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HomeMy WebLinkAbout23 - Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant - CorrespondenceReceived After Agenda Printed July 23, 2024 Agenda Item No. 23 From: Biddle, Jennifer Sent: July 19, 2024 1:45 PM To: City Clerk's Office Subject: FW: Require vote of people to adopt NB's Housing Plan Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: James Halton <npbjim@gmail.com> Date: 7/19/24 1:29 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Require vote of people to adopt NB's Housing Plan [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Follow the City Charter " Section 423 of the Newport Beach City Charter — the "Greenlight provision" -- requires a vote of the people to adopt Land Use Element Updates and Zoning Amendments — including the city's proposed Housing Plan". Jim Halton 50 Villa Point Drive Newport Beach, CA 92660 npb,iim@gmail.com 949-922-4225 From: Biddle, Jennifer Sent: July 19, 2024 1:45 PM To: City Clerk's Office Subject: FW: HOUSING ELEMENT Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: John Petry <johncpetry@hotmail.com> Date: 7/19/24 1:34 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: HOUSING ELEMENT PMERNAL EMENWO NOT CLICK li e sender and know the content is safe. Please let the voters decide. Thanks From: Biddle, Jennifer Sent: July 19, 2024 2:45 PM To: City Clerk's Office Subject: FW: Green light Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Bud Reveley <budreveleyPgmail.com> Date: 7/19/24 2:28 PM (GMT-08:00) To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Green light [EXTERNAL E content is safe. Allow citizens to vote for housing plan From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: The People of Newport Beach Must Vote on the City"s Housing Plan Date: July 19, 2024 4:16:15 PM Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Alan Sellers <alanbsellers@gmail.com> Date: 7/19/24 4:03 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: The People of Newport Beach Must Vote on the City's Housing Plan EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the went is safe. Councilmembers: Please follow the City Charter by giving the voters of Newport Beach a voice in deciding our city's Housing Plan. Councilmembers; PLEASE support a vote of the people this November on the city's proposed Housing Plan. Thank you!! Alan Sellers From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Date: July 19, 2024 5:06:10 PM Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: ANN O NEIL <annhafeyo@aol.com> Date: 7/19/24 4:18 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the Fontent is safe. (Please Put the RHNA Land Use Element on the ballot! Thank you. Barry & Ann O'Neil 1101 Granville Drive Newport Beach CA 92660 Sent from my Wad From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Please follow the City Charter by giving the voters of Newport Beach a voice in deciding our city's Housing Plan. Date: July 19, 2024 5:06:34 PM Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Bob Ehrlich <rdehrlich@icloud.com> Date: 7/19/24 4:44 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Please follow the City Charter by giving the voters of Newport Beach a voice in deciding our city's Housing Plan. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I think it very important that we maintain our feeling as being a strong, involved community of Newport Beach. We have a singular identity because of all of our work to have a strong government that provides us with such strong support. We all need to continue being involved in important decisions. Robert Ehrlich, 22 Rue Grand Ducal, 92660 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: City Charter Date: July 19, 2024 7:48:44 PM Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Sue Harvey -Reese <sharveyreese@gmail.com> Date: 7/19/24 5:27 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: City Charter [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the �fe. Please follow the City Charter by giving the voters of Newport Beach a voice in deciding our city's Housing Plan. Sue and Greg Reese Cliff drive Sent from my Whone From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: City Plan on Housing Date: July 19, 2024 7:48:53 PM Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Sharon Woodbury <sharonwoodbury222@gmail.com> Date: 7/19/24 6:21 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: City Plan on Housing [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Sent from my iPhone I don't want Noah Blum to circumvent the City Council on the Housing Agreement! From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Proposed Housing plan Date: July 19, 2024 7:49:05 PM Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Jill Scirocco <mommatron@aol.com> Date: 7/19/24 6:50 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Proposed Housing plan EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the I_fe. As residents of Newport Beach, we urge you to follow the City Charter by giving the voters of Newport a voice in deciding the city's Housing Plan. Section 423 of the Newport Beach City Charter, the "Greenlight provision" requires a vote of the residents to adopt Land Use Element Updates and Zoning Amendments, this includes the proposed Housing Plan. We look for your compliance in this matter. Joe and Jill Scirocco 7 Portica Newport Coast, CA From: Biddle, Jennifer Sent: July 19, 2024 7:49 PM To: City Clerk's Office Subject: FW: voters need a voice to the planned building of apartments, condos etc. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Pam Fossler <pamfossler@mac.com> Date: 7/19/24 7:21 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: voters need a voice to the planned building of apartments, condos etc. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. From: Biddle, Jennifer Sent: July 19, 2024 7:58 PM To: City Clerk's Office Subject: FW: Greenlight provision Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Bill Cool <billcoolcdm0bgmai1.com> Date: 7/19/24 7:57 PM (GMT-08:00) To: Dept - City Council<CityCouncit(@newportbeachca.gov> Subject: Greenlight provision [EXTERNAL E content is safe. It is my understanding that there is a proposal to bypass the "Greenlight provision" and NOT allow the citizens of Newport Beach vote on a Housing plan that exceeds the 4,845 - unit state housing mandate. This requires a vote of the people! There is no way that the council should attempt to ignore the citizens right to vote on this proposal. Taking this a step further, the city of Newport Beach should join with other like- minded cities and draft an a state initiative that returns zoning rights to the local communities and forbids the state government to force cities to over develop their communities with unwanted developments. William Cool William Cool 430 Dahlia Ave. Corona Del Mar, Ca. 92625 (949) 675-5122 Resident since 1968 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: GREENLIGHT PROVISION Date: July 21, 2024 8:21:29 AM Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Dana Dietel <dldietel@yahoo.com> Date: 7/20/24 2:24 PM (GMT-08:00) To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: GREENLIGHT PROVISION [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the safe. IT IS OUR UNDERSTANDING THAT THERE IS A PROPOSAL TO BYPASS THE "GREENLIGHT PROVISION" AND NOT ALLOW THE CITIZENS OF NEWPORT BEACH VOTE ON A HOUSING PLAN THAT EXCEEDS THE 4,845 - UNIT STATE HOUSING MANDATE. THIS REQUIRES A VOTE OF THE PEOPLE! THERE IS NO WAY THAT THE COUNCIL SHOULD ATTEMPT TO IGNORE THE CITIZENS RIGHT TO VOTE ON THIS PROPOSAL. TAKING THIS A STEP FURTHER, THE CITY OF NEWPORT BEACH SHOULD JOIN WITH OTHER LIKE-MINDED CITIES AND DRAFT A STATE INITIATIVE THAT RETURNS ZONING RIGHTS TO THE LOCAL COMMUNITIES AND FORBIDS THE STATE GOVERNMENT TO FORCE CITIES TO DEVELOP THEIR COMMUNITIES WITH UNWANTED DEVELOPMENTS. THANK YOU SINCERELY, KURT AND DANA DIETEL CORONA DEL MAR From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Letter re Item 23 7/23/24 Date: July 22, 2024 9:22:30 AM Attachments: SPON Letter to CC 7-22-24.odf From: Charles Klobe <cklobe@me.com> Sent: July 22, 2024 9:23 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Letter re Item 23 7/23/24 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 6 Good day, Please accept the attached letter regarding Item 23 on the July 23, 2024 City Council Agenda. Thank you for your service, Charles Klobe Virus-free.www.avg.com July 22, 2024 Newport Beach City Council Regarding Ordinance Nos. 2024-16, 2024-17, and 2024-50 to 2024-57 OR 2024-58 7/23/2024 Good day Mr. Mayor and Members of the City Council, SPON (Still Protecting Our Newport) is a 501(c)(3) non-profit dedicated to