Cities Index.
Written Comments

Newport Beach City Council
February 24, 2026

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Written Comments
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February 24, 2026
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February 24, 2026, 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 2. Minutes for the February 10, 2026, 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 496 , paragraph 5 from end: “Jaylee Hillcabaugh Coeli Hylkema noted that the management

of

public

tidelands

has

been

an

ongoing

issue

and

expressed

concerns

regarding

equity
.”

Page 497 ends

read

aloud

two

letters

to

the

editor

in

Stu

News
.”

Page 501 ends

bumps

in

residential

areas

affecting

fire

department

equipment
.”

Item 3. Ordinance No. 2026-2: Amending Various Sections of the Newport

Beach

Municipal

Code

to

Address

Illegal

Activity

During

High-Risk

Periods

Confusing Noticing This ordinance was introduced as Item 3 on the February 10 consent calendar under the agenda title “Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods.”

It

is,

at

best,

confusing

to

see

the

same

matter

come

back

for

possible

adoption

under

the

different

agenda

title

above,

leaving

the

public

to

wonder

if

it

is

the

same

item

they

previously

saw,

or

something

new.

That said, the new agenda title seems a bit misleading since while much of the proposed ordinance

seems

intended

solely

to

increase

penalties

for

activities

that

are

already

deemed

“illegal,”

it

would

also,

if

adopted,

make

illegal

certain

activities

that

are

currently

legal,

including

permissible

activities

on

public

beaches.

Moreover,

it

would

make

several

changes

to

the

Municipal

Code

that

would

be

in

effect

all

year,

not

just

during

“High-Risk”

or

“Peak

Activity”

periods.

In

addition

to

the

new

year-round

beach

activity

rules,

short-lodging

permits

will,

at

all

times,

now

require

the

owner

or

agent,

and

the

person

on

the

rental

agreement,

to

appear

at

the

rental

location

within

two

hours

of

receiving

verbal

notice

of

a

suspected

violation

from

a

City

officer.

Mission Creep More generally, it is likely a truism that it is easier to lose freedoms than to regain them, especially

when

a

law

primarily

impinges

on

the

freedoms

of

persons

other

than

those

with

the

power

to

enact

them.

February 24, 2026, City Council agenda comments - Jim Mosher Page 2 of 12 In Newport Beach, the idea of creating a “Safety Enhancement Zone” with enhanced penalties, introduced by Ordinance No. 2003-5, was initially confined to a small area on a single day, the 4th of July. And although its revisions to NBMC Sec. 1.04.010 tripled fines for any violation of the

Municipal

Code

during

the

Zone’s

effective

time,

it

was

presumably

intended

to

be

selectively

enforced

to

limit

objectionable

behavior

by

visitors

and

their

hosts.

The single day and single location for enhanced remained the case for 22 years, until last year’s Ordinance No. 2025-3, which created a new Enhancement Zone consisting of the entirety of the old Corona del Mar “Village,” from Fifth Avenue to the ocean, and while retaining a single day on the

4th

of

July

(which

the

findings

said

had

been

“very

successful”),

it

extended

the

time

of

restricted

activity

to

include

three-day

Memorial

Day

and

Labor

Day

weekends,

for

a

total

of

seven

days

a

year.

A

significant

part

of

the

concern

regarding

CdM

was

said

(in

the

findings

to

the

ordinance)

to

stem

from

potential

disruptions

involving

short

term

lodgings,

although

it

is
unclear why there would not be a similar concern regarding Balboa Island, with its even higher concentration of STL permits. The present proposal substantially increases the size of the “West” Newport Enhancement Zone and

increases

the

length

of

enhanced

penalties

around

the

4th

of

July

from

one

day

to

(intentionally

or

not)

as

many

as

four

days,

adds

another

day

(Friday)

to

the

3-day

Memorial

Day

weekend

and

introduces

an

indefinite

number

of

additional

Spring

Break

days,

currently

two

9-day

periods

established

for

2026

by

adoption

of

Resolution

No.

2026-8

at

the

last

Council

meeting.

In other words, in a single year, we have gone from thinking we need a single day a year of enhanced

fines

in

single

area

to

thinking

we

need

seven

days

a

year

over

a

larger

area,

and

now

to

29 days

a

year

in

which

we

feel

an

ever-growing

area

of

the

city

is

so

under

siege

by

unruly

visitors

that

we

need

to

control

them,

and

their

enablers,

with

the

prospect

of

triple

fines.

We

have

gone

from

what

seemed

to

be

widely

regarded

as

a

necessary

restriction

of

freedoms

on

one

day

in

one

area

addressing

a

known

problem,

to

what

looks

like

an

ever-widening

imposition

of

pre-emptive

restrictions

addressing

times

and

in

areas

where

problems

could

develop.

