HomeMy WebLinkAbout17 - Amending Portions of the Adopted and Certified 6th Cycle Housing Element, and Amending Title 20 (Planning and Zoning) to Create the Housing Opportunity (HO) Overlay Zoning Districts - CorrespondenceReceived after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 2:34 PM
To: Dept - City Clerk
Subject: RE: September 24th City Council Meeting
From: Marc Rendell <marcrendell@yahoo.com>
Sent: September 19, 2024 1:45 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Marc Rendell
EMAIL ADDRESS: marcrendellCcbyahoo.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I oppose the housing plan you are attempting to push through
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 2:34 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Jackson Cloak <j.cloak@pceholdings.com>
Sent: September 19, 2024 1:43 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Jackson Cloak
EMAIL ADDRESS: j.cloak pceholdings.com
COMMENTS:
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 2:34 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Cory Glass <cory.glass@mac.com>
Sent: September 19, 2024 1:42 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Cory Glass
EMAIL ADDRESS: cory.glassCcbmac.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I demand my right to vote
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 1:44 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Robert Strother <robert_strother@msn.com>
Sent: September 19, 2024 1:10 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Robert Strother
EMAILADDRESS: robert strother msn.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I would like the opportunity to vote. Why would you deny us that right?
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 1:44 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Laurie Kelly <laurie@silverliningrealty.com>
Sent: September 19, 2024 1:08 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Laurie Kelly
EMAIL ADDRESS: tau rieCcbsilverliningrealty.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I am 100% opposed to this City Council moving forward the planned housing plan without
a citywide vote and support SPON's lawsuit to stop this council.
Laurie Kelly
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 1:44 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Kathy white <Kwhite55@icloud.com>
Sent: September 19, 2024 12:57 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Kathy white
EMAIL ADDRESS: Kwhite55()icloud. com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Based on the city charter
We deserve to vote on the city's housing plan. I want to vote on this subject!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 1:43 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: William Mais <bmais@maisco.com>
Sent: September 19, 2024 1:28 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: William Mais
EMAIL ADDRESS: bmais maisco.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I've lived in Newport since 1966. My parents followed the city council watching channel 3
on the TV and reading the Daily Pilot. Local politics were part of dinner discussions. With
stalwarts like Evelyn Heart or Phil Sanstone steering the ship, we had confidence the city
was doing what was best for us residents.
That feeling of confidence has been replaced by one of distrust. That the council cares
more about about developers than the residents they were elected to serve. Trying to
weasel out of giving informed consent to the voters is another reason to question who do
you represent - the residents or the developers?
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 12:55 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Patricia McNally <patty.mcnally@gmail.com>
Sent: September 19, 2024 12:51 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Patricia McNally
EMAIL ADDRESS: patty. mcnally@g_mail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I watched (on zoom) as City Council brazenly ignored our plea to bring this (as previously
mandated) to a vote of the residents of Newport Beach. It was hastily done in hopes that
most voters not aware and they aren't . I want to have a vote regarding the future of our
city. I realize that the state has imposed difficult mandates but I am fully capable of looking
at the issues and making my own decision. We were promised this and it didn't happen.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 12:55 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Christin Foreman <christinfore@icloud.com>
Sent: September 19, 2024 12:39 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Christin Foreman
EMAIL ADDRESS: christinfore@icloud.com
COMMENTS:
ADDITIONAL COMMENTS:
Our community members need to vote on this!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 12:55 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Warren Wimer <warren@wwimer.com>
Sent: September 19, 2024 12:30 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Warren Wimer
EMAIL ADDRESS: warrenPwwimer.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Any person that votes to deny my vote should not be re-elected. Furthermore he/she
should be condemned.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 12:54 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: matt brinker <Mkbrinker@gmail.com>
Sent: September 19, 2024 12:29 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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safe. Report phish using the Phish Alert Button above.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: matt brinker
EMAILADDRESS: Mkbrinker mail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I am writing to express my strong opposition to the recent decision by the City Council to
approve ordinances and resolutions related to implementing the city's housing element
without allowing for a public vote. As a resident of Newport Beach, I believe this action
violates Section 423 of our city charter, commonly known as the 'Green light' provision.
The Greenlight provision was established to ensure that significant land use decisions in
our city are subject to voter approval. By bypassing this crucial democratic process, the
Council has undermined the principles of local governance and citizen participation that
our community holds dear.
I understand that the city is under pressure to complywith state housing mandates.
However, the current housing element calls for 8,174 units, which is approximately 68%
more than the state -required 4,845 units. This substantial increase warrants public
scrutiny and input through a ballot initiative.
Received after Agenda Printed
September 24, 2024
Item No. 17
The Council's argument that state law precludes a vote on this matter is questionable.
Section 423 allows for implementation without a vote only if mandated by state law. Given
that the proposed plan significantly exceeds state requirements, it is reasonable to
conclude that a public vote is both permissible and necessary.
I urge the City Council to reconsider its decision and to honor the spirit and letter of our city
charter by allowing Newport Beach residents to vote on these critical land use changes.
Our community deserves a voice in shaping the future of our city.
Thank you for your attention to this matter. I look forward to your response and to
participating in a public vote on this important issue.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 12:54 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Lindsey Mayfield <Ijemayfield@aol.com>
Sent: September 19, 2024 12:25 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Lindsey Mayfield
EMAIL ADDRESS: ljemayfield(@aol.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
We deserve a right to vote!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 12:54 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Christy Akin <christy.akin@yahoo.com>
Sent: September 19, 2024 12:24 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Christy Akin
EMAIL ADDRESS: christy.akin ahoo.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 12:54 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: ROGER LOCKHART <lidodad@me.com>
Sent: September 19, 2024 12:21 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: ROGER LOCKHART
EMAIL ADDRESS: lidodad@me.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Newport Beach
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 12:54 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Michael Voorhees <v3photo@me.com>
Sent: September 19, 2024 12:20 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Michael Voorhees
EMAIL ADDRESS: v3photo@me.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 8:41 AM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Jim Auster <jimauster@hotmail.com>
Sent: September 19, 2024 8:21 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Jim Auster
EMAIL ADDRESS: iimausterPhotmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote., I can not attend the meeting. Please include my email comment in
the official city record.
ADDITIONAL COMMENTS:
there seems to be an environmental problem at city hall that stinks of corruption and
financial self interest
Received after Agenda Printed
September 24, 2024
Item No. 17
From: City Clerk's Office
Sent: September 18, 2024 2:33 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Wednesday, September 18, 2024 2:32:44 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Richard Barrett <r.barrett@verizon.net>
Sent: September 18, 2024 2:26 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Richard Barrett
EMAIL ADDRESS: r.barrett@verizon.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
As a resident of Newport Beach for over 60 years, I strongly appose the City's housing plan
for more housing than the state's requirement. I believe the citizens of Newport Beach
should vote on the issue.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 2:35 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Peter Belden <peterbelden@gmail.com>
Sent: September 19, 2024 2:01 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Peter Belden
EMAIL ADDRESS: peterbelden@gmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
I want a clear, concise, and legitimate explanation from each of our city council members
as to why the current proposal includes a 68% increase above an already outrageous
housing requirement from Sacramento.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 2:35 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Jeff Cyr <cyr6@cox.net>
Sent: September 19, 2024 1:48 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Jeff Cyr
EMAIL ADDRESS: cyr6@cox.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Why is the city council not allowing a vote on this issue via our city charter?
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 2:35 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Katherine Meleski <Kmeleski@sbcgloba1.net>
Sent: September 19, 2024 1:46 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Katherine Meleski
EMAIL ADDRESS: Kmeleski@sbcglobal.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
This issue is probably the most important issue across the board to the residents of the city
you represent. We are entitled to participate and vote on issues that so largely impact the
quality of life in Newport and to determine whether the necessary support is in place to
handle more growth. I strongly request my right to vote.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: City Clerk's Office
Sent: September 19, 2024 11:02 PM
To: Mulvey, Jennifer
Subject: FW: State Mandated Housing
From: MIKE GROFF <groffmanl@aol.com>
Sent: Thursday, September 19, 2024 6:19:33 PM (UTC-08:00) Pacific Time (US & Canada)
To: Dept - City Council
Cc: City Clerk's Office
Subject: State Mandated Housing
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content is safe. Report phish using the Phish Alert Button above.
Dear City Council,
I wrote a letter prior to the last Council meeting on this topic but want to write again. I am a 22 year full
time Newport Beach resident/homeowner and strongly believe that the housing plan previously
approved by Council should be presented to the citizens through a ballot measure as required by the city
charter. Suggesting that the State of California supercedes city law seems like a dangerous precedent.
At a minimum, a defeat through the voting process (which is likely in my opinion) would send a powerful
message to the State government which seems to want to control local governments more and more.
While the City Council made this decision despite meaningful pushback by local residents, what is very
hard for me to understand is that if Council really believes their vote is the right thing to do then why has
there been no extraordinary efforts to explain the rationale to the local residents of such an important
topic. A special mail out bulletin, email blasts, local District Town Halls or other methods to really explain
the reasoning why City Council opted to set aside the city charter and what it all means to us. Correct me
if I'm wrong but has there been any special outreach on this topic beyond just Council meetings?
The traffic and strain on public services with the proposed increase in housing is frightening to think
about. Newport Blvd, PCH and other main thoroughfares are already tough to deal with and you all live
here so you know that. We dont need a study to confirm that!
I am not able to attend the Council meeting on Sept 24th but would like to once again be on record that I
believe this topic should be put to public vote in accordance with our city charter.
Thank you for your service to our great city and for reading.
Mike Groff
319 Alvarado Place
Newport Beach
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 6:27 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Edward Lyon <val-lyon@sbcgloba1.net>
Sent: September 19, 2024 4:40 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Edward Lyon
EMAIL ADDRESS: vaL-Lyon@sbcglobaL.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Newport Beach City Council,
I am a 61 year resident of Newport Beach and can remember a peaceful beach town of
25,000 residents. The city has managed its growth carefully over the years using significant
input from the community, often by voting on key initiatives. I am opposed to the recently
approved housing amendment and most upset in the way it was approved by a rogue group
on the city council. The housing plan is a major initiative requiring the vote of the citizenry.
Thankyou.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 6:27 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Bonnie Bock <bbockmd@pacbell.net>
Sent: September 19, 2024 4:28 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Bonnie Bock
EMAIL ADDRESS: bbockmd@pacbell.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Addendum
I am unable to attend the meeting due to another obligation.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 6:26 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Bonnie Bock <bbockmd@pacbell.net>
Sent: September 19, 2024 4:27 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Bonnie Bock
EMAIL ADDRESS: bbockmd@pacbell.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I am opposed to the plan to allow affordable housing in gated and large communities. We
Like our community and pay a lot to live here!