preserving and protecting the environmental and residential qualities of Newport Beach. All elements of the PEIR 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 PEIR, therefore it is deficient and must be recirculated. We therefore preserve our rights to file a CEQA challenge to the Draft PEIR. Thank you for your service, Charles Klobe President SPON - PO Box 102 - Balboa Island, CA 92662 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Put RHNA housing land use element on the Nov ballot! Date: July 22, 2024 10:44:53 AM From: Kate Conard <katepetry@gmail.com> Sent: July 22, 2024 10:39 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Put RHNA housing land use element on the Nov ballot! [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello City Council Members, I am a resident of Newport Beach and property owner and am requesting you put the RHNA housing land use element on the November Ballot. This should not be the decision of the council members alone as it impacts all residents of Newport Beach and should be up to the citizens to decide. If it fails, it goes back to the council anyway, so give the people a chance to make a decision for their town (not in the interests of developers, but of the actual residents who live, drive, go to school and work, pay taxes, and contribute to this amazing city). Thank you, Kate Conard 2215 Windward Ln, Newport Beach, CA 92660 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: CA Housing Mandate Date: July 22, 2024 10:48:42 AM Importance: High From: David Rose <david@melroseind.com> Sent: July 22, 2024 10:47 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: CA Housing Mandate Importance: High [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the ,ontent is safe. J J L Council Members, It is absolutely wrong for you to decide on the above vs. putting it to a vote of the residents of Newport Beach. I strongly urge you to put this matter to a vote of the residents ASAP. Thank you. Rgds, David Rose & ARDR Realty LLC 318 Amethyst Ave. Newport Beach, CA 92262 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: CA Housing Mandate - Land Use element Date: July 22, 2024 11:00:26 AM From: David Rose <david@melroseind.com> Sent: July 22, 2024 10:58 AM To: O'Neill, William <woneill@newportbeachca.gov> Cc: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: RE: CA Housing Mandate - Land Use element [EXTERNAL EMAIL] Do mks or a hments unless you recognize the sender and know the content is safe. HI Will, Thanks for the prompt response. To be clearer, I'm referring to the Land Use Element that is to be brought up a tomorrow's Council meeting. It should be decided by a vote of the residents per Greenlight, our City Charter Section 423; not by a majority of the Council. Trust this clarifies my intent. Rgds, David From: O'Neill, William <woneillCcDnewportbeachca.gov> Sent: Monday, July 22, 2024 10:49 AM To: David Rose <david(@melroseind.com> Subject: Re: CA Housing Mandate Thanks David. The housing element was approved and certified a couple of years ago. Mayor Will O'Neill Newport Beach City Council From: David Rose <david()melroseind.com> Date: Monday, July 22, 2024 at 10:47 AM To: Dept - City Council <CityCouncilCcOnewportbeachca.gov> Subject: CA Housing Mandate [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the Council Members, It is absolutely wrong for you to decide on the above vs. putting it to a vote of the residents of Newport Beach. I strongly urge you to put this matter to a vote of the residents ASAP. Thank you. Rgds, David Rose & ARDR Realty LLC 318 Amethyst Ave. Newport Beach, CA 92262 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: RHNA on the Nov ballot Date: July 22, 2024 11:24:26 AM From: Alison Rubino Asher <alisonrubinoasher@gmail.com> Sent: July 22, 2024 11:22 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: RHNA on the Nov ballot [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello City Council Members, I am a long time resident of Newport Beach and property owner in the Bluffs and am requesting you put the RHNA housing land use element on the November Ballot. This should not solely be the decision of the council members alone as it impacts all residents of Newport Beach and should be up to the citizens to decide. If it fails, it goes back to the council anyway, so please give the people a chance to make a decision for their community, (not in the interests of developers, but of the actual residents who live, drive, go to school and work, pay taxes, and contribute to this amazing city). Thank you, Alison Rubino 450 Gaviota, NB, 92660 415.517.5427 Linkedin From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: RHNA housing land use element on the November Ballot Date: July 22, 2024 11:40:42 AM -----Original Message ----- From: Lindsey Coombe <lindseycoombe@gmail.com> Sent: July 22, 2024 11:38 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: RHNA housing land use element on the November Ballot [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello City Council Members, I am a resident of Newport Beach and property owner and am requesting you put the RHNA housing land use element on the November Ballot. This should not be the decision of the council members alone as it impacts all residents of Newport Beach and should be up to the citizens to decide. If it fails, it goes back to the council anyway, so give the people a chance to make a decision for their town (not in the interests of developers, but of the actual residents who live, drive, go to school and work, pay taxes, and contribute to this amazing city). Thank you, Lindsey Coombe 2900 Quedada Newport Beach, CA 92660 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: RHNA housing for Nov Ballot Date: July 22, 2024 1:00:18 PM -----Original Message ----- From: Shina Hopkins <shinahopkins@yahoo.com> Sent: July 22, 2024 12:59 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: RHNA housing for Nov Ballot [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello City Council Members, I am a resident of Newport Beach and property owner and am requesting you put the RHNA housing land use element on the November Ballot. This should not be the decision of the council members alone as it impacts all residents of Newport Beach and should be up to the citizens to decide. If it fails, it goes back to the council anyway, so give the people a chance to make a decision for their town (not in the interests of developers, but of the actual residents who live, drive, go to school and work, pay taxes, and contribute to this amazing city). Thank you, Shina Hopkins 2444 Vista Nobleza, Newport Beach, CA 92660 Sent from my iPhone From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: The Housing Plan Date: July 22, 2024 1:34:41 PM From: linda.doppes@gmail.com <linda.doppes@gmail.com> Sent: July 22, 2024 1:33 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Cc: linda.doppes@gmail.com Subject: The Housing Plan [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the -ontent is safe. J i Dear City Council Members, I am very concerned about the significant growth of Newport Beach in the past 25 plus years that we have lived here. Our roads are overcrowded much of the time and crime has increased significantly since we have lived here. This decreases the desirable lifestyle of Newport Beach and one of the reasons why we moved here. I insist that our councilmembers follow the city charter and support a vote of the people this November to save the beauty and appeal of our city. Regards, Linda Doppes 32 Deep Sea Newport Coast, CA 92657 714-457-2651 From: Alison Rubino Asher To: City Clerk"s Office Subject: Fwd: RHNA on the Nov ballot Date: July 22, 2024 1:22:20 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello City Clerk and City of NB Leaders, I am a long time resident of Newport Beach and property owner in the Bluffs and am requesting you put the RHNA housing land use element on the November Ballot. This should not solely be the decision of the council members alone as it impacts all residents of Newport Beach and should be up to the citizens to decide. If it fails, it goes back to the council anyway, so please give the people a chance to make a decision for their community, (not in the interests of developers, but of the actual residents who live, drive, go to school and work, pay taxes, and contribute to this amazing city). Thank you, Alison Rubino 450 Gaviota, NB, 92660 415.517.5427 Linkedin From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Let residents vote for RHNA Date: July 22, 2024 3:14:30 PM From: Megan King <meganekingl4@gmail.com> Sent: July 22, 2024 1:57 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Let residents vote for RHNA [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear City Council Members, I am a long term resident of Newport Beach (for 12 years now) and a property owner in Eastbluff. I am reaching out to request you put the RHNA housing land use element on the November ballot. This should NOT be the decision of the council members alone, as it impacts all residents of Newport Beach and should be up to the citizens to decide. If it fails, it will go back to the council anyways, so I am requesting that you please give the residents of Newport Beach a chance to make a decision for their town and in the interest of those who reside here, live in Newport, work, go to school and pay taxes here. We appreciate you taking the time to read this as it is a priority topic for us. Thank you, Megan and R.J. King 2537 Bamboo Street Newport Beach, CA 92660 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Housing Plans Date: July 22, 2024 3:28:29 PM -----Original Message ----- From: Steve Cooper <stevecoop@roadrunner.com> Sent: July 22, 2024 2:34 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Housing Plans [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I want city residents to vote on new housing plans... especially high rise hotels, condos and apartments. Stephen Cooper 14 Cape Woodbury Newport Beach Sent from my iPhone From: Brown, Leilani To: Farris, Jennifer Subject: FW: Keller/Anderle LLP - Newport Beach Charter Section 423 Date: July 22, 2024 3:03:10 PM Attachments: 2024-07-22 Letter from J. Keller to Mayor W. O"Neill.odf image001.pnno imaae002.ona Leilani I. Brown, MMC City Clerk City Clerk's Office Office: 949-644-3005 100 Civic Center Drive Newport Beach, CA 92660 Serving the Public with Integrity and Professionalism Regular Business Hours, Excluding Holidays: Monday to Thursday: 7:30 a.m. to 5:30 p.m. Friday: 7:30 a.m. to 4:30 p.m. Please note that email correspondence with the City of Newport Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Jurjis, Seimone <sjurjis@newportbeachca.gov> Sent: July 22, 2024 3:03 PM To: Brown, Leilani <LBrown@newportbeachca.gov> Subject: FW: Keller/Anderle LLP - Newport Beach Charter Section 423 For item #23 Seimone Jurjis Assistant City Manager / Director of Community Development Community Development Department Office: 949-644-3282 100 Civic Center Drive Newport Beach, CA 92660 From: O'Neill, William <woneill(@newportbeachca.gov> Sent: July 22, 2024 2:57 PM To: Leung, Grace <gleung(@newportbeachca.gov>; Harp, Aaron <aharp(@newportbeachca.gov>; Summerhill, Yolanda<YSummerhillPnewportbeachca.gov>; Jurjis, Seimone <siuriis(@newportbeachca.gov> Subject: Fwd: Keller/Anderle LLP - Newport Beach Charter Section 423 Mayor Will O'Neill woneill(@newportbeachca.gov 100 Civic Center Dr. Newport Beach, CA 92660 Begin forwarded message: From: Leobardo Cano <IcanoPkelleranderle.com> Date: July 22, 2024 at 2:40:56 PM PDT To: "O'Neill, William" <woneill(@newportbeachca.gov> Cc: Jennifer Keller <ikeller(@kelleranderle.com>, Shaun Hoting <shoting(@kelleranderle.com>, "Stapleton, Joe" <itapletonpnewportbeachca.gov>, "Avery, Brad" <baver)1(@newportbeachca.gov>, "Weigand, Erik" <eweigand(@newportbeachca.gov>, "Grant, Robyn" <rgrantPnewportbeachca.gov>, "Blom, Noah" <NBlom(@newportbeachca.gov>, "Kleiman, Lauren" <lkleiman(@newportbeachca.gov>, "Harp, Aaron" <aharp(@newportbeachca.gov> Subject: Keller/Anderle LLP - Newport Beach Charter Section 423 ERNAL EMAIL] DO NOT and know the content is safe. Dear Mayor O'Neill, Please find the attached correspondence from attorney Jennifer L. Keller. Please feel free to let me know if you have questions. Thank you. Leo Cano Paralegal 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 infoCcokelleranderle.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. Keller/AnderleLLP BUSINESS TRIAL LAWYERS July 22, 2024 Via E Mail Will O'Neill, Mayor Newport Beach City Council 100 Civic Center Drive Newport Beach, CA 92660 woneill(c,newportbeachca. gov Re: Voter approval of Newport Beach's Certified Sixth Cycle Housing Element under Charter Section 423 Dear Mayor O'Neill and City Council Members: I write on behalf of Still Protecting Our Newport ("SPON") concerning the City Council's upcoming vote on whether to disregard Newport Beach Charter Section 423 and unilaterally approve zoning amendments as part of the City's implementation of the Certified Sixth Cycle Housing Element ("HE"). SPON is a 501(c)(3) nonprofit made up of responsible members of the Newport Beach community. Since 1974, SPON has worked to protect and preserve the charm and environment of Newport Beach. Recently, we have been told that City decisionmakers and/or staff are questioning whether the City must schedule a vote under City Charter Section 423 to adopt the zoning amendments. The answer is simple: Yes, Section 423 requires the City to schedule a vote. If the City Council violates Section 423, it will fundamentally change the fabric of Newport Beach governance, risk decertification of the City's Sixth Cycle Housing Element, and ensure extensive litigation between the City and its residents and/or the State of California. Similarly, any attempt to conduct a sham election under Section 423, by using ballot language that misleads Newport Beach citizens with misrepresentations or outright falsehoods about the City's planned zoning amendments, will violate California law and subject the City to protracted litigation. I. Background Newport Beach Charter Section 423 — commonly known as the "Greenlight Initiative" — is a fundamental section of the City's Charter that requires any significant developments or change to the City's development to be reviewed and approved by Newport Beach's citizens. Section 423 is based on Newport Beach citizens' demands for transparency into, and approval of, any plans that would affect how Newport Beach's real estate is zoned and developed. It was enacted after voters became alarmed by what appeared to be outsized influence by developers on the City Council. Specifically, Section 423 states that "[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 (i.e., 100 dwelling units or more), based on the total of the (1) 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 July 22, 2024 Page 2 "[i]ncreases resulting from the amendment itself," and (2) "[e]ighty percent of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding ten years." Section 423 further mandates that no amendment shall "take effect unless it has been submitted to the voters and approved by a majority of those voting on it." On September 13, 2022, the City of Newport Beach adopted the Sixth Cycle Housing Element. The California Department of Housing and Community Development ("HCD") conducted a review. In an October 5, 2022, letter, the HCD concluded the HE was "in full compliance with State Housing Element Law." The HCD also concluded that "the City must continue timely and effective implementation of all programs including ... [i]nitiating a Ballot Measure for a Charter Section 423 Vote." (Oct. 25, 2022, HCD Ltr. at 1.) The City's Certified Sixth Cycle Housing Element likewise recognizes that a Greenlight Initiative vote is required to align other General Plan amendments and Zoning Code amendments with the certified HE, and to effectuate the certified HE. As a few examples: • "It is the duty of the City Council to place the increases in housing and the traffic generated before the voters of Newport Beach consistent with Charter Section 423. The vote will be scheduled in accordance with the California Elections Code and the City Charter after the City Council carefully reviews and approves the Land Use Element amendment and Zoning Strategies that support Policy Actions IA through 1G." (HE at 3-30 (emphasis added).) • "For the 6th cycle Housing Element, like the 2006 vote, the City will initiate an election and pay for all costs associated with the ballot measure. The discussion within Housing Goal #1 in Section 4 details the milestones involved in the Land Use Element amendment vote process." (Id. (emphasis added).) • "Based upon public comments received during the preparation of this Housing Element, there is no public support to amend Charter Section 423 to accommodate the housing necessary to satisfy the State RHNA mandate. The City Council publicly debated the prospects of amending Charter Section 423 through its review of this Housing Element, and it is universally believed that placing such a Charter amendment before the voters would be a waste of resources. Additionally, any effort to potentially amend Charter Section 423 would potentially and unnecessarily delay the implementation of this Housing Element. It could create voter fatigue reducing the prospects for success of a vote for the required Land Use Element Amendment to