Broad Sweep It might be noted that while the Council may feel this widened scope affects primarily visitors, there

is

nothing

in

the

proposed

code

that

ensures

that.

The

warning

notices

it

requires

to

be

sent

go

not

just

to

short

term

lodging

owners,

but

to

all

property

owners.

And

the

tripling

of

fines

applies

to

all

violations

of

the

Municipal

Code,

not

just

visitor-related

ones.

A

resident

of

CdM

who

may

be

considering

washing

their

car

in

their

driveway

without

ensuring

no

runoff

goes

into

the

street,

or

doing

some

minor

noise-generating

home

maintenance

on

a

Sunday

(or

a

myriad

of

other

things

that

are

violations

of

the

Municipal

Code)

needs

to

check

their

calendar

to

see

if

it

is

one

of

the

29 days.

For

if

it

is,

a

complaint

from

an

unfriendly

neighbor

will

result

in

a

triple

fine.

Incorrectly Expanded Fourth of July? As to the rationale for increasing the days of enforcement around the 4th of July, I am not sure the authors carefully considered what they are proposing. The current NBMC Subsection

February 24, 2026, City Council agenda comments - Jim Mosher Page 3 of 12

1.04.060 defines the single day of enhanced fines as running “ from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th .” The proposal is to replace this with “ from 12:01 a.m. on Friday until 11:59 p.m.

on

Monday

when

the

Fourth

of

July

falls

on

a

Friday,

Saturday,

Sunday

or

Monday;

(3)

from

12:01

a.m.

on

July

4th

to

3:00

a.m.

on

July

5th

when

the

Fourth

of

July

falls

on

a

Tuesday,

Wednesday

or

Thursday
.”

Under

federal

law,

Monday

is

a

holiday

only

when

the

4th

of

July

falls

on

a

Sunday

or

Monday.

If

it

falls

on

a

Friday

or

Saturday,

Monday

is

not

a

holiday.

So,

there

is

never

more

than

a

3-day

4th

of

July

weekend.

What

possible

rationale

could

there

be

for

including

Monday

in

the

enhancement

period

when

the

4th

of

July

falls

on

a

Friday

or

Saturday

and

the

revelers

have

presumably

cleared

out

and

returned

to

work

or

school

on

that

Monday?

It

is

similarly

unclear

why

a

Friday

before

the

4th

of

July

is

being

included

in

years

when

it

is

not

a

holiday

(and

why

Friday

is

being

included

for

the

Memorial

Day

weekend,

but

not

the

Labor

Day

one).

The public may also be interested to know if it can expect operational changes corresponding to the

newly-expanded

days

around

the

4th

of

July.

The

Police

Department

has

long

asked

for

permission

to

close

certain

streets

in

West

Newport

on

the

4th,

most

recently

in

2025,

with

the
4th falling on a Friday, with Resolution No. 2025-35, but only for one day. It has also asked for enforcement assistance from other city and county agencies. This year, with the 4th falling on a Saturday,

but

the

Enhancement

Zone

running

for

a

full

four

days,

from

Friday

through

Monday,

will

it

want

to

close

the

roads

all

four

days

(even

though

Monday

will

be

a

normal

work

day)?

And

will

the

outside

law

enforcement

agencies

be

present

all

four

days,

and

not

just

on

the

4th?

Mandatory STL Permit Revocation Regarding the controversial proposed new mandatory revocation of short term lodging permits for

selected

violations

in

active

Enhancement

Zones,

that

seems

a

rather

severe

penalty

of

some

violations

that

seem

inherently

subjective

and

likely

to

lead

to

uneven

enforcement.

For
example, violations of NBMC Chapter 10.28 (Loud and Unreasonable Noise) are inherently judgement calls on the part of the responding officer. Others involving the renter’s conduct seem difficult

for

the

permit

holder

to

control

–

such

as

amplified

sound

audible

at

the

property

line

or

operates

any

device

reproducing

sound

outside

the

lodging,

even

if

not

audible,

between

10:00
p.m. and 10:00 a.m.
1 (per NBMC Subsection 5.95.047.A.4.b) – making immediate revocation of the permit a severe penalty in the absence of a clear pattern of renting to persons ignoring the rules.

It

seems

like

the

wrong

person

is

being

penalized.

This

will

also

provide

neighbors

with

an

opportunity

to

get

STL

permits

removed

by

strategically

lodging

complaints

on

one

of

the

29 days

when

mandatory

revocation,

rather

the

possibility

of

suspension,

is

the

consequence

of

a

relatively

minor

violation

–

and

that

opportunity

will,

unfairly,

be

available

only

for

STL’s

in

selected

areas.