If I wanted to live near high density housing, I could live in other cities where this is allowed
Thankyou
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:59 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Joseph Salvo <jsalvo2105@aol.com>
Sent: September 19, 2024 3:41 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Joseph Salvo
EMAIL ADDRESS: jsalvo2105@aol.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I disagree with Newport City and Council building and housing plan!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:57 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Yvette Jolly <yvettejolly@earthlink.net>
Sent: September 19, 2024 2:59 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Yvette Jolly
EMAIL ADDRESS: yvettejolly0bearthlink.net
COMMENTS:
ADDITIONAL COMMENTS:
The citizens of Newport Beach should be allowed to vote on this important community
issue involving housing development in our community. The City Charter requires a vote of
the electorate on the plan. I request the Council reject the current housing development
proposal and allow the Citizens of Newport Beach to vote to approve or disapprove the
plan. The proposed housing plan is excessive and will result in overdevelopment of our
community. The Westcliff / Dover Shores area plan has an excessive number of planned
units and places an unreasonable burden on a community already overburdened byjet
aircraft pollution and noise. I request the Counsel reject the Amendment to the 6th Cycle
Housing Element proposal and create a plan is fair to the Citizens of Newport Beach and
meets the minimum state housing development requirements.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:57 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Candace Howe <candace.howe@yahoo.com>
Sent: September 19, 2024 2:57 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Candace Howe
EMAIL ADDRESS: candace.howe@yahoo.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
City Councel Members,
We deserve the right to vote and weight in on the expansion being proposed. We ask that
this principal - "Under City Charter Section 423, "[v]oter approval is required for any major
amendment to the Newport Beach General Plan." A "major amendment" is one that
"significantly increases" allowed density or intensity, which is defined to include adding
more than 100 dwelling units (among other things). Section 423 also mandates that any
such amendment "shall not take effect unless it has been submitted to the voters and
approved by a majority of those voting on it" be upheld.
Thank you for doing the right thing. This is a tremendous decision that deserves the city's
residents input.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:56 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Doug Kanen <dkanen@batteryspecialties.com>
Sent: September 19, 2024 2:26 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Doug Kanen
EMAIL ADDRESS: dkanen(a)batteryspecialties.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I support the city council for this plan.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:51 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Charles Spence <cspence0369@icloud.com>
Sent: September 19, 2024 2:17 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Charles Spence
EMAIL ADDRESS: cspen ce0369Picloud. com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
The use of "loopholes," is a major red flag. Please don't be that council. Put it to a vote..
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:51 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Suzanne Ceavatta <suzanneceavatta@icloud.com>
Sent: September 19, 2024 2:15 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Suzanne Ceavatta
EMAIL ADDRESS: suzanneceavattaCcbicloud.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:51 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Jerrilynn Kline <jklinex5@aol.com>
Sent: September 19, 2024 2:10 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Jerrilynn Kline
EMAIL ADDRESS: iklinex5C@aoLcom
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:50 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Ronald Willut <willutr@aol.com>
Sent: September 19, 2024 2:09 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Ronald Willut
EMAIL ADDRESS: willutr(a)aoLcom
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I want to vote on the Housing plan
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 19, 2024 5:50 PM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Joan Ramstedt <jramstedt@aol.com>
Sent: September 19, 2024 2:08 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Joan Ramstedt
EMAIL ADDRESS: iramstedt@aol.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 20, 2024 9:06 AM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: COLLEEN JOHNS <EJohns3287@aol.com>
Sent: September 20, 2024 8:15 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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safe. Report phish using the Phish Alert Button above.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: COLLEEN JOHNS
EMAIL ADDRESS: EJohns3287@aol.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 20, 2024 9:06 AM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Kathleen Schaefer <k-schaefer@cox.net>
Sent: September 20, 2024 2:51 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Kathleen Schaefer
EMAIL ADDRESS: k-schaefer0bcox.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Why is the development plan larger than the state's requirements? The charm of our city
will be lost with such devastating overdevelopment. The residents need a say in this plan. I
am against our being excluded in development plans and for the over development of our
city.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 20, 2024 9:05 AM
To: Dept - City Clerk
Subject: FW: State Mandated Housing
-----Original Message -----
From: MIKE GROFF <groffmanl@aol.com>
Sent: September 19, 2024 6:20 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Cc: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: State Mandated Housing
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Dear City Council,
I wrote a letter prior to the last Council meeting on this topic but want to write again. I am a 22 year full
time Newport Beach resident/homeowner and strongly believe that the housing plan previously
approved by Council should be presented to the citizens through a ballot measure as required by the city
charter. Suggesting that the State of California supercedes city law seems like a dangerous precedent.
At a minimum, a defeat through the voting process (which is likely in my opinion) would send a powerful
message to the State government which seems to want to control local governments more and more.
While the City Council made this decision despite meaningful pushback by local residents, what is very
hard for me to understand is that if Council really believes their vote is the right thing to do then why has
there been no extraordinary efforts to explain the rationale to the local residents of such an important
topic. A special mail out bulletin, email blasts, local District Town Halls or other methods to really explain
the reasoning why City Council opted to set aside the city charter and what it all means to us. Correct me
if I'm wrong but has there been any special outreach on this topic beyond just Council meetings?
The traffic and strain on public services with the proposed increase in housing is frightening to think
about. Newport Blvd, PCH and other main thoroughfares are already tough to deal with and you all live
here so you know that. We dont need a study to confirm that!
I am not able to attend the Council meeting on Sept 24th but would like to once again be on record that I
believe this topic should be put to public vote in accordance with our city charter.
Thank you for your service to our great city and for reading.
Mike Groff
319 Alvarado Place
Newport Beach
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 20, 2024 9:05 AM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Liz Braley <lizlund@sbcglobal.net>
Sent: September 19, 2024 8:56 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Liz Braley
EMAIL ADDRESS: lizlund(_sbcglobal.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I am interested in voting on building density and parking ramifications; preserve our quality
of life:-)
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 20, 2024 9:05 AM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Nancy Alston <nanalston@gmail.com>
Sent: September 19, 2024 8:35 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Nancy Alston
EMAIL ADDRESS: nanalston@gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I realize what a difficult decision that this has been for the City Council. I have had mixed
feelings about what I think the city should do because of the draconian measures that
California might take against Newport Beach in retaliation.
However, I have decided I believe the citizens of Newport Beach should vote on this
measure. California has overreached. I find it ironic that the state wants to run our cities
when it cannot run its own government.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 20, 2024 9:04 AM
To: Dept - City Clerk
Subject: FW: Housing mandate
From: Libby <sweetpea4@protonmail.com>
Sent: September 19, 2024 8:24 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: Housing mandate
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safe. Report phish using the Phish Alert Button above.
Dear City Council Members,
I have recently been inundated with emails about your approval for twice the mandated
housing units.
Is there a one sentence reason why this happened?
If you say, "Democrats mades us do this", I will totally understand!!
Best,
Libbt Huyck
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 20, 2024 9:04 AM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Robert Neal <rob.neal@hagerpacific.com>
Sent: September 19, 2024 6:28 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Robert Neal
EMAIL ADDRESS: rob. neal0bhagerpacific.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
We should only agree to housing density requirements as required by the state of
California.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
Sent: September 20, 2024 9:04 AM
To: Dept - City Clerk
Subject: FW: September 24th City Council Meeting
From: Beth Frenzel <bethfrenzel@yahoo.com>
Sent: September 19, 2024 6:09 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Beth Frenzel
EMAIL ADDRESS: bethfrenzel(cbyahoo.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
The voters should decide how land should be developed. This affects our daily lives and
per the city charter, we, the voters must weigh in on land usage decisions.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: DDe t - City Clerk
Subject: FW: September 24th City Council Meeting
Date: September 20, 2024 3:00:07 PM
From: Carolyn Ross <carolynross@me.com>
Sent: September 20, 2024 1:39 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Carolyn Ross
EMAIL ADDRESS: carolynross(ii)me.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
I vote yes for the required number of 4845 new housing units, and I vote NO on any more
than that!!! Thank you.
Carolyn Ross
(949) 500-6714
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: DDe t - City Clerk
Subject: FW: September 24th City Council Meeting
Date: September 20, 2024 3:16:20 PM
From: Cheryl Bame <cheryl@bamepr.com>
Sent: September 20, 2024 2:18 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Cheryl Bame
EMAIL ADDRESS: cheryl.@)bamepr.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
I agree that the City Council should not bypass the local voter requirement set forth in
Section 423.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Adriana Fourcher
To: City Clerk"s Office
Cc: Kleiman, Lauren
Subject: City Council Meeting 9/24 - Public Comments- Agenda Item #16
Date: September 22, 2024 8:50:14 PM
Attachments: 2024-9-22 Comments - Agenda Item #17.pdf
Attachment H - Lawsuits.ndf
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By email to: cityclerk@newportbeachca.gov
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Received after Agenda Printed
September 24, 2024
Item No. 17
September 22, 2024
RE: 9/24 Agenda Item 16 — Resolution No. 2024-73, Ord. Nos.2024-16 and 2024-17.
Dear Sirs,
I am urging the Council to table the Resolutions that remove the reference to a vote of the electorate
pursuant to Charter Section 423 and/or authorize the development of thousands of housing units
without submitting the amendment for a local vote.
I have attached an excerpt of the DUDEK Report that was prepared for the city. Environmental and land
use consultants, previous councilpersons and astute Newport citizens concur that a major amendment
to the General Plan triggers Section 423 (aka "Greenlight").
Furthermore, the city has been aware of this for some time but chose to first delay and now to consider
bypassing the local voter requirement.
If the council is sincere in asserting that it is united with citizens in the desire to regain local control,
protect property rights and the quality of living in Newport Beach, then it will need to honor Section
423.
The recent petition for writ of mandate regarding this issue gives chance for equilibrium to be
established between external forces (i.e. HCD) and internal interests (community & business).
Sincerely,
Adriana Eourcher
Resident and Business Owner
Attachment: Excerpt Dudek Report, Dated June 2024, Cover and Page 2
CC: Mrs. Lauren Kleiman, D-6, Ikleiman@newportbeachca.gov
Received after Agenda Printed
September 24, 2024
Item No. 17
Land Use Element Existing Conditions and
Background Analysis
General Plan Ut)date
MAY JUNE 2024
Prepared for:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
Prepared by:
DVDEK
27271 Las Ramblas
Mission Viejo, California 92691
Received after Agenda Printed
Se��pppteNNmbe11rr7 24, 2024
GENERAL PLAN UPDATE / LAND USE ELEMENT EXISTING CONDITIONS AND BACKGIf%TN�O/�N,4LYSIS
administration and procedures for reviewing and approving development projects, and performance standards. The
City's Zoning Code was last comprehensively updated in 2010, with subsequent amendments.
4.3.2 Charter Section 423
On November 7, 2000, the City's electorate approved Measure S, which amended the Newport Beach City Charter
by adding Section 423. Section 423 of the City Charter requires voter approval of "major amendments" to the
Newport Beach General Plan. A "major amendment" is defined as an amendment "that significantly increases the
maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity."
Section 423 provides further clarity by defining "significant increases" to include "over 100 peak hour trips (traffic),
or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity)."
In accordance with Section 423, a major amendment to the General Plan cannot take effect unless it has been
submitted to the voters and approved by a majority of those voters. Charter Section 423 encourages the City Council
to adopt implementing guidelines that are consistent with its purpose and intent. Proposed amendments to the
General Plan must first be considered and approved by the City Council.
4.3.3 Local Coastal Program and Implementation Plan
The CCC maintains regulatory authority and permitting jurisdiction over the use of land and water in the coastal
zone until a local government prepares an LCP that includes both a Land Use Plan and an Implementation Plan.
The Newport Beach LCP was certified by the CCC in 20177 and has been amended regularly to clarify and update
existing policies and to incorporate new policies to reflect emerging planning issues and the best available science.
The LCP acts as the standard regulatory and permitting guide for development in the coastal zone within Newport
Beach and its Sphere of Influence, with the exception of Newport Coast and Banning Ranch. The LCP acts in tandem
with the adopted Land Use Element, which provides specific densities and number of permitted units for select
parcels. While Newport Coast is within the City's boundary, the Newport Beach LCP does not address Newport
Coast. This is because gprior to the ineoflaaraUerlannexation of Newport Coast into -Gf the City of Newport Beach,
the -Newport Coast was addressed in the 9rafrge-County of Orange LCP, which was developed and certified by the
CCC in 1988. when a rna. raty of ,.,,unly lands were undeveloped and „mmnGerperated. As the Newport Coast
segment of the Ofaflg County of Orange LCP has not been updated since its certification, the "iewpof+ Qeaeh ' Qo
it is still the regulatory document for
areas in the Coastal Zone in Newport Coast.