implement this Housing Element pursuant to Charter Section 423." (Id.) • "All sites proposed for rezoning through implementation of Policy Actions IA through IF provided in Section 4 of this Housing Element will require a companion Land Use Element amendment that will be subject to a vote of the electorate pursuant to Charter Section 423. The City will initiate an election and conduct community outreach to educate the public on the benefits of higher density housing and pay for all costs associated with the ballot measure(s). The table below presents a timeline for the process including the vote. If the vote fails, the City will propose alternative Policy Actions and call for a second election. If the 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 July 22, 2024 Page 3 second vote fails to pass, the City Council will seek a legal opinion from the State Attorney General's Office as to how to proceed." (Id. at 4-3 (emphasis added).) • "Policy Action 3N: Housing Impact Studies The City will continue to study housing impacts of proposed larger -scale, significant commercial/industrial projects during the development review process. Prior to project approval, a housing impact assessment shall be developed by the City with the active involvement of the developer. Such assessment shall indicate the magnitude of jobs to be created by the project, where housing opportunities are expected to be available, and what measures (public and private) are requisite, if any, to ensure an adequate supply of housing for the projected labor force of the project and any restrictions on development due to the City `Charter Section 423'. The City will continue to implement such program as major commercial/industrial projects are submitted to the City in the 6th Cycle." (Id. at 4-17). (See also HE at 3-28, 3-29, and 3-30.) The need for a Greenlight Initiative vote was reiterated at the April 18, 2024, Planning Commission meeting, the staff report for which confirmed that "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." Indeed, as recently as June 2024, Newport Beach's own mayor publicly promised a Section 423 vote would take place to allow Newport Beach's citizens to decide whether to approve the Land Use Element Update and Zoning Amendments. According to the last published City Council meeting schedule, the City Council is expected to consider adopting the required steps to implement the approved Housing Element Land Use Element, Zoning Amendments, and certify the Program EIR on July 23, 2024, or as soon thereafter as may be heard. Nevertheless, we understand that City decisionmakers and/or staff, including the City Manager, have recently questioned whether a Charter Section 423 vote is required for the City to adopt the Land Use Element and Zoning Amendments. To that end, Attachment O to the Agenda for the July 23, 2024, City Council meeting proposes seeking an amendment to the HE that would allow the City to evade the required Section 423 vote. The City s recent position contradicts the numerous public statements from City officials over the past year. II. Section 423 prevents the City from adopting major amendments to the General Plan, which includes amending the General Plan to authorize thousands of new housing units. It is clear that a Section 423 vote is required for the City to adopt the Land Use Element Update and Zoning Amendments, in order to implement the HE. Indeed, for nearly two years, the City and HCD consistently interpreted Charter Section 423 to require that the HE implementation plans be put to a vote. Moreover, California law requires complying with Section 423 here, as California courts give great deference to voter -approved initiatives, and regularly reject efforts to block popular votes. See, e.g., Associated Home Builders etc., Inc. v. City of Livermore, 18 Cal. 3d 582 (1976) (when weighing the tradeoffs associated with local voter initiative power, courts are obligated to resolve doubts in favor of the exercise of the right whenever possible); California 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 July 22, 2024 Page 4 Cannabis Coal. v. City of Upland, 3 Cal. 5th 924, 933 (2017) (noting same); Brookside Invs., Ltd. v. City of El Monte, 5 Cal. App. 5th 540, 552 (2016) ("the exercise of the initiative power is entitled to `significant weight and deference by the courts."'). Further, absent a finding of clear invalidity, courts typically handle disputes about the effect of voter approvals and disapprovals after the vote occurs. Brosnahan v. Eu, 31 Cal.3d 1, 4 (1982) ("it is usually more appropriate to review constitutional and other challenges to ballot propositions or initiative measures after an election rather than to disrupt the electoral process by preventing the exercise of the people's franchise, in the absence of some clear showing of invalidity."); Legislature v Deukmejian, 34 Cal. 3d 658 (1983) (same). Given this dispositive judicial precedent, and the City's previous admissions that a vote under Section 423 is required to adopt the Land Use Element Update and Zoning Amendments, the City must submit these amendments to the citizens of Newport Beach for a vote. Any attempt to circumvent Section 423 will be rejected by the court. Moreover, even if voters disapprove the City's proposed Land Use Element and Zoning Amendments, the City could still adopt a different, "by -right" housing program (as suggested by HCD) for the RHNA-required units only, which the City could use to satisfy the HE and comply with RHNA. Alternatively —as the City recognizes in the HE —the City could revise the General Plan and Zoning Amendments and seek a second Section 423 vote; and the City could request an opinion from the State Attorney General's Office if that second vote fails. In short, there is no excuse for failing to submit these amendments to the voters under Section 423. Further, the City is required to implement its Sixth Cycle Housing Element, which itself has a multiple page discussion of how Charter Section 423 applies to the forthcoming Land Use Element Update and Zoning Amendment, and how the Sixth Cycle Housing Element could be implemented under Section 423. See, e.g., HE at p. 4-3 (implementation action for Housing Policy 1.1 includes a vote of the electorate pursuant to Charter Section 423"). Since the City's Sixth Cycle Housing Element was approved by HCD, the City is required to implement it strictly. Finally, the City's Land Use Element Update and Zoning Amendments deviate substantially from the certified HE by excluding from the residential unit allocations for each sub -area both density bonus units and accessory dwelling units. The state mandate requires 4,845 units, while the proposed Land Use Element Update and Zoning Amendments seek to add between 8,000 and 10,000 units, more than double the state mandate. Nowhere does the certified HE recognize that density bonus and/or by -right units would be permitted above and beyond the RHNA allocations in the HE, including the subtotals in each Focus Area. The City's residents therefore have an absolute right to consider (and approve) any amendment that has the potential to far exceed the City's Sixth Cycle RHNA mandate and drastically alter the character of Newport Beach. 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 July 22, 2024 Page 5 III. The California Department of Housing and Community Development will review the Land Use Element Update and Zoning Amendments for Consistency with the Certified HE. Any attempts by the City to shirk its obligations under the HE as submitted to the HCD— including any attempts to avoid a Section 423 vote —will trigger a re -review by the HCD and possible decertification of the HE. As HCD stated in its October 5 Letter: Government Code section 65585(i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government's actions do not comply with state law. (Oct. 25, 2022, HCD Ltr. at 2 (emphasis added).) As explained above, one of the programs the City submitted to the HCD and that the HCD specifically identified in its letter was "Policy Action I to 1F (Adequate Sites to Accommodate the 2021- 2029 RHNA), Initiating a Ballot Measure for a Charter Section 423 Vote by September 2023." (Id. at 1.) HCD is therefore required to "review any action or failure to act" that is inconsistent with a local agency's adopted housing element or State Housing Element Law generally, "including any failure to implement a [rezoning program]." If the City fails to act, or acts in a manner inconsistent with the programs and plans of the certified HE, it will almost certainly be met with written findings from HCD detailing those violations. Here, if the City Council adopted a zoning ordinance that was wholly inconsistent with its Housing Element, or