Shade Structures Regarding the proposed new year-round restrictions on allowable use of personal shade structures

at

the

beach,

it

is

curious

that

staff

is

asking

the

Council

to

adopt

them

without

a
recommendation from our Parks, Beaches and Recreation Commission. City Charter Section 1 It is difficult to guess where the “10:00 a.m.” came from. The “quiet hours” for Newport Beach, found in NBMC
Chapter 10.26 (Community Noise Control), normally run from 10:00 p.m. to 7:00 a.m.

February 24, 2026, City Council agenda comments - Jim Mosher Page 4 of 12 709 places on that body a requirement to “ Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways and street trees .” These new rules would

certainly

appear

to

be

a

matter

involving

beaches

and

recreation.

This

Charter-imposed

requirement

to

advise

the

Council

seems

even

stronger

and

less

avoidable

than

the

Council’s

self-imposed

requirement

for

proposed

Zoning

Code

amendments

to

always

come

to

Council

with

a

recommendation

from

the

Planning

Commission.

As to the substance of the new shade structure rules, the February 10 staff report said the revised

code

“
Clarifies

spacing,

height,

placement

and

visibility

requirements

to

ensure

unobstructed

emergency

access,

public

safety

visibility

and

safe

pedestrian

movement

during
periods of heavy beach use .” However, the extensive redlining indicates the revisions are not confined to clarifying existing rules, but impose new and more restrictive ones: ● For example, the existing rules allow structures, or groups of structures, providing up to 100

square

feet

of

shade.

The

proposed

code

prohibits

grouping

and

limits

the

allowed

single

structure

to

a

width,

and

its

point

of

maximum

width,

of

6 feet,

which

would

correspond

to

a

6-foot

diameter

circular

umbrella

(28

square

feet)

or

a

square

shade

with

a

6-foot

diagonal

(4..2

feet

on

a

side,

or

18 square

feet).

Those

are

both

much

smaller

than

currently

allowed.
● It requires anchoring, while simultaneously prohibiting many commonly used methods of anchoring.
● It introduces a new prohibition on anything that “ obstructs line-of-sight access from the surrounding

beach

or

shoreline
.”

I

do

not

know

what

obstructing

“line-of-sight

access”

is

intended

to

mean,

but

if

it

prohibits

anything

obstructing

any

visual

line

of

sight

that

would

exist

without

the

structure,

then

this

would

seem

to

prohibit

the

erection

of

any

opaque

structure

at

all.

If

it

means

obstructing

physical

access

(by

foot

or

vehicle)

along

any

possible

straight

line

(“sight”

is

along

straight

lines)

that,

too,

would

seem

to

prohibit

any

structures,

opaque

or

not.

Apparently small, transparent coverings will still be allowed on Newport Beach beaches, but they

would

not

seem

to

provide

much

protection

from

the

sun.

Item 4. Resolution No. 2026-13: Limiting the Parking of Vehicles on Certain

City

Streets
Curiously, the Google Street Views of the golf cart parking areas west of Marine Avenue at Balboa Avenue and Park Avenue, which are available for a number of years, do not document a problem. They do show the number of spaces increasing over the years. They do not show them

being

overutilized.

They

most

frequently

show

a

single

parked

cart

or

none

at

all.

Has something changed in the last year? Or does the problem exist at a time of day or time of year

not

represented

by

the

photos?

As to the proposed resolution, it is not clear why it refers to the “ South side of Park Avenue ” but the

“
North

curbside

of

Balboa

Avenue
.”

Is

some

distinction

intended

between

“side”

and

“curbside”?

February 24, 2026, City Council agenda comments - Jim Mosher Page 5 of 12 Item 6. Citywide ADA Improvements - Award of Contract No. 9943-1 (26R12)
Is the funding for this contract dependent upon the Council’s approval of dedication of CDBG funds

to

ADA

improvements

in

Item

11 on

the

present

agenda?

If

so,

isn’t

it

being

voted

on

out

of

sequence?

Doesn’t

the

funding

mechanism

need

to

be

approved

before

a

contract

dependent

on

it

can

be

approved?

Item 8. Amendment to Professional Services Agreement for Video Production

and

Programming

Services

with

TV

Pro

Gear,

Inc.

(Contract

No.

9488-1)
The staff report is confusing in that the Abstract says “ The remaining contract balance is sufficient

to

complete

the

services

through

the

current

term
,”

yet

the

Discussion

says

it

is

"
insufficient
,"

and

a

$60,000

increase

in

the

not-to-exceed

amount

is

being

requested.

