HomeMy WebLinkAbout01 - MinutesMarch 28, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
March 14, 2023
I. ROLL CALL - 4:00 p.m.
Present: Mayor Noah Blom (arrived at 4:05 p.m.), Mayor Pro Tem Will O'Neill, Council Member Brad
Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member
Joe Stapleton, Council Member Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Proclamation Recognizing March as American Red Cross Month
Mayor Pro Tem O'Neill read the proclamation and presented it to American Red Cross Executive
Director Becky Firey and Orange County Chapter Board of Directors/Volunteer Larry
Fortmuller who thanked Council, commended those who make the American Red Cross possible
by helping others during crisis, and shared local volunteer �upport, blood collection, and
lifesaving statistics.
SS3. Recognition of Newport -Mesa Unified Schoo rict (NMUSD) Students
Mayor Blom read the proclamation arld presented it Newport Harbor High School student
Joyce De Quiros who thanked Mr. Valone for leading her to her passion for computer science,
her parents for their support, the City ncil for recognizing her accomplishment, and the
Mayor for inviting her to the meeAng.
Mayor Blom read the proclamation and presented it to Newport Harbor High School student
Ryan Honary who t'ked the district and his parents for their support.
Mayor Blom read the proclamation and presented it to Newport Harbor High School Boys' Water
Polo Coach Ross Sinclair and the water polo team who thanked Council for honoring the team
and acknowledged their accomplishments.
SS4. Groundwater Replenishment System Final Expansion Presentation
Utilities Director Vukojevic noted Council Member Avery's position on the Orange County
Sanitation District (OC San) Board of Directors and his request for this agenda item, and
introduced General Manager John Kennedy of the Orange County Water District and members
of the OC San and OC Water District. He utilized a presentation to show the groundwater cycle.
OC San General Manager Rob Thompson utilized a presentation to review the OC San service
area, wastewater collection system, sewer pipelines owned and maintained by OC San, flows to
the Groundwater Replenishment System (GWRS), its final expansion, and the ocean monitoring
program.
Orange County Water District Board Director Kelly Rowe utilized a presentation to review the
Orange County groundwater basin and local water supplies.
OC San Director Stephen Sheldon complimented Utilities Director Vukojevic, thanked Council
Member Avery for adding this item to the agenda, and utilized a presentation to discuss the
GWRS and its final expansion.
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Utilities Director Vukojevic utilized a presentation to show where Newport Beach receives its
drinking water.
Council Member Avery relayed his experience being on the OC San Board and their focus on
health and the environment, commended the dedicated OC San employees, engineering efforts,
and collaboration and efforts to bring the GWRS online. He expressed that the City is fortunate
to be working with OC San and thanked the speakers.
Mayor Pro Tem O'Neill thanked Council Member Avery for his service on the OC San Board and
asked Utilities Director Vukojevic for more information about Newport Beach having
100 percent wastewater recycling.
Mayor Blom shared his experience while touring the Utilities Yard, thanked the speakers for
attending, and encouraged the continued effort.
III. PUBLIC COMMENTS
Janice Celeste, President and CEO of Fentanylsolutions.org, utilized a presentation to relay their
mission, effects of fentanyl, demographics, nationwide statistics, board members, and community
impact. She noted that the organization is new, asked for Council to beep them in mind, and shared
business cards with Council. 1
Jim Mosher suggested that Council reconsider City Council Policy L-6 (Encroachments in Public Rights -
of -Way) to fix problems related to delegation of authority.
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 LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(4)): 1 matter