failed to do so by the February 2025 deadline, HCD could "de -certify" the City's Housing Element. HCD has established precedent for this in other jurisdictions that failed to timely adopt rezoning ordinances. See, HCD, Portola Valley Housing Element Implementation — Corrective Action Letter (Feb. 5, 2023), available at https://www.hcd.ca.gov/sites/default/ files/docs/planning-and-community/HAU/portola-valley-corr-action- 020524.pdf ("Based upon communications received from the Town that it does not intend to adopt required rezones until late March of 2024, HCD finds that the Town has failed to implement these program actions within the statutorily required timeframe."). The City should therefore submit the Land Use Element Update and Zoning Amendments to a vote under Section 423, or risk the HCD's decertification of the City's HE and possible litigation with the State of California. IV. The California Department of Housing and Community Development will likely object to transferring units from one Focus Area to another Focus Area. HCD is already likely to object to the Land Use Element Update and Zoning Amendments if the City proceeds to reallocate units from one Focus Area to another Focus Area. HCD has consistently maintained that California's affirmatively furthering fair housing ("AFFH") law requires cities to disperse affordable units throughout the community, as opposed to concentrating new units (including affordable units) in one area of the City. (See, e.g., HCD, AB 686 Summary of 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 July 22, 2024 Page 6 Requirements in Housing Element Law (Apr. 23, 2020) (Cities must "[e]nsure that sites zoned to accommodate housing for lower -income households are not concentrated in lower resource areas and segregated concentrated areas of poverty, but rather dispersed throughout the community, including in areas with access to greater resources, amenities, and opportunity." (emphasis added).) For example, if a city proposed to concentrate the vast majority of new RHNA units in one area of the City, HCD typically disapproves that HE as a discriminatory practice which conflicts with AFFH mandates. Here, HCD expressly required and the City confirmed in its certified HE that both market rate and affordable housing units would be dispersed throughout the City, as specified for each Focus Area. While HCD could overlook de minimus or even modest modifications of the sub -area development capacities as compared to those in the City's certified HE, any Land Use Element Update and Zoning Amendments that allow the City to transfer an unlimited number of market rate or affordable units in one geographic sub -area would not pass muster with HCD, based on HCD's track record of rejecting housing elements that allow for concentration, rather than dispersal, of housing units. V. Any attempt to conduct a sham election under Section 423 based on false or misleading ballot statements violates California law. Based on the published agenda for the City Council's July 23, 2024, meeting, the City Council appears ready to consider conducting an election under Section 423 using proposed ballot language that violates California law. California's Elections Code § 13119(c), mandates that any statement of a measure submitted to voters "shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure." (Emphases added.) The proposed Section 423 ballot measure posted as Attachment G to Item 23 on the Council's July 23 agenda is argumentative, highly inflammatory, and so overtly biased it appears to have been drafted by the developers themselves. The language of the proposed ballot initiative states: Shall the General Plan's Land Use Element be amended so the City of Newport Beach can avoid fines of up to $600,000 per month, losing local control over land use decisions, suspension of authority to issue building permits, and access to state funding, by adding the following State of California mandated residential housing opportunity units in Coyote Canyon (1,530), Dover-Westcliff (521), West Newport Mesa (1,107), the Airport Area (2,577), and Newport Center (2,439)? (July 23, 2024, City Council Agenda, Item 23, Att. G, at 23-258 ("Proposed Initiative").) The Proposed Initiative's language is not true or impartial. The Proposed Initiative suggests the City will be subjected to fines if a citizen votes "no." This is false, however, as there are numerous options for the City if citizens reject the Proposed Initiative before the City would begin incurring fines. Additionally, this language improperly conflates the requirement that the City adhere to California law regarding additional housing with the Council's desire to increase development far beyond what the State requires. Specifically, California mandates 4,845 units, while the Proposed Initiative seeks to add 8,174 units, nearly double the State's mandate. The Proposed Initiative's language deceives Newport Beach's voters by suggesting that the additional development beyond the 4,845 required is 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 July 22, 2024 Page 7 necessary to avoid the City's being fined. This is false and misleading, in plain violation of California Elections Code § 13119(c. The Proposed Initiative's language is also argumentative and likely to create prejudice in favor of the Proposed Initiative, which also violates the Elections Code. For example, the language contains inflammatory and incendiary commentary about the "parade of horribles" that will befall the City and its residents if the voters reject the Proposed Initiative, i.e., that Newport Beach will be fined and will "los[e] local control over land use decisions," have its "authority to issue building permits" suspended, and lose "access to state funding." Beyond just being misleading (at best), this language is crafted with the sole purpose of frightening the average voter into believing that they must approve the Proposed Initiative or will lose all control over future land use decisions in Newport Beach. This language presents voters with a false dichotomy designed to cause alarm over Newport Beach's autonomy if they do not capitulate to the developers and approve the Proposed Initiative. Given the overtly prejudicial language, the Proposed Initiative is unlawful under Elections Code § 13119(c). If the City Council elects to disregard its obligations under Section 423 and unilaterally approves the proposed Land Use Element Update and Zoning Amendments, it will fundamentally change the fabric of Newport Beach governance, risk decertification of the City's Sixth Cycle Housing Element, and ensure extensive litigation between the City and its residents and/or the State of California. To that end, given that the language of Section 423 is clearly applicable here and the California case law is diapositive, if the City Council refuses to submit these amendments to a vote under Section 423, SPON will file a lawsuit seeking to compel a vote under Section 423 and enjoin the City's implementing its Land Use Element Update and Zoning Amendments. Likewise, if the City Council complies with its Section 423 obligations in bad faith by submitting a ballot initiative to the voters like the Proposed Initiative, containing argumentative, misleading, and incendiary language, SPON (and/or other concerned citizens and groups) will file a lawsuit, in which it is confident it will prevail. Neither the courts nor the voters will appreciate being lied to. In sum, California law and Section 423 require the City Council to submit its proposed Land Use Element Update and Zoning Amendments to the voters, and to do so in an honest, objective, and impartial manner. While SPON would rather work with the City Council to achieve the state - mandated developments while complying with Section 423, if the City Council does not comply with its legal obligations willingly, we will seek the courts' intervention to require the City Council's compliance. This would, among other things, be an unfortunate waste of taxpayer funds. 