Is the “ sufficient ” in the Abstract a misprint for " insufficient "? Assuming that is correct, since the existing contract referred to in the item title has not previously received Council review, it would have been helpful to disclose what the “scope of work” referred to in the Discussion as “not modified” is. Although the contract appears to call only for the filming of City Council and Planning Commission

meetings,

I

believe

it

may

have

been

used

to

produce

videos

of

the

General

Plan

Advisory

and

Update

Steering

Committee

meetings,

as

well.

Is

that

the

reason

for

the

cost

overrun?

If

that

is

not

the

reason,

what

is?
That said, if the City was truly interested in improving communication with the public it might consider

creating

and

posting

videos

of

additional

City

meetings,

possibly

using

a

lower

cost

method,

such

as

a

fixed

camera

position

that

would

not

require

manual

operation

and

editing.

As an example to consider, since 2020, the City of Rancho Palos Verdes (with a population about half that of Newport Beach), appears to stream and post timely videos of essentially all its public meetings. The City of Stockton (about four times the population of Newport Beach) appears, since 2021, to use two fixed cameras to record and post videos of all its board, commission and committee meetings. The City of Pasadena (with a population about 50% larger than Newport Beach) has, since 2021, often posted videos, but at least audio recordings, of all its board, commission and committee meetings. In Newport Beach, by contrast, short of submitting a Public Records Act request, the public who were

unable

to

attend

in

person

have

to

wait,

as

an

extreme

example,

three

months

(sometimes

six,

if

the

next

meeting

was

cancelled)

to

see

a

written

record

of

what

happened

at

the

last

Aviation

Committee

meeting

(and

a

month

or

more

for

other

commissions

and

committees).

Frustrated

parties,

such

as

the

Newport

Mooring

Association,

appear

to

be

filming,

at

their

own

expense,

meetings

of

the

Harbor

Commission

to

have

a

complete

and

accurate

record.

February 24, 2026, City Council agenda comments - Jim Mosher Page 6 of 12 Item 10. Cultural Arts Grants Fiscal Year 2025-26 Comparison with the recommendations from last year, Item 12 at the March 11, 2025, meeting, indicates a great deal of similarity. Grants were recommended to be awarded to eight organizations

each

year.

The

only

difference

is

the

Balboa

Island

Improvement

Association

and

the

Newport

Theatre

Arts

Center

have

dropped

off

the

list,

while

the

Choral

Arts

Initiative

and

Wildlife

Jewels

have

been

added.

Item 11. Resolution No. 2026-14: Substantial Amendment to the 2025-2026

Annual

Action

Plan

for

the

Federal

Community

Development

Block

Grant

Program
Table 1 of the staff report indicates the $750,000 recommended to be dedicated to ADA improvements

would

come

from

the

unallocated

balance

in

the

current

fiscal

year

plus

balances

from

two

previous

years.

It would have seemed helpful to put these numbers in the context of the total funding received in each

year

that

could

be

used

for

this

purpose.

Will

this

proposal

be

using

all

the

funding

that

was

received

and

could

be

used

for

physical

improvements?

Or

only

a

part

of

it?

Item 12. Approval of Proposed Revisions to Various Council Policies Overview As the staff report indicates, on January 14, 2025, (as consent calendar Item 6) the City Council appointed a three-member subcommittee which was allowed to meet privately to review the City Council Policy Manual and was asked to report back any recommended changes to the full Council before the end of 2025. The committee failed to report back, but the present item purports

to

reflect

the

changes

they

would

have

recommended

if

they

had

recommended

changes.

It is good to see City staff has placed the recommendations on the regular agenda for discussion,

as

opposed

to

the

consent

calendar,

and

that

a

redline

of

the

proposed

changes

has

been

provided.

It is much less good that staff has provided no table indicating which of the proposed changes are

substantive,

and

for

the

policies

affected

by

those,

why

they

are

being

changed

and

how

their

interpretation

would,

after

each

proposed

change,

differ

from

how

they

operate

today.

It is also problematic that the redlining cannot be trusted to be accurate. For example, the redline

of

the

proposed

Council

Policy

A-17

(Newport

Beach

City

Council

Airport

Policy)

suggests

that

the

only

changes

to

the

existing

policy

are

a

new

paragraph

added

on

page

1 and

a

minor

change

to

one

sentence

within

a

paragraph

on

page

3. Yet

the

entire

existing

policy

has

been

rearranged

(and

even

the

name

changed),

condensing

eleven

pages

of

existing

text

(plus

many

pages

of

attachments)

down

to

slightly

over

three.

February 24, 2026, City Council agenda comments - Jim Mosher Page 7 of 12 Missing Review by Boards, Commissions and Committees According to the staff report, one purpose of the review was to ensure the policies are consistent

with

our

City

Charter.

