Cities Index.
Written Comments

Newport Beach City Council
August 25, 2026

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Written Comments
Meeting
August 25, 2026
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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.

August 25, 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 III. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED

ON

A

FUTURE

AGENDA

(NON-DISCUSSION

ITEM)

Item 1. Approval of Minutes The passages shown in italics below are from the draft minutes, with suggested corrections shown in strikeout underline format. The draft minutes have been posted as a 16-page PDF without

page

numbers.

The

page

numbers

below

refer

to

the

location

in

the

PDF.

Page 2 ends

expressed

concern

that

relocating

Fire

Station

No.

3 to

the

OCTA

site

would

extend

emergency

response

times

to
East Bluff Eastbluff, which currently benefits from the station's

direct

Jamboree

access
.”

Page 10 ends

and

whether

the

…”

Page 14 ends

inclusionary

rate

and

echoed
Moser's Mosher's concerns regarding the density bonus law analysis.
”

Page 16 ends

Newport

Beach

Mayor

and

Councilmember

Jan

Debay

…”

[ comment : The clock visible in the meeting video confirms the Roll Call reported on page 1 occurred at 4:00 p.m. However, it indicates the comments in memory of Jan Debay were delivered starting at approximately 6:51 p.m., prior to (not after) the closed session, and that the meeting ended at 7:26 p.m. If the minutes are not accurate about when and how the meeting ended, what assurance is there that they are reliable about anything else?] Item 2. Ordinance No. 2026-11: Amending Section 3.36.030 of the Newport

Beach

Municipal

Code

and

Repealing

Exhibit

A

of

Section

3.36.030
Summary : Removing the Cost Recovery Table is unwise.

August 25, 2026, City Council agenda comments - Jim Mosher Page 2 of 9 This item removes the Cost Recovery Table from the Municipal Code. I continue to think that is unwise.

The table has served as the basis of fees assessed in the City’s Schedule of Rents, Fines and Fees.

As

long

as

it

is

in

the

Municipal

Code

one

knows

by

looking

at

that

code

section

that

one

is

seeing

the

currently-adopted

version,

as

well

as

being

able

to

see

its

revision

history

in

the

list

of

amending

ordinances.

If, after this change, cost recovery percentages are assigned, possibly arbitrarily, on a line-by-line

basis

in

the

Schedule

of

Rents,

Fines

and

Fees

itself,

then

that

easily-accessible

history

is

lost,

as

well

as

the

bigger

picture

of

similar

percentages

being

intended

to

be

applied

to

larger

categories

of

fees.

Item 3. Ordinance No. 2026-12: Approving a Zoning Code Amendment and

Ordinance

No.

2026-13:

Approving

a

Development

Agreement

for

the

1300

Dove

Street

Townhome

Project

(PA2025-0170)
Summary : Is the City making a $5.5 million gift of public funds? This item involves the City giving up roughly $5.5 million of revenue the applicant would normally

be

expected

to

pay.

The

applicant

claims

this

is

a

concession

they

are

entitled

to

under

state

Density

Bonus

Law

in

exchange

for

promising

that

7 (5%)

of

the

132

townhomes

they

are

proposing

will

be

affordable

to

families

with

very

low

incomes.

The requirement to be eligible for the concession in the state Density Bonus Law is that at least 5%

of

“base

units”

be

affordable

to

very

low

income

households.

At the July 28 hearing where these ordinances were introduced, I argued there was a legitimate question

as

to

whether

7 units

were

enough

to

meet

this

threshold.

The question is: “What is meant by “base units”?” The applicant argues “base units” is the number of units proposed before adding any additional units

allowed

by

the

bonus

law.,

in

this

case

132,

of

which

5%

(rounding

up)

is

7 units
.

While using the proposed rather than maximum density has long been the interpretation in Newport

Beach,

it

is

not

necessarily

correct,

especially

with

the

frequent

changes

to

the

state
law. Indeed, a recent amendment to Government Code Section 65915(o)(6) equates “base density” with “maximum allowable residential density” and says it “ means the greatest number of units

allowed

under

the

zoning

ordinance,

specific

plan,

or

land

use

element

of

the

general

plan
.”