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 July 22, 2024 Page 8 cc: Joe Stapleton(jstapleton(a�ne)Uortbeachca.gov) Brad Avery (baveryknewportbeachca.gov) Erik Weigand (eweigandgnewportbeachca.gov) Robyn Grant (rfzrantknewportbeachca.gov) Noah Blom (nblom(&newportbeachca.gov) Lauren Kleiman (lkleimangnewportbeachca.gov) Aaron Harp (aharR@newportbeachca.gov) 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 From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Housing Plan agenda item 23 for meeting 7/23/24 Date: July 22, 2024 4:32:50 PM -----Original Message ----- From: Marilee Schneider <marileeschl@gmail.com> Sent: July 22, 2024 4:25 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Housing Plan agenda item 23 for meeting 7/23/24 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. My husband and I would like to see a vote on the November ballot for the housing plan. Thank you, Marilee and Doug Schneider Sent from my iPhone From: Lisa Sutton To: Dept - City Council; City Clerk"s Office Subject: Citizen public comments on 7/23/24 City Council Meeting agenda noted below. Date: July 22, 2024 4:51:18 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the safe. Please see my my comments to City Council on the item noted below (agenda item on City Council Meeting agenda 7/23/24) XVIII. PUBLIC HEARING (As noted on pages 14,15 & 16 of the City Council agenda for said meeting) 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element To Newport Beach City Council and City Clerk, I am asking the City Council to support a housing plan that limits/caps the zoning of new housing units within the City of Newport Beach, like many other Orange County cities have done — per Jeff Herdman's recent letter in stunewsnewpt.com. Throughout the General Plan and Housing Element Certification process, the citizens of Newport Beach were told that the new housing element and General Plan Update would be on the November ballot for a vote. As a resident and registered voter of our city, it is my voter right to request that our City Council allow the citizens of Newport Beach to vote this November on the city's proposed housing plan/General Plan Update ( as required by our city charter.) To do anything other than allow our citizens to vote would be misleading and just not right. Our vote is important for the principles of Democracy. This general plan process and the State RHNA housing mandates are a complicated and confusing subject for our residents. I have watched many City Council, Planning Commission, Advisory Committee to GP, and General Plan update meetings pertaining to the General Plan updates and Housing element proposals leading up to the Final Adopted and Certified 6th Cycle Housing Element (September 13, 2022) Despite all the effort to communicate to our Newport Beach residents, most people in our City and almost all of my neighbors have absolutely no idea about the sheer number of housing units being proposed or the proposed locations of these new dwelling units. In addition, most citizens have no knowledge of or foresight of the potential degrading and irreversible negative impacts this will have on public safety/crime, our quality of life, traffic congestion/noise, parking, and eventually government cost of support services to accommodate the added dwelling unit potential (resulting population increase) in our certified submitted housing element. Despite all the work and time in these City meetings --- the elephant in the room is where are the affordable units going to be built......... The real need is to figure out how the forced affordable units will be met, in addition to where and what developer is willing to build them. The current proposed updated GP does not guarantee affordable units will be built, and unfortunately could result in an even higher potential ultimate development count if not met and certified. I worked for one of the largest private residential developers in the US, and affordable units are a nightmare to pencil out as a builder. ADU's will not solve this problem. ADU's in high density areas of CDM will most likely ruin our already overly crowded neighborhoods and the City's aggressive support of 4++ ADU possibilities that our city currently allows as approvable development options will have unintended negative consequences. Parking is a nightmare and beginning to become unmanageable, especially during peak tourist and visitor months coupled with construction activity and home deliveries. Our City can't manage what is has going on now; I can't imagine what it will look like under the new development targets. History is filled with evidence of citizen apathy and ignorance surrounding significant decisions made that have irreversible negative impacts on our lives and our natural environment. As a community we cannot afford to not get this right. We should allow for careful consideration from our citizens, and despite all the effort the city says it has put into educating the community — it is a failure when most people are ignorant on this very important and impactful subject. As an example, the City Manager's update in the July 5th and July 19th Newport Beach Independent have absolutely no mention of the General Plan Update nor the important City Council meeting being held on July 23, 2024 to consider input and/or a vote on this subject matter. ADU's are mentioned, but not the General Plan or Community outreach on the potential 19,000+ dwelling units that could ruin our City forever. Lisa Sutton (20+ year homeowner and long term resident of Corona Del Mar, CA) From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Citizen public comments on 7/23/24 City Council Meeting agenda noted below. Date: July 22, 2024 4:51:41 PM From: Lisa Sutton <lasutton25@yahoo.com> Sent: July 22, 2024 4:51 PM To: Dept - City Council <CityCouncil@newportbeachca.gov>; City Clerk's Office <CityClerk@newportbeachca.gov> Subject: Citizen public comments on 7/23/24 City Council Meeting agenda noted below. ERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the is safe. Please see my my comments to City Council on the item noted below (agenda item on City Council Meeting agenda 7/23/24) XVIII. PUBLIC HEARING (As noted on pages 14,15 & 16 of the City Council agenda for said meeting) 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element To Newport Beach City Council and City Clerk, I am asking the City Council to support a housing plan that limits/caps the zoning of new housing units within the City of Newport Beach, like many other Orange County cities have done — per Jeff Herdman's recent letter in stunewsnewpt.com. Throughout the General Plan and Housing Element Certification process, the citizens of Newport Beach were told that the new housing element and General Plan Update would be on the November ballot for a vote. As a resident and registered voter of our city, it is my voter right to request that our City Council allow the citizens of Newport Beach to vote this November on the city's proposed housing plan/General Plan Update ( as required by our city charter.) To do anything other than allow our citizens to vote would be misleading and just not right. Our vote is important for the principles of Democracy. This general plan process and the State RHNA housing mandates are a complicated and confusing subject for our residents. I have watched many City Council, Planning Commission, Advisory Committee to GP, and General Plan update meetings pertaining to the General Plan updates and Housing element proposals leading up to the Final Adopted and Certified 6th Cycle Housing Element (September 13, 2022) Despite all the effort to communicate to our Newport Beach residents, most people in our City and almost all of my neighbors have absolutely no idea about the sheer number of housing units being proposed or the proposed locations of these new dwelling units. In addition, most citizens have no knowledge of or foresight of the potential degrading and irreversible negative impacts this will have on public safety/crime, our quality of life, traffic congestion/noise, parking, and eventually government cost of support services to accommodate the added dwelling unit potential (resulting population increase) in our certified submitted housing element. Despite all the work and time in these City meetings --- the elephant in the room is where are the affordable units going to be built......... The real need is to figure out how the forced affordable units will be met, in addition to where and what developer is willing to build them. The current proposed updated GP does not guarantee affordable units will be built, and unfortunately could result in an even higher potential ultimate development count if not met and certified. I worked for one of the largest private residential developers in the US, and affordable units are a nightmare to pencil out as a builder. ADU's will not solve this problem. ADU's in high density areas of CDM will most likely ruin our already overly crowded neighborhoods and the City's aggressive support of 4++ ADU possibilities that our city currently allows as approvable development options will have unintended negative consequences. Parking is a nightmare and beginning to become unmanageable, especially during peak tourist and visitor months coupled with construction activity and home deliveries. Our City can't manage what is has going on now; I can't imagine what it will look like under the new development