Cities Index.
Comments on various items

Newport Beach City Council
June 23, 2026

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Comments on various items
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June 23, 2026
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June 23, 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 1. Approval of Minutes The passages shown in italics below are from the draft minutes of the June 9, 2026, Regular City Council Meeting, with suggested corrections shown in strikeout underline format. The draft

minutes

have

been

posted

as

a

10-page

PDF.

The

page

numbers

refer

to

those

printed

at

the

lower

left

of

each.

Page 1 ends

4:00

p.m.
”

Page 1 ends

Islamic

Educational

Center

of

Orange

County
.”

[Essentially,

all

references,

including

the
IECOC website, indicate the Imam’s last name begins with “al-”.] Page 2 , paragraph 4: “ Councilmember Weigand recommended geo-fencing social media advertisements

to

reach

visitors

in

and

around

Newport

Beach,

noted

the

Oceanfront

area

near
Handle’s Handel’s Homemade Ice Cream as a prior year flashpoint, and acknowledged

the

increased

camera

presence

as

a

deterrent
”

Page 3 ends

consent

calendar

vote,

City

Manager

Seimone

Jurjis

provided

the
government code
Government

Code-required oral summary of salary ranges and fringe benefits for the Police

Chief

and

Fire

Chief

employment

agreements

(Item

9).
”

Page 4 ends

Jim

Mosher,

who

raised

a

correction

to

minutes

(spelling

of
Findlay Finley Tract) , …”
Item 2. Ordinance No. 2026-08: Updating Title 1 (General Provisions) of

the

Newport

Beach

Municipal

Code

Related

to

City

Employees'

Enforcement

of

the

Municipal

Code

and

State

Law
I continue to think that for the success of government of, by and for the people, the legislative role

of

an

elected

city

council

is

an

important

one,

and

that,

as

a

result,

the

introduction

and

adoption

of

staff-suggested

new

ordinances

on

the

consent

calendar

with

minimal

explanation

and

no

public

discussion

is

a

bad

idea.

Citizen

oversight

seems

particularly

important

when

changes

are

proposed

to

the

police

powers

of

public

employees.

From the redline, it appears that Park Patrol Officers currently have a limited and well-defined role.

How

will

this

expand

that?
What provisions of Divisions 1, 1.5 and 2 of the California Harbors and Navigation Code will this allow numerous City employees to write citations for that they previously could not? Does this mean

“Harbor

Safety

Officers”

will

be

taking

over

the

functions

of

the

Sheriff’s

Harbor

Patrol?

June 23, 2026, City Council agenda comments - Jim Mosher Page 2 of 9 The inclusion of Division 1 is particularly puzzling because unlike Division 1.5 and Division 2, which define rules and offenses, Division 1 appears to consist solely of administrative regulations

creating

and

empowering

the

Department

of

Boating

and

Waterways

and

the

Boating

and

Waterways

Commission.

What

citations

would

City

employees

be

writing

to

enforce

HNC

Division

1?
As to the proposed revisions to existing NBMC existing NBMC Subsection 1.12.020.D, why shouldn’t the City Clerk be required to post the “designated position list” online? Why should residents

have

to

request

a

copy?
Note : Per an announcement posted by the City’s codifier, the above link to “existing Subsection 1.12.020.D” is to a new platform, “ecode360,” hosting the City’s Municipal Code, and replacing the same firm’s previous “General Code” platform, on which the same code was found at old platform Subsection 1.12.020.D. I am sure the new platform has many useful features. However, it generates an arguably less readable display of the code text, and it generates shorter

but

less

intuitive

URL’s

incorporating

a

number

unrelated

to

the

code

section

being

cited:
https://ecode360.com/50125904 vs. https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach01/NewportBeach0112.html#1.12.020. More importantly, as currently deployed it appears to be lacking the advanced search capabilities

that

made

the

old

platform

particularly

useful.

And

it

provides

“Help,”

much

of

which

appears

to

relate

to

things,

including

the

new

“Advanced

Search.”

that

may

be

unavailable

without

a

“login,”

and

the

login

looks

to

be

available

only

to

City

employees.

An

inability

to

easily

search

the

City’s

codes

would

be

a

serious

loss

for

the

public.

Still more importantly, neither the old nor the new code platform appears to reflect any of the ordinances

adopted

by

the

Council

in

the

last

six

or

seven

months,

including

the

one

from

December

restructuring

the

City’s

departments.

Hence,

it

has

become

an

unreliable

guide

to

Newport

Beach’s

current

laws.

