated

for

replacement

in

2032,

emphasized

the

need

to

quickly

commence

planning

and

development,

noted

Council

has

discretion

in

determining

the

approach,

noted

that

a

working

group

of
Chamber representatives residents and City Council members would be subject to Brown

Act

requirements,

and

clarified

that

the

decision

on

how

to

form

the

committee

was

ultimately

up

to

the

City

Council
.”

[See video. It is unclear how “ residents ” became restricted to “ Chamber representatives .” As best I can tell, Mr. Jurjis repeatedly and consistently said “residents” and did not mention any “Chamber,”

let

alone

its

“representatives.”]

Page 429 ends

council

members

participating

in

discussion

of

complex

projects;

suggested

staff

provide

a

range

of

possibilities

at

a

Study

Session

at

which

time

an

ad

hoc

committee

could

be

created at that time.” Page 430 , full paragraph 2: “ Kelilah D. Federman, of Adams Broadwell Joseph & Cardozo and representing

Orange

County

Residents

for

Responsible

Industry,

provided

comments

related

to

the

reasons

regarding

the

appeal

and

the

request

to

appeal
Planning Commission Resolution No.
2025-66,

citing

environmental

and

CEQA

concerns
.”

[I don’t know if Ms. Federman’s oral comments included a reference to “Resolution No. 2025-66,” but her letter did, and clearly identified it as a Planning Commission resolution rather than the Council resolutions that would otherwise be assumed in references within City Council minutes.]

Item 4. Resolution No. 2025-67: Vacation of Existing Sewer Easement at 124

Kings

Place
For unknown reasons, the exhibits provided as Attachment A (Area Map) and Attachment B (Map of

Easement

to

be

Vacated)

do

not

reproduce

properly

as

printed

out

in

black-and-white

in

the

agenda

packet

provided

by

the

City

Clerk.

Most

of

the

caption

boxes

at

the

bottom

are

blank,

and

the

color

used

to

indicate

the

area

to

be

vacated

cannot

be

distinguished.

Even

without

those

problems,

the

meaning

of

notations

like

“V’

STREET”

and

“V’

MISCELLANEOUS”

is

not

obvious.

Attachment B also fails to clearly indicate the relationship of the vacated easements to the 2015 grant

of

a

new

10-foot

easement

illustrated

in

Attachment

C,

and

whether

there

is

any

overlap.

If

there

is,

does

the

vacation

of

the

old

easement

in

any

way

affect

the

validity

of

the

new

one?
In Exhibit A of the proposed resolution (page 4-13), what is the significance of starting the first paragraph

of

the

legal

description

of

the

property,

and

no

other,

with

“HEREBY

QUITCLAIM”?

That

does

not

seem

part

of

the

description

of

what

is

being

vacated.

SImilarly,

in

Exhibit

B

(on

page

4-13),

why

does

the

Legend

refer

to

“EASEMENT

TO

BE

QUITCLAIMED”?

That

seems

out

of

sync

with

the

resolution,

which

refers

to

its

action

as

a

“summary

vacation.”

Is

a

quitclaim

the

same?

October 28, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 Item 5. Resolution No. 2025-68: Certifying Funding Listed in the Federal Transportation

Improvement

Program
Since the proposed resolution refers to a list of projects “f or Federal Fiscal Years 2026-27 to 2031-32,
”

which

will

not

start

for

nearly

a

year

(until

October

1,

2026),

the

staff

report

does

not

make

clear

why

it

is

suggesting

the

City’s

Superior

Avenue

Pedestrian/Bicycle

Bridge

and

Parking
Lot (Project No. 15T09), which a Notice of Completion was approved as Item 6 on the February 25, 2025, consent calendar, would be on that new list. Is the report trying to say the Superior Avenue Bridge

is

on

the

current

list,

and

the

Council

is

being

asked

to

approve

staff’s

submission

of

new

projects

for

inclusion

in

the

new

list?

