HomeMy WebLinkAbout09/13/2022 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
September 13, 2022
I. ROLL CALL - 4:05 p.m.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Fractional Home Ownership Update
Community Development Director Jurjis and Consultant David Blumenthal utilized a
presentation to discuss the findings of the 22 cities surveyed, map of the 11 known fractional
home ownership locations in the City, and case studies from St. Helena, Palm Springs, and Park
City, Utah.
Carmen Rawson sought information regarding timeshares in the City, cited chapters in the
Newport Beach Municipal Code (NBMC) relative to timeshares, areas where timeshares are
permitted, listed three fractional ownership companies breaking the NBMC, and defined
timeshares and types of timeshares. In response to Council Member O'Neill's question,
Ms. Rawson referenced NBMC Chapters 21.18 and 21.70.
Nancy Scarbrough noted sentiment shared among residents regarding fractional ownership
during recent community events, asked that Council consider the residents' dissatisfaction, and
direct City staff to further explore options to regulate or restrict fractional home ownership.
Bridget O'Connor opposed the fractional home ownership model.
Gary Cruz asked Council to curb shared ownership in the City.
Denise Macias opposed fractional ownership.
Gabe Dima-Smith, Pacaso representative, clarified Pacaso's business model and indicated that
the owners are interested in enjoying second -home ownership for single-family residential use,
and that short-term rental is prohibited under the business model.
Lisa Mathias opposed the use of single-family dwellings in the R1 zone for shared property
development.
An unidentified speaker expressed opposition to fractional home ownership.
Denys Oberman expressed the opinion that entities acting as consolidators are using a short-
term lodging model, asked Council for clarity on characterizing fractional home ownership as
short-term lodging, and not allow them in residential zones and dense family -oriented
residential neighborhoods.
Roberta Schmidt referenced a Pacaso statement in the Orange County Register, noting a typical
rental time of one week, and shared her concerns for keeping a community feel, knowing your
neighbors, nearby fractional owners coming and going, community growth and stability.
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Mark Markos expressed opposition to fractional home ownership. In response to Mayor
Muldoon's request, Mr. Markos indicated that a fractional home ownership sublease can be
found online and agreed to forward a copy to staff.
Angela Caliger expressed opposition to fractional home ownership.
Brita Leffler advocated for preserving historical construction and banning fractional home
ownership development.
Bob Yant relayed a non -supportive community opinion and suggested utilizing a cease and
desist order or regulation enforcement to stop fractional home ownership in the City.
Ann Archie described late night noise and noted concern for the quality of life for residents living
around fractional home ownership properties.
Jack Brown described people coming and going in the fractional home ownership near his home.
Russ Dahl expressed the seriousness of this issue and how it changes the complexity of the
neighborhood.
Roberta Schmidt noted benefits to Pacaso in a fractional home ownership real estate
transaction.
Philip Mark expressed concern relative to how the fractional home ownership count has grown
from two to twelve, questioned why the NBMC is not being enforced, asked for quick action, and
for the City Attorney to review the NBMC to determine applicability.
Beverly Johnson, Compass Realty agent, stated that Compass Realty does not have any
fractional home ownership listings and is seeking reasonable comparisons.
Philomena Mark urged Council to take action regarding fractional home ownership
developments, noted quality of life disruptions from a nearby fractional home ownership
property, and asked Council to ban further development.
Mayor Muldoon recessed the meeting at 4.42 p.m. and reconvened the meeting at
4.53 p.m. with all members of the City Council in attendance.
In response to Council Member O'Neill's questions, City Attorney Harp confirmed that Newport
Beach defines code sections differently than other cities and that, while a NBMC section
references fractional home ownership for timeshare projects, the code refers to a development,
pointed out that over 30% of homes in Newport Beach are held in a LLC configuration, noted
issues with applicability of provisions, indicated that Sonoma and St. Helena regulate their
ordinances by looking at the operational plan and uses to craft regulations, relayed due process
and regulation validity issues in the St. Helena lawsuit, indicated that a concise definition is
required with an update to the NBMC and Local Coastal Program (LCP), recommended
regulating use without capturing others in it, and agreed to work on regulations for
consideration by the City Council. Council Member O'Neill supported regulations that would be
similar to defining fractional home ownerships as a timeshare plan and thought the current
model does not match the General Plan or zoning code, and encouraged residents to call code
enforcement on all code violations. City Attorney Harp suggested bringing the matter to the
Planning Commission after initiating the amendment.