In our current General Plan Housing element the maximum allowable residential density of this

6.5-acre

site

at

50 dwelling

units

per

acre

is

325

units,

from

which

it

follows

that

(if

that

is

the

“base

density”),

17 units

affordable

to

very

low

income

households

would

be

needed

to

be

reach

the

5%

threshold

and

be

eligible

for

any

concession.

At the July 28 hearing, I cited the state Department of Housing a Community Development Department’s 7-page April 2026 State Bonus Law Fact Sheet and the City of Beverly Hills’ Density Bonus Guidelines page in support of the 17-unit interpretation. In response, Mayor Pro

August 25, 2026, City Council agenda comments - Jim Mosher Page 3 of 9 Tem Blom said a quick check of the Beverly Hills website indicated that “ 5 units of moderate was their

threshold
.”

I

don’t

know

what

the

Mayor

Pro

Tem

was

looking

at,

but

the

Beverly

Hills

guidelines

page

says

(at

the

end

of

the

first

part

of

its

“Eligibility

Requirements”

section):

“
Eligibility

is

based

on

the

percentage

of

affordable

units

provided

as

a

share

of

the

project’s

total

units

(more

commonly

referred

to

as

base

density
),

which

is

defined

as

the

maximum

number

of

units

allowed

by

local

zoning

or

general

plan

designation

before

applying

density

bonus

(GC

§65915(o)(9))
.”

The HCD Fact Sheet says (under “State Density Bonus Eligibility”): “ The percentage of affordable

units

is

calculated

off

the

base

project
,

meaning

the

total

number

of

units

prior

to

any

units

added

through

additional

density

or

other

benefits

of

the

law.

The

base

project’s

density

is

based

on

the

gross

residential

density

of

the

parcel(s)

that

comprise(s)

the

housing

development

site

and

the

highest

residential

density

available

under

the

zoning

ordinance,

specific

plan,

or

land

use

element

of

the

general

plan
.
”
As a result, there is certainly a reasonable question as to whether the “base density” for this project

is

the

132

units

the

applicant

proposes

or

the

325

units

the

General

Plan

allows,

and

hence

whether

the

number

of

very

low

income

units

needed

to

be

eligible

for

any

concession

is

7 or

17. I understand our Community Development Department may be communicating with HCD, asking

if

they

need

to

correct

their

Fact

Sheet.

I

do

not

know

if

there

has

been

any

response,

but

to

date

it

has

not

been

revised.

I, therefore, remain concerned the City is giving up $5.5 million of revenue under color of state

law

when

there

may,

in

fact,

be

no

state

law

requirement

to

do

so
.
(Our City Attorney has asserted that charter cities, unlike most other California governmental entities,

are

free

to

make

gifts

of

public

funds.

But

even

if

that

is

correct,

why

would

be

making

a

gift

to

this

particular

developer?)

Item 20. Certification of Results and Review of Options for Three Citizen-Sponsored

Charter

Amendment

Initiative

Petitions

Summary The City’s efforts to thwart the public’s right to vote on these matters that the public, through its signatures,

has

demonstrated

it

wants

to

vote

on

has

been,

and

continues

to

be,

outrageous.

First by creating delay by refusing to perform its ministerial duties until ordered by a court to do so,

and

most

recently

by

claiming

it

needed

to

step

in

to

protect

voters

from

the

unexplained

harm

that

would

befall

them

when

it

was

belatedly

noticed

that

the

announcement

of

the

pending

circulation

of

the

petitions

had

been

published

in

a

paper

that

was

not

the

City’s

preferred

paper.

At

the

August

19 court

hearing,

the

attorney

representing

the

City

explained

the

reason

the

City

is

suddenly

so

concerned

about

the

noticing

issue

is

that

without

that

publication

for

a

single

day

in

the

“Legal

Notices”

section

of

the

print

edition

of

the

City’s

preferred

newspapers,

the

City

now

fears

Newport

Beach

voters

might

not

have

known

the

petitions

were

being

circulated

and

been

able

to

ask

questions

about

them.