In accordance with Title 21 of the Newport Beach Municipal Code, wWhere conflicts may arise between the City's
LCP and the adopted Land Use Eleme^+ordinance or element of the General Plan, the Coastal Land Use Plan pan
with the er density that is mest preteGtive Of Geastal shall prevail, but shall not be
interpreted to allow development to exceed limits established by the General Plan or its imDlementing ordinance.
The Land Use Plan of the LCP contains three key chapters: Land Use and Development, Public Access and
Recreation, and Coastal Resource Protection. The Land Use and Development Chapter addresses land use.
7 The Land Use Plan portion of the Local Coastal Program (LCP) was first certified by the California Coastal Commission (CCC) in
2005, and the Implementation Plan followed in 2017. An LCP is not considered certified until both the Land Use Plan and
Implementation Plan are approved by the CCC.
D U D E K 15443 23
%W-JUNE 2024
Attachment H
Lawsuits
Received after Agenda Printed
September 24, 2024
Item No. 17
17-150
Printed
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Received after Agend;
September 24, 2024
Item No. 17
JENNIFER L. KELLER (SBN 84412)
jkeller@kelleranderle.com
BENJAMIN R. BARRON (SBN 257094)
bbaffon@kelleranderle.com
SHAUN A. HOTING (SBN 260656)
shoting@kelleranderle.com
KELLER/ANDERLE LLP
18300 Von Karman Avenue, Suite 930
Irvine, California 92612
Telephone: (949) 476-8700
Facsimile: (949) 476-0900
Attorneys for Petitioner,
STILL PROTECTING OUR NEWPORT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
STILL PROTECTING OUR NEWPORT, a non- Case No.
profit organization,
VERIFIED PETITION FOR WRIT OF
Petitioner, MANDATE
V.
CITY OF NEWPORT BEACH,
Respondent.
UNLIMITED JURISDICTION
-1-
VERIFIED PETITION FOR WRIT OF MANDATE
17-151
Received after Agenda
September 24, 2024
Item No. 17
1 1. Petitioner Still Protecting Our Newport (SPON) brings this action for a writ of
2 mandate against Respondent City of Newport Beach (City), and alleges as follows:
3 INTRODUCTION
4 2. More than two decades ago, local residents voted by a landslide in favor of the
5 Greenlight Initiative, a ballot measure that added "Section 423" to the City Charter. Section 423
6 prohibits the City Council from amending the City's General Plan to authorize major development
7 projects without first obtaining approval from local residents. More specifically, Section 423
8 mandates local residents approve any amendment to the City's General Plan that authorizes the
9 development of more than 100 dwelling units.
10 3. The City Council openly violated Section 423. On July 23, 2024, the City Council
1 1 purported to adopt an amendment to the City's General Plan that would allow for the development of
12 at least 8,100 new dwelling units, and as many as 19,000 new dwelling units. Local residents did not
13 vote on that amendment prior to the July 23 action of the City Council.
14 4. The City Council asserts, without support, that the right to vote by local residents under
15 Section 423 is preempted by housing mandates adopted by the state Legislature. That is not the law
16 and the City knows it.
17 5. For example, in September 2022, the City informed the California Department of
18 Housing and Community Development (HCD) that major amendments to the City's General Plan
19 authorizing the development of more than 100 dwelling units are subject to a local vote. Further, the
20 City expressly told HCD that it planned to comply with Section 423 as part of the overall process to
21 meet state housing mandates. A month later, HCD issued a written letter approving the City's plan
22 to comply with Section 423. What's more, City officials, such as the Mayor, told local residents that
23 any General Plan amendment that triggered Section 423 would be submitted to a vote of local
24 residents. The City Council's sudden reversal is stunning in light of the existing public record.
25 6. A writ of mandate should issue directing the City Council to comply with Section 423.
26 JURISDICTION AND VENUE
27 7. This Court has jurisdiction under laws that include Code of Civil Procedure § 1085,
28 and Article 6, § 10 of the California Constitution.
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8. Venue is proper in this Court under California Code of Civil Procedure § 394 because
the City is situated in Orange County.
9. SPON has exhausted any administrative remedies and has no plain, adequate, or
speedy remedy at law.
PARTIES
10. Founded in 1974, Petitioner SPON is a non-profit organization that represents the
interests of City residents in connection with environmental matters and related land use issues.
SPON has a beneficial interest in the subject matter of this litigation within the meaning of section
1 1086 of the California Code of Civil Procedure.
11. Respondent City is a chartered city under the California Constitution, and operates
through a City Charter per Government Code § 34450, et seq. The City is governed by a seven -
member City Council, and has adopted a General Plan controlling all residential and commercial
development in the City.
THE CONTROVERSY
A. Local Residents Pass Measure S, Adding Section 423 to the City's Charter.
12. City Charter Section 423—commonly known as the "Greenlight Initiative"is a
fundamental section of the City's Charter that requires voter approval of land use decisions that
significantly increase the amount or intensity of development in the City.
13. Presented to voters as Measure S, the principal object of the Greenlight Initiative was
to amend the City Charter to add Section 423. In November 2000, local residents voted nearly 2-to-
1 to approve Measure S.
14. The current version of Section 423 states, in full:
Voter approval is required for any major amendment to the Newport Beach General
Plan. A "major amendment" is one that significantly increases the maximum amount
of traffic that allowed uses could generate, or significantly increases allowed density
or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over
100 dwelling units (density), or over 40,000 square feet of floor area (intensity); these
thresholds shall apply to the total of. 1) Increases resulting from the amendment itself,
plus 2) Eighty percent of the increases resulting from other amendments affecting the
same neighborhood and adopted within the preceding ten years. "Other amendments"
does not include those approved by the voters. "Neighborhood" shall mean a Statistical
Area as shown in the Land Use Element of the General Plan, page 89, in effect from
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1 1988 to 1998, and new Statistical Areas created from time to time for land
2 subsequently annexed to the City.
"Voter approval is required" means that the amendment shall not take effect unless it
3 has been submitted to the voters and approved by a majority of those voting on it. Any
4 such amendment shall be submitted to a public vote as a separate and distinct ballot
measure notwithstanding its approval by the city council at the same time as one or
5 more other amendments to the City's General Plan. The city council shall set any
election required by this Section for the municipal election next following city council
6 approval of the amendment, or, by mutual agreement with the applicant for the
amendment, may call a special election for this purpose with the cost of the special
7 election shared by the applicant and the City as they may agree. In any election
8 required by this Section, the ballot measure shall be worded such that a YES vote
approves the amendment and a NO vote rejects the amendment; any such election in
9 which the ballot measure is not so worded shall be void and shall have no effect.
10 This section shall not apply if state or federal law precludes a vote of the voters on the
amendment. (Added effective December 15, 2000)
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12 B. City Officials Spent Years Telling the State and Local Residents that the City
13 Would Comply with Section 423.
14 15. The California Legislature requires each city in California to adopt a comprehensive,
15 long-term general plan for the physical development, configuration, and character of the city. (Gov.
16 Code § 65300, et seq.) A city's general plan serves a vital purpose in local planning efforts, with
17 California courts having described the general plan as "a constitution for all further development
18 within the city." (Friends of `B" Street a City of Hayward (1980) 106 Cal.App.3d 988, 997; see also
19 Endangered Habitats League, Inc. a Cnty of Orange (2005) 131 Cal.AppAth 777, 181 ["The general
20 plan functions as a `constitution for all future developments,' and land use decisions must be
21 consistent with the general plan and its elements."].)
22 16. On September 13, 2022, the City adopted the Housing Element, which is a
23 comprehensive disclosure of the details of the City's plan to comply with the HCD's Regional
24 Housing Needs Allocation. According to the City's Housing Element: for the "2021-2029 planning
25 period the City was allocated a total of 4,845 units[.]" (Housing Element at 1-4.)
26 17. Two days later, on September 15, 2022, the City submitted the Housing Element to the
27 HCD for review and certification. In its Housing Element, the City made numerous statements
28 recognizing that a Section 423 vote was required to amend other portions of the General Plan to align
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with the Housing Element. For example, the City unambiguously stated it "will implement Charter
Section 423 when it amends" the General Plan.
18. HCD conducted a review of the proposed Housing Element. In an October 5, 2022,
letter, HCD certified that the City's Housing Element was "in full compliance with State Housing
Element Law." In that same letter, HCD also informed the City that it "must continue timely and
effective implementation of all programs including ... [i]nitiating a Ballot Measure for a Charter
Section 423 Vote."
19. Since publishing the Housing Element, the City has made numerous other statements
recognizing its obligations to submit the necessary General Plan amendments to a vote under Section
423.
20. For example, on April 18, 2024, the City's Planning Commission held a meeting to
provide a recommendation to the City Council regarding various amendments and actions to
implement the Housing Element, including an amendment to the General Plan Land Use Element.
The Staff Report published in advance of that meeting provided the following: the "proposed General
Plan Land Use Element amendments would not take effect unless it has been submitted to the voters
and approved by a majority of those voting on it."
21. More recently, in the June 2024 issue of Newport Beach Living, the City's Mayor and
Councilmember, Will O'Neill, confirmed that a Section 423 public vote would take place on the
proposed General Plan amendment: "[i]n November [2024], our residents will have the choice to
approve that approach when the land use element of our city's general plan (implementing the housing
element) is in front of them."
22. Despite these numerous promises and representations to local residents, the City
Council abruptly reversed course and declined to submit the proposed amendments to the City's
General Plan to the local residents for a vote, as required by Section 423.
C. The July 23, 2024, City Council Meeting.
23. The City Council held a public meeting on July 23, 2024. Agenda Item No. 23 for the
meeting presented the City Council with two options. The first option was to comply with Section
423, and submit the proposed General Plan amendments to the local residents for a vote. The second
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1 option was for the City Council to unilaterally approve the proposed General Plan amendments
2 without calling a local vote as required by Section 423.
3 24. The City Council adopted the second option. Resolution No. 2024-58 provides in
4 relevant part, that the City Council "does hereby initiate a narrowly focused amendment to the
5 adopted and certified statutorily compliant 6th Cycle Housing Element of the General Plan to remove
6 the reference to a vote of the electorate pursuant to Charter Section 423 as a constraint or as an
7 implementing action." Resolution No. 2024-51 purported to approve amendments to the Land Use
8 Element of the City's General Plan, in particular by authorizing the development of thousands of
9 housing units without submitting the amendment for a local vote. In effect, the City Council ignored
10 Section 423's voter approval requirement.
11 25. A week later, on July 30, the City published for public comment its proposed amended
12 Housing Element, in which the City removed the previous statements that Section 423 required the
13 City to hold a public vote. The proposed amended Housing Element now provides that a "Charter
14 Section 423 vote is precluded, and the City will move forward with implementing the Housing
15 Element without a Charter Section 423 vote."
16 26. Mayor O'Neill later confirmed that, despite the City Council's decision, Section 423
17 required the Housing Element be submitted to a vote of local residents. Specifically, he stated: "I
18 thought that the policies, principles and politics all leaned toward not sending to a vote. But I read
19 423 to require a vote. So I couldn't support motions that interpreted 423 opposite that." Yet rather
20 than enter a vote at the Council Meeting that was consistent with the law, his stated views, and his
21 assurances to local residents that a Section 423 election would be held, Mayor O'Neill abstained.