Council Member Dixon agreed with Council Member O'Neill, thanked the residents for
attending the meeting, noted impacts throughout the City, suggested staff look at what other
jurisdictions have done and come back with recommendations, and suggested adopting a
moratorium in the meantime.
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Council Member Avery noted that, even before Pacaso, the City was starting to lose local control
to the State, experienced more density and traffic, agreed with implementing a moratorium,
cautioned the potential cost to the City, supported looking at what other cities have done and
updating the NBMC to mitigate the impacts.
In response to Council Member Brenner's questions, Community Development Director Jurjis
indicated that the City has not studied the State of Washington to confirm if they have banned
fractional home ownership.
City Attorney Harp noted that a cease and desist order would be based on current NBMC
provisions and confirmed that a moratorium places a hold on development and would be the
path to immediate action.
Council Member Brenner expressed concerns for neighborhoods affected by short-term lodging,
the Regional Housing Needs Assessment (RHNA), residential care facilities, and homelessness,
and relayed the importance of finding a solution as soon as possible.
Council Member Duffield expressed the opinion that further study is needed to amend the
NBMC and supported considering a moratorium.
Mayor Muldoon summarized the direction to staff to explore a regulation timeshare plan with
the Planning Commission, conduct more studies on Sonoma and other communities, enact a
moratorium and prohibition in the R-1 zone, and to move with expediency.
In response to Council Member O'Neill's question, City Attorney Harp detailed the standards
for a moratorium.
In response to Council Member Dixon's question, City Attorney Harp clarified that the City
Council must initiate the code change first before going to the Planning Commission.
Mayor Muldoon clarified that the moratorium would come to Council for a vote and the code
amendment first needs to be initiated by Council before going to the Planning Commission.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Steven Gerard distributed a flyer, invited the City to become a Personhood City and attend the Kirk
Cameron movie titled Lifemark, asked that this be placed on a future agenda, and sang a song.
Regarding Item 18 (Amending and Re -Adopting the 2021-2029 6th Cycle Housing Element), an
unidentified speaker from the Southwest Region of Carpenters expressed concern relative to the
environmental impacts of the Housing Element and an interest in having local and skilled workforce
requirements added into projects moving forward since he believed it would benefit the climate, boost
economic development, and mitigate transportation and greenhouse gases.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the item listed on the Closed Session agenda and read the title.
IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1201 Dove Street, Newport Beach, California 92660 (APN 427-221-06).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
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Negotiating Parties: Parke Miller.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
V. RECESSED - 5:26 p.m.
VI. RECONVENED AT 5:45 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene,
Costa Mesa
X. PLEDGE OF ALLEGIANCE - Council Member Brenner
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member O'Neill:
• Announced the start of school, reminded drivers to observe the 25 mph zones, and asked parents to
talk to their children about e-bike safety
• Attended the 9/11 Ceremony conducted by the Newport Beach Elks Lodge
• Announced a bike fatality and fire at Promontory Point on Sunday and acknowledged public safety
Council Member Duffield:
• Attended the Water Quality/Coastal Tidelands Committee meeting and reported an "A" grade for
all bodies of water in the City
Council Member Dixon:
• Recognized volunteers over the summer and Labor Day weekend that assisted at Lido Isle Bridge
and Newport Island Bridge to discourage bridge jumping and provided lifeguard data
• Attended the Buck Gully loth Anniversary Celebration, swearing -in of new Newport Beach Police
Department officers, the annual luncheon to honor volunteers of the Project Adult Literacy
program, concert at Marina Park, and the 9/11 Ceremony conducted by the Newport Beach Elks
Lodge
Council Member Brenner:
• Met with Denis Labonge and Amber Snyder regarding the Fire Safety Council and home hardening
efforts
• Attended the General Plan Update Steering Committee meeting, Sherman Gardens Annual Garden
Party, League of California Cities Conference, two-day Source -to -Sea Water Conference (water-
sourcetosea.org), and eight candidate forums with more upcoming that the community can attend
• Utilized a slide to announce a District 6 Town Hall Zoom Meeting on September 22, 2022, at
5:30 p.m. (newportbeachca.gov/townhall)
• Requested a future agenda item to consider directing staff to review the status of a general aviation
issue regarding private jet bias and bring back a report to Council with a plan of action and remedies
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Council Member Avery:
• Attended the candidate forum for the Newport Heights Homeowners Association at St. Andrews
Presbyterian Church and encouraged attendance at other forums
Mayor Muldoon:
• Attended the 9/11 Ceremony conducted by the Newport Beach Elks Lodge
• Requested a future agenda item to consider creating an ad hoc committee , consisting of residents
with background in public safety and criminal justice, to address residential burglary concerns and
advise neighborhoods on preventative measures
• Utilized a slide to announce a Concert on the Green on September 18, 2022, at 6:00 p.m.