August 25, 2026, City Council agenda comments - Jim Mosher Page 4 of 9 Not only is it unclear how a single day of obscure print publication would have corrected that, but

if

the

City

were

truly

so

concerned

about

voters

being

informed,

it

could

have

posted

not

only

notice

that

the

petitions

were

being

circulated,

but

the

full

text

of

the

measures,

on

its
website. Yet, to this day, the City Clerk’s GENERAL MUNICIPAL ELECTION - NOVEMBER 3, 2026 webpage does not mention these measures are pending, nor even provide access to the text of the one initiative measure the Council previously approved for placement on the November 2026 ballot, or to the arguments for or against it. Now the City claims, in proposed Resolution No. 2026-73, explaining why putting these three measures

on

the

November

2026

ballot

is

not

feasible,

it

would

create

a

“compressed

schedule”

of

review,

incompatible

with

the

orderly

process

voters

are

entitled

to.

Yet

it

is

the

City,

itself,

through

its

unremitting

tactics

of

delay,

disruption

and

frivolous

challenge

that

has

created

the

compressed

schedule.

The

purported

concern

over

subjecting

voters

to

a

compressed

schedule

is

surely

as

insincere

a

concern

as

the

previous

purported

concerns.

These three measures belong on the November 2026 ballot .

Continued Lack of Transparency Since the staff report says the present action will be taken in compliance with the August 19 court order, why do the many attachments to the report not include the order (which, incidentally, precludes the City from arguing that putting the measures on the November 2026 would not allow

sufficient

time

to

review

the

arguments

for

and

against

–

which

is

precisely

one

of

the

arguments

the

City

makes)?
And why, on the City’s agenda posting website, has the link to the “Meeting details” for this meeting been disabled?

City Manager’s Claims about Improper Use of Initiative Process to Gain Personal

Financial

“Leverage”
Given that background, the fate of these three Charter amendments seems one of the most important

matters

on

the

present

agenda.

It

is,

therefore,

strange

to

find

this

item

not

mentioned
at all in the On the Agenda portion of City Manager Seimone Jurjis’ August 21 From City Hall to You newsletter, which instead mentions only a different petition to be discussed in closed session (see Item 21, below). Was the newsletter prepared before it was known if this item would

be

on

the

agenda?

August 25, 2026, City Council agenda comments - Jim Mosher Page 5 of 9 These three petitions were, however, alluded to in his August 14 newsletter. In that newsletter, without explaining what they are about, City Manager Jurjis suggests the motivation behind the petitions

is

not

to

accomplish

some

public

good,

but

rather

to

“
provide

leverage

in

disputes

involving

substantial

private

economic

interests
”

of

their

financial

sponsor,

developer

Ken

Picerne.

This is an interesting claim on several levels. First, it completely discredits the wishes of the thousands of voters whose signatures indicate they

thought

the

issues

important

enough

to

merit

a

vote

irrespective

of

who

might

be

paying

to

make

possible

their

circulation.

If

concern

about

the

motivations

of

a

measure’s

financial

supporters

was

a

valid

reason

for

withholding

a

measure

from

the

ballot,

it

would

have

been

brought

up

in

the

City’s

many

court

filings.

To

the

best

of

my

knowledge,

it

was

not.

Second, the leverage presumably exists because the City Manager believes Mr. Picerne could offer

to

withdraw

the

petitions

in

return

for

some

self-dealing

concession

on

the

part

of

the

City,

and

City

management

would

find

that

an

attractive

exchange.

But

Mr.

Picerne

has

no

power

to

withdraw

the

petitions.

That

power

belongs

only

to

the

proponent,

and

the

proponent

is

former

Council

member

and

Mayor

Duffy

Duffield

and

his

Newport

Beach

Stewardship

Association.

Mr.

Picerne

is

only

a

financial

supporter.

So

for

Mr.

Picerne

to

have

“leverage,”

the

City

Manager

seems

to

believe

he

controls

former

Council

member

and

Mayor

Duffield.