22 Mayor O'Neill attempted to justify his conduct as a matter of "professional courtesy" and asserted
23 that it "made sense" in light of claimed threats of litigation.
24 27. The City has failed to provide any legal basis for its position that California law
25 precludes a Section 423 vote. Nor can it. For example, California law is clear that "courts must
26 resolve all doubts in favor of the people's exercise of the initiative power and uphold the validity of
27 an initiative wherever it is possible to do so." (Lesher Communications, Inc. v. City of Walnut Creek
28 (1990) 52 Cal.3d 531, 539.) And "absent a clear showing of the Legislature's intent to the contrary,"
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1 courts presume that initiatives requiring voter approval of local legislative decisions are valid. (Voters
2 for Responsible Retirement v. Bd. of Supervisors (1994) 8 CalAth 765, 777.) No provision of state
3 law allows the City's adoption of the General Plan amendment at issue in this litigation to be
4 immunized from voter review and approval under Section 423.
5 28. Despite HCD's October 2022 letter directing "timely and effective" implementation
6 of the Housing Element, the City Council waited nearly two years to take any action to amend the
7 General Plan to be consistent with the HCD-certified Housing Element. The City's lack of diligence
8 is no excuse for violating Section 423.
9 FIRST CAUSE OF ACTION
10 (Petition for Writ of Mandate)
11 29. In general, mandamus relief is available to compel a public agency to comply with a
12 mandatory duty or remedy an abuse of discretion. (See Code Civ. Proc. §§ 1085, 1094.5.) A local
13 government's "failure to follow its own procedures provides the basis for the issuance of a traditional
14 writ of mandate." (CV Amalgamated LLC v. City of Chula Vista (2022) 82 Cal.App.5th 265, 283.)
15 30. Under City Charter Section 423, "[v]oter approval is required for any major
16 amendment to the Newport Beach General Plan." A "major amendment" is one that "significantly
17 increases" allowed density or intensity, which is defined to include adding more than 100 dwelling
18 units (among other things). Section 423 also mandates that any such amendment "shall not take effect
19 unless it has been submitted to the voters and approved by a majority of those voting on it."
20 31. The City, through its City Council, has refused to allow local residents to vote on an
21 amendment to the City's General Plan that triggered Section 423. The amended General Plan Land
22 Use Element at issue in this litigation states that it will add 4,845 new dwelling units. On information
23 and belief, the Land Use Element will actually add more than 8,100 dwelling units, and as many as
24 19,000 dwelling units. By adding more than 100 dwelling units, Section 423 required that the City
25 submit the proposed amendment to the General Plan Land Use Element to a vote of local residents.
26 On July 23, 2024, the City, through a vote of the City Council, violated Section 423 by voting to
27 unilaterally approve the amendment to the General Plan Land Use Element.
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Item No. 17
PRAYER FOR RELIEF
WHEREFORE, SPON prays for judgment as follows:
1. A writ of mandate directing the City Council to set aside Resolution No. 2024-58 and
Resolution No. 2024-51.
2. A judicial declaration to the effect that the City Council cannot bypass the local voter
requirement set forth in Section 423 relative to the subject matter of Resolution No. 2024-58 and
Resolution No. 2024-51.
3. An award of SPON'S reasonable fees and costs.
4. For any other relief as the Court deems proper and just.
Dated: August 8, 2024
Respectfully submitted,
KELLER/ANDERLE LLP
By: 0/-Zzl"
nnifer L. Keller
Bejamin R. Barron
Shaun A. Hoting
Attorneys for Petitioner,
Still Protecting Our Newport
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VERIFICATION
I, Charles Klobe, am the President of Stop Polluting Our Newport, Inc., d/b/a Still Protecting
Our Newport. I have read this Verified Petition for Writ of Mandate, and am informed and believe
that the matters therein are true, and on that ground alleges that the matters stated therein are true.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed this day of August, 2024.
C1iai riles Klobe
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Electronically Filed by Superior Court of California, County of Orange, 08/23/2024 05:25:21 PM.
1421781-CU-WM-CXC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By Printed
September 24, 2024
Item No. 17
JENNIFER L. KELLER (SBN 84412)
jkeller@kelleranderle.com
BENJAMIN R. BARRON (SBN 257094)
bbarron@kelleranderle.com
SHAUN A. HOTING (SBN 260656)
shoting@kelleranderle.com
KELLER/ANDERLE LLP
18300 Von Karman Avenue, Suite 930
Irvine, California 92612
Telephone: (949) 476-8700
Facsimile: (949) 476-0900
Attorneys for Petitioner,
STILL PROTECTING OUR NEWPORT
Aisiened for All purpom
judge Melissa R. McCormick
CX-104
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
30-2024-01421781-CU-WM-CXC
STILL PROTECTING OUR NEWPORT, a Case No.
non-profit organization,
VERIFIED PETITION FOR WRIT OF
Petitioner, MANDATE
V.
CITY OF NEWPORT BEACH,
Respondent.
UNLIMITED JURISDICTION
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Item No. 17
1. Petitioner Still Protecting Our Newport (SPON) brings this California Environmental
Quality Act (CEQA) action for a writ of mandate against Respondent City of Newport Beach (City),
and alleges as follows:
INTRODUCTION
2. Affordable housing is essential. But equally important is the need to protect the
environment. For that reason, CEQA generally requires that potential significant environmental
impacts be disclosed to the public, thoroughly analyzed, and avoided altogether or mitigated to make
them insignificant absent a finding of overriding considerations. The City recently authorized the
development of nearly 20,000 housing units but only analyzed the environmental impacts for a
fraction of them. The law demands more.
3. On July 23, 2024, the Newport Beach City Council (City Council) voted to amend the
City's General Plan, Local Coastal Program, and Zoning Code to dramatically increase the scale and
density of residential development in Newport Beach. These approvals, which were intended to
implement the Newport Beach 2021-2029 6th Cycle Housing Element (Housing Element), are
referred to collectively as the "6th Cycle Housing Element Implementation Program" (Project).
4. When the City first began to prepare the Housing Element, it assured the community
it would allow new development only to extent State housing law requires. Under California law, the
City was required to accommodate 4,845 new housing units at varying levels of affordability (e.g.,
low income, very -low income). This is commonly referred to as the City's Regional Housing Needs
Assessment (RHNA) allocation.
5. Despite those assurances, the recently approved Project will allow a massive increase
in new development far beyond what the law requires. According to the Environmental Impact
Report (EIR) the City certified, the Project purportedly would allow the construction of 9,649 new
housing units. However, that number is far below what the City has actually authorized because the
EIR ignored the density bonus laws that will dramatically increase the number of housing units
constructed. In reality, those density bonus laws will allow developers to construct up to 19,298 new
units without any further changes to City laws or regulations —nearly four times the number of units
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required by State law. Such development would also add more than 42,000 new residents, increasing
Newport Beach's population by more than 50 percent.
6. Under CEQA, the EIR was required to disclose, analyze, and mitigate all direct and
reasonably foreseeable indirect environmental impacts associated with the Project, including the
massive influx of housing and residents authorized under the Project. This includes any direct or
indirect impacts to public services (e.g., utilities), traffic, air quality, noise, biological resources, and
more.
7. In the EIR, the City deliberately chose to ignore that future developers will be able to
leverage State and local density bonus laws to build far more units than what was disclosed. The
City's failure to address this issue infected the entirety of the EIR's analysis, leading to undisclosed
environmental impacts and a failure to identify or impose adequate mitigation. The City's obfuscation
of the true amount of development also frustrated CEQA's twin goals of informed public participation
and agency decision -making. The community deserves better.
8. SPON respectfully asks that this Court enter a writ ordering the City to set aside its
approval of the Project and to revise the EIR to address these errors. The issuance of such relief will
ensure the City complies with its obligations under CEQA and that both the public and City
decisionmakers truly understand the consequences of the Project.
JURISDICTION AND VENUE
9. This Court has jurisdiction over this action under sections 1094.5 and 1085 of the Code
I of Civil Procedure and sections 21168 and 21168.5 of the Public Resources Code.
10. Venue is proper in this Court under section 394 of the California Code of Civil
Procedure because the City is situated in Orange County and the acts and omissions giving rise to the
instant controversy took place in Orange County. The Project is also located in Orange County.
PARTIES
11. Founded in 1974, Petitioner SPON is a non-profit organization that represents the
interests of Newport Beach residents in connection with environmental matters and related land use
issues. SPON has a beneficial interest in the subject matter of this litigation within the meaning of
section 1086 of the California Code of Civil Procedure.
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12. Respondent City is a chartered city under the California Constitution, and operates
through a City Charter per Government Code § 34450, et seq. The City is governed by a seven -
member City Council.
PROCEDURAL REQUIREMENTS
13. SPON has exhausted all available administrative remedies in connection with the
City's approval of the Project. (Pub. Resources Code § 21177.)
14. On July 24, 2023, the Notice of Determination for the Project was filed with the
Orange County Clerk -Recorder. This action is therefore timely filed in compliance with section
21167 of the Public Resources Code.
15. SPON has complied with section 21167.5 of the Public Resources Code by providing
the City with notice of SPON's intent to commence this action. Attached as Exhibit A is a copy of
the Proof of Service completed in connection with the mailing of said notice.
THE CONTROVERSY
A. The RHNA Allocation and Housing Element.
16. Under California law, regional planning agencies are tasked with forecasting the future
housing needs across their respective regions. This process, which is conducted every eight (8) years,
is known as the Regional Housing Needs Assessment or "RHNA."
17. In March 2021, the Southern California Association of Governments adopted its 6th
Cycle RHNA allocation plan. Under that plan, Newport Beach was allocated 4,845 housing units,
including 1,456 very -low-income units, 930 low-income units, 1,050 moderate -income units, and
1,409 above -moderate -income units.
18. On September 13, 2022, the City Council adopted the Housing Element to address its
RHNA allocation. Three weeks later, on October 5, the California Department of Housing and
Community Development (HCD) certified the City's Housing Element was in full compliance with
the State Housing Element Law.
B. The EIR for the Project.
19. In March 2023, the City began taking steps to implement the Housing Element. For
several months City staff and the City Council -appointed General Plan Advisory Committee (GPAC)
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and General Plan Update Steering Committee (GPUSC) began the process of identifying the goals
and general contents of the Project.
20. On June 27, 2023, the City issued a Notice of Preparation and Scoping Meeting to
announce that it was preparing the EIR for the Project. Six months later, on February 12, 2024, the
draft EIR was released for public review and comment.
21. The EIR analyzed the future development of 9,649 new housing units in Newport
Beach. This figure excludes so-called "Pipeline Projects," which are projects that are in or have
completed the entitlement process and would likely be developed during the 2021-2029 planning
period.
22. The EIR acknowledges that State density bonus laws —which are also reflected in the
Newport Beach Municipal Code (Municipal Code) —could result in the construction of housing units
above and beyond the 9,649 units contemplated in the EIR. The EIR provides: "As mandated by
State law and set forth in Municipal Code Chapter 20.32, density bonuses are granted where
affordable housing for Moderate- to Very -Low -Income households and special housing needs is
provided as a percentage of the proposed development." These density bonus laws allow for "a
density increase over the maximum allowable residential density under the applicable zoning and
Land Use Element of the General Plan." In other words, the EIR is crystal clear that developers could,
consistent with State and local law, ultimately build far more than the 9,649 units identified in the
EIR.
23. Despite acknowledging the eminently foreseeable possibility of this additional
housing, the EIR failed to identify or disclose any impacts from such development. Instead, the EIR
merely asserts the 9,649-unit figure "can be reasonably assumed to accommodate potential density
bonus units."