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
/4►i�
XV
• Consider partnering with Pedego and the Newport -Mesa Unified School District to
provide E-Bike education to the community with events at various locations in the City,
including the Civic Center - Community Room, OASIS Senior Center, Junior High
Schools, and High Schools [Muldoon]
Council unanimously concurred to bring the matter back at a future meeting.
Consider the adoption of a resolution requesting that: (1) the State return authority for
the regulation of residential care facilities to cities; (2) the State authorize City personnel
to investigate violations of State law and enforce State laws; and (3) until local control is
restored, that the California Department of Health Care Services and Department of
Social Services: (a) immediately investigate any complaint that a residential care facility
(subject to state regulation) has violated the law; (b) ensure that timely enforcement
actions are brought against violators; and (c) that the stiffest penalties allowed under
the law are imposed on violators to help protect those in recovery as well as adjacent
neighbors [Brenner]
Council unanimously concurred to bring the matter back at a future meeting.
PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher noted a past Council practice of allowing the public to ask for a separate discussion and
vote on Consent Calendar items, alerted Council of revisions to the State Density Bonus Law (Item 3),
believed Council had little information on why the firm for the Fee Study was chosen (Item 12), relayed
that the Planning Commission agenda is missing the Study Session about residential care facilities and
a possible new ordinance (Item 13), and indicated having not been aware of a Council ad hoc committee
relative to residential care facilities.
CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the August 23, 2022 City Council Meeting [100-2022]
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title
only.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2022-18: A Code Amendment Updating Density Bonus Regulations to
Comply with State Law (PA2020-032)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment; and
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b) Conduct second reading and adopt Ordinance No. 2022-18, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020-004
Amending Chapter 20.32 (Density Bonus) and Other Related Provisions of the Newport Beach
Municipal Code Related to Density Bonuses to Comply with State Law (PA2020-032).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2022-57: Adopting a Memorandum of Understanding with the Association
of Newport Beach Ocean Lifeguards (ANBOL) and Associated Salary Schedule (C-2058A)
[381100-20221
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution 2022-57, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach and
the Association of Newport Beach Ocean Lifeguards and Amending the Salary Schedule; and
c) Approve Budget Amendment No. 23-016 appropriating $80,617 in increased expenditures in
various City division salary and benefits accounts from unappropriated General Fund balance.
5. Resolution No. 2022- 58: Creating an Ad Hoc Committee to Review the Municipal Code
[100-20221
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2022-58, A Resolution of the City Council of the City of Newport Beach,
California, Creating an Ad Hoc Committee to Review the Municipal Code and City Council
Policies and Make Recommendations to the City Council Regarding Possible Modifications
Thereto and the Advisability of Using Sunset Provision; and
c) Direct the Board of Library Trustees, City Arts Commission, Harbor Commission, Parks,
Beaches, and Recreation Commission, and the Planning Commission to each form an ad hoc
committee for the purposes of reviewing the Municipal Code and City Council Policies within
that particular body's expertise and submit back to City Council by June 30, 2023
recommendations concerning: (1) deleting or reducing language; and (2) the advisability of
applying sunset provisions for new or existing Municipal Code provisions.
6. Resolution No. 2022-59: Creating the General Plan Advisory Committee (GPAC) [241100-
20221
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2022-59, A Resolution of the City Council of the City of Newport Beach,
California, Creating the General Plan Advisory Committee.