Item S21. Resolution No. 2025-75: Ratifying the Proclamation of the Existence

of

a

Local

Emergency,

and

Declaring

that

the

Local

Emergency

Shall

Remain

in

Effect

Until

Terminated

by

the

City

Council
Given that the City has issued an (undated) press release saying the emergency is over, will this item be withdrawn? Or is it still needed to ratify the actions that were taken? If the latter, does it need to be revised? Item 7. San Diego Creek Trash Interceptor - Notice of Completion for Contract

No.

7127-5

(17X12)
This item would seem to once again highlight the value of reducing trash pollution at its source over

attempting

to

recapture

it

after

it

has

been

released

into

the

environment.

Even if the estimate is correct that the device may recover 200 cubic yards of trash in its first full year

of

operation,

at

a

cost

of

$4.6

million,

that

figures

to

$23

thousand

per

cubic

yard,

not

counting

labor;

and

even

if

the

device

continued

to

function

for

10 years,

that

would

still

be

$2,300

per

cubic

yard

recovered,

which

seems

a

lot

compared

to

the

minimal

original

value

of

most

of

the

material

in

that

cubic

yard.

Keeping the trash out of the environment would seem a much more sensible solution.

Item 10. Fiscal Year 2024-25 Playground Improvements Project - Award of

Contract

No.

9753-1

to

R.E.

Schultz

Construction,

Inc.

(25P01)
First, Attachment A (Location Map) on page 10-5, dated “8/25/20” and saying it illustrates the location

of

the

“City

Yard

Re-Roofing

Project,”

does

not

seem

related

to

this

item.

Second, it explains the apparent low bid was rejected because the bidder lacked designation as an “LSI

Certified

Installer.”

It

does

not

explain

why

during

the

bidding

process,

as

documented

by

that

bidder

in

Attachment

C,

staff

repeatedly

said

the

designation

was

not

required.

October 28, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Item 12. Approval of Vehicle Replacement Purchase Orders for Three Pickup

Trucks,

Four

Sedans,

and

One

Van
The agenda title seems a bit misleading, since the abstract and body of the item indicates the “four sedans”

are

actually

“four

Ford

Explorer

SUVs,”

which

do

not

seem

to

fit

the

normal

definition

of

a

sedan

as

a

passenger

car

with

separate

compartments

for

engine,

passengers

and

cargo.

More concerningly, why did staff accept a single bid for the three Toyota Tacoma pickup trucks? That

seems

anomalous

compared

to

the

large

number

of

bids

received

for

the

other

models

sought.

If

there

is

variation

in

pricing,

shouldn’t

more

offers

have

been

solicited?
Also unexplained is why a report from the Public Works Department is being submitted to the Council

by

the

Utilities

Director.

Finally, none of these seem to be particularly fuel efficient. Has the City given up on trying to improve

efficiency

and

reduce

emissions?

Are

these

purchases

consistent

with

state

regulations?

Item 14. Fiscal Year 2025-26 Citywide Facilities Painting Project - Award of

Contract

No.

9861-1

to

D

and

T

Painting

(26F02)
It is good to see the City received several bids much lower than its estimate, but I was surprised to learn

the

Civic

Center

(City

Hall)

has

an

“exterior

wood

roof”

in

need

of

painting.

I

would

have

thought

modern

construction

would

use

a

more

durable

synthetic

material

of

some

kind.

Item 18. Resolution No. 2025-70: Appeal of Planning Commission’s Approval

of

Minor

Changes

to

Coastal

Development

Permit

No.

PA2024-0140

located

at

100

East

Balboa

Boulevard

(PA2025-0130)
I have considerable sympathy for the appellants wanting to preserve the landmark tree. However, the

decision

as

to

whether

it

will

stay

or

go

rests,

ultimately,

with

the

California

Coastal

Commission,

and

I

feel

that

by

adding

this

revision

and

appeal

while

the

original

decision

remains

pending

before

the

CCC

has

added

unnecessary

delay

and

created

additional

work

for

all

involved.

