Cities Index.
Written Comments

Newport Beach City Council
September 22, 2026

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Written Comments
Meeting
September 22, 2026
Body
Newport Beach City Council
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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.

September 22, 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, with suggested corrections shown

in
strikeout underline format.
2026-09-08 CC minutes

Page 1 ends

Harvest

Food

Bank,

paragraph

2,

sentence

2:

“
Councilmember
Stapleton Weigand noted
that

the

No

Lunch,

Lunch

event

features

a

quality

lunch

and

encouraged

community

members

to

attend,

describing

it

as

a

meaningful

and

inspiring

event

held

at

the

Great

Park
in Irvine .” [see video] Page 2 , paragraph 4: “ Birute Ranes (Newport Beach and Newport Heights resident) opposed the

undergrounding

effort,

citing

low

wildfire

risk

and

risks

associated

with

underground

utilities,

and

separately

urged

the

Council

not

to

locate

the

new

police

station

on

Civic

Center
Park land .” [note: The same person is listed as “Brigitte Ahrens” on page 1 on the August 18, 2026, minutes.] Page 2 , paragraph 5: “Linda Lynda Adams (Newport Heights, 50-year resident) cited California

Election

Code

Section

9306,

asserting

that

the

180-day

window

for

filing

the

undergrounding

petition

had

elapsed

as

of

the

meeting

date,

rendering

the

petition

void
.”

[see
2016 undergrounding letter] Page 3 , Council Announcements, paragraph 2: “ Councilmember Barto also praised Public Works,

police,

fire,

and

lifeguard

staff

for

their

work

during

the

challenging

holiday

weekend,

and

recognized

Water

Quality
and / Coastal Tidelands Committee member Sharon Ray for securing

a

$1.8

million

grant

for

Upper

Newport

Bay

restoration
.”

Page 4 ends

“ The City Clerk read the title of the ordinance adopted under the Consent Calendar: Ordinance No. 2026-14, An Ordinance of the City Council of the City of Newport Beach, California,

Amending

Chapter

5.95 (Short

Term

Lodging

Permit)

of

the

Newport

Beach

Municipal

Cod
e”

[Comment: The minutes correctly document what happened. However, reading the title after the Council has voted to adopt the ordinance is contrary to the intent of City Charter Section 412. The intent is clearly that the reading take place before consideration of the item so the Council and public know they have a final chance to debate the ordinance before it is adopted.]

September 22, 2026, City Council agenda comments - Jim Mosher Page 2 of 7 2026-09-11 CC minutes (The draft minutes do not have page numbers, so the numbers below refer to the 697-page agenda packet.) Page 23 , Public Comments, paragraph 5: “ An unidentified speaker expressed longstanding frustration

with

the

Council

voting

as

a

block

and

stated

support

for

the

district

voting

initiative

as

a

means

of

fostering

independent

representation
.”
[ note : The unidentified speaker was Lynn Lorenz (frequently identified in other minutes).]

Page 24 ends

voters

explaining

the

existence

of

two

separate

ballots

was

planned

for

distribution

within

approximately

ten

days.”
[ comment : It is now ten days since this statement was made.] Item 2. Ordinance No. 2026-15: Amending the Newport Beach Municipal

Code

to

Address

Illegal

Activity

and

Public

Safety

During

High-Risk

Periods

and

Other

Significant

Crowd

Events
The history of this ordinance is a bit disturbing. It seems to be based on direction given to staff by Mayor Kleiman at a July 14, 2026, Study Session (see video). The purpose of study sessions is presumably for the Council to “study” and become informed about issues before being asked (on a later agenda) to make decisions about them.

Even

if

study

sessions

were

for

making

decisions,

Mayor

Kleiman

appeared

to

be

presenting

her

personal

laundry

list

of

desired

actions

rather

than

summarizing

issues

emerging

from

public

discussion

by

the

Council.

Six of Mayor Kleiman’s ordinance requests came back as an “A-1 Item" on the July 28, 2026, Council agenda, where the Council unanimously supported further consideration of them, but without

even

a

possibility

of

discussion

at

that

time.

Staff's recommendation for adopting the present single ordinance appeared as Item 2 on the September 8, 2026, Council consent calendar, where it was expected to be approved without any

Council

discussion.

The

September

8 staff

report

did

not

mention

of

the

July

28 “A-1

Item”

or

explain

how

the

proposed

single

ordinance

related

to

the

six

requested

ordinances,

More importantly, since no Council discussion had taken place up to that point, it did not explain why

the

suggested

approach

was

being

recommended

or

present

any

alternative

approaches

to

the

problem

for

the

Council

to

consider.