While

I

am

not

so

naive

as

to

think

some

city

council

members

in

some

cities

may

not

be

controlled

by

outside

financial

interests,

that

seems

a

rather

sad

observation

for

our

City

Manager

to

make

of

our

City

Council.

Finally, and by far more importantly, if the City Manager is correct that Mr. Picerne controls Mr.

Duffield,

and

the

threat

of

these

measures

going

to

a

vote

gives

Mr.

Picerne

“leverage”

with

the

City

through

his

power

to

have

Mr.

Duffield

withdraw

them,

then

why

is

he

recommending

the

Council

put

them

on

the

November

2028

ballot

rather

than

the

November

3,

2026,

one?
California Government Code Section 9266.5 allows charter amendment proponents to withdraw their measure only up to 88 days before the election. For the November 3, 2026, election, that deadline

passed

on

August

7. So,

if

the

Council

puts

Mr.

Picerne’s

measures

on

the

November

2026

ballot,

Mr.

Picerne’s

leverage

will

be

gone:

he

can

no

longer

offer

to

withdraw

them

in

return

for

a

“deal.”

But

if

the

Council

follows

the

staff

recommendation

to

put

them

on

the

November

2028

ballot,

then

Mr.

Picerne,

through

his

implied

control

of

Mr.

Duffield

and

through

him

the

possibility

of

withdrawing

the

measures,

will

have

leverage

over

the

City

for

another

two

years
.

Or did the City Manager get his measures mixed up, again, and was his August 14 newsletter regarding

Mr.

Picerne’s

nefarious

motives

not

about

the

three

Charter

amendment

petitions,

but

about

the

“Responsible

Housing

Initiative,"

which

the

City

Manager

believes,

if

approved

by

voters,

would

give

Mr.

Picerne

some

sort

of

unexplained

private

financial

benefit?

I

don’t

know.

August 25, 2026, City Council agenda comments - Jim Mosher Page 6 of 9 Technical Observation It is interesting to note that one of staff’s recommendations in the latest version of the agenda that I have seen is for the Council to “ g) Review the draft arguments for the Three initiatives and NBSA’s

ballot

arguments

against

the

Three

Initiatives.
”

{emphasis

added]
I have trouble understanding why NBSA, after working so hard to get the measures on the ballot,

would

be

arguing

against

their

adoption.

Is this part of the “leverage” considerations that I don’t understand? Conclusion Considering the court found inapplicable most of the Elections Code timing considerations that might

otherwise

have

compelled

such

a

result,

I

do

not

believe

staff’s

recommendation

for

the

Council

to

defer

the

public’s

vote

on

these

three

measures

to

the

November

2028

ballot

has

anything

to

do

with

a

desire

to

“protect”

voters

rights.

Instead,

it

seems

a

naked

ploy

to

buy

two

more

years

in

which

to

use

taxpayer

money

to

litigate

to

crush

those

rights

and

prevent

these

three

measures

from

ever

being

voted

on.

That seems evident from staff’s August 21 decision, notwithstanding the present pretense of complying

with

the

court

order,

to

file

a

petition

seeking

to

be

relieved

of

the

duty

to

comply

with
it from the Court of Appeal, in what is now Case No. G067335. And if the claim is that the City is trying to save taxpayer money, I think it can be confidently predicted the court costs of this continuing

effort

to

block

the

public’s

right

to

vote

will

far

exceed

what

it

would

have

cost

to

simply

hold

the

election

that

the

voters

requested.

Again, more than 9,000 Newport Beach voters have, with their signatures, asked to vote on

these

three

measures.

They

belong

on

the

November

3,

2026,

ballot,

and

nowhere

else
.

Postscript Regarding District Voting While I firmly believe in the right of those who signed these three petitions to have them voted on,

that

does

not

mean

that

I

myself

signed

the

petitions

or

intend

to

vote

“yes”

on

them.

In fact, the only one I currently feel strongly should be passed is the one amending the City Charter

to

switch

from

“from-district”

to

“by-district”

voting.