Yet,

even

though

the

Charter

requires

certain

boards

and

commissions

to

advise

the

Council

on

policy

matters,

only

two

of

the

proposed

policies,

to

the

best

of

my

knowledge,

have

been

shown

to

any

other

body

before

asking

the

Council

to

adopt

them.

One of those is the new Council Policy A-17 (Newport Beach City Council Airport Policy), a version of which was seen by the City’s recently-restructured Aviation Committee at its January 26 meeting. While the City Charter does not require the Council to seek their advice, the meagre redlining noted above may represent some of the committee members’ suggested additions

to

the

draft

changes

they

saw

–

although

for

the

reasons

stated

in

my

comments

on

Item

8,

above,

it

is

difficult

to

tell

because

a

written

record

of

what

happened

at

the

January

26 meeting

will

not

be

available

until

the

Aviation

Committee

meets

again,

which

will

be

no

sooner

than

April

27. One body that is , in the City Charter scheme of government, expected to advise the Council is our Parks, Beaches and Recreation Commission, established by Charter Section 709. Of the five revised policies relevant to them (B-1, B-9, B-13, G-1 and G-6), the only one they were shown

was

Policy

G-1

(Retention,

Removal,

and

Maintenance

of

City

Trees),

which

they

saw

at
their February 3, 2026, meeting. Again, we do not yet have a written record of their discussion, but my recollection they found the proposed changes so extensive that they requested more time

to

consider

them

before

making

any

recommendations,

and

also

asked

to

communicate

with

the

Council

reviewing

committee

(which

they

assumed

was

still

reviewing

its

own

recommendations,

unaware

it

had

ceased

to

exist).

One of the features of PB&R meetings, for many years, has been that when public hearings end,

the

chair

tells

the

audience

“I
f

anyone

is

not

happy

with

our

decision,

you

can

appeal

to

the

City

Council
.”

Under

the

proposed

revisions

to

Policy

G-1,

that

will

need

to

be

changed

(at

least

for

trees)

to

“
If

anyone

is

not

happy

with

our

decision,

it

is

final,

but

you

can

always

sue

us
.”
Why would PB&R’s request for more time to review Policy G-1 be denied? And do any of the

Council

members

really

want

to

deny

their

constituents

the

ability

to

appeal

commission

decisions

to

them?

Are

they

even

aware

this

change

is

being

proposed?
None of the other revised policies relevant to PB&R were even seen by them. Similarly, I am doubtful

that

most

of

(or

even

any?)

of

the

revisions

relevant

to

the

Planning

Commission

or

the

Finance

Committee

were

seen

by

them.

Deletion of Policy D-4 (Innovation/Improvement Incentive Program) The only proposal for which the staff report provides any specific reason is the proposed deletion

of

Policy

D-4,

for

which

it

says

the

committee

“
concluded

that

it

functions

better

as

an

administrative

policy

than

a

formal

Council

policy.

Rescinding

Policy

D-4

will

help

keep

the

Council

Policy

Manual

focused

on

governance

matters

while

allowing

staff

to

manage

innovation

initiatives

administratively
.”

February 24, 2026, City Council agenda comments - Jim Mosher Page 8 of 12 There are at least two problems with that reasoning: (1) nearly all the Council policies exist to establish

rules

determining

how

the

City

is

expected

to

be

administered

(so

why

shouldn’t

they

all

be

deleted?);

and

(2)

the

internal

administrative

policies

promulgated

by

the

City

Manager

and

department

directors

are

not

publicly

posted,

nor

are

they

(at

least

in

recent

years)

reviewed

by,

let

alone

approved

by,

the

Council.

In the present case, while the details of the “Innovation/Improvement Incentive Program” 2 might
be

left

to

City

staff

to

work

out,

I

would

think

the

Council

would

want

to

set

the

policy

as

to

whether

such

a

program

should

exist,

who

should

be

eligible

for

the

incentives,

and

how

much

of

the

City’s

money

can

be

spent

on

it.

The

latter,

in

particular,

is

a

budget

matter

which

is

a

quintessential

Council

oversight

function,

and

should

not

be

left

to

those

spending

the

money

on

themselves.

Comments on Specific Policies I am unlikely to be able to review all the changes before these comments are due, but here are a

few

thoughts

about

a

few

of

the

proposed

revisions.

Proposed

policy

revisions

that

I

have

not

had

a

chance

to

review

are

indicated

by

ellipsis

(“

…

“).

Policy A-1 (City Council) One might wonder why continue to start Council meetings at 4:00 p.m., an hour at which many working

residents

will

be

unable

to

attend.