24. SPON understands that developers in Newport Beach and the broader Orange County
region frequently rely on density bonus laws to build more units than would otherwise be allowed
under applicable local land use regulations. The EIR fails to provide any evidence or analysis to
support the City's view that future development under the Project would not similarly take advantage
of State and local density bonus laws.
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25. Because the EIR ignores additional development facilitated under State and local
density bonus laws, the EIR fails to fully identify, evaluate, or mitigate the Project's impacts as CEQA
requires.
C. The City Approves the Project.
26. At its July 23, 2024, public meeting, the EIR was presented to the City Council for
approval and certification.
27. Prior to that meeting, SPON's President, Mr. Charles Klobe, submitted a comment
letter to the City Council raising concerns about the EIR's analysis. Mr. Klobe's letter states: "All
elements of the []EIR under consideration at the July 23, 2024 city council meeting are deficient as
they do not analyze the potential density bonus units allowed under state law. Density bonus units
were not analyzed and could add thousands of units above the 9,914 studied in the Draft []EIR,
therefore it is deficient and must be recirculated."
28. At the July 23 meeting, the City Council received a report from City staff and
additional comments from the public. SPON members and other Newport Beach residents once again
raised concerns about the EIR's failure to account for and analyze the additional development that
would be facilitated by State and local density bonus laws. Ignoring the public comments, the City
Council voted unanimously to certify the EIR and approve the Project.
FIRST CAUSE OF ACTION
(Petition for Writ of Mandate under CCP §§ 1094.5 and/or 1085 — Inadequate Project
Description)
29. SPON hereby incorporates each paragraph set forth above.
30. Public agencies like the City must prepare an EIR before approving a project that may
have a significant effect on the environment. (Pub. Resources Code § 21152.) CEQA broadly defines
a "project" to include "the whole of an action, which has a potential for resulting in ether a direct
physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment" and that is undertaken, supported or approved by a public agency. (14 Cal. Code Regs.
§ 15378.) And to ensure an EIR adequately evaluates the potential impacts of a project, an EIR must
include a description of the project's location, objectives, and characteristics. (14 Cal. Code Regs. §
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1 15124.) "An accurate, stable and finite project description is the Sine qua non of an informative and
2 legally sufficient EIR." (County oflnyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 195.)
3 31. A EIR's project description must include all relevant aspects of a project, including
4 any activities that are a "reasonably foreseeable consequence" of the project approval. (Laurel
5 Heights Improvement Assn. v. Regents of Univ. of Cal. (1988) 47 Cal.3d 376, 433.) It is unlawful for
6 an agency to artificially narrow the scope of a project to avoid disclosing or evaluating all potential
7 impacts. (See, e.g., San Joaquin Raptor/Wildlife Rescue Center v. Cmy. of Stanislaus (1994) 27
8 Cal.App.4th 713, 734-35; Rural Landowners Assn. v. City Council (1983) 143 Cal.App.3d 1013,
9 1024.)
10 32. As explained above, the EIR for the Project evaluates only the impacts associated with
11 the future development of 9,649 new housing units in Newport Beach. However, the EIR ignores the
12 fact that far more units would be built pursuant to State density bonus laws and the City's own
13 Municipal Code. Those laws could allow up to double the number of housing units—i.e., a total of
14 19,298 units.
15 33. Developers across California often rely on density bonus laws to build larger and more
16 dense projects than would otherwise be allowed under local planning and zoning regulations. Indeed,
17 the EIR acknowledges that density bonus laws could allow developers to build up to double the
18 number of housing units contemplated by the Project. Despite this acknowledgement, the EIR fails
19 to acknowledge or evaluate any of the impacts associated with the likelihood that developers will rely
20 on those same laws in Newport Beach.
21 34. The EIR's failure to disclose the additional development that is a reasonably
22 foreseeable consequence of the Project renders the EIR's project description legally deficient and
23 frustrated public participation and informed agency decision making.
24 35. Per sections 1094.5 and/or 1085 of the Code of Civil Procedure, SPON seeks a writ
25 setting aside the City's certification of the EIR and approval of the Project on the grounds that the
26 City failed to proceed in the manner required by law and/or prejudicially abused its discretion by
27 failing to disclose the reasonably foreseeable consequences of Project.
28
-7-
VERIFIED PETITION FOR WRIT OF MANDATE
Printed
17-166
i Printed
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Received after Agend;
September 24, 2024
Item No. 17
SECOND CAUSE OF ACTION
(Petition for Writ of Mandate under CCP §§ 1094.5 and/or 1085 — Failure to Analyze and
Mitigate Environmental Impacts)
36. SPON hereby incorporates each paragraph set forth above.
37. An EIR must identify and describe the significant environmental impacts that will
result from a proposed project. (14 Cal. Code Regs. § 15126.2, subd. (a).) "An EIR must be prepared
with a sufficient degree of analysis to provide decision makers with information which enables them
to make a decision which intelligently takes account of environmental consequences." (14 Cal. Code
Regs. § 15151.)
38. In addition to identifying and describing significant impacts, an EIR must "describe
feasible measures which could minimize significant adverse impacts." (14 Cal. Code Regs. §
15126.4, subd. (a)(1).) The EIR must also "identify mitigation measures for each significant
environmental effect identified in the EIR." (Id. at subd. (a)(1)(A).)
39. As explained above, the City refused to account for the fact that State and local density
bonus laws could result in dramatically more housing development than what was disclosed and
evaluated in the EIR for the Project. The EIR therefore failed to identify and analyze fully all of the
Project's reasonably foreseeable impacts across each topic area. Similarly, by failing to identify and
analyze these impacts, the EIR failed to formulate or require implementation of feasible mitigation
measures that would avoid or reduce such impacts.
40. Per sections 1094.5 and/or 1085 of the Code of Civil Procedure, SPON seeks a writ
setting aside the City's certification of the EIR and approval of the Project on the grounds that the
City failed to proceed in the manner required by law and/or prejudicially abused its discretion by
failing to identify, analyze, and mitigate all of the Project's foreseeable environmental impacts.
PRAYER FOR RELIEF
WHEREFORE, SPON prays for judgment as follows:
1. A writ of mandate directing the City to set aside and vacate its certification of the EIR
(Resolution No. 2024-50).
-8-
VERIFIED PETITION FOR WRIT OF MANDATE
17-167
Printed
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Received after Agend;
September 24, 2024
Item No. 17
2. A writ of mandate directing the City to set aside and vacate its approvals for the Project
(Resolution Nos. 2024-51, 2024-52, 2024-53, and 2024-58; Ordinance Nos. 2024-16 and 2024-17).
3. A writ of mandate directing the City to identify and analyze all of the Project's
environmental impacts, including impacts associated with future use of State and local density bonus
laws, and to impose appropriate mitigation consistent with CEQA.
4. An award of SPON'S reasonable fees and costs, including under Code of Civil
Procedure section 1021.5.
5. For any other relief as the Court deems proper and just.
Respectfully submitted,
Dated: August 23, 2024
KELLER/ANDERLE LLP
By:
JYNNIFER L. KELLER
SHAUN A. HOTING
BENJAMIN R. BARRON
Attorneys for Petitioner,
STILL PROTECTING OUR NEWPORT
-9-
VERIFIED PETITION FOR WRIT OF MANDATE
17-168
Received after Agend Printed
September 24, 2024
Item No. 17
VERIFICATION
I, Charles Klobe, am the President of Still Protecting Our Newport. I have read this Verified
Petition for Writ of Mandate, and am informed and believe that the matters therein are true, and on
that ground alleges that the matters stated therein are true.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed this 23 day of August, 2024.
CHARLES KLOBE
-10-
VERIFIED PETITION FOR WRIT OF MANDATE 17-169
Exhibit A
Received after Agenda Printed
September 24, 2024
Item No. 17
17-170
Printed
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Received after Agendi
September 24, 2024
Item No. 17
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
I, am over the age of 18 and not a parry to the action. I am employed Keller/Anderle LLP,
18300 Von Karman Avenue, Suite 930, Irvine, California 92612.
On August 23, 2024, I served a copy of the following document(s) on the interested parties
through their counsel identified on the attached service list by the mean of service indicated below.
LETTER FROM JENNIFER L. KELLER TO CITY OF NEWPORT BEACH, CITY
CLERK'S OFFICE
❑x BY MAIL: I placed a copy of the document(s) listed above in a sealed envelope for
collection by the United States Postal Service, addressed to the persons in the attached
service list, following the ordinary business practices of Keller/Anderle LLP. I am readily
familiar with the practices of Keller/Anderle LLP for the collection and processing of mail
with the United States Postal Service. On the same day that correspondence is placed for
collection, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
❑ BY ELECTRONIC SERVICE: I sent by email a copy of the document(s) listed above to
the email address(es) in the attached service list.
❑ BY OVERNIGHT DELIVERY: I placed a copy of the document(s) listed above in a
sealed envelope or package for collection by an overnight delivery carrier and addressed to
the persons in the attached service list. I deposited the envelope or package in a box or other
facility regularly maintained by the overnight deliver carrier or delivered the envelope or
package to a courier or driver authorized by the overnight delivery carrier to receive such
documents.
❑ BY PERSONAL SERVICE: I placed a copy of the document(s) listed above in a package
and I delivered or directed a courier to deliver the package by hand to the address(es) in the
attached service list.
IZI (STATE) I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed August 23, 2024, at Irvine, California.
Leobardo Cano
Type or Print Name
.
W— PF -0 M---
PROOF OF SERVICE
17-171
Received after Agend;
September 24, 2024
Item No. 17
1
SERVICE LIST
2
Leilani Brown
City Clerk for the City of Newport Beach
OFFICE OF THE CITY CLERK
3
100 Civic Center Drive
Newport Beach, CA 92660
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PROOF OF SERVICE
Printed
17-172
Received after Agenda Printed
September 24, 2024
Item No. 17
Keller/AnderleLLP
BUSINESS TRIAL LAWYERS
August 23, 2024
VIA CERTIFIED MAIL
City of Newport Beach, City Clerk's Office
Attn: Leilani Brown, City Clerk
100 Civic Center Drive, Bay 2E
Newport Beach, CA 92660
Re: Notice of Impending Litigation — California Environmental Quality Act
Dear Ms. Brown:
Per Section 21167.5 of the Public Resources Code, please take notice that our client Still
Protecting our Newport (SPON) intends to file a Verified Petition for Writ of Mandate on August
23, 2024, challenging the City of Newport Beach's certification of an Environmental Impact Report
for, and its related approval of, the 6th Cycle Housing Element Implementation Program. These
decisions are reflected in Resolution Nos. 2024-50, 2025-51, 2025-52, 2024-53, and 2024-58, and
Ordinance Nos. 2024-16 and 2024-17. A conformed copy of the Verified Petition for Writ of
Mandate will be served under separate cover.
Should you have any questions, please feel free to call or write.
Sincerely,
KELLER/ANDERLE LLP
Jennifer L. Keller
Keller/Anderle LLP 1 18300 Von Karman Ave., Suite 930 1 Irvine, CA 92612-1057
949.476.8700 1 Fax 949.476.0900 1 www.kelleranderle.com
17-173
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 7:58:07 AM
From: Grace Hobbs <graceee123@yahoo.com>
Sent: September 20, 2024 9:17 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Grace Hobbs
EMAIL ADDRESS: graceee123(cbyahoo.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
I insist on our right to vote on this subject. We want to preserve our community for future
generations. The city's housing plan is completely obsurd.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 8:00:17 AM
From: Melissa Mcleod <melissalmcleod@yahoo.com>
Sent: September 21, 2024 7:57 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Melissa Mcleod
EMAIL ADDRESS: melissalmcleod0byahoo.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
The idea of building More housing units is completely ludicrous H The council who
proposed this idea is going against the best interests of people who live in our city!!