V. RECESSED — 4:41�
VI. RECONVENED AT 5:30 OR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that no reportable actions were taken.
IX. INVOCATION — Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic Church
X. PLEDGE OF ALLEGIANCE — Council Member Avery
XI. NOTICE TO THE PUBLIC
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XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Kleiman:
• Congratulated Council Member Stapleton on his engagement over the weekend
• Attended the Orange County Women in Leadership Summit with Council Member Grant, meetings
with commercial airline stakeholders and Fixed Base Operators (FBOs) at John Wayne Airport
(JWA), a meeting with Supervisors Don Wagner and Katrina Foley to discuss County partnership
and efforts related to homelessness, residential recovery facilities, and the airport
Council Member Stapleton:
• Attended a meeting with Mayor Blom and Council Member Weigand with Southern California
Edison (SCE), a Water Quality/Coastal Tidelands Committee meeting, the Corona del Mar Home
Tour, a tour of the Emergency Operations Center (EOC) at City Hall, the Newport Shores Annual
Homeowners Association meeting, a meeting with the Central Newport Beach Community
Association, and the Spirit Run with Mayor Blom and exten d congratulations to Diane Daruty
for her fundraising efforts
• Announced his engagement on March 10, 2023
Council Member Grant:
• Attended a Newport Aquatics Center (NAC) tour, Sped Up Newport State of the City presentation
with City Manager Leung, an Orange County Women in Leadership Summit, the Newport Beach
Police Department (NBPD) Mobile Cafe, and the Spirit Run where she started the dog mile, and
thanked Diane Daruty for championing the Spirit Run fundraiser for the Newport -Mesa Unified
School District (NMUSD) 11
Council Member Weigand: IF
• Announced the March 3, 2023, hillside incident that occurred at 1930 Galaxy Drive and thanked
staff for being onsite during the rainstorms to protect the community
16
Mayor Pro Tem O'Neill:
• Attended a policy delegation discussionacramento last week with the Association of California
Cities -Orange County (ACC-OC) BoW to advocate for Orange County cities, a Transportation
Corridor Agency (TCA) meeting, and an Eagle Scout badge ceremony for Will Carlson
• Announced being a panel speaker to talk about regional transportation for the Orange County
Council of Governments (OCCOG) March 23, 2023 meeting, a Finance Committee meeting on
March 16, 2023, the Hoag Classic, and the Corona del Mar High School Car Show on March 26,
2023 where he and May'Sr Blom will be judges
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider directing staff to develop a pilot program that allows Newport Beach
Community Homeowners Associations, that represent at least 50 homeowners, to install
solar powered security cameras, signs, and other related improvements in the public
right-of-way [Mayor Pro Tem O'Neill]
The City Council unanimously concurred to bring the matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Tim Stoaks expressed the opinion that Item 7 (Belcourt Park and Bonita Canyon Residential Refuse
Collection Service) should include Santa Ana Heights.
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Jim Mosher stated that Item 7 should be removed from the Consent Calendar and discussion should
ensue regarding the relief plan in the residential refuse contract.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 28, 2023 City Council Meeting [I00-20231
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title
only.
RESOLUTION FOR ADOPTION
3. Resolution No. 2023-15: Reestablishing the Newport Beach City Council Homeless
Ad Hoc Committee [241100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2023-15, A Resolution of the City Council of the City of Newport Beach,
California, Reestablishing the Newport Beach City Council Homeless Ad Hoc Committee.
CONTRACTS AND AGREEMENTS A"
4. Approval of Amendment No. Two to On -Call Maintenance/Repair Services Agreements
with Quality Fence Co., Inc. and Red Hawk Services, Inc. (C-7178-2) [381100-20231
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. Two to On --all Fencing Maintenance and Repair Services Agreements
with Quality Fence Co., Inc., and Red Hawk Services, Inc. with each agreement being for a
two-year term and total not -to -exceed amount of $250,000 per agreement, and authorize the
Mayor and City Clerk to execute the agreements.
5. Approval of Uniform and Floor Mat Service Agreement with Prudential Overall Supply
(C-7069-2) and Authorization to Terminate the Current Agreement with Mission Linen
Supply (C-8838-1) [381100-2024
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Authorize termination of the Uniform and Floor Mat Service Agreement with Mission Linen
Supply according to the terms of the agreement; and
c) Approve the Uniform and Floor Mat Service Agreement with Prudential Overall Supply with a
five-year term and a total not -to -exceed amount of $250,000, and authorize the Mayor and City
Clerk to execute the agreement.
6. Approval of Professional Services Agreement with Tait and Associates for Corporation
Yard Fueling Support Facilities and Transfer Station Improvements (Project No. 20F14)
(C-7876-1) [381100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
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b) Approve a Professional Services Agreement with Tait and Associates of Santa Ana for design
services of the Corporation Yard Fueling Support Facilities and Transfer Station Improvements
Project (Project) for a not -to -exceed amount of $672,932, and authorize the Mayor and City Clerk
to execute the Agreement.
Council Members Stapleton and Weigand recused themselves from Item 6 since they
received a campaign contribution from Richard Tait from Tait and Associates within the
last 12 months that exceeded $250.