That

hour

was

originally

intended

for

non-action

study

sessions,

followed

by

the

closed

session,

with

the

regular

meeting

starting

at

a

later

hour.

Placing public comments on non-agenda items at the beginning of the meeting is a welcome innovation,

allowing

persons

wanting

to

make

them

to

not

have

to

wait

hours

to

do

so.

Allowing public comment on agenda items before the matters are heard is also welcome, but only

if

the

comment

can

be

continued

when

the

item

comes

up

for

discussion.

At

the

very

least,

a

person

using

only

a

small

part

of

their

3 minutes

to

comment

at

the

beginning

of

the

meeting

about

an

agendized

item

should

be

allowed

to

use

the

remainder

of

their

3 minutes
3 to

finish

their

comments

about

the

item

when

the

Council

discusses

it

later

in

the

meeting.

But

that

does

not

appear

to

be

spelled

out

in

the

proposed

policy.

The proposed restriction on advocating for or against a ballot measure during non-agenda public

comments,

especially

if

it

is

a

city

ballot

measure,

is

highly

problematic.

A

city

ballot

3 Only a few of those participating in today’s meetings may recall that during most of the City’s history, the time

allowed

for

public

comments,

if

there

was

any

limit,

was

5 minutes.

Why

it

went

to

“3”

and

why

“4”

was

never

considered

is

unclear.

As

to

the

value

of

having

two

opportunities

to

speak,

even

fewer

may

recall

that

in

2014,
AB-194
,

which

would

have

required

all

Brown

Act

bodies

to

provide

an

opportunity

for

public

comment

both

before

and

during

the

consideration

of

every

agenda

item,

overwhelmingly

passed

the

California

legislature

but

was

vetoed

by

Governor

Jerry

Brown.

2 If I ever knew of it, I did not remember the City had an “Innovation/Improvement Incentive Program” offering

cash

to

its

employees,

and

I

do

not

know

if

it

is

currently

active.

As

best

I

can

tell

there

is

no

line

item

in

the

currently-approved
budget detail indicating any funds allocated to be spent on “Innovation” or “Improvement”

“Incentives”

or

rewards.

I

am

aware

of

a

“Rewarding Ideas Program” at the Costa Mesa
Sanitary

District (from whom I receive sewer service). But it is part of board-approved Administrative Policies

and

the

actual

award

to

an

employee

requires

board

approval

(which

not

only

provides

oversight,

but

public

recognition

of

the

employee’s

innovations).

February 24, 2026, City Council agenda comments - Jim Mosher Page 9 of 12 measure is indisputably a matter within the subject matter jurisdiction of the City Council, and Government Code Section 54954.3(a)(1) of the Brown Act requires the Council to “ provide an opportunity for members of the public to directly address the legislative body on any item of interest

to

the

public

…

that

is

within

the

subject

matter

jurisdiction

of

the

legislative

body
.”
In the proposed new rule for selecting the Presiding Officer in the absence of the Mayor and Mayor

Pro

Tem,

if

the

most

senior

member

is

to

be

chosen,

it

is

quite

likely

there

could

be

more

than

one

“most

senior”

member.

The

rule

should

be

refined

to

defer

to

the

one

who

received

the

most

votes

at

the

their

most

recent

election.

The requirement for the Presiding Officer or (now) City Clerk to state the question before a vote is

taken

on

any

Council

motion

(other

than

to

approve

the

staff

recommendation

found

in

the

agenda)

is

also

most

welcome,

although

the

existing

provision

to

that

effect

has

almost

never

been

enforced.

Will

the

revised

one

be

honored?
The rule that a “ motion is a proposal in that it sets forth something the person making the motion favors
”

is

proposed

to

be

deleted.

I

do

not

understand

why.

It is not clear why the rules allowing extra time for spokespersons for a group have been deleted,

or

the

“Limitation

on

Debate”

rule

requiring

rotation

between

speakers

on

the

dais

when

some

are

waiting

a

turn

to

speak.

The new requirement to disclose ex parte communications is welcome, provided it is understood the

disclosure

is

supposed

to

summarize

the

information

received,

not

just

that

a

communication

took

place.

Without

a

summary,

there

is

no

chance

to

challenge

the

misinformation

that

may

influence

a

decision.

It is strange the “Voting Procedure” paragraph does not seem to mention the electronic system that

is

most

often

used,

but

only

oral

and

hand-raising

votes.

It is unclear why a new limit of a single substitute motion has been introduced. Under “Ordinances, Resolutions and Contract,” why is the Planning Commission being stripped of

its

authority

to

initiate

Zoning

Code

amendments?