CONTRACTS AND AGREEMENTS
Balboa Pier and Channel Place Park Restrooms Rehabilitation Project (Project
No. 20F02) - Notice of Completion for Contract No. 8700-1 [381100-20221
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
S. Ocean Piers Maintenance Project (Project No. 22H03) - Notice of Completion for Contract
No. 7884-2 [381100-2022]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
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b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
9. City Bridge Deck Maintenance Project — Award of Contract No. 7679-2 (21R13) [381100-
20221
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (c) (repair and maintenance of existing street with no expansion of use) of the
CEQA Guidelines, because this project has no potential to have a significant effect on the
environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 7679-2 to Peterson -Chase General Engineering Construction, Inc. for the
total base bid price of $270,800, and authorize the Mayor and City Clerk to execute the contract;
and
d) Establish a contingency of $40,620 (approximately 15 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
10. Award of On -Call Maintenance/Repair Services Agreement with Surfside Restoration &
Waterproofing, Inc., for Seawall Repair Services (C-8520-2) [381100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve the Maintenance/Repair Services Agreement with Surfside Restoration &
Waterproofing, Inc., for seawall repair services, for a five-year contract term with a total contract
compensation amount of $500,000, and authorize the Mayor and City Clerk to execute the
Agreement.
11. Approval of Professional Services Agreement with RJM Design Group, Inc. (Contract
No. 8891-1) for Arroyo Park Synthetic Turf Replacement (Project No. 23P11) [381100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Professional Services Agreement with RJM Design Group, Inc. of San Juan Capistrano,
California, for the Arroyo Park Synthetic Turf Replacement project for a total not -to -exceed
amount of $168,425, and authorize the Mayor and City Clerk to execute the Agreement.
12. Award of Professional Contract to C1earSource Financial Consulting for Citywide User
Fee Study and Cost Allocation Plan Services (C-8951-1) [381100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Authorize the Mayor and City Clerk to sign a three-year term contract, with two optional
one-year extensions with ClearSource Financial Consulting for a total not -to -exceed amount of
$298,610 to perform the fee study and cost allocation plan work; and
c) Approve Budget Amendment No. 23-017 appropriating $33,223 in increased expenditures in
Account No. 0103031-811008 from the General Fund unappropriated fund balance.
MISCELLANEOUS
13. Planning Commission Agenda for the September 8, 2022 Meeting [100-20221
Receive and file.
14. Pulled from the Consent Calendar
15. City Hall and Limited Off -Site Holiday Closure from Saturday, December 24, 2022,
through Monday, January 2, 2023 [100-2022]
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a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve closing the Civic Center and providing limited services at off -site facilities from
Saturday, December 24, 2022, through Monday, January 2, 2023.
16. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City
Council [100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and file the report.
17. Final Tract Map No. 19222 for a Residential Condominium Development Located at
900 Newport Center Drive (C-8952-2) [381100-20221
a) Find that potential environmental impacts have been previously mitigated through the
implementation of the policies of the General Plan as evaluated in Program Environmental
Impact Report for the 2006 General Plan Update (SCH No. 2006011119) (PEIR);
b) Review and approve the Subdivision Agreement for Final Tract Map No. 19222 pursuant to
Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the
Subdivision Agreement;
c) Review and approve the required construction securities for Final Tract Map No. 19222
pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director
to execute and release securities; and
d) Review and approve the Final Tract Map No. 19222 located at 900 Newport Center Drive
pursuant to Section 19.60.010 of the Municipal Code.
Motion by Mayor Pro Tem Blom, seconded by Mayor Muldoon, to approve the Consent Calendar,
except for the item removed (Item 14); and noting the amendments to Item 1.
The motion carried unanimously.
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
14. Response to the 2021-2022 Orange County Grand Jury Report "How is Orange County
Addressing Homelessness?" [100-20221
City Manager Leung provided an update on what is being done to address homelessness in Orange
County, including more shelters in South Orange County, collaborative efforts between and within
cities and counties, long term strategies and solutions, timeliness, bed availability, transition to
permanent housing, the Be Well program kick-off, a homelessness ad hoc committee, community
education, collaboration with experts to create strategies, and a website dashboard with outreach
efforts and related statistics.
In response to Council Member Dixon's question, Homeless Coordinator Basmaciyan reported that
12 members of the community attended the CityNet community education event, noted that
panhandling is protected under the First Amendment, signage is posted to discourage giving to
panhandlers, and discussed public safety. Council Member Dixon relayed having noticed improved
homeless counts and landscaping conditions during her recent visit to McFadden Square but
expressed concern about a chronic homeless problem at Marina Park. Homeless Coordinator
Basmaciyan indicated that the primary homeless person in Marina Park is in active case
management with CityNet, the increased summer activity is allowable as long as the park curfew
and NBMC are honored, and confirmed a decreased homeless count since Labor Day.