7. Belcourt Park and Bonita Canyon Residential Refuse Collection Service (C-8823-1)
[381100-2023]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Direct staff to establish residential refuse service with the Belcourt Park and the Bonita Canyon
neighborhoods, provided they are willing, under the existing Agreement for the Collection,
Transportation, Processing and Diversion of Residential Recyclable Materials, Food Scraps,
Green Waste and Collection, Transportation and Disposal of Municipal Solid Waste between the
City of Newport Beach and CR&R Inc. (Contract No. 8823-1), including requiring payment of
the current $6.77 per household per month Recycling Service Fee; and
c) Assign authority to the City Manager to approve and execute th4 necessary contract documents
with CR&R Inc. so as to provide residential refuse collection and recycling to the Belcourt Park
and the Bonita Canyon neighborhoods.
Council Members Stapleton and Weigand recused themselves from Item 7 since they
received a campaign contribution from CR&R within the last 12 months that exceeded
$250.
Council Member Grant recused herself I Item 7 due to property interest conflicts.
8. Amendment No. Three to Professional Services Agreement with Sampson Oil Company
for Oil Well Management Services (C--8490-1) [381100-2023]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. Three to the Professional Services Agreement with Sampson Oil
Company for Oil Well Management Services, which extends the contract for one additional year
to July 31, 2024 and increases the total not -to -exceed contract amount by $750,000, and
authorize the Mayor and City Clerk to execute the Agreement.
9. Professional Services Agreement for On -Site Mobile Car Washing and Detailing Services
for Police Vehicles (C-7644-2) [381100-2023]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with Leonardo Bustos Benitez, dba City Detail of
Anaheim, California to provide on -site vehicle washing and detailing services for a three (3) year
term in an amount not -to -exceed $305,106 with the option to extend for two (2) additional
successive terms of one (1) year each for a total not -to -exceed cost of $509,303, and authorize the
Mayor and City Clerk to execute the Agreement.
MISCELLANEOUS
10. Planning Commission Agenda for the March 9, 2023 Meeting [100-2023]
Receive and file.
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11. Acceptance of Proposition 69 Reimbursement [100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Budget Amendment No. 23-056 accepting Proposition 69 funds in the amount of
$37,406.15 as reimbursement for the purchase of specified crime scene and evidence processing
equipment and appropriating $37,406.15 in increased expenditures in Account No. 01035355-
841015.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Kleiman, to approve the
Consent Calendar; and noting the recusals by Council Member Stapleton to Items 6 and 7, the recusals
by Council Member Weigand to Items 6 and 7, the recusal by Council Member Grant to item 7, and the
amendment to Item 1.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — e
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Nancy Gardner inquired about Citywide evacuation plans and suggested more evacuation information
be provided to residents. 1W
Jim Dastur read his letter that was submitted to Council and requested that City staff hold the
Assessment District 124 meeting at the Balboa Island Fire Station prior to March 31, 2023 and not
April 22, 2023, or move the date for the assessment payment from March 31, 2023 to the end of April.
XVIII. CURRENT BUSINESS
12. Code Update Recommendations Relate o Fractional Homeownership (PA2022-0202)
[I00-2023] 40 V
Community Development Director Jurjis and Principal Planner Murillo utilized a presentation to
discuss prior City Council; Planning Commission and Ad Hoc Committee discussion and direction,
and Planning Commission recommendations to Council to expand the definition of timeshare and
provided revisea definitions. Principal Planner Murillo noted recommendations if Council
determined to authorize fractional ownership as a use separate from timeshares and reviewed a
regulatory process for It new use, and provided additional options for consideration.
In response to Mayor Pro Tem O'Neill's question, Principal Planner Murillo relayed the process for
Council to change the definition and City Attorney Harp confirmed [and later revised] that the draft
language can come directly back to Council without going to the Planning Commission because the
Planning Commission has done an extensive assessment and provided a recommendation.
Community Development Director Jurjis confirmed that Newport Beach Municipal Code (NBMC)
Titles 20 and 21 will be included in the vote for consistency.
In response to Council Member Avery's question, Principal Planner Murillo relayed that Pacaso's
operating requirements do not allow for subletting.
Mayor Blom acknowledged the public in attendance, reminded them that Council will be providing
direction today to staff for an ordinance to come back to the City Council and not voting on the
ordinance tonight, and expressed an understanding about the public's frustration.
Council Member Grant noted the evidence on this item, expressed gratitude to the public for
attending tonight's meeting, and stated that she understands what the community is experiencing
and their policy interests.
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Mayor Pro Tem O'Neill expressed the opinion that the direction from Council tonight will be to bring
back the proposed language that aligns with what the public is desiring, and suggested that Council
take a straw vote.
Council Member Weigand stated that he opposed fractional homeownership.