And even that is not because I think the “from-district” system we have had since 1955 is bad, but

because

I

don’t

think

it

is

being

implemented

as

intended,

which

I

believe

was

to

ensure

geographic

diversity

on

the

Council

by

setting

up

districts

with

candidates

nominated

from

each,

but

voted

on

by

the

whole

City

and

each

representing

the

entire

City

equally.

So, it is interesting to see the arguments for and against the District Voting measure, which are found in “Attachment P” and “Attachment 0” (which, if the Council delays the measure to the November 2028 ballot, can be withdrawn and rewritten). Both sides say we currently elect representatives to “represent” districts, and City staff seems to have

come

to

see

it

that

way,

as

well,

treating

each

of

the

seven

districts

as

if

it

has

a

single,
specific “elected representative.” But where in our present City Charter Section 400 does it say

August 25, 2026, City Council agenda comments - Jim Mosher Page 7 of 9 that the winner elected by all the City’s voters from among the candidates nominated “from and by”

the

voters

of

each

of

the

seven

districts

are

elected

to

represent

the

voters

of

that

single

district?

Having seven geographically-diverse people representing the whole City equally is fine. But this concept

of

districts

being

stuck

with

a

representative

elected

by

people

outside

the

district

is

fundamentally

at

odds

with

the

basic

notion

of

a

democracy

in

which

elected

officials

represent

the

people

who

elect

them.

Mayor Pro Tem Blom makes the argument that voters throughout the City should be able to choose

who

will

represent

districts

other

than

the

one

in

which

they

live

because

what

those

representatives

from

those

other

districts

will

do

will

affect

them

as

well

as

voters

in

the

other

districts.

But

the

same

argument

can

be

made

for

any

election

in

which

districts

are

involved.

All

California

is

affected

by

the

actions

of

all

40 state

senators

and

80 state

assembly

members.

Should

all

Californians

vote

to

select

the

representative

for

Newport

Beach

and

for

a

district

in

Yolo

County?

And

should

our

November

ballot

ask

us

to

cast

a

vote

in

all

435

contests

for

the

U.S.

House

of

Representatives

because

we

will

be

affected

by

the

votes

of

all

the

representatives.

Should

all

Americans

have

an

equal

choice

in

who

represents

Bangor,

Maine?

And

should

the

residents

of

Bangor,

Maine

have

equal

voice

in

who

represents

us?

I would prefer we did away with the notion that the representatives elected from our seven Council

districts

are

the

representatives

for

those

districts.

But

if

we

cannot,

I

would

either

abolish

districts

altogether,

or

switch

to

“by

district”

voting,

so

that

we,

and

no

one

else,

can

pick

the

people

who

claim

to

represent

us.

Item 21. CONFERENCE WITH LEGAL COUNSEL EXISTING

LITIGATION

Who is Controlling Our Litigation? Sub-Item 21.B ( City of Newport Beach et al. v. Robert Page et al. Orange County Superior Court Case

No.

30-2026-01580961
)

is

a

case

in

which

attorneys

working

for

the

City

failed

to

obtain

from

the

court

a

requested

writ

of

mandate

ordering

Orange

County

Registrar

of

Voters

Robert

Page

to

remove

from

the

November

3,

2026,

ballot

the

“Responsible

Housing

Initiative”

which
the City Council had previously ordered onto that ballot via Item 17 at its November 18, 2025, meeting. The failure to obtain the writ (the trial court denied the City’s request on August 19) appears to be the subject of the first part of the On the Agenda portion of City Manager Seimone Jurjis’ August 21 From City Hall to You newsletter, in which he incorrectly refers to the “Responsible Housing Initiative” as a “Charter amendment initiative,” when it is, in fact, a General Plan amendment.