Our quality of life would suffer tremendously .
We need to protect our recreation zones H
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 8:00:31 AM
From: Robert Carley <robertcarley@me.com>
Sent: September 21, 2024 9:03 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Robert Carley
EMAIL ADDRESS: robertcarleyCcbme.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
My parents began living in CDM/Newport Beach in 1971. My wife and I have lived here
the past 10 years. Traffic and congestion have grown every year and are now at
"congested" levels on a regular basis. Check out density in the land around John WAyne
airport. Enough is enough! Don't turn beautiful Newport Beach into LA or NYC!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 8:00:52 AM
From: Charles Massingill <notimecharlie@gmail.com>
Sent: September 21, 2024 12:41 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Charles Massingill
EMAIL ADDRESS: notimecharlieCc-ogmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 8:05:25 AM
From: Lyle Brakob <Imbrakob@cox.net>
Sent: September 21, 2024 1:58 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Lyle Brakob
EMAIL ADDRESS: LmbrakobCc)cox.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
The city council needs to level with the Citizens of Newport Beach -why are they not
complying -what does the city attorney advise....
This is a no brainer!
We need answers at this meeting -and compliance with the city charter!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 8:07:05 AM
From: randy hause <randyhausejr@gmail.com>
Sent: September 22, 2024 5:53 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: randy hause
EMAIL ADDRESS: randyhausejrCa)gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
We demand our right to vote. Stop this nonsense
Randy Hause & Family (11 members)
Residents since 1964
Received after Agenda Printed
September 24, 2024
Item No. 17
From:
Biddle, Jennifer
To:
City Clerk"s Office
Subject:
FW: Greenlight vote
Date:
September 23, 2024 8:08:01 AM
From: Susan Skinner <susanskinner949@gmail.com>
Sent: September 22, 2024 9:02 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>; updates@ newportcares.org
Subject: Greenlight vote
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safe. Report phish using the Phish Alert Button above.
I am disappointed but not surprised that the Newport Beach City Council is seeking to
evade a Greenlight vote on the RHNA numbers and would encourage you to follow the
rules of the City Charter all the time rather than just when it suits you.
You will by now have (hopefully) read the letter from the SPON attorney debunking your
Logic for seeking to bypass a vote and recognize that the legal challenge initiated by
SPON is likely to end up requiring a vote. I suspect that most residents will approve
additional housing units that roughly match the RHNA mandate but will not approve the
excessive number of units currently being proposed when the issue does eventually
come to a vote.
Please put the General Plan to a Greenlight vote as required by law.
Thankyou,
Susan Skinner
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 9:29:04 AM
From: Ghassem Azadian <gazadian@Gmail.com>
Sent: September 23, 2024 9:27 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Ghassem Azadian
EMAIL ADDRESS: gazadian(a)Gmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:04:28 AM
From: Debbie Watt Drummond <drummondevents@aol.com>
Sent: September 23, 2024 9:44 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Debbie Watt Drummond
EMAIL ADDRESS: drummondeventsCc-oaol.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
This in from Marshall Duffield ... Newport's "fair share" mandate is zoning for 4,845 new
units. But the city zoned for 8,174 new units — 68% more than required — then denied
your right to vote as required by the city charter
You people are being too obvious! If a vote of the people isn't provided, you are making
an illegal move to improve your own pocket books! Why would you force double the
housing mandate and include a surf wave pool? Will O'Neal, has made televised
statements that in Newport, we're armed, so why would you bring more housing, to bring
in the trouble, and need for us to feel as though we should be armed? Leave the golf
course alone you fake conservatives! Please, for the sake of our children's futures,
ALLOW CITIZENS TO VOTE AND STOP OVER BUILDING!!!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:17:26 AM
From: Kathy Ursini <kathyursini@gmail.com>
Sent: September 23, 2024 10:05 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Kathy Ursini
EMAIL ADDRESS: kathyursiniCc-ogmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
The City Council of Newport Beach did an excellent job and gave citizens numerous
occasions to voice their opinions, give their input and get involved with the housing plan.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:17:57 AM
From: Robert Baeyens <bob@baeyens.org>
Sent: September 23, 2024 9:53 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Robert Baeyens
EMAIL ADDRESS: bobCcbbaeyens.org
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
I'm always in favor of the citizens having the right to vote above the officials power to
make city ordinances and laws without final approval of the citizens. .
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:18:31 AM
From: Monica Cohen <mcohenis@cox.net>
Sent: September 23, 2024 10:06 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Monica Cohen
EMAIL ADDRESS: mcohenis(a)cox.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
I am a longtime Newport resident. I have lived here for the past 25+ years raising my
family here and calling Newport Beach home. I fear the influx of more housing will only
create an influx of too many people for an area that is already at its max. The charm of
our city is one of the things I love so much about it. let's keep our housing numbers on a
slow and steady rise with state requirements. No need to overrun our streets, schools
and facilities with too many people.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:18:59 AM
From: Anthony Meola <atm24@mac.com>
Sent: September 23, 2024 10:12 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Anthony Meola
EMAIL ADDRESS: atm24(�bmac.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
I am against going beyond the required minimum.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:19:16 AM
From: Sharon StClair <sstclairdesigns@gmail.com>
Sent: September 23, 2024 10:18 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Sharon StClair
EMAIL ADDRESS: sstclairdesignsCa)gmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:41:07 AM
From: Brad Schroth <bschroth@prescompanies.com>
Sent: September 23, 2024 10:33 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Brad Schroth
EMAIL ADDRESS: bschrothCcprescompanies.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:41:21 AM
From: Darlene Hyans <darlene.hyans@gmail.com>
Sent: September 23, 2024 10:26 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Darlene Hyans
EMAIL ADDRESS: darlene.hyans(cOgmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
I demand my right to vote on this housing plan. 68% larger than the state requirement!
No way!!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:52:39 AM
From: Julie Wilson <wilsonbay@mac.com>
Sent: September 23, 2024 10:38 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Julie Wilson
EMAIL ADDRESS: wilsonbayCc-omac.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
Please, let our voices be heard at the ballot box.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 10:54:55 AM
From: Steven West <stevengwest@road run ner.com>
Sent: September 23, 2024 10:54 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Steven West
EMAIL ADDRESS: stevengwest(cOroad run ner.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
Everyone has a voice. 27 year resident. No more apartments.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 11:11:48 AM
From: Allen Yourman <ayourman@gmail.com>
Sent: September 23, 2024 11:07 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Allen Yourman
EMAIL ADDRESS: ayourman(a)gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
We recommend that the CNB comply with the minimum number of new dwellings
outlined by state regulations. We do NOT want to exceed the minimum number of new
dwellings. It is our opinion that this issue should be submitted to the voters and not
decided solely by the city council.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 11:24:35 AM
From: Mayumi Shirai <shirai@magicbell.tv>
Sent: September 23, 2024 11:24 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Mayumi Shirai
EMAIL ADDRESS: shiraiCcbmagicbell.ty
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Leobardo Cano
To: O"Neill. William; Stapleton, Joe; Avery, Brad; Weigand, Erik; Grant, Robyn; Blom, Noah; Kleiman, Lauren; Har
Aaron; City Clerk"s Office
Cc: Jennifer Keller; Shaun Hotino; Benjamin R. Barron
Subject: Keller/Anderle LLP - Builder"s Remedy
Date: September 20, 2024 5:45:21 PM
Attachments: 2024-09-20 Letter to Newport Beach City Council.pdf
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Dear Mayor O'Neill and City Council Members,
Please find the attached correspondence from Jennifer L. Keller.
Please let me know if you have any issues accessing the document.
Thank you.
Leo Cano
Paralegal
Keller/Anderle LLP
®❑
18300 Von Karman Ave., Suite 930 1 Irvine, California 92612-1057
949.476.8700 1 Fax 949.476.0900
LCano(a)kelleranderle.com I www.kelleranderle.com
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential
information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are
hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY
PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail at infoCalkelleranderle.com or by telephone at
949.476.8700 and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.
Received after Agenda Printed
September 24, 2024
Item No. 17
Keller/AnderleLLP
BUSINESS TRIAL LAWYERS
September 20, 2024
Via E-Mail and Certified Mail
Newport Beach City Council
Attention: Mayor O'Neill and City Council Members
100 Civic Center Drive
Newport Beach, CA 92660
Re: Correcting City's Misleading Position on the Risk of Builder's Remedy
Dear Mayor O'Neill and City Council Members:
We write on behalf of Still Protecting Our Newport ("SPON") to dispel the false narrative
that the Builder's Remedy will wreak havoc in Newport Beach unless a Housing Element
Implementation Program is adopted by February 2025. That false narrative was peddled by a small
group to justify the City's unlawful decision to amend the Land Use Element of its General Plan
without voter approval. SPON has sued to address this unlawful conduct and is virtually certain
to prevail. Still Protecting Our Newport v. City of Newport Beach, Orange County Superior Court
Case No. 30-2024-01417895.
The Builder's Remedy is a provision of California's Housing Accountability Act (the
"HAA"). Broadly stated, the Builder's Remedy was designed to prevent jurisdictions without
substantially compliant Housing Elements from disapproving or imposing onerous approval
conditions on affordable housing projects.' Fearmongering over the Builder's Remedy often
involves claims that this remedy "strips" a local government of control over housing
developments. That is far from reality. The Builder's Remedy only applies to a narrow set of
projects in limited circumstances.2 And even when the Builder's Remedy is invoked, the City
could still disapprove the project on multiple grounds, including in situations involving significant
adverse impacts to public health, safety, or the environment.
In short, the Councilmembers promoting this narrative are wrong.
' See Gov. Code § 65589.5(d).
2 In fact, the Builder's Remedy statute, section 65589.5(d) of the Government Code, has been
around since 1990. Local governments have maintained remarkable control over local
development patterns for that entire time. And while it is true the statute has been modified in
recent years to better match recent State housing laws and objectives, the fact remains that
Builder's Remedy projects are the exception, not the rule.
Keller/Anderle LLP 1 18300 Von Karman Ave., Suite 930 1 Irvine, CA 92612-1057
949.476.8700 1 Fax 949.476.0900 1 www.kelleranderle.com
September 20, 2024
Page 2
The Builder's Remedy Is Limited
Received after Agenda Printed
September 24, 2024
Item No. 17
The Builder's Remedy is only available for a housing project for "very low, low-, or
moderate -income households."3 The HAA defines housing for "very low, low-, or moderate -
income households" to include just two types of housing projects: (a) projects where at least
twenty percent (20%) of the total units will be sold or rented to lower income households, or
(b) projects where all (100%) of the units are sold or rented to moderate or middle income
households.4
Although the development of affordable housing is essential, the reality is that only a small
percentage of proposed projects in Newport Beach would fall within the scope of the Builder's
Remedy. Most of Newport Beach is already developed and any land available for development or
redevelopment is expensive. This makes it extremely challenging for a developer to design a
profitable project with a sufficient amount of qualifying housing to trigger the Builder's Remedy.5
Developers will not suddenly be breaking down the City's door to build more projects under the
Builder's Remedy.
The Builder's Remedy Has a Short Shelf Life
Recent statements by the City give the impression that once the Builder's Remedy is
triggered, it remains available indefinitely. That is incorrect. The Builder's Remedy is only
available during the period in which the local jurisdiction fails to bring its Housing Element into
substantial compliance with State Housing Element laws.6
As the City knows, in October 2022, the California Department of Housing and
Community Development certified the City's Housing Element as compliant with State Housing
Element Law. The City has nevertheless taken the position that a failure to implement that Housing
Element—i.e., by adopting the Housing Implementation Program —before February 2025 would
bring the City out of substantial compliance. The City has yet to cite any legal authority for that
position. But, even if it were true, that noncompliance could be suspended by a State agency or
court of law, as was recently done in Huntington Beach.