The motivation seems to be to ensure the City has an application that the CCC will feel no need to further

revise,

which

will

allow

them

to

deny

the

appeal,

making

the

City

the

approver

of

the

project’s

Coastal

Development

Permit.

The

alternative

would

be

to

let

the

CCC

offer

to

approve

a

CDP

of

its

own,

after

making

revisions,

after

which,

if

the

City

wanted

to

make

further

modifications

to

the

project,

it

would

need

to

get

the

CCC’s

consent.

The

difference

does

not

seem

significant

to

me,

since

even

if

the

CCC

let

the

City’s

modified

CDP

stand,

making

the

CDP

“the

City’s

own,”

any

modifications

the

City

might

later

want

to

make

to

it

could

still

be

appealed

to

the

CCC.

Again, the CCC has the ultimate say over what is consistent with the Coastal Act and what is not.

This

second

cycle

of

proposal

and

appeal

seems

to

me

a

rather

pointless

detour

on

the

path

to

a

result

in

others’

hands.

October 28, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 Item 19. Ordinance No. 2025-34: Extending a Temporary Moratorium on New

Smoke

Shops

and

Tobacco

Retailer

Businesses
As I pointed out when the moratorium began on September 23, while the urgency ordinance title refers

to

a

moratorium

on

“smoke

shops,”

it

actually

bans

new

or

expanded

“tobacco

retailer

businesses,”

and

the

definition

it

provides

of

the

latter

(see

page

19-17

of

the

staff

report)

is

so

broad

as

to

encompass

any

person

who

sells

or

gives

away

any

“tobacco-related

item.”

To my mind, that would not only include many businesses I would not think of as “smoke shops,” but

even

a

person

or

business

providing

nicotine

cessation

products

or

information.

As to the 10-day report, it does explain what staff is doing and hopes to do, but I’m not sure it explains

what

calamity

would

befall

the

City

in

the

absence

of

the

moratorium.

Does

it

have

a

backlog

of

smoke

shop

applications?

However that may be, on the first page of the report (page 19-11 of the staff report), numbered paragraphs

1 and

3 refer

to

an

“
internal-departmental

team
.”

I’m

not

sure

what

that

means:

internal

to

which

department?

Or

was

that

intended

to

read

“
inter-departmental
”?
Similarly, numbered paragraph 4 refers to a list of businesses and “ any potential police activity associated

with

that

business
”

(which

seems

to

refer

to

possible

future

activity).

Was

that

intended

to

read

“
any

police

activity

potentially

associated

with

that

business
”

(referring

to

past

police

activity,

possibly

not

originally

associated

with

the

business).

Item 20. Resolution Nos. 2025-71 through 2025-74: Overriding Orange County

Airport

Land

Use

Commission’s

Determination

of

Inconsistency

and

Approving

the

Snug

Harbor

Surf

Park

at

3100

Irvine

Avenue

(PA2024-0069)
I see from Attachment J that as of the posting of the staff report on October 23, the City had received 1,877 pages of correspondence 1 (to which 3 have since been added to the start), mostly opposed

to

the

Council

approving

the

application.

I

doubt

I

can

add

much

to

that,

but

I

would

hope

the

volume

of

opposition

might

give

the

Council

pause

as

to

finding

the

proposal

compatible

with

community

character

and

expectations.

I

would

hope

the

Council

might

also

consider

the
opposition not only from the County Airport Land Use Commission (Attachment K) but also from the Airport administration, which constitutes a separate and independent entity whose cooperation residents need on airport issues, and with whom I’ve recently heard the City and Council see themselves

as

partners

with,

working

towards

mutual

goals.

Approving

something

they

clearly

do

not

want

would

not

seem

to

foster

that

new

spirit

of

friendship

and

cooperation.