In response to Council Member Brenner's question, Homeless Coordinator Basmaciyan indicated
that she will notify the community when the CityNet event is available for viewing on NBTV.
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Council Member Brenner acknowledged the cleanliness at McFadden Square and spikes removed
on the Ben Carlson statue.
Jim Mosher asked how many people are on the ad hoc committee and the process for appointment.
Council Member Brenner reported that the ad hoc committee structure is being changed to a
collaborative one. Homeless Coordinator Basmaciyan added that the meetings are closed to the
public and take place quarterly with this month's focus on faith leaders and local agency partners,
and the new structure of the committee will be comprised of Newport Beach residents with expertise
in homelessness and three members of the City Council.
Mayor Muldoon recommended the letter to the Presiding Judge be amended to reflect the signature
of City Manager Leung.
Motion by Council Member Dixon, seconded by Council Member Duffield, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) authorize the City Manager to sign the
cover letter and remit the responses of the City of Newport Beach to the Presiding Judge of the
Orange County Superior Court.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Charles Klobe, President of Still Protecting Our Newport (SPON), announced that the annual meeting
will take place on September 24, 2022 at the Environmental Nature Center.
XVIII. PUBLIC HEARING
18. Resolution No. 2022-60: Amending and Re -Adopting the 2021-2029 6th Cycle Housing
Element [100-20221
Community Development Director Jurjis reported having received a letter from the Housing and
Community Development Department (HCD) stating that the City's Housing Element meets all the
statutory requirements and contains adequate sites planned for 2,700 affordable housing units,
making Newport Beach the fifth city to be certified in Orange County. He thanked Deputy
Community Development Director Campbell, Principal Planner Murillo, and Principal Planner
Zdeba for their work.
Council Member Dixon expressed appreciation to staff, and in response to her inquiry, Community
Development Director Jurjis stated that, with the Housing Element complete, staff will focus on the
General Plan Update supported by the General Plan Steering Committee and Policy Advisory
Committee, the priority is to update the Land Use Element and complete the Environmental Impact
Report (EIR) in time for a March 2024 vote, which will be a Greenlight vote, and reported that the
remaining Elements will go at their own pace. He further noted the need for a stable project
description on the EIR and confirmed that the special election will be for the Land Use Element that
will incorporate the housing units.
Council Member Brenner complimented staff for their work on the Housing Element.
Mayor Muldoon opened the public hearing.
Jim Mosher noted that the document for approval contains many policies that are not written,
reviewed, or recommended by the public, but written by staff and the State, suggested Council
engage in the Greenlight issue, noted discrepancies in the Greenlight vote triggers and its
application, expressed concern for litigation that could jeopardize the Greenlight provision, and
recommended that staff and the City Council discuss the consequences of a rejected RHNA mandate
by the vote of the people.
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Suzanne Forster, VP of Banning Ranch Conservancy, provided an update on the Banning Ranch
acquisition effort, pointed out confusing language in the Housing Element (Appendix B, page 91),
noted that the State funding and grant restrictions do not include housing opportunity that follows
the land in perpetuity, and requested the language be updated to reflect Banning Ranch land as an
open space park and nature preserve in the City's General Plan, Land Use Element, and Housing
Element.
Dave Tanner provided a handout, requested that Banning Ranch be removed from the Housing
Element Update, suggested the entire Housing Element, General Plan Update, and the appropriate
NBMC updates be addressed by a single Environmental Impact Report (EIR) within the CEQA
document, the whole project be subject to a vote of the public pursuant to the City Charter, and after
reading the letter from HCD, asked for clarification on when the rezoning, use, and density will take
effect.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Motion by Mayor Pro Tem Blom, seconded by Council Member O'Neill, to a) find this action
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of
the CEQA Guidelines, because it has no potential to have a significant effect on the environment;
and b) adopt Resolution No. 2022-60, AResolution of the City Council of the City of Newport Beach,
California, Amending and Re -Adopting the 6th Cycle Housing Element for the 2021-2029 Period as
General Plan Amendment No. GP2021-005 (PA2017-141).
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 6:39 p.m. in memory of Queen Elizabeth II
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
September 8, 2022. at 4:00 p.m.
c
Leilani I. Brown
City Clerk
C
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