Nor

does

it

disclose

any

possible

problems

with

the

recommended

approach.

As

a

result,

the

public

(and

likely

the

Council)

is

left

entirely

in

the

dark

as

to

what

internal

staff

discussions

took

place:

what

was

considered,

what

was

rejected

and

why

and

by

whom.

While the item was pulled from the consent calendar on September 8, the stated purpose of pulling it was solely to compliment staff, and the draft minutes confirm no substantive Council

September 22, 2026, City Council agenda comments - Jim Mosher Page 3 of 7 discussion occurred, and certainly none of the details were questioned and no alternatives to them

debated.

The most obviously troubling part of the staff proposal is its recommended new “curfew”: a permanent prohibition on persons under the age of 18 being present on the ocean-facing side of 3.3 miles of the Peninsula, from 54th Street to B Street, including the beaches, after 6:00 p.m. on every Memorial Day, Fourth of July and Labor Day. With respect to preemptively excluding persons from the public beaches, it appears to be in direct conflict with multiple provisions of Section 21.48.055.E of our existing Municipal Code, which is the portion of our California Coastal Commission certified Local Coastal Program establish

hours

to

ensure

beach

access.

Those provisions require CCC approval to modify the hours, which does not appear to have been

secured

here,

and

even

to

address

emergencies

and

nuisances,

temporary

restrictions

are

allowed

only

for

the

duration

of

the

emergency

or

nuisance.

Using

such

powers

to

preemptive

address

an

emergency

or

nuisance

that

may

happen

on

some

specified

future

date,

months

or

years

hence,

and

to

apply

the

restrictions

whether

any

problem

occurs

on

those

dates

or

not,

seems

consistent

with

neither

the

code

nor

experience.

For

example,

police

management

has

uniformly

said

that

despite

preparation

of

trouble,

the

most

recent

Labor

Day

was

completely

“uneventful”

with

no

need

for

a

curfew.

Yet

this

ordinance,

if

adopted,

would

mandatorily

impose

one.

It is disturbing that in her July 14 comments, Mayor Kleiman said she had a planned meeting with the Coastal Commission, and in this September 8 thank you’s, Mayor Pro Tem Blom thanked the Mayor on vetting the ordinance with the CCC. Yet when public speakers brought the pending Newport Beach curfew up at the televised CCC meetings on September 10 and 11, senior Coastal Commission staff said it was the first they’d heard of it. It is also disturbing that the Council members do not seem to have read carefully the ordinance they

are

being

asked

to

adopt.

For

example,

Mayor

Pro

Tem

Blom

appeared

assured

his

normal
concerns about government prohibiting people from doing things were alleviated by reading from the September 8 staff report that the curfew would only be in effect “ when large crowds and unsupervised gatherings create heightened risks of criminal activity .” But there is no such provision

in

the

proposed

ordinance,

under

which

the

curfew

is

absolute

and

will

be

in

force

every

future

Memorial

Day,

Fourth

of

July

and

Labor

Day,

whether

there

is

any

need

for

it,

or

not.

Similarly, Councilmember Weigand, although appearing to have read the present ordinance more

carefully,

and

acknowledging

it

contained

no

such

exception,

seemed

to

assume

police
officers could read into it an exception for kids doing no harm (such as carrying a surfboard to the beach). But having a law that is enforced against some and not others, and only when officers choose to enforce it, would seem to lead to issues with selective enforcement, making it unenforceable

when

actually

needed.

Is there really an intent to enforce this curfew on a peaceful holiday? And even on a crowded one,

is

the

intent

to

enforce

it

against

all

minors?

Or

just

those

in

areas

where

it

looks

like

trouble

might

develop?

September 22, 2026, City Council agenda comments - Jim Mosher Page 4 of 7 Even if a curfew imposed without any immediate need is legal, how does the City expect to implement

this?

Are

our

police

officers

trained

in

distinguishing

17 year

olds

from

18 years

old?

Will

they

walk

the

3.3 miles

of

Peninsula

Beach

at

6:00

p.m.

on

each

of

the

three

designated

days,

however

peaceful,

verifying

the

age

and

state

of

accompaniment

of

each

beachgoer?

How

many

officers

will

it

take

to

do

this?

Will

anyone

unable

to

produce

a

government-issued

photo

ID

with

date

of

birth

be

detained?

Given these legal and practical difficulties, it seems to me that the proposed new Chapter 10.80, allowing

Public

Safety

Orders

for

the

control

of

large

gatherings,

whenever

and

wherever

they

might

develop,

not

singling

out

a

particular

age

group,

and

available

on

all

days,

not

just

three

specified

days

of

the

year,

is

a

much

more

reasonable

and

defensible

approach.