So

while

in

this

item

the

Council

is

being

asked

to

adopt

references

to

the

new

“Administrative

Services

Department”

and

“Municipal

Operations

Department,”

those

reading

either

of

these

versions

of

the

City’s

codes

do

not

see

either

those
departments listed in Chapter 2.12 (“Administrative Departments”). That is certainly confusing, and I do not recall such long delays in the past.

Item 3. Ordinance No. 2026-09: Amending the Newport Beach Municipal

Code

to

Regulate

and

Manage

Certain

Activities

within

Newport

Harbor
Again, I do not think it is a good idea for the Council to introduce and adopt new and revised laws

on

the

consent

calendar

without

public

discussion,

even

if

their

adoption

is

recommended

by

an

appointed

commission,

as

these

purportedly

are.

June 23, 2026, City Council agenda comments - Jim Mosher Page 3 of 9 While some attempt at a written explanation of “[t]he most notable changes” is made, I do not see

any

explanation

of

the

extensive

redlining

that,

if

adopted,

would

add

a

new

NBMC

Section

17.10.022

(Issuance

of

Administrative

Subpoenas).

As to the other proposed revisions, the revised Subsection 17.10.020.A would appear to require a

marine

activities

permit

for

advertising

an

activity

subject

to

a

marine

activities

permit.

Does

that

mean

a

publication

(whether

print

or

electronic)

that

carries

ads

for

rental

or

charter

boat

services

will

itself

need

a

MAP

(
in

addition

to

the

new

Subsection

Section

17.10.020.C

requirement

for

the

ad

to

display

the

advertiser’s

MAP

number)?
Regarding the revised hearing notification requirements of proposed Subsection

17.05.140,B.2.a.ii,

the

exclusion

of

“intervening

rights-of-way

and

waterways”

is

a

quite

common

feature

of

noticing

requirements.

With

the

Harbor’s

wide

channels

(some

more

than

1000

feet),

the

exclusion

of

waterways

does

lead

to

notices

being

sent

to

quite

distant

addresses

that

may

have

little

interest

in

the

matter

being

noticed,

and

clearly

would

benefit

from

reform.

However,

why

is

the

exclusion

for

public

rights-of-way

also

being

removed?

And

shouldn’t

the

radius

being

notified

be

increased

to

compensate

for

including

the

width

of

rights-of-way

and

waterways

in

the

measured

distance?

300

feet

would

already

seem

to

be

at

the

lower

end

for

notification.

Newport

Beach

must

not

be

the

only

agency

facing

this

problem.

Were

other

solutions

to

how

to

word

the

noticing

requirement

considered?

How

does

the

Community

Development

Department

handle

this

for

their

notices?

And

if

it

is

a

problem

for

them,

as

well,

does

their

code

need

to

be

revised

as

well?

Item 4. Ordinance No. 2026-07: Updating Titles 13 (Streets, Sidewalks and

Public

Property)

and

20 (Planning

and

Zoning)

of

the

Newport

Beach

Municipal

Code

Related

to

Personal

Wireless

Service

Facilities
I am pleased to see staff’s request to postpone the possible adoption of this ordinance, even if that

postponement

is

not

for

the

reason

I

would

hope:

which

is

that

this

is

a

deeply-flawed

proposal

in

need

of

revision.

Even

the

name

“personal

wireless”

is

misleading,

since

it

does

deal

(except

incidentally)

with

private

facilities

an

individual

person

might

want

to

install,

but

rather

with

corporate

facilities

intended

to

serve

customers,

whether

the

customers

are

persons

or

not.

At the June 9 meeting where this ordinance was introduced, the staff report said it is adopting an approach used in Santa Monica. While it is true Santa Monica puts the approval of sites in the public right-of-way with its Public Works Department, Santa Monica does not exempt from its

codes

all

non-public-right-of-way

city-owned

property.

As

I

read

this

a

proposal

for

a

new,

undisguised

wireless

tower

on

any

City

property

outside

the

coastal

zone,

including

in

the

middle

of

a

City

park,

would

fall

completely

outside

the

Municipal

Code

and

would,

at

most,

need

sign-off

from

the

City

Manager.

In

the

absence

of

some

other

regulations,

it

would

certainly

not

require

any

public

knowledge

that

an

application

or

construction

was

pending.

June 23, 2026, City Council agenda comments - Jim Mosher Page 4 of 9 Item 5. Community Programs Grants, Community Event Assistance and

Strategic

Sponsorship

Recommendations

for

Fiscal

Year

2026-27
THIS SHOULD NOT BE ON THE CONSENT CALENDAR. The City’s Finance Committee does not normally review the proposed Community Grants applications.