Separately, any substantial noncompliance could also swiftly be corrected by the City
following a vote that complies with Section 423. For example, if City voters adopted a compliant
Housing Implementation Program in April 2025, the Builder's Remedy would only be available
for two months. It is hard to imagine a flood of new Builder's Remedy applications would be
submitted and deemed complete in that short window of time —especially after considering the
other significant constraints described in this letter. But, more importantly, even when applications
3 Gov. Code § 65589.5(d).
4 Gov. Code § 65589.5(h)(3).
5 Indeed, the City's recent attempts to increase development impact fees already discourage the
development of affordable housing.
6 Gov. Code § 65589.5(d).
Keller/Anderle LLP 1 18300 Von Karman Ave., Suite 930 1 Irvine, CA 92612-1057
949.476.8700 1 Fax 949.476.0900 1 www.kelleranderle.com
September 20, 2024
Page 3
Received after Agenda Printed
September 24, 2024
Item No. 17
are submitted, the Builder's Remedy only attaches once the application is "complete," which often
takes many months after the initial submission date.7
Local Jurisdictions Retain Broad Discretion To Deny or Condition Approvals
Even if (1) the Builder's Remedy became available (it currently is not) and (2) that
affordable housing projects in Newport Beach suddenly became economically feasible (they are
not) and (3) that any Builder's Remedy applications could be completed before the City were to
correct its noncompliance (they would not be), the City would still have ample authority to deny
or impose appropriate conditions on these projects. Under the HAA, even local jurisdictions that
are out of substantial compliance with State housing laws do not forfeit their general land use
powers. Specifically, such jurisdictions may deny a project on any one of the following grounds:
a) The project would have a specific, adverse impact upon the public health or safety,
and there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to low-income
households;8
b) The project violates a specific state or federal law, and "there is no feasible method"
to comply without rendering the development unaffordable to low-income
households 9; or,
c) The project is proposed on land zoned for agriculture or resource preservation that
is surrounded on at least two sides by land being used for agricultural or resource
preservation purposes, or lacks adequate water service.10
These provisions —particularly clause (a) above —allow local jurisdictions to retain
considerable authority over Builder's Remedy projects. A local jurisdiction could, for example,
reject a Builder's Remedy project because of inadequate local utility services, or because of
adverse impacts to existing nearby uses, or because of fire safety risks, or even due to emergency
access concerns. Any argument that the Builder's Remedy renders local jurisdictions powerless
to exercise their considerable land use authority is simply incorrect.
Builder's Remedy Projects Must Still Comply with Local Processes and Standards
The HAA also affords local agencies considerable discretion in terms of the procedures
they use to process applications for Builder's Remedy projects. For example, a local government
7 Gov. Code §§ 65589.5(d)(5), 65943. By way of example, Santa Monica has taken an average
of 129 days to deem Builder's Remedy applications complete.
8 Gov. Code § 65589.5(d)(2). SB 167 (2017) intended to narrow this ground for denial by requiring
jurisdictions to show by a preponderance of evidence that the project would violate a specific
health or safety standard. (Gov. Code § 65589.50).)
9 Gov. Code § 65589.5(d)(3).
io Gov. Code § 65589.5(d)(4).
Keller/Anderle LLP 1 18300 Von Karman Ave., Suite 930 1 Irvine, CA 92612-1057
949.476.8700 1 Fax 949.476.0900 1 www.kelleranderle.com
September 20, 2024
Page 4
Received after Agenda Printed
September 24, 2024
Item No. 17
may still require that a project undergo a process for design/architectural review, obtain use
permits, or seek other planning approvals.
In addition to this flexible procedure, the HAA expressly authorizes jurisdictions to require
that Builder's Remedy projects comply with objective written development standards, conditions,
and policies that are appropriate to, and consistent with, meeting the jurisdiction's assessed
housing needs." In other words, jurisdictions can still require compliance with objective
standards, for building design, parking, open space, and many other topics. This ensures a local
jurisdiction is not forced to approve plainly incompatible projects, while also creating
opportunities for constructive discussions between local jurisdictions and developers to ensure
every project meets the needs of the entire community.
Builder's Remedy Projects Must Comply with Myriad Other State Laws
All projects —including Builder's Remedy projects —remain subject to other State and
local laws. For example, Builder's Remedy projects must still comply with the California
Environmental Quality Act ("CEQA").12 As the City knows, CEQA requires a rigorous
environmental review process that affords both the City and local community ample opportunities
to consider a project's potential impacts and require appropriate mitigation. Nothing under the
HAA requires that a local jurisdiction approve a project with significant environmental impacts
and the City would be well within its discretion to deny a Builder's Remedy project on that basis.13
Builder's Remedy projects also remain subject to various other California laws, including
the Health and Safety Code, the Fire Code, and the California Coastal Act.14 Each of these laws
presents another hurdle that any Builder's Remedy project must clear before construction begins.
Conclusion
Since its enactment more than 30 years ago, the Builder's Remedy has caused far more
handwringing from local policymakers than actual housing development. There was precisely one
Builder's Remedy application during the law's first decades of existence, and even that application
was denied because of its adverse impact on public health and safety. 1I
11 Gov. Code § 65589.5(f)(1), (h)(8).
12 The HAA specifically states that nothing relieves a local agency from making the required
CEQA findings (if applicable) and otherwise complying with CEQA. (Gov. Code § 65589.5(e).)
13 See Pub. Resources Code §§ 21102, 21081.
14 See, e.g., New Commune DTLA LLC vs. City of Redondo Beach et al. (Feb. 8, 2024) Los Angeles
County Superior Court Case No. 23STCP00426.
15 See When Super -Statutes Collide: CEQA, the Housing Accountability Act, and Tectonic Change
in Land Use Law, Ecology Law Quarterly, UC Berkeley, 2022, available at:
hLtps://www.ecologylawquarterly.org/)yp-contepL/uploads/
2023/06/49.3_ElmendorfDuncheon IntemetReady_pdf/.
Keller/Anderle LLP 1 18300 Von Karman Ave., Suite 930 1 Irvine, CA 92612-1057
949.476.8700 1 Fax 949.476.0900 1 www.kelleranderle.com
September 20, 2024
Page 5
Received after Agenda Printed
September 24, 2024
Item No. 17
As explained in this letter, the City's stated concerns about the Builder's Remedy are
overblown and rest on false assumptions. The fearmongering is counterproductive. SPON urges
the City Council to comply with the City Charter and respect the right of the community to vote
on major amendments to the General Plan. The City can easily take corrective action that will
avoid the need for further litigation.
Please feel free to contact me should you have any questions.
Sincerely,
KELLER/ANDERLE LLP
Jennifer L. Keller
cc: Office of the City Clerk (cityclerkknewportbeachca.gov)
Aaron C. Harp, Esq., Newport Beach City Attorney
Keller/Anderle LLP 1 18300 Von Karman Ave., Suite 930 1 Irvine, CA 92612-1057
949.476.8700 1 Fax 949.476.0900 1 www.kelleranderle.com
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: Meeting agenda for tomorrow 4:00 mtg
Date: September 23, 2024 12:48:58 PM
From: Jennifer I <winifreex@gmail.com>
Sent: September 23, 2024 11:44 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: Meeting agenda for tomorrow 4:00 mtg
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safe. Report phish using the Phish Alert Button above.
Hi
Mr. Duffy has informed me about his concerns regarding the master plan review and
issues with the public being able to vote on these matters as per the city charter.
Can you please send me the details about this issue? What the city council plans to do?
And why the council would not want to comply with its charter.
I want to hear both sides prior to the meeting tomorrow
Thankyou
Jennifer Newport Heights Homeowner
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 12:51:31 PM
From: Heather Fitchner <Heather.fitch ner@gmail.com>
Sent: September 23, 2024 12:02 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Heather Fitchner
EMAILADDRESS: Heather.fitch ner(a)gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
Anything that is done to our city that affects its residents should be put to a vote, it's as
simple as that. This definitely should be voted on, nothing should be approved
unilaterally by our city council especially housing and traffic concerns that go hand in
hand.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 12:56:36 PM
From: Joe Gray <joegray44@gmail.com>
Sent: September 23, 2024 12:33 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Joe Gray
EMAIL ADDRESS: ioegray44C�gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
Newport Beach is already too crowded with current residents and visitors
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 1:19:27 PM
From: Lynn Friedman <haus2ful@earth1ink.net>
Sent: September 23, 2024 1:16 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Lynn Friedman
EMAIL ADDRESS: haus2fulCa)earthlink.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
Dear City Council members,
The residents of Newport Beach have been clear in their desire to always have a voice in
what decisions are made that affect the quality of life in our community.
The decision of how many homes are to be built in our city is one that affects all of us in
many ways.
This is NOT for the city council to decide alone -
The people need to vote on this huge decision.
This is exactly why we have a charter in place.
Received after Agenda Printed
September 24, 2024
Item No. 17
Do not abuse the charter.
Thankyou.
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: DDe t - City Clerk
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 3:21:33 PM
From: Hugh Joseph Cornyn <hjcornyn@icloud.com>
Sent: September 23, 2024 3:02 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Hugh Joseph Cornyn
EMAIL ADDRESS: hjcornyn(cOicloud.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
We should be ALLOWED/ENCOURAGED TO
VOTE!! NOT ALONE to be relegated to OFFER OPINION!
I align myself with Duffy & "NEWPORT CARES "
I understand you are operating/decisions on
utilize LOOP HOLES.
YOU will be REMEMBERED come NEXT
ELECTION! Sincerely, Hugh Cornyn
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 3:20:49 PM
From: neil treffers <ntreffers@ptats.com>
Sent: September 23, 2024 2:51 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: neiltreffers
EMAIL ADDRESS: ntreffers(ii)ptats.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
i support newport cares initiative and would like myvoice/vote counted!!
Received after Agenda Printed
September 24, 2024
Item No. 17
From: Biddle, Jennifer
To: City Clerk"s Office
Subject: FW: September 24th City Council Meeting
Date: September 23, 2024 3:21:17 PM
From: Robert Meadows <rmeadows@morrow-meadows.com>
Sent: September 23, 2024 2:58 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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safe. Report phish using the Phish Alert Button above.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Robert Meadows
EMAIL ADDRESS: rmeadows(a-)morrow-meadows.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city
record.
ADDITIONAL COMMENTS:
I support this initiative and would like my vote to be heard by the city of Newport beach."
Thank You
From: City Clerk's Office
Sent: September 24, 2024 8:24 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <JBiddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 8:24:20 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Linda Yardumian <lindayardo@icloud.com>
Sent: September 23, 2024 6:30 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
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Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Linda Yardumian
EMAIL ADDRESS: lindayardo icloud.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I am AGAINST the proposed city housing plan Do Not approve
From: City Clerk's Office
Sent: September 24, 2024 7:57 AM
To: Mulvey, Jennifer
Subject: FW: Housing Element
From: Biddle, Jennifer <JBiddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 7:57:28 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office
Subject: FW: Housing Element
-----Original Message -----
From: Walter Stahr <wbstahr@yahoo.com>
Sent: September 24, 2024 7:25 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: Housing Element
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content is safe. Report phish using the Phish Alert Button above.