Item 3. Ordinance No. 2026-16: Updating the Military Equipment Use Policy

for

the

Newport

Beach

Police

Department
We have here, as with Item 2, another instance of an ordinance being both introduced and adopted

on

the

consent

calendar,

without

a

staff

presentation

or

Council

discussion.

Some cities do not allow ordinances to be introduced on the consent calendar. So that do, publicly

read

the

titles

of

the

items

on

consent.

In this particular instance, Newport Beach’s practice of allowing ordinances to be enacted without

any

public

announcement

at

any

stage

rather

defeats

the

original

purpose

of

the

statute

requiring

this

item,

which

was

to

provide

greater

awareness

of

a

city’s

military

equipment

inventory.

Item 4. Resolution No. 2026-84: Amendments to the Records Retention

Schedule
The City’s first comprehensive Records Retention Schedule, prepared by the same consultant as the present one, was approved, as alluded to in the staff report, by Resolution No. 2003-39, approved by Item 4 on the August 12, 2003, Council agenda. Although one might think that a Records Retention Schedule would be one of a City’s most fundamental and transparent documents,

that

original

was

not

attached

to

the

staff

report

or

resolution

because

the

content

was

said

to

be

“protected

by

copyright

laws”

(apparently

for

the

benefit

of

the

consultant)

and

available

only

for

inspection

in

the

Clerk’s

Office

(apparently

with

no

copying

allowed).

Each of the pages provided here continue to bear the message “©2003-06 Gladwell Governmental

Services,

Inc.

-

all

rights

reserved

–

Do

not

duplicate

or

distribute

without

prior

written

permission

from

GGS

(909)

337-3516.”

The

idea

that

a

vendor

retains

control

over

a

public

document

produced

at

taxpayer

expense

seems

very

odd.

Beyond that, the proposed resolution will have attached 117 copyrighted revised pages with no hint

of

how

many

pages

long

the

complete

document

might

be

or

how

it

can

be

accessed

–

possibly

by

visiting

the

Clerk’s

Office

where

it

can

be

visually

observed

but

nothing

in

it

copied

without

Gladwell’s

permission?

September 22, 2026, City Council agenda comments - Jim Mosher Page 5 of 7 Adding to this vast and intricate mystery, the staff report provides no insight that I can find as to what

significant

changes

have

been

made

to

the

117

pages

that

are

shown,

or

why

they

were

made.

Some past revisions, I seem to recall, included a summary table. This, as best I can tell, does not.

How does the public access a complete current copy of our Records Retention Schedule? There

does

not

seem

to

be

link

on

the

City

website.

Finally, the minutes from August 12, 2003, indicate that at that time the City faced complaints and legal complications from destroying records the public had a reasonable expectation it would

keep.

The

adoption

of

a

formal

Records

Retention

Policy

and

Schedule

might

shield

the

City

from

legal

liability,

but

has

it

ended

complaints

about

the

City

not

retaining

records

the

public

would

reasonably

expect

it

to

keep?

How

about

emails

and

recordings

of

meetings?

Item 5. Resolution No. 2026-85: Amending the Staffing Structure of the City

Manager’s

Office

and

the

Municipal

Operations

Department
The staff report indicates the new assistant management analyst position in the Municipal Operations

Department

is

“
required

to

assist

with

trash

and

recycling

services
.”

Although the staff report is vague about what exact “state-mandated recycling and landfill-diversion

requirements”

assistance

is

needed

with,

I

would

guess

some

of

this

has

to

do

with

residential

curbside

waste

stream

separation.

I know that on the street where I live misplacement of items is extremely common and instruction

from

the

City

to

help

residents

who

want

to

do

the

responsible

thing

is

completely

lacking.

By

contrast,

because

our

sewer

service

is

from

the

Costa

Mesa

Sanitary

District,

we
receive quarterly newsletters from them, whose advice regarding trash may or may not be applicable to the City’s contract with CR&R because their organic waste is treated by a different kind

of

facility

(an

"anaerobic

digester”)

than

ours

(going

to

a

composting

yard

in

Yuma).

About a year ago, a representative from CR&R (which serves both CMSD and our City) told our Water

Quality

/

Coastal

Tidelands

Committee

that

they

were

on

the

cusp

of

deploying

a

“What
Goes Where?” site similar to the “Recycle Coach” app independently deployed by CMSD. If that has happened, I am not aware of it being communicated to the City’s residents. Meanwhile, the City’s residents (unlike those in the CMSD trash servicing area) remain ignorant of

how

the

City

is

doing

toward

meeting

the

state

diversion

goals

for

either

their

own

personal

trash

or

for

commercial

refuse.