That

authority

is

found

in

Municipal

Code
Section 20.66.020, and one of the stated goals of the present exercise is to improve consistency of the policies with the NBMC, not to create new inconsistencies. Why is the entire section on “City Council Member Requests for Research or Information” proposed

to

be

deleted?

This

is

an

important

issue

which

must

be

dealt

with

consistent

with

the
restrictions imposed by City Charter Section 406. It is hard to see how deletion of the rules helps ensure actions will be consistent with the Charter.

Policy A-2 (Boards, Commissions, and Committees) Under “Boards and Commissions (Permanent),” it is unclear why “ or resolution ” is proposed to be deleted. City Charter Section 700 was amended in 2012 to allow new boards and commissions to be created by resolution. Unless the Council does not want to exercise that power,

this

change

seems

to

be

a

reversion

to

a

now

obsolete

rule.

February 24, 2026, City Council agenda comments - Jim Mosher Page 10 of 12 Under “City Council/Citizens’ Committees (Standing or Ad Hoc)” the word “Annually” has been moved

without

deleting

the

original

occurrence

of

it,

resulting

in

it

appearing

twice

in

the

second

sentence.

As a general comment, the intended distinction between the various kinds of committees does not seem universally followed. For example, under Boards, Commissions and Committees on the City’s website, the City Clerk lists four committees under “Citizens Advisory Committees” even

though

all

four

are

chaired

by

Council

members,

which

would

seem

to

make

them

“Council/Citizens

Ad

Hoc

Committees”

under

the

Policy

A-2

definitions.

It

has

been

a

number

of

years

since

Newport

Beach

has

had

a

true

Citizens

Advisory

Committee,

consisting

solely

of

ordinary

citizens.

Under “New Boards, Commissions, or Committees – Citizen Appointment,” why is the “ enabling ” ordinance

or

resolution

here

called

a

“
formation
”

one?
Under “Annual Appointment List,” if by “posting” at the Central Library, that means on the bulletin

board,

I

don’t

think

that

happens.

It

may

be

in

some

binder

at

the

Reference

Desk,

but

I

don’t

know.

Under “Qualifications,” there should be a requirement for the City Clerk to notify applicants when their

application

has

been

destroyed.

Otherwise

people,

unaware

of

this

policy,

will

imagine

they

have

an

application

on

file

when

they

don’t

and

need

to

re-file.

The “Limit on Service” provisions may be outdated. I believe the Council has established committees

with

terms

other

than

four

years.

I am very concerned about the proposed changes under “Optional Ad Hoc Appointments Committee.”

If

I

understand

the

revisions,

it

looks

like

there

will

no

longer

be

a

confirmation

of

recommendations

at

the

meeting

prior

to

the

one

at

which

appointments

are

made,

and

that

on

the

night

of

appointment,

there

may

be

only

a

single

nominee

to

consider

for

each

position.

Compared

to

other

cities,

we

already

have

a

very

opaque

system

in

which

applicants

are

not

publicly

interviewed.

It

looks

like

these

revisions,

if

adopted,

will

take

the

Council

members

not

on

the

Ad

Hoc

Appointments

Committee

completely

out

of

the

process,

expecting

them

to

rubberstamp

the

selections

made

privately

by

the

Committee.

The provisions under “Business Improvement District Appointments” have always been problematic.

They

defer

to

the

California

Streets

and

Highways

Code,

but

if

I

recall

correctly,

that

code

defers

to

the

city’s

appointments

policy.

Under “Recording of Open Meetings,” I have never understood why we are so anxious to destroy

recordings

after

one

year.

That

seems

far

too

short,

and

I

don’t

think

electronic

storage

costs

make

it

necessary.

In the title to “Use of City Stationary,” the misspelling of “Stationery” was noticed and corrected for

Policy

A-1.

Why

is

it

not

being

corrected

here?

Policy A-12 (Discretionary Grants) Why is the provision allowing an audit of the use of granted funds being deleted?

February 24, 2026, City Council agenda comments - Jim Mosher Page 11 of 12 Policy A-17 (Newport Beach City Council Airport Policy) As noted in the “Overview” above, the redlining is deceptive. This policy has been completely rearranged,

rewritten

and

even

retitled.

The

small

bits

of

redlining

may

represent

further

additions

suggested

by

members

of

the

Aviation

Committee.

Policy B-1 (Park Fee Policy) This policy was not reviewed by PB&R. In the last sentence of the first paragraph under “Service Criteria,” was “ as those trails ” intended to

read

“
and

those

trails
”?

Where and how is the extent of the listed trails defined? … Policy G-1 (Retention, Removal, and Maintenance of City Trees) This policy is the subject of extensive redlining, which may or may not be comprehensive or accurate.