After lamenting the court’s failure to grant the writ, which he apparently views as having been erroneous,

he

concludes

by

saying

“
The

City

plans

to

appeal

the

decision
.”
Since the Council has not yet held this closed session in which it will apparently be briefed for the

first

time

on

the

denial

of

the

writ,

I

would

think

the

public

has

a

right

to

know

who

made

this

August 25, 2026, City Council agenda comments - Jim Mosher Page 8 of 9 decision to continue costly litigation that the City Manager refers to. Is the decision to appeal up to

the

City

Manager,

the

City

Attorney,

or

some

other

staff

person,

with

the

Council

acting

only

as

observers?

Or

does

the

Council

decide?
If the Council members act only as impotent observers who can do nothing to alter staff’s decisions

as

a

result

of

what

they

are

told,

what,

exactly,

is

the

purpose

of

holding

these

closed

sessions?
It might also be noted that Government Code Section 54956.9 allows such closed sessions only “ when discussion in open session concerning those matters would prejudice the position of the local

agency

in

the

litigation
.”

Since the arguments of the City and its opponents have by now been made pretty public in hundreds

of

pages

of

court

filings,

how,

exactly,

would

the

City’s

position

be

prejudiced

by

discussion

of

those

arguments

in

open

session?
According to prior agendas, City staff has, incidentally, previously discussed this case with the Council

on

July

28 and

August

18,

but

kept

the

public

pretty

much

in

the

dark

about

it.

Court records show it was filed on June 23, 2026, followed by a City News Splash that no longer displays a date, but reportedly posted on June 25. From that timing, I am guessing it may be the litigation the Council unanimously voted to initiate at the conclusion of closed session Item VII.A on June 9, 2026. The June 25 News Splash does not explain the prior to this City staff had apparently decided not

to

accept

the

three

City

Charter

amendment

petitions

that

are

the

subject

of

Item

20 on

the

present

agenda

on

the

grounds

that

although

the

title

and

summary

that

appear

had

the

top

of

each

petition

had

been

published

for

one

day

prior

to

the

commencement

of

circulation

in

the

legal

notices

section

of

a

paper

(the

same

paper

in

which

the

notice

for

the

“Responsible

Housing

Initiative”

had

been

published),

it

had

not

been

published

in

the

paper

the

City

uses

for

its

own

legal

notices.

Adding that information to the News Splash, it seems to be saying that in the City’s view Newport

Beach

voters

would

be

harmed

by

any

inconsistency,

even

if

inadvertent,

in

the

way

the

City

processes

petitions,

so

if

it

was

going

to

block

the

three

new

petitions

from

the

ballot,

then

for

consistency

it

needed

to

go

back

and

invalidate

the

same

proponents’

earlier

petition,

even

though

the

Council

had

previously

approved

its

path

to

the

ballot.

As explained under Item 20, above this purported duty to protect voters from the unexplained harm

that

would

come

to

them

from

the

proponents

not

publishing

for

a

single

day

in

the

City’s

preferred

paper

information

that

would

be

repeated

on

each

petition

seems

a

transparently

insincere

concern

and

a

disservice

to

the

thousands

of

voters

who

signed

those

petitions

assuming

their

signatures,

previously

approved

by

the

Council,

would

count

for

something.

What

has

become

of

government

of,

by

and

for

the

people

in

Newport

Beach?

Why

is

our

government

trying

so

hard

to

thwart

the

people’s

will?

What is the City now Trying to Accomplish? On August 21, two days after the August 19 trial court ruling denied the City’s request for a writ of mandate ordering the Registrar of Voters to remove the Responsible Housing Initiative from

August 25, 2026, City Council agenda comments - Jim Mosher Page 9 of 9 the November 2026 ballot, lawyers representing the City petitioned the Fourth District, Division 3, Court of Appeal (in what is now Case No. G067333) for an “immediate stay” of that order. I am not an attorney, but even if one thought the City should ultimately prevail in its quest to remove

the

measure

from

the

ballot,

what

is

the

urgency

about

blocking

an

order

not

to

remove

it?

How

could

that

possibly

transform

into

an

order

for

the

Registrar

to

immediately

remove

it?
Do “stays” not just block lower court orders, but automatically reverse them, producing, without any

further

argument,

a

result

opposite

to

what

the

lower

court,

after

due

deliberation,

decided

was

the

correct

result?

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