Council Member Kleiman expressed the opinion that Pacaso is a market disrupter and noted
allowable land uses, the City's purview, and discussed transient use. She expressed a lack of
confidence that the law will be on the side of the City related to the interpretation of land use, but
expressed that it was clear from the correspondence received that the community desires to disallow
this use to the extent the City is able. She suggested adding language to the City's existing ordinance
that addresses fractional ownership, thought that regulating through a permit process raises other
questions about monitoring and enforcement and burdens the neighbors, and supported the
recommendation and adding language to the existing ordinance.
Council Member Stapleton concurred with his Council colleagues, emphasized he wants to protect
property rights, expressed the opinion that the City needs to properly address fractional ownership
and the current use is an improper use of land planning and creates a camouflage for timeshares,
noted his interest in continuing a friendly family atmosphere in District 1, and opposed the
commercialization of neighborhoods, adverse effects to quality of life, and reducing future housing
stock. He expressed support for local investors that generate large revenue for the General Fund
and an expansion of the timeshare definition.
Mayor Blom echoed his colleagues' sentim nts and expr�ed support for expanding the timeshare
definition.
Council Member Avery stated that he never thought residential areas (R1) would be threatened by
changes from the State, noted the importance of building families, relationships, and community,
relayed there are plenty of Short Term Lodgiag (STL) opportunities in the City, and expressed the
opinion that the cycle o rehabilitation facilities and timeshares are too much for R1 neighborhoods.
Nancy Gardner opposed using R2 zones for rehabilitation facilities and timeshares to avoid having
them in R1 zon J
T I
Jim Mosher applauded Council's direction and suggested the ordinance include a mechanism for
enforcing use and advgrtising the use.
Patty Janssen stated that STLs act the same as vacation rental properties and proof of ownership
is not required for subletting the rentals or fractional ownership properties.
Kathy Kost provided her perspective about her family and the Pacaso model.
Randy Kost relayed his experiences in Newport Beach as a fractional owner, and asked Council to
consider the owners.
Gary Cruz concurred with Nancy Gardner, noted code enforcement for STLs did not work, and
cautioned Council to embrace membership vacation homes for rent coming into Newport Beach.
Max Gardner asked Council to consider rules and regulations for how the management companies
operate and how neighbors can communicate issues.
Denys Oberman, on behalf of the Leadership Committee, noted a correspondence sent on March 13,
2023, the importance of the fractional ownership definition and enforcement, requested Council
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consider residential zones beyond RI, and asked for clarification about the minimum unit count
indicated in the staff report.
Russ Doll noted a legal letter of position on November 10, 2021, expressed concern about the turn
over at a neighboring Pacaso property, and stated the need for a mechanism to manage or remedy
ongoing behavior.
Maureen Cotton, President of the Central Newport Beach Community Association, thanked City
staff and Council for the proposed language and supported the preferred recommendation, but
suggested adding language that bans advertising the sale of fractional ownership properties.
Andre Jones, Pacaso employee, read comments from Roy Mendrin of Silver Star Sound & Comm
who shared his experiences as a local business owner working with Pacaso.
John Panache shared why he became a fractional owner and how his family is part of the
community.
Jim Miller noted cities that are rewriting timeshare ordinances to prohibit hotel -like activity in
residential areas and discussed timeshare and STL behavior.
An unidentified speaker thanked Council for considering d fining Pacaso as a timeshare and
protecting local communities, encouraged Council to ensure that people who live in residential areas
are accountable, possess an individual commitment to the greater good, and preserve what makes
Newport Beach special, and suggested only -allowing fractional ownerships in commercial zones.
44
Lisa Sutton noted the City needs to clarify its direction on timeshares or the Pacaso model, and
asked Council to be aware of loopholes that would allow fractional ownerships.
Katie Sandvig, Pacaso employee, read comments on behalf of fractional homeowner Chris Looney,
who thought that shared ownership is good for Newport Beach and encouraged Council to think
favorably on co -ownership. 40
Katie Durham, P aso employee, read comments from fractional homeowner Aaron Clark, who
supported Pacas
An unidentified speaker expressed the opinion that fractional ownership changes the fabric of the
neighborhood by having temporary neighbors and offered a suggestion for the sale of grandfathered
properties so they can Vrn to single property ownership.
Megan Licata, Pacaso employee, read comments from fractional homeowner Devon Atchison, who
expressed hope that Council will allow more families a way into home ownership in Newport Beach
and surrounding beach areas.
Max, Pacaso employee, read comments from fractional homeowner Scott Hanson, who stated that
he and his family support local businesses, promise to never rent out the home, take great care of
the home, and thought it is a mistake to limit home ownership to 100 percent ownership.