As noted above under “Missing Review by Boards, Commissions and Committees,” it was presented

to

the

Parks,

Beaches

and

Recreation

Commission

at

their

February

meeting,

but

they

did

not

have

time

to

make

recommendations

about

it.

Why would the Council rush to adopt it prior to PB&R’s review? Personally, I am concerned about the deletion of the existing ability to appeal PB&R tree decisions

to

the

City

Council.

I

would

think

at

least

some

of

the

Council

members

would

be

concerned

about

that

as

well.

Without having time to adequately review any of the other provisions, but should it be adopted, I would

simply

note

the

proposed

new

policy

title

(“RETENTION,

REMOVAL

OF

CITY

TREES”)

seems

ungrammatical.

For

consistency

with

the

titling

of

other

policies,

shouldn’t

it

at

least

be

“Retention

and

Removal

of

City

Trees”?

Policy G-6 (Maintenance and Planting of Parkway Trees) This policy was not reviewed by PB&R, although their providing the Council with advice regarding

park

and

parkway

trees

is

arguably

required

by

the

City

Charter.

The changes may be primarily a moving of tree maintenance rules from Policy G-1 to Policy G-6,

but

why

was

“Parkway”

removed

from

the

section

title

of

“STANDARDS

AND

SPECIFICATIONS

FOR

PLANTING

PARKWAY

TREES.”

Isn’t

that

section

still

exclusively

about

parkway

trees?
…

February 24, 2026, City Council agenda comments - Jim Mosher Page 12 of 12 Policy L-23 (The Siting of Wireless Telecommunications Equipment on City-Owned

Property)
This policy is of particular interest to me since it resulted, in 2009, in City staff approving, without any

public

notice,

the

placement

of

cell

antennas

at

eye

level

atop

a

City

streetlight

pole

in

front

of

my

home’s

Upper

Back

Bay

view

windows,

resulting

in

my

involvement

in

City

policy

issues.

Since I understand the City is currently in the process of comprehensively reviewing its cell siting

regulations,

I

have

trouble

understanding

why

this

part

of

that

is

coming

forward

separately,

and

even

if

there

were

a

reason

for

that,

why

it

is

being

wrapped

together

with

revisions

to

15 unrelated

policies,

and,

like

those

other

15,

being

presented

for

approval

with

no

explanation

of

how

it

is

being

changed,

or

why.

That sounds like poor policy making to me. For starters, while I gather that “personal wireless service facilities” may be a term defined in federal

law,

I

think

the

inclusion

of

the

word

“personal”

in

this

City

policy

is

confusing.

Most

readers

will

assume

it

regulates

things

like

a

home

WiFi

connection,

which

I

don’t

think

is

its

intent.

In addition, the proposed new title (“REDUCING BARRIERS TO WIRELESS SERVICE

FACILITIES

ON

PRIVATELY

OWNED

PROPERTY,

ON

CITY-OWNED

AND

CITY-HELD

TRUST

PROPERTY,

AND

THE

PUBLIC

RIGHT-OF-WAY”

–

20 or

24 words

depending

on

how

one

counts

hyphens)

seems

inconsistent

with

the

other

Council

Policy

titles,

both

as

to

length

(many

of

which

are

just

2 or

3 words,

and

longest

is

15)

and

to

tenor.

Something

as

simple

as

“WIRELESS

SERVICE

FACILITIES”

(3

words)

would

be

more

in

keeping

with

the

other

titles.

The new inclusion of “private property” in the title and first two paragraphs is particularly confusing

since

the

third

paragraph

under

“Policy”

on

page

1 seems

to

say

the

policy

does

not

apply

to

private

property.

Why

is

it

being

added

if

the

policy

continues

to

be

only

about

City

property?
Next, without explanation, I do not understand how the City can exclude installations on City property

and

trust

lands

from

any

permit

requirements,

including

coastal

development

permits.

I

don’t

believe

the

City

has

the

latter

power.

I continue to not understand the prohibition on adding cell service antennas to traffic signal poles.

They

seem

to

me,

in

many

cases,

the

most

logical

and

unobtrusive

option.

Doesn’t

the

basis

for

this

restriction

need

to

be

reevaluated?
It seems irresponsible to me to adopt the proposed changes to the rent structure without any explanation

of

where

this

proposal

came

from

and

what,

if

any,

other

options

are

available.

I do not understand why there would be no notification or opportunity for appeal. I do not understand why encroachment permits would not still be required. Is the City completely abandoning

any

control

over

use

of

our

public

rights-of-way?

What

happened

to

our

interest

in

“maintaining

local

control”?

Do

we

assume

all

telecom

companies

have

our

best

interests

at

heart?

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