As indicated in my letter to the Planning Commission, I don’t think the proposal is consistent with either

the

property’s

“PR”

(Parks

and

Recreation)

designation

in

the

Land

Use

Element

of

our

General

Plan

or

its

“OSR”

(Open

Space

and

Recreation

District)

zoning

of

the

Specific

Plan

found
in NBMC Section 20.90.050. While many of its parts are consistent with “PR,” the retail shops and overnight visitor accommodations are not. They make it more of a resort destination like the 1 I cannot find in Attachment J the comments I submitted to the Planning Commission on September 3 for their
September 4 hearing, and I suspect others may not be included, as well. Mine may have been separately

filed

somewhere

as

“late

comments”

on

the

EIR.

They

do

appear

in

the

massive

Planning

Commission

Item

2 file

at

the

preceding

link,

October 28, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 Pelican Hills where the golf course is on land designated “PR,” while the accommodations and other

amenities

are

on

land

designated

“CV”

(Visitor

Serving

Commercial).

None

of

this

land

is

designated

for

CV

uses.

Similarly,

within

the

universe

of

Parks

and

Recreations,

the

OSR

zoning

restricts

this

site,

if

developed

for

recreation,

to

outdoor

recreation.

Even

of

the

proposed

recreational

uses,

some

of

those

fail

that

test.

The

proposed

fitness

center

somewhere

within

the

proposed

roughly

80,000

square

feet

of

indoor

floor

area

is

clearly

an

example

of

indoor

recreation.

And

again,

overnight

accommodations

are

not

recreational

at

all.

As to the EIR, as previously commented to the Planning Commission, it does not inspire confidence.

As a somewhat random example, those concerned about water use and looking to Appendix S (Water

Supply

Evaluation)

will

read

on

page

4 that

“total

demand

is

expected

to

be

approximately

85-acre

feet

per

year,”

and

that

after

removing

the

existing

use

of

1.56 AFY,

one

will

have

a

“net

increase

in

potable

water

use

of

about

87 AFY.”

Not

only

is

it

later

explained

that

the

uses

to

be

replaced

consume

more

than

1.56 AFY,

but

how

can

eliminating

them

lead

to

a

larger

rather

than

a

smaller

net

increase?

Further

in,

one

is

at

a

loss

to

figure

out

who

will

be

supplying

the

water.

It

seems

mostly

to

suggest

(probably

mostly

correctly)

that

the

City’s

Utilities

Department

will

be

the

supplier,

without

explaining

why

the

City’s

Urban

Water

Management

Plan,

which

it

refers

to

repeatedly,

contains

a

service

area

map

indicating

the

golf

course

is

in

an

area

served

by

the

Irvine

Ranch

Water

District,

and

compounds

the

confusion

by

referring

to

IRWD

demand

data
As to Appendix Q (Noise Analysis), as chair of the GPAC Noise Element Subcommittee, but commenting

as

an

individual,

its

application

of

the

City

of

Newport

Beach

standards

of

significant

noise

increases

appears

to

be

incorrect.

I

am

particularly

concerned

about

the

impact

on

nearby

residents,

such

as

those

on

Anniversary

Lane

or

in

West

Santa

Ana

Heights

in

the

proposed

hours

of

operation

before

7 a.m.

(8

a.m.

on

Sunday)

and

after

10 p.m.,

when

those

areas

enjoy

relief

from

airport

noise.

Tables

8-5

and

8-6

assume

“Increase

Criteria”

in

decibels

taken

from

a

General

Plan

table

of

significant

increases

in

Community

Noise

Equivalent

Levels

and

incorrectly

applied

here

to

readings

that

are

not

CNEL’s.

Put

simply,

the

analysis

is

wrong

and

the

possibility

of

residents

losing

two

hours

of

quiet

on

Sunday

mornings

(and

one

hour

after

10 p.m.

each

night)

should

be

of

great

concern.

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