Karen Carlson thanked Council for taking a poll at the beginning of the meeting, supported the
recommendation, and urged a moratorium on new fractional ownerships.
Lee Pearl relayed being proud of how the community has come together on this issue and
commended Council for a decision that he feels will be positive for the community.
Steven Bass introduced his neighbors and asked that the neighborhood not be commercialized.
Debbie Stevens, President of the Corona del Mar Residents Association, expressed the opinion that
timeshares, STLs, and fractional ownerships act the same and that this is a quality of life issue,
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noted pressures from the State and the importance of having City control over fractional ownership,
asked for a continued ban in residential areas and keeping fractional ownership in commercial
areas, and stated she supports the recommendations.
Terry Janssen, President of Balboa Island Improvement Association, discussed the responses from
a call -to -action email sent to their database regarding fractional ownership.
Ben Roth noted no communication with neighboring fractional homeowners and that this is about
the masses and not the few.
An unidentified speaker stated that STLs are short term rentals and fractional ownerships are short
term residents, but they are the same thing, noted voting privileges to being a resident, and
cautioned Council on what the City is investing in.
Thomas Palestrini, Pacaso employee, read comments from fractional homeowner Steve Hayes, who
stated how he and his family use the property, noted his interest in high standards, a
well -maintained property, and owners with a vested intere the property, and relayed he pays
taxes.
Gina Cruz suggested Council should consider the many standards of fractional ownership operators
besides Pacaso, discussed issues with the current 12 fractional ownership properties in the City,
and asked Council to take peace and tranquility for residents into consideration.
Monika Krogmann questioned if Balboa funcil
sula will be renamed the Balboa Peninsula Resort.
Amber Snider, Newport Beach Fire Safe and Corona del Mar Alumni Association member,
asked Council to save the neighborhoods and watch out for the children living nearby, especially
with special needs.
Carmen Rawson labeled fractional owners as nsient, noted the impact in R2 zones, surveyed the
audience by a show of hands to demonstrate o opposes any fractional ownership, disagreed with
the assumption that fractional ownership is taking over empty homes, and asked Council to be
prompt.
An unidentified speaker as Council to protect the residents' quality of life and put a stop to
fractional ownership.
Purvi Doshi, Pacaso el�plo e, thanked staff and Council for their time and devotion to studying
co -ownership, expresse he opinion that co -ownership is a valuable and protected property right,
noted meetings with staff to discuss potential solutions, desired to work with the City to develop
common sense regulations, and urged the City to continue talks so regulations can be created that
work for everybody.
Max Johnson stated he started a petition, expressed the opinion that there will be missed tax
collections for essential services due to fractional ownerships, and urged Council to support all the
residents who are against fractional ownership.
Jim Maloney, Balboa Island Preservation Association Chair, thought fractional ownership
accelerates the rate of homes being torn down and rebuilt into large cubes to maximize the square
footage, and noted there will be more sales revenue in the short term but emphasized the disruption
in the long term.
City Attorney Harp corrected his previous statement and reported that the item will need to go back
to the Planning Commission for consideration and to hold a public hearing pursuant to the NBMC,
and, in response to Mayor Pro Tem O'Neill's question, he relayed that there is a 6 week [correction
from 60 days] legal requirement for public review before adoption and the clock begins as soon as it
is made available to the public.
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Mayor Blom noted how complex the issue is and how much time was taken to ensure an appropriate
recommendation.
In response to Council Member Weigand's questions, Community Development Director Jurjis
stated that enforcement procedures are documented in the NBMC and the 12 existing Pacaso
properties would be grandfathered based on the current direction of Council, no Transient
Occupancy Tax (TOT) can be extracted, and these properties will not be viewed as STL. He indicated
that he defers to the City Council for any additional regulations. However, he recommended moving
forward with a focus on changing the timeshare definition for expediency instead of discussing
additional regulations.
Mayor Blom concurred with Community Development Director Jurjis and suggested moving
forward with the staff recommendation.
Motion by Council Member Grant, seconded by Mayor Blom, to a) determine this action is
exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15262 of the
CEQA Guidelines because this action will not result in a physical change to the environment,
directly or indirectly; and b) provide direction to go with the Planning Commission's preferred option
of broadening the definition of timeshare to capture fractional ho ownership.
The motion carried unanimously. I
XIX. MOTION FOR RECONSIDERATION — None
XX. ADJOURNMENT — 7:33 p.m.
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
March 9, 2023, at 4:00 p.m.
Leilani I. Brown
City Clerk
Noah Blom
Mayor
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