Dear Mayor O'Neill and Council Members,
I am writing to urge you to vote NO on the housing element. As you know, you have not given the voters
of the city the chance that they are guaranteed by the city charter to vote on such a major zoning
change. The SPON lawsuit laws out in chapter and verse why such a vote is required. You have not
complied with the requirement for the environmental impact statement. Again, see the SPON lawsuit.
And you have proposed a plan that goes far far beyond what the state has required.
Walter Stahr
From: City Clerk's Office
Sent: September 24, 2024 7:57 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 7:57:14 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Linda Levshin <Lnda@icla.com>
Sent: September 24, 2024 6:53 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Linda Levshin
EMAIL ADDRESS: Linda@icla.com
COMMENTS:
ADDITIONAL COMMENTS:
Section 423 prohibits the City Council from amending the City's General Plan to authorize
major development
projects without first obtaining approval from local residents. Section 423
mandates local residents approve any amendment to the City's General Plan that
authorizes the
development of more than 100 dwelling units.
The City Council MAY NOT authorize the development of more than 100 units without a
vote of the citizens. Section 423 is not preempted by housing mandates that have been
adopted by the State Legislature. VOTER APPROVAL IS REQUIRED AND THE CITY COUNCIL
MUST FOLLOW THE LAW!!
From: City Clerk's Office
Sent: September 24, 2024 7:56 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 7:56:09 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: gary cruz <gdcruz1949@outlook.com>
Sent: September 23, 2024 8:20 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: gary cruz
EMAIL ADDRESS: gdcruz1949@outlook.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
From: City Clerk's Office
Sent: September 24, 2024 7:56 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 7:55:55 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: stephanie faul <stephaniefaul@me.com>
Sent: September 23, 2024 8:19 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: stephanie fain
EMAIL ADDRESS: stephaniefaul@me.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Dear Newport Beach City Council,
We do not have all the information on this subject, and unfortunately have prior
engagements September 24... however we are certainly AGAINST adding a plan 68% larger
than the state's requirement to increase the housing plan.
Very much in favor of PROTECING our small community, not enlarging it at this time ... and
certainlyvery interested in how we may increase the safety and security of our existing
residents as our #1 priority over all issues.
With increased crime from home robberies to carjackings and murder ... love to put all our
resources towards safety and security of our existing residents.
With regret for not being there in person ... and available to make the next meeting with
notice... appreciate your attention on this matter.
thank you,
stephanie + john faul
500 30th street
newport beach, ca 92663
From: City Clerk's Office
Sent: September 24, 2024 7:56 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 7:55:32 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: James McCulloch <himimccull@hotmail.com>
Sent: September 23, 2024 8:14 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: James McCulloch
EMAIL ADDRESS: himimccull@hotmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
The council is not allowing the voters to decide future housing policies. Give the decision
back to the people.
From: City Clerk's Office
Sent: September 24, 2024 7:55 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 7:55:20 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Tyler Cornwell <tylercornwell@hotmail.com>
Sent: September 23, 2024 7:07 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Tyler Cornwell
EMAIL ADDRESS: tylercornwell@hotmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I believe all homeowners in Newport Beach should have the right to vote on all
development projects as it affects home prices.
From: City Clerk's Office
Sent: September 24, 2024 7:55 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 7:55:08 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Matt Nestlerode <nestlerode.matt@gmail.com>
Sent: September 23, 2024 6:58 PM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Matt Nestlerode
EMAILADDRESS: nestlerode.matt@gmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
I support this initiative and would like my vote to be heard by the city of Newport beach.
From: City Clerk's Office
Sent: September 23, 2024 5:59 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Monday, September 23, 2024 5:58:34 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Rod Douglass <rmdouglass@earthlink. net>
Sent: September 23, 2024 3:35 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Rod Douglass
EMAIL ADDRESS: rmdouglass@earthlink. net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Myfamily has owned real estate in Newport Beach for nearly 100 years. I cannot imagine
how the City Council could justify allowing this issue to bypass the voters. Smacks of
socialism!
From: City Clerk's Office
Sent: September 23, 2024 5:43 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Monday, September 23, 2024 5:42:30 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Suzy Briggs <tsb55@earthlink.net>
Sent: September 23, 2024 5:37 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Suzy Briggs
EMAIL ADDRESS: tsb55@earthlink.net
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
The citizens of Newport Beach have the RIGHT to vote on this!!!
From: City Clerk's Office
Sent: September 23, 2024 5:42 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Monday, September 23, 2024 5:42:03 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Linda Doppes <linda.doppes@gmail.com>
Sent: September 23, 2024 5:09 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.org...
RE: September 24th City Council Meeting
NAME: Linda Doppes
EMAIL ADDRESS: linda.doppes@gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
We as homeowners need to vote on these critical issues to protect our investments. The
requirements of the city charter need to be upheld.
From: City Clerk's Office
Sent: September 23, 2024 5:41 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Monday, September 23, 2024 5:41:24 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
From: Marilee Schneider <marileeschl@gmail.com>
Sent: September 23, 2024 4:14 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Marilee Schneider
EMAIL ADDRESS: marileeschl @gmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote., I can not attend the meeting. Please include my email comment in
the official city record.
ADDITIONAL COMMENTS:
Why all of a sudden are the citizens of Newport Beach not allowed to vote? Haven't we
always had that right ? Please let us know why not. It doesn't sound good not letting of vote
without an explanation. If you are not going to give a reason, then we will assume the
reason is not a good one. If so , then we vote to allow citizens that right.
Marilee and Doug Schneider
From: Biddle, Jennifer
To: DDe t - City Clerk
Subject: FW: September 24th City Council Meeting
Date: September 17, 2024 2:18:19 PM
From: Jo Carol Hunter <jocarol@ix.netcom.com>
Sent: September 17, 2024 11:56 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Jo Carol Hunter
EMAIL ADDRESS: iocaroWa)ix.netcom.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Your dismissal of NB residents being allowed to vote to protest unapproved growth is unlawful.
From: Biddle, Jennifer
To: DDe t - City Clerk
Subject: FW: September 24th City Council Meeting
Date: September 19, 2024 8:41:29 AM
From: Jim Auster <jimauster@hotmail.com>
Sent: September 19, 2024 8:21 AM
To: Dept - City Council <CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Jim Auster
EMAIL ADDRESS: iimausterCc�hotmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote., I can not attend the meeting. Please include my email comment in the
official city record.
ADDITIONAL COMMENTS:
there seems to be an environmental problem at city hall that stinks of corruption and financial
self interest
From: City Clerk's Office
Sent: September 24, 2024 12:00 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <JBiddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 11:59:43 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Carolyn Ross <carolvnross@me.com>
Sent: September 24, 2024 11:51 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Carolyn Ross
EMAIL ADDRESS: carolynross@me.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I vote for the fewest number possible of homes to be built to meet the law. My preference
is no more to be built unless it is absolutely necessary.
From: City Clerk's Office
Sent: September 24, 2024 10:20 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <JBiddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 10:19:38 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: David Kilpatrick <david.b.kilpatrick@gmail.com>
Sent: September 24, 2024 10:07 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: David Kilpatrick
EMAIL ADDRESS: david.b.kilpatrick gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I want the voters of Newport Beach to vote on this matter
From: City Clerk's Office
Sent: September 24, 2024 10:09 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 10:09:07 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Jennifer Irani <winifreex@gmail.com>
Sent: September 24, 2024 9:30 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Jennifer Irani
EMAIL ADDRESS: winifreex@gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I want to express my concerns about whst the current city council is proposing. I
encourage the council to put this to a public vote and meet the requirements of our
charter.
This is a complex issue with alot stake. It should be transparent and follow our charter.
From: City Clerk's Office
Sent: September 24, 2024 9:38 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 9:38:05 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Debra Harker <ocdebster@gmail.com>
Sent: September 23, 2024 2:09 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Debra Harker
EMAIL ADDRESS: ocdebster@gmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote., I can not attend the meeting. Please include my email comment in
the official city record.
ADDITIONAL COMMENTS:
Our city Charter requires a vote, please keep it that way. We do not need more housing
development, keep the golf course a golf course and surf in our ocean!
From: City Clerk's Office
Sent: September 24, 2024 9:33 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 9:33:22 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Christy Akin <Christy.akin@yahoo.com>
Sent: September 23, 2024 1:55 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Christy Akin
EMAIL ADDRESS: Christy.akin@yahoo.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Citizens NEED/MUST vote on this housing issue.... more units increases traffic, pressure on
all city services.
From: City Clerk's Office
Sent: September 24, 2024 9:07 AM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 9:06:41 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Mary Roosevelt <mwroosev@uci.edu>
Sent: September 24, 2024 8:05 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Mary Roosevelt
EMAIL ADDRESS: mwroosev@uci.edu
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
I am shocked that the City Council would ignore the City Charter.
The Council is obligated to follow the voting process for decisions like this, to honor the
choice of the citizens of Newport Beach, and not the will of the elected officials.
Thankyou.
From: City Clerk's Office
Sent: September 24, 2024 12:47 PM
To: Mulvey, Jennifer
Subject: FW: vote on housing
From: Biddle, Jennifer <JBiddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 12:47:27 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office
Subject: FW: vote on housing
-----Original Message -----
From: Jim Auster <iimauster@gmail.com>
Sent: September 24, 2024 12:27 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: vote on housing
[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.
Newport Beach City Council
If you vote tonight for no public vote on massive increase in housing, population, water use, school
overload, traffic, public services, loss of open space, loss of golf course, setting precedent for housing
development on all public and private golf courses etc etc you will not be reelected.
Jim Auster
20401 Bayview Ave
From: City Clerk's Office
Sent: September 24, 2024 4:02 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 4:02:00 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Monique Breen <moniquebreen@aol.com>
Sent: September 24, 2024 3:43 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Monique Breen
EMAIL ADDRESS: moniquebreen(a)aol.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Please do not over build in Newport Beach. Our infrastructure cannot withstand more
housing. If you pass this we know who you members are and we will vote all of you out. WE
DO NOT WANT SECTION 8 OR MORE HOUSING which would increase crime and more
homelessness. PLEASE DO NOT ALLOW THIS TO HAPE. TO OUR CITY
From: City Clerk's Office
Sent: September 24, 2024 3:54 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 3:53:50 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Sandy Rettig <sandyrettig@gmail.com>
Sent: September 24, 2024 1:38 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Sandy Rettig
EMAIL ADDRESS: sandyrettig@gmail.com
COMMENTS:
I will attend the September 24th council meeting to voice my opinion on your decision to
cancel our right to vote.
ADDITIONAL COMMENTS:
From: City Clerk's Office
Sent: September 24, 2024 1:13 PM
To: Mulvey, Jennifer
Subject: FW: September 24th City Council Meeting
From: Biddle, Jennifer <]Biddle@newportbeachca.gov>
Sent: Tuesday, September 24, 2024 1:12:31 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: September 24th City Council Meeting
From: Jim Auster <jimauster@gmail.com>
Sent: September 24, 2024 1:12 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: RE: September 24th City Council Meeting
[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.
Dear Mayor & City Councilmembers -
The following member of the Newport Beach community submitted the following via
NewportCares.or ...
RE: September 24th City Council Meeting
NAME: Jim Auster
EMAIL ADDRESS: jimauster@gmail.com
COMMENTS:
I can not attend the meeting. Please include my email comment in the official city record.
ADDITIONAL COMMENTS:
Newport Beach City Council
If you vote tonight for no public vote on massive increase in housing, population, water
use, school overload, traffic, public services, loss of open space, loss of golf course,
setting precedent for housing development on all public and private golf courses etc etc
you will not be reelected. Element housing is ridiculous and will nit lower housing cost but
will have very high impacts on quality of life, why are you doubling the number of units that
is required?
Jim Auster
20401 Bayview Ave