However, as Item VI.A at their May 14 meeting , staff asked the committee to review the financial documentation provided by grant applicants, to assist with staff’s recommendation to substantially

reduce

the

amount

of

taxpayer

money

being

contributed

to

private

organizations.

Particularly

for

certain

major

events,

staff

planned

to

cut

funding

recommendations

by

half

based

on

a

principle

“that

such

events

should

not

become

dependent

on

continued

City

funding

when

the

event

is

showing

a

profit.”

Some Finance Committee members, including some with ties to organizations benefitting from the

contributions,

recommended

the

City

should,

instead,

substantially

increase

the

grants,

especially

the

largest

ones.

No minutes from that meeting are provided to allow the Council members or the public to review what

was

said

or

what

might

have

been

recommended.

Instead, with no redlining or clear explanation of what is being proposed, staff is recommending adoption

of

completely

rewritten

and

renamed

grant

policies,

including

what

was

formerly
Council Policy B-12 (“Co-Sponsorship of Annual Fireworks Events”) becoming a much broader new “Strategic Sponsorship Policy.” And then, based on these new policies, none of which were previously seen, reviewed or approved

by

the

Finance

Committee

or

anyone

else,

staff

is

asking

for

the

existing

budget

allocation

for

the

coming

year’s

taxpayer

giveaways

to

be

increased

by

$217,697.

I completely disagree with the idea of plowing taxpayer money into activities that do not need it to

survive,

and

I

particularly

object

to

taxpayer

funding

of

private

ticketed

events.

Item 8. Public Bathroom Gate Fabrication and Installation Notice of Completion

for

Contract

No.

9761-1
I appreciate that staff, through the contractor, was doing what the Council had ordered, but I think

the

logic

of

the

idea

that

blocking

access

to

public

restrooms

is

a

public

good

is

questionable.

Item 11. Approval of Professional Services Agreement with GMU Geotechnical,

Inc.

for

Pavement

Management

Program

and

Inspection

Services

(Contract

No.

9966-1)

(27R01)
It is not clear from the staff report if the scores presented represent technical qualifications, only. If they dodn’t include cost, since the two top bidders ranked so closely, shouldn’t cost have been a

consideration

in

choosing

between

them.?

June 23, 2026, City Council agenda comments - Jim Mosher Page 5 of 9 Item 17. Amendment No. One for an Agreement with Interior Office Solutions,

Inc.

DBA

PeopleSpace

Inc.

for

Space

Planning

and

Freestanding

Modular

Furniture

Installation

Services

(Contract

No.10127-1)
Staff evidently entered into this contract about two months ago at an amount not needing Council approval. The staff report does not indicate what new, unanticipated tasks have arisen since

then

that

now

require

such

public

approval.

If the scope of the work now being requested could have been predicted, shouldn’t this contract have

come

to

the

Council

in

the

first

place?

Item 19. Visit Newport Beach, Inc. Fiscal Year 2027 and 2028 Destination

Business

Plan

Budget,

Leisure

Marketing

(TOT)

Fiscal

Year

2027-

28 Budget

and

Performance

Standards

Report
This item involves a large amount of public money. I wish I had time to review it before the meeting,

but

I

do

not.

Item 20. Appointments to Police Headquarters Advisory Committee I think it commendable that the Council is returning to former Mayor Stapleton’s original proposal

to

include

citizen

members

on

the

committee

exploring

options

for

rebuilding

the

Police

Headquarters.

I continue to find fault with the way members are selected. Our City Charter places power in the Council

collectively,

not

in

individual

members.

I

do

not

think

it

proper

for

a

committee

of

three

to

make

the

selections,

and

for

even

their

selections

to

be

potentially

overridden

by

a

single

person,

the

Mayor.

While, as Council member Weigand has repeatedly pointed out, the members who were not part of

this

process

can

suggest

different

appointments.

But

that

does

not

make

it

an

open

or

transparent

process.

What criteria were used for sifting through the 31 applications? How many applicants were interviewed?

Why

were

the

interviews

not

conducted

in

public?

What

questions

were

asked?

How

were

the

selections

made?

Were

the

recommendations

unanimous?
The public has answers to none of those.

Item 21. Planning Commission Agenda for the June 18, 2026, Meeting With regard to Item No. 2 Westcliff At Dover Residential Development (PA2025-0254) Site Location:

1501

16th

Street,

the

statement

that

“
The

Planning

Commission

conducted

a

public

hearing,

considered

public

input,

and

approved

the

project

with

amendments

to

the

Conditions

of

Approval,

including

the

addition

of

new

conditions

primarily

related

to

site

and

building

design
”

does

not

adequately

describe

the

hearing

of

an

application

to

construct

30 townhomes

in

buildings

44-feet

tall

on

a

property

abutting

the

Environmental

Nature

Center

and

its

preschool.

