HomeMy WebLinkAbout01 - Minutes - AmendedSeptember 27, 2022
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
September 13, 2022
I. ROLL CALL — 4:05 p.m.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Fractional Home Ownership Update 6
Community Development Director Jurjis and Consultant David Blumenthal utilized a
presentation to discuss the findings of the 22 cities surveyed, map of the 11 known fractional
home ownership locations in the City, and case studies f m St. Helena, Palm Springs, and Park
City, Utah.
Carmen Rawson sought information regarding timeshares" in the City, cited chapters in the
Newport Beach Municipal Code (NBMC) relative to timeshares, areas where timeshares are
permitted, listed three fractional ownership companies breaking the NBMC, and defined
timeshares and types of timeshares. In' response to Council Member O'Neill's question,
Ms. Rawson referenced NBMC Chapters21.18 and 21.70.
Nancy Scarbrough noted sentiment shared among residents regarding fractional ownership
during recent community events, asked that Council consider the residents' dissatisfaction, and
direct City staff to further explore options to regulate or restrict fractional home ownership.
Bridget O'Connor opposed the fractional home ownership model.
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Gary Cruz asked Council to curb shared ownership in the City.
Denise Macias opposed fractional ownership.
Gabe Dima-Smith, Pacaso representative, clarified Pacaso's business model and indicated that
the owners are interested in enjoying second -home ownership for single-family residential use,
and that short-term rental is prohibited under the business model.
Lisa Mathias opposed the use of single-family dwellings in the R1 zone for shared property
development.
An unidentified speaker expressed opposition to fractional home ownership.
Denys Oberman expressed the opinion that entities acting as consolidators are using a short-
term lodging model, asked Council for clarity on characterizing fractional home ownership as
short-term lodging, and not allow them in residential zones and dense family -oriented
residential neighborhoods.
Roberta Schmidt referenced a Pacaso statement in the Orange County Register, noting a typical
rental time of one week, and shared her concerns for keeping a community feel, knowing your
neighbors, nearby fractional owners coming and going, community growth and stability.
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City of Newport Beach
City Council Meeting
September 13, 2022
jurisdictions have done and come back with recommendations, and suggested adopting a
moratorium in the meantime.
Council Member Avery noted that, even before Pacaso, the City was starting to lose local control
to the State, experienced more density and traffic, agreed with implementing a moratorium,
cautioned the potential cost to the City, supported looking at what other cities have done and
updating the NBMC-,-aid to mitigate the impacts.
In response to Council Member Brenner's questions, Community Development Director Jurjis
indicated that the City has not studied the State of Washington to confirm if they have banned
fractional home ownership.
City Attorney Harp noted that a cease and desist order would be based on current NBMC
provisions and confirmed that a moratorium places a hold on development and would be the
path to immediate action.
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Council Member Brenner expressed concerns for neighborhoods affected by short-term lodging,
the Regional Housing Needs Assessment (RHNA), residential care facilities, and homelessness,
and relayed the importance of finding a solution as soon as possibl*0
Ir
Council Member Duffield expressed the opin& thatfurther study is needed to amend the
NBMC and supported considering a moratoriu
Mayor Muldoon summarized the direction to staff to explore a regulation timeshare plan with
the Planning Commission, conduct more studies on Sonoma and other communities, enact a
moratorium and prohibition in the R-1 zone, and to move with expediency.
In response to Council Member O'Neill's gifstion, City Attorney Harp detailed the standards
for a moratorium.
In response to Council Member Dixon's question, City Attorney Harp clarified that the City
Council must initiate the code change first before going to the Planning Commission.
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Mayor Muldoon clarified that 1he moratorium would come to Council for a vote and the code
amendment first needs to be initiated by Council before going to the Planning Commission.
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III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Steven Gerard distributecCa flyer, invited the City to become a Personhood City and attend the Kirk
Cameron movie titled Lifemark, asked that this be placed on a future agenda, and sang a song.
Regarding Item 18 (Amending and Re -Adopting the 2021-2029 6th Cycle Housing Element), an
unidentified speaker from the Southwest Region of Carpenters expressed concern relative to the
environmental impacts of the Housing Element and an interest in having local and skilled workforce
requirements added into projects moving forward since he believed it would benefit the climate, boost
economic development, and mitigate transportation and greenhouse gases.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the item listed on the Closed Session agenda and read the title.
IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
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City of Newport Beach
City Council Meeting
September 13, 2022
Property: 1201 Dove Street, Newport Beach, California 92660 (APN 427-221-06).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: Parke Miller.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
V. RECESSED — 5:26 p.m.
VI. RECONVENED AT 5:45 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Cou cil Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Cou Member Duffy Duffield, Council
Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions werfieli.
IX. INVOCATION — Pastor Phil Eyskens, Lighthous osta Mesa Church of the Nazarene,
Costa Mesa
X. PLEDGE OF ALLEGIANCE — Council Member Brenner
XI. NOTICE TO THE PUBLIC
COMMITTEE ACTIVITIES
Council Member O'Neill: Im
• Announced the st o school, reminded drivers to observe the 25 mph zones, and asked parents to
talk to their childr n about e-bike safety
• Attended the 9/11 Ceremony conducted by the Newport Beach Elks Lodge
• Announced a bike fatality and fire at Promontory Point on Sunday and acknowledged public safety
Council Member Duffield:
• Attended the Water Quality/Coastal Tidelands Committee meeting and reported an "A' grade for
all bodies of water in the City
Council Member Dixon:
• Recognized volunteers over the summer and Labor Day weekend that assisted at Lido Isle Bridge
and Newport Island Bridge to discourage bridge jumping and provided lifeguard data
• Attended the Buck Gully loth Anniversary Celebration, swearing -in of new Newport Beach Police
Department officers, the annual luncheon to honor volunteers of the Project Adult Literacy
program, concert at Marina Park, and the 9/11 Ceremony conducted by the Newport Beach Elks
Lodge
Council Member Brenner:
• Met with Denis Labonge and Amber Snyder regarding the Fire Safety Council and home hardening
efforts
• Attended the General Plan Update p g�Steerin Committee meeting, Sherman Gardens
Annual Garden Party, League of California Cities Conference, two-day Source -to -Sea Water
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City of Newport Beach
City Council Meeting
September 13, 2022
Council Member Dixon expressed appreciation to staff, and in response to her inquiry, Community
Development Director Jurjis stated that, with the Housing Element complete, staff will focus on the
General Plan Update supported by the General Plan Steering Committee and Policy Advisory
Committee, the priority is to update the Land Use Element and complete the Environmental Impact
Report (EIR) in time for a March 2024 vote, which will be a Greenlight vote, and reported that the
remaining Elements will go at their own pace. He further noted the need for a stable project
description on the EIR and confirmed that the special election will be for the Land Use Element that
will incorporate the housing units.
Council Member Brenner complimented staff for their work on the Housing Element.
Mayor Muldoon opened the public hearing.
Jim Mosher noted that the document for approval contains many policies that are not written,
reviewed, or recommended by the public, but written by staff and the State, suggested Council
engage in the Greenlight issue, noted discrepancies in the Greenlight vote triggers and its
application, expressed concern for litigation that could jeopa e the Greenlight provision, and
recommended that staff and the City Council discuss the consequ s of a rejected RHNA mandate
by the vote of the people.
Suzanne ForresterForster, VP of Banning Ranch Conservancy, provide an update on the Banning
Ranch acquisition effort, pointed out confusing lane age in the Housing Element (Appendix B, page
91), noted that the State funding and grant restrictions do not include housing opportunity that
follows the land in perpetuity, and requested the language be updated to reflect Banning Ranch
land as an open space park and nature preserve in the City's General Plan, Land Use Element, and
Housing Element. & I
Dave Tanner provided a handout, requested that Banning Ranch be removed from the Housing
Element Update, suggested the entire Housing Element, General Plan Update, and the appropriate
NBMC updates be addressed by a single Environmental Impact Report (EIR) within the CEQA
document, the whole project be subjtct to a vote of the public pursuant to the City Charter, and after
reading the letter from HCD, asked for clarification on when the rezoning, use, and density will take
effect.
Hearing no furtrestimony, Mayor Muldoon closed the public hearing.
Motion by Mayor Pro Tem Blom, seconded by Council Member O'Neill, to a) find this action
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of
the CEQA Guidelines, because it has no potential to have a significant effect on the environment;
and b) adopt Resolution No. 2022-60, A Resolution of the City Council of the City of Newport Beach,
California, Amending and Re -Adopting the 6th Cycle Housing Element for the 2021-2029 Period as
General Plan Amendment No. GP2021-005 (PA2017-141).
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION — None
XX. ADJOURNMENT — Adjourned at 6:39 p.m. in memory of Queen Elizabeth II
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
September 8, 2022, at 4:00 p.m.
Leilani I. Brown, City Clerk
Kevin Muldoon, Mayor
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