From: ����������������������������������������City Clerk's Office Sent: ������������������������������������������September 21, 2026 3:30 PM
To: ����������������������������������������������Mulvey, Jennifer Subject: ������������������������������������FW: City council 09/22/2026 - Public Comment - Ordinance 2026-15
From: Ad lever <[email protected]>
Sent: Monday, September 21, 2026 3:30:13 PM (UTC-08:00) Pacific Time (US & Canada) To: Kleiman, Lauren <[email protected]>; Blom, Noah <[email protected]>; Stapleton, Joe <[email protected]>; Barto, Michelle <[email protected]>; Weigand, Erik <[email protected]>; Grant, Robyn <[email protected]>; Weber, Sara <[email protected]>; Dept - City Council <[email protected]>; City Clerk's Office <[email protected]>
Subject: City council 09/22/2026 - Public Comment - Ordinance 2026-15 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above.
Mayor Kleiman, and Councilmembers Blom, Weber, Stapleton, Grant, Barto and Weigand,
This is public comment for the record, in relation to City of Newport Beach Consent Calendar Agenda Item #2, for the 09/22/2026 Council Meeting.
That item including adoption of an Ordinance to implement a curfew for minors between 6 p.m. and 6 a.m.:
https://www.newportbeachca.gov/Home/Components/Calendar/Event/82082/72#docaccess- 3f7fe881147ab51a93ec6301bb636a38
While these agenda materials indicate this curfew would primarily be only for three designated holidays, the City has recently agendized other beach restrictions in the same way, saying they were for a limited period of time, but has then imposed the conditions year-round, claiming that the public notice specifying limited periods was still adequate for a year-round application of restrictions.
Please understand that these sorts of misrepresentations of what an agenda item will result in, are not well received by many of those you've been elected to represent.
Some of the concerns people have with this targeted curfew, are that it seems to conflict with various sections of the LCP Implementation Plan; (See highlighted portions further below)
That it in effect, declares an emergency or need, well in advance of that emergency being evident or actualized;
That the need for "Emergency Closures", or "Public nuisances" to be abated, have been pre- determined by the City;
That the need for "Emergency Closures", or "Public nuisances" appear based upon occurrences of July 4, 2026, but the curfew applies to other dates outside of that as well;
That the Ordinance favors locals, as out of town minors are unlikely to have available to them, many of the exceptions allowed for under the proposed Ordinance;
That it penalizes a broad category of people for a potential of problematic behavior in the future, or problematic actions of a much smaller subset of others in the past;
That the City stated figures of percentages of minors, as related to the overall problem behavior of July 4, 2026, are well less than a majority of the total;
That the City has recently declined to form a committee to more thoroughly study, and act upon related matters;
Etc.
Again, The City seeking to reduce access for every minor on specific daylight hours, during summertime holidays, rather than work to effectively address and penalize only wrongdoers, is not felt the proper approach. Moreover, the proposed Ordinance risks not comporting with various provisions of the Local Coastal Program. The City obtaining a Certified Local Coastal Program is a BIG deal, which I strongly suggest that you'd be well advised to recognize:
E. Beach Hours.
1. Existing Restrictions. Since 1947, the City of
Newport Beach has regulated the use of the public
beaches at night for the preservation of public health, peace, and safety. Use of any public bay, beach, or
oceanfront shall be consistent with the certified LCP.
Beach hours shall be from 6:00 a.m. to 10:00 p.m.
2. Access to State Tidelands. A public beach
Closure/curfew by the City cannot apply to the area
seaward of the mean high tide line. Public access to
the water�s edge and at least twenty (20) feet inland
of the wet sand of all beaches shall be permitted at all times.
Existing or new signage at beaches or beach
parking lots shall not indicate or suggest a prohibi-
tion of public access to the shoreline at any time and
any replacement or new signs shall explain the pub-
lic�s right to gain access to State tidelands as defined above at all hours for recreational activities. Nothing in this LCP shall be construed as placing any limit or
prohibition on the public�s right to gain access to
State tidelands as defined above.
3. Amendment Required to Change Beach Hours.
Any change in the beach regulations or hours
set forth in subsection (E)(1) of this section resulting in a closure to public use of any portion of the beach
inland of the mean high tide line shall require an
amendment to this Implementation Plan approved by
the Coastal Commission.
4. Emergency Closures. During public emer-
gencies where a law enforcement agency temporar-
ily closes a beach, parking lot, accessway or other
coastal recreational facility to protect life or prop-
erty, the closure shall remain in effect only for the
duration of the emergency.
5. Closures to Abate Public Nuisances. Pursuant
to Coastal Act Section 30005, in situations where the
City has declared a public nuisance, the abatement of
which requires a closure, the closure shall remain in
effect only until the declared nuisance is abated.
Thank you for considering these perspectives and facts.
Adam