June 23, 2026, City Council agenda comments - Jim Mosher Page 6 of 9 Even after limiting speakers to 2-minutes each, the Commission heard nearly one hour of testimony,

nearly

all

in

opposition

to

the

project.

It seems notable to me that several of the Commissioners suggested the government in Sacramento

had

wrested

local

control

from

the

City

and

forced

it

to

approve

projects

the

citizens

might

not

like,

and

would

even

allow

a

worse

project

on

the

site.

In

fact,

I

believe

the

speakers

were

right

to

object.

By

failing

to

solicit

their

input

earlier,

the

City

had

squandered

the

control

it

does

have.

Although

the

state

does

require

that

the

City

entitle

new

housing,

no

one

required

the

City

to

identify

1501

16th

Street

as

a

“housing

opportunity

site,”

and

no

one

required

it

to

place

a

“housing

overlay”

on

the

property,

allowing

up

to

75 housing

units

in

buildings

up

to

65-feet

tall.

And

no

one

is

requiring

it

to

entitle

more

market

rate

housing

than

it

has

already

entitled.

Item 22. Resolution Nos. 2026-48 and 2026-49: Overriding the Orange County

Airport

Land

Use

Commission

and

Adopting

the

Newport

Beach

2050

General

Plan
It will not be possible to comment adequately on this item in writing, and even less so in three minutes

orally.

As someone who served on the General Plan Advisory Committee, it was disappointing to find staff

urging

the

disbanding

of

that

body

after

its

January

meeting,

when

so

much

seemed

unfinished

and

imperfect.

Throughout

the

process,

the

committee

was

under

the

impression

the

key

to

the

plan’s

success

would

be

the

creation

of

a

better

Implementation

Plan,

but

in

the

end,

apparently

driven

by

the

consultant’s

contract

terminating

on

July

1,

the

GPAC

was

asked

to

approve

the

Implementation

Plan

in

concept

only,

leaving

all

its

details

to

staff,

and

never

saw

the

proposed

Glossary

(which

could

define

in

unexpected

ways

the

words

the

committee

members

had

seen)

at

all.

The GPAC also did not see staff’s recent changes to Table LU-1 (Anomaly Locations), which creates

exceptions

to

the

more

general

land

use

designations,which

oddly

appear

in

a

later

Table

LU-2

even

though

in

the

text

the

land

use

designations

are

described

before

the

exceptions

to

them.

Those

changes

consisted

of

adding

columns

for

“Tracking

Updates”

and

“Reference

Numbers/

Documents.”

While

those

are

certainly

helpful

notations,

most,

if

not

all,

of

these

document

transfers

of

development

“rights.”

I

believe

at

least

some

of

these

prior

land

use

changes

were

made

to

avoid

Greenlight

votes.

Those

are

especially

the

ones

that

note

“converting”

allocations

for

hotel

rooms

into

dwelling

units.

Greenlight

does

not

allow

such

conversions,

but

it

counts

the

new

units

only

when

they

are

added

by

amendment

to

the

General

Plan,

and

the

transfers

were

not

regarded

as

amendments.

This

raises

the

interesting

question

of

whether

the

present

General

Plan

Update

requires

a

Greenlight

vote,

since

it

appears

staff

is

seeking

to

amend

the

General

Plan

to

include

those

converted

units
.

However that may be, it is interesting to see, among other curiosities, that Anomaly 46, for the “Tennis

Club

at

Newport

Beach”

property,

grants

an

allocation

for

some

housing,

but

no

hotel

development,

while

Anomaly

43,

for

the

VEA

hotel

property,

grants

an

allocation

for

hotel

rooms,

June 23, 2026, City Council agenda comments - Jim Mosher Page 7 of 9 but no residential units, even though a previous Council may have approved a massive residential

tower

there.

Regarding the plan as a whole, it is good to see the Table of Contents indicates it will include the

Circulation

Element

and

Housing

Element,

even

though

those

do

not

appear

to

be

part

of

what

the

Council

is

being

asked

to

approve.

I have previously commented on how the present process with a single Planning Commission and

a

single

Council

hearing

contrasts

with

the

previous

comprehensive

update

in

2006,

when

there

were

months

of

solid

hearings

on

each

piece

by

both.

The staff report (page 4) continues to say the vision for the various General Plan components and

elements,

is

that

“
While

they

are

provided

in

PDF

format,

it

is

intended

that

the

Newport

Beach

2050

General

Plan

will

primarily

be

maintained

in

an

online,

interactive

format

on

the

City’s

website
.”