The Council may or may not still have an “Ad Hoc Refuse Committee.” It is impossible to tell from the Clerk’s committee listings since no links to Council committees are provided), but independent research suggests a recent incarnation was created by Item 4 on the March 25, 2025, consent calendar with a sunset date of December 31, 2026. Prior to that, there seems to have

been

a

Council

committee

that

existed

but

had

never

formally

been

created.

As

with

that

former

one,

the

present

committee’s

primary

accomplishment

to

date

seems

to

have

been

to

September 22, 2026, City Council agenda comments - Jim Mosher Page 6 of 7 keep the public completely in the dark by shunting all discussion of any matters related to refuse disposal

out

of

the

public

eye.

Item 6. Amendment No. Three to the Purchase, Installation and Maintenance

Agreement

with

Axon

for

Skydio

Drones

and

Body

Worn

Cameras
The original five-year contract for seven BRINC drones, Item 10 on the February 25, 2025, consent calendar, was approved with excitement, high expectations and assurances by the 25-year old founder and CEO of the company producing them (see video). Evidently the expectations were not met. The staff report says the BRINC contract was terminated

on

September

9. Is

the

City

eligible

for

any

financial

recovery

for

the

poor

performance

experienced

during

that

contract’s

term?
The staff report mentions an existing contract with Axon Enterprise, Inc., which seems to be contract C-8973-1 approved as Item 9 on the October 25, 2022, consent calendar, and was originally for body-worn cameras, in-car video and Tasers. It appears to have been amended twice, once by the Council as Item 16 on the August 27, 2024, consent calendar (related to the FUSUS integrated crime software), and once by the City Manager on November 20, 2025.

Neither

amendment

seems

to

be

related

to

drone

purchases.

It is unclear from the staff report how much has been spent on the trial period with the Axon replacement

drones

since

June

and

whether

there

was

some

intermediate

amendment

to

the

contract

with

Axon

to

cover

that.

Item 16. Resolution No. 2026-86: Approving a 180-Day Wait Period Exception

Pursuant

to

Government

Code

Sections

7522.56

and

21224

for

the

Appointment

of

Retired

Annuitant

Justin

Carr

as

an

Extra

Help

Retired

Annuitant
I could be wrong, but I believe there was a time when City Managers put on the “Old” or “New Business”

section

of

the

agenda

items

of

particular

interest

to

the

public,

significantly

changing

public

policy,

involving

large

discretionary

expenditures,

or

with

regard

to

which

staff

truly

wanted

direction

from

the

Council.

That custom seems to have disappeared, and it's becoming increasingly evident that the new rule

is,

unless

absolutely

prohibited

by

some

law,

to

place

all

City

business

on

the

consent

calendar,

with

a

single

recommendation

to

be

approved

without

discussion

by

the

Council.

The present item appears to be no exception to that rule. It does not appear to have been given special prominence because of an expectation there would

be

great

public

or

Council

interest

in

it,

or

because

direction

was

truly

being

sought,

but
rather because Government Code Section 7522.56(f) prohibits putting it on the consent calendar. I strongly suspect staff and the Council would prefer it to be hidden in the consent calendar.

September 22, 2026, City Council agenda comments - Jim Mosher Page 7 of 7 Nonetheless, since the CalPERS rules have forced into prominence it does seem reasonable to ask

why

the

Assistant

Chief

could

not

be

required

to

finish

his

unfinished

tasks

before

he

retired,

and

the

obvious

question,

not

broached

or

answered

in

the

staff

report,

of

whether

as

a

result

of

this

action

he

will

be

receiving

twice

his

normal

salary:

simultaneously

being

paid

as

a

retiree

and

as

working

employee.

I appreciate that the fiscal impact on the City from this proposal is the same as if the City were to

have

a

retiree

and

hire

a

new

Assistant

Chief

to

do

the

same

work

described

here,

but

I

think

many

in

the

public

will

find

something

a

bit

off

about

a

former

employee

being

both

“retired”

and

“working”

at

the

same

time,

and

being

paid

for

both.

Item 17. Community Development Block Grant Program Year 2025-26, Consolidated

Annual

Performance

and

Evaluation

Report

(CAPER)
Similar to the preceding item, I suspect this item is not being given prominence on the agenda because

City

staff

wants

direction

from

the

Council

or

thinks

it

is

a

matter

of

unusual

public

interest,

but

rather

only

because

some

law

requires

a

public

hearing

which

it

is

impossible

to

pretend

to

hold

on

a

consent

calendar.

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