Apparently

if

this

is

approved

on

June

23,

the

consultant

will

be

able

to

throw

that

together

in

the

remaining

7 days

of

their

contract.

It

is

comforting

to

see

on

the

same

page

that

“
Printed

copies

will

still

be

available

at

various

City

locations,

including

the

Central

Library,

and

will

be

periodically

maintained
.”

That

is

a

stark

contrast

to

the

fate

of

the

printed

copies

of

the

existing

General

Plan,

which

were

assiduously

removed

from

public

view

about

a

decade

ago

(likely

in

violation

of

instructions

in

previous

adopting

resolution).

Setting aside the merit of the many policies being proposed, as a former GPAC member, it has been

frustrating

trying

to

get

even

technical

defects

corrected.

For

example,

the

Land

Use

Element

now

being

proposed

for

adoption

includes

probably

unintended

annotations

as

to

where

each

policy

came

from.

I

have

frequently

questioned

what

appear

to

be

factually

incorrect

statements

it

contains,

such

as

that

the

“
residential

community

of

approximately

84,900

residents

…

is

expected

to

reach

88,650

residents

by

2045
”

(when

much

more

population

growth

must

be

expected

based

on

the

housing

being

approved),

that

“
Newport

Beach

surrounds

Newport

Bay,

where

approximately

4,300

boats

of

all

types

are

docked

within

the

21-square-mile

Newport

Harbor

area
”

(when

the

actual

harbor

would

seem

less

than

2 square

miles,

and

the

number

of

boats

larger),

and

that

we

have

a

“487-acre”

acre

Sphere

of

Influence

(when

it

is

likely

smaller).

It

seems

impossible

to

get

them

changed.

As to the Glossary, which the GPAC never saw, it seems telling the GPAC was never asked to consider

how

the

words

in

the

text

and

policies

it

was

reviewing

might

be

defined,

nor

whether

some

of

the

words

it

was

using

needed

to

be

defined.

It seems notable staff proposes to define "feasible," a term frequently used in policies, but does not

propose

to

define

“reasonable,”

even

though

it

appears

almost

as

frequently

in

policies

and

even

forms

part

of

the

definition

of

"feasible."
The staff report (page 9) says “ The Glossary has been updated to remove definitions for terms that

are

not

present

in

the

Newport

Beach

2050

General

Plan
.”

While

that

is

commendable,

it

is

not

clear

if

there

are

new

words

that

need

definitions,

such

as

“resilience”

or

“sustainable.”
It is also not clear how thorough the cleaning of the old Glossary was. Should anyone be interested,

the

following

is

a

list

of

words

that

will

be

defined

in

the

Glossary

being

proposed

for

adoption,

but

which

likely

are

not

used

anywhere

in

the

proposed

text

or

the

Circulation

Element

June 23, 2026, City Council agenda comments - Jim Mosher Page 8 of 9 or the Housing Element (the list of words that appear in the Glossary only because they are used,

sometimes

only

once,

to

define

other

words

in

the

Glossary

would

be

even

longer):

Alquist-Priolo Earthquake Fault Zoning Act Bluff Top Retreat (or cliff top retreat) Breach California Least Tern Canyon Edge Charter Vessel Cluster Development Community Redevelopment Agency Congestion Management Plan Cul-de-sac Cumulative Effect (Cumulative Impacts) Dedication, In lieu of Dominant Downcoast Eminent Domain Emission Standard Energy Facility Entertainment/Excursion Vessels Ephemeral Fault, Inactive Federal Coastal Act Fire-resistive Flood Insurance Rate Map Flood, Regulatory Base Floodway Global Positioning System (GPS) Harbor Lines Harbor Regulations Historic District Hydrology Launching Facility Marine Protected Area Marine Reserve Marine Sales and Service Uses & Vessels Marine System Noise Referral Zones Non-attainment Non-conforming Structure Non-conforming Use Offer to Dedicate Oil Seep Open Coastal Waters

June 23, 2026, City Council agenda comments - Jim Mosher Page 9 of 9 Para-transit Public Parking Area Parking Ratio Private Pier Public Pier Pocket Beach Regional Housing Needs Plan Resilient Infrastructure Upgrades Rill Sand Source Sandstone Seas Shore Mooring Speed, Critical Spit Substantial Repair Subtidal Temporary Event Tidal Range Total Maximum Daily Load Traffic Model Treatment Works Upcoast Urban Heat Island Effect Vernal Pools Water Course Water-Enhanced Use Wave Height Wave Period Wave Run-up

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