targets. History is filled with evidence of citizen apathy and ignorance surrounding significant decisions made that have irreversible negative impacts on our lives and our natural environment. As a community we cannot afford to not get this right. We should allow for careful consideration from our citizens, and despite all the effort the city says it has put into educating the community — it is a failure when most people are ignorant on this very important and impactful subject. As an example, the City Manager's update in the July 5th and July 19th Newport Beach Independent have absolutely no mention of the General Plan Update nor the important City Council meeting being held on July 23, 2024 to consider input and/or a vote on this subject matter. ADU's are mentioned, but not the General Plan or Community outreach on the potential 19,000+ dwelling units that could ruin our City forever. Lisa Sutton (20+ year homeowner and long term resident of Corona Del Mar, CA) From: Biddle, Jennifer Sent: July 22, 2024 5:14 PM To: City Clerk's Office Subject: FW: Public Comments July 25 Agenda Item XVIII. #23 From: Karen Tringali <karen tringali@msn.com> Sent: July 22, 2024 5:13 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Public Comments July 25 Agenda Item XVIII. #23 OT CLICK Links or attachments unless you recognize the sender and know the On Tuesday July 25 you will be discussing the merits of two options that pertain to the Adopted and Certified 6th Housing Element. As I understand the context: Option 1: Pursuant to our City Charter, this housing element triggers the thresholds of density and traffic and thereby requires voter approval before it can be adopted into the General Plan's Land Use Element. Option 2: Amend the Housing Element language to remove the voter approval requirement so that City Council can make the decision. Given the magnitude of the State's mandated allotment for Newport Beach, the complexities and timeline required to obtain the State's certification of the Newport Beach Housing Element and the risk that NB voters don't understand all intricacies noted above, Council may well decide to take that responsibility out of voters' hands and make the call absent a public vote. Governance is a messy process and not every voter is on the "winning" side. And the consequences of a public vote can be dire in some cases. But Newport Beach has laws on its books and we are a city which prides itself for upholding the rule of law. I believe that a public hearing on whether to set aside the law "just for this special case" creates a precedence we may well regret the next time something "complex" may need a vote of the people. I have no interest in seeing our population swell by another 30-40K over the next decade or so, but I also believe that as voters we have the right to make a decision and have the responsibility to live with the outcome. Having a public hearing on this important exception to an existing law at this time in the process is alarming and unnerving. But it is the law we have today. Xaren-Yingali" Corona del Mar From: Biddle, Jennifer Sent: July 22, 2024 5:12 PM To: City Clerk's Office Subject: FW: Support for City Council to Approve General Plan From: Mark McCormick <markmc22@yahoo.com> Sent: July 22, 2024 5:11 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Support for City Council to Approve General Plan NOT CRC17717 3r attachments unless you recognize the sender and know the Dear Newport Beach City Council, For the sake of our community character and local control, the City Council should formally adopt its General Plan Update on July 23rd. As required by law, the Newport Beach City Council on September 13, 2022 approved the Newport Beach Housing Element. California law forced Newport Beach to create a plan to accommodate new housing within the City. The City spent years working with the community to comply with state mandates by focusing future housing in job centers, like the Airport Area, not neighborhoods. The City also simultaneously and vigorously fought these mandates in Sacramento. But those challenges — and those of dozens of other cities — have failed in both Sacramento and in the courts. With that said, the approved housing plan was the culmination of efforts by a 30-member General Plan Advisory Committee, the Planning Commission and the City Council in over more than a dozen public meetings. Now, almost two years later, and as a result of another extensive public review process, the Council will be fulfilling its obligation in adopting mandatory measures designed to implement the existing Housing Element. In fact, in this case, failure to adopt this citizen -driven plan on July 23 risks losing all local control on housing - including current restrictions on height, density and traffic trips. More on that in a minute. Some have opined that approval of the implementing elements should be on the upcoming November ballot. While that approach is certainly available, it is not required. Indeed, as a non -required step, it would be immensely risky. If a ballot measure fails, the State takes over our planning and we will lose local control almost immediately. We lose all local control and our community character could crumble. We cannot let this be our future and we cannot let our community's character be left to chance or Sacramento bureaucrats. With all of that in mind, I would respectfully recommend that the City Council formally on its own action adopt the required General Plan updates on July 23rd. Let's trust citizen - driven planning and our local elected leaders over Sacramento bureaucrats. Sincerely, Mark McCormick 5 Veneto Newport Coast, CA 92657 From: City Clerk's Office Sent: July 23, 2024 8:03 AM To: Mulvey, Jennifer Subject: FW: Follow the City Charter.... & Noah Blom RESIGN NOW From: Biddle, Jennifer <JBiddle@newportbeachca.cIov> Sent: Tuesday, July 23, 2024 8:02:59 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: Follow the City Charter.... & Noah Blom RESIGN NOW From: nospam181@yahoo.com <nospam181@yahoo.com> Sent: July 22, 2024 6:42 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Follow the City Charter.... & Noah Blom RESIGN NOW [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Follow the City Charter. We are in charge here, You are our employees, government workers. We decide by vote. NOAH BLOM HAS TO GO ..... this Smug Elitist government bureaucRAT has no Right to do what he is doing. RESIGN NOW or you will be removed by election Noah Blom Citizen of Newport Beach, CA From: City Clerk's Office Sent: July 23, 2024 8:03 AM To: Mulvey, Jennifer Subject: FW: Housing plan From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 8:02:43 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: Housing plan -----Original Message ----- From: cherie batcheller <cheriebatcheller3@gmail.com> Sent: July 22, 2024 6:30 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Housing plan [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Please let us follow the city charter and vote in november on the housing plan!!! This is our right! From: City Clerk's Office Sent: July 23, 2024 8:04 AM To: Mulvey, Jennifer Subject: FW: RHNA Housing From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 8:03:39 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: RHNA Housing -----Original Message ----- From: Carla Castellucci Gmail <carlaicastellucci@gmail.com> Sent: July 22, 2024 8:35 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: RHNA Housing [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello City Council Members, I am a resident of Newport Beach and property owner and am requesting you put the RHNA housing land use element on the November Ballot. This should not be the decision of the council members alone as it impacts all residents of Newport Beach and should be up to the citizens to decide. If it fails, it goes back to the council anyway, so please give residents a chance to make a decision for their town (not in the interests of developers, but of the actual residents who live, drive, go to school and work, pay taxes, and contribute to this amazing city). Thank you, Carla and Rob Castellucci 2644 Vista Ornada, Newport Beach, CA 92660 Carla Castellucci Director, Revenue Operations www.cvent.com P:571.830.2269 1 M: 703.798.1594 From: City Clerk's Office Sent: July 23, 2024 8:03 AM To: Mulvey, Jennifer Subject: FW: RHNA housing land use element on the November Ballot From: Biddle, Jennifer <]Biddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 8:03:22 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: RHNA housing land use element on the November Ballot From: Stephanie Hopkins <stevie.m.hop@gmail.com> Sent: July 22, 2024 7:21 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: RHNA housing land use element on the November Ballot [EXTERNAL EMAIL] DO NOT CLICK link ou recognize the sender and know the Hello City Council Members, I am a resident of Newport Beach and property owner and am requesting you put the RHNA housing land use element on the November Ballot. This should not be the decision of the council members alone as it impacts all residents of Newport Beach and should be up to the citizens to decide. If it fails, it goes back to the council anyway, so give the people a chance to make a decision for their town (not in the interests of developers, but of the actual residents who live, drive, go to school and work, pay taxes, and contribute to this amazing city). Thankyou, Stephanie Hopkins 2906 Quedada, Newport Beach, CA 92660 Stephanie Hopkins Sales, West Coast Seychelles and BC Footwear stevie.m.hODR-amail.com Cell: (714) 501-9280 From: City Clerk's Office Sent: July 23, 2024 8:05 AM To: Mulvey, Jennifer Subject: FW: Do the right thing Importance: High From: Biddle, Jennifer <JBiddle(a@newportbeachca.gov> Sent: Tuesday, July 23, 2024 8:04:57 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: Do the right thing From: Janice Carsten <ianice@Icarsten.com> Sent: July 23, 2024 7:25 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Do the right thing Importance: High [EXTER L] DO NOT CLICK links or attachments unless you recognize the sender and know the It is your legal and moral duty to follow the City Charter and give the voters of Newport Beach a voice in deciding our city's Housing Plan. Please put the Newport Beach Hosing initiative on the ballet so that Newport Beach citizens can vote on the city's Housing Plan, which affects us all. Thank you, Jan & Jeff Carstren From: City Clerk's Office Sent: July 23, 2024 8:05 AM To: Mulvey, Jennifer Subject: FW: Housing From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 8:04:32 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: Housing -----Original Message ----- From: MIKE GROFF <groffmanl@aol.com> Sent: July 23, 2024 7:09 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Housing [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Council, please support staying with the city charter requiring major housing decisions to be voted on by the residents of Newport Beach. 22 year homeowner owner. Thank you. Mike Groff 319 Alvarado Place Newport Beach Sent from my iPhone From: City Clerk's Office Sent: July 23, 2024 8:04 AM To: Mulvey, Jennifer Subject: FW: Support for City Council to Approve the General Plan From: Biddle, Jennifer <]Biddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 8:04:03 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: Support for City Council to Approve the General Plan From: Greg Reed <greg@goldenbearequities.com> Sent: July 22, 2024 11:21 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Support for City Council to Approve the General Plan [EXTERNAL E content is safe. Dear Newport Beach City Council, I am writing to advocate for the adoption of the General Plan Update on July 23rd to safeguard our community character and retain local control. The Newport Beach City Council approved the Housing Element on September 13, 2022, in response to state mandates. This plan, developed with significant community engagement, focuses future housing development in job centers like the Airport Area rather than in residential neighborhoods. Despite numerous efforts to contest these mandates in Sacramento, those challenges have been unsuccessful. The approved housing plan is the product of extensive collaboration among a 30-member General Plan Advisory Committee, the Planning Commission, and the City Council, with more than a dozen public meetings held. Now, nearly two years later, and following another rigorous public review process, the Council is prepared to adopt the necessary measures to implement the Housing Element. Failure to adopt this plan on July 23rd risks losing local control over housing, including current restrictions on height, density, and traffic trips. Some have suggested that the implementing elements be put on the November ballot. However, this step is not required and poses significant risks. If the ballot measure fails, the State will assume control of our planning, leading to an immediate loss of local authority and a potential erosion of our community character. Therefore, I strongly recommend that the City Council adopt the General Plan updates on July 23rd. Let us trust in citizen -driven planning and our local elected leaders rather than Sacramento bureaucrats. The last thing our amazing city needs is Sacramento controlling or dictating any element of the general plan. I'm humbled and blessed to live in the greatest city in California and I trust the City Council will keep it that way for decades to come in part by approving the general plan on July 23rd. Thank you for your time and efforts. Sincerely, Gregory I. Reed 1113 Kings Rd Newport Beach, Ca 92663 949 275 6939 July 23, 2024, City Council Agenda Comments The following comment on an item on the Newport Beach City Council agenda are submitted by: Jim Mosher (iimmosherCa_ yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element Given the length of the agenda, the normal Monday at 5:00 p.m. courtesy deadline for submitting comments passed before I could complete my thoughts about several items, including Item 23. I would like to add this supplement to my previous comments about the Greenlight vote and what is wrong with it, and suggest an improved ballot label. On page 3-30 of Section 3 (Housing Constraints and Resources) of our certified 6th Cycle Housing Element correctly states that "It is the duty of the City Council to place the increases in housing and the traffic generated before the voters of Newport Beach consistent with Charter Section 423." And Charter Section 423 certainly seems to require voters to be asked to approve General Plan amendments that will allow increases in traffic or housing or commercial development above the thresholds stated in it. Indeed, the stated purpose of Section 423 (see the attachment on page 12 of City Council Policy A-18) is "to give the voters the power to prevent Newport Beach from becoming a traffic -congested city, by requiring their approval for any change to the City's General Plan that may significantly increase allowed traffic." Yet, the proposed ballot label does not inform voters that in this case they are being asked to approve not only a housing increase over the threshold, but also traffic increases over the peak hour trip threshold. The traffic impact may possibly be addressed in a future City Attorney's impartial analysis, but so far, it is revealed only in Table 3 on page 23-11 of the present staff report, and it amounts to allowing up to an anticipated 3,270 new a.m. peak hour trips, and 4,169 new p.m. peak hour trips (compared to the Section 423 threshold of anything more than 100 new peak hour trips being significant). This can be compared to the previous Section 423 votes in the 24 years since Greenlight's adoption in 2000, of which, to the best of my recollection there has been only four (of which only Measure V passed): • Measure G (Resolution No. 2001-67) - the Koll Center expansion proposal • Measure L (Resolution No. 2004-69) - the Sutherland Talla Hospitality, Marina Park Resort and Community Plan proposal • Measure V (Resolution No. 2006-77) - the comprehensive General Plan update • Measure Y (Resolution No. 2014-68) - the Land Use Element refresh July 23, 2024, City Council agenda Item 23 comment - Jim Mosher Page 2 of 3 As can be seen from the resolutions, the ballot labels for the first two of these did not mention traffic impacts, but the latter two City -initiated General Plan amendments, which are most similar to the present extensive Land Use Element changes, did (albeit in terms of "average daily vehicle trips" rather than in terms of Section 423's "peak hour trips"). Measure V in 2006: MEASURE Amendment of the Newport Beach General Plan, Land Use Element Shall the Land Use Element of the Newport Beach General Plan be amended to provide for a reduction of non-residential development square footage by 375.782 square feet, while concurrently increasing the number of residential dwelling units by 138 knits, resulting in a reduction of an estimated 2,922 average dally vehicle trips? Measure Y in 2014: MEASURE Amendment of the Newport Beach General Plan, Land Use Element Shall the Land Use Element of the Newport Beach General Plan be amended to provide for a reduction of non-residential development square footage by 375,782 square feet, while concurrently increasing the number of residential dwelling units by 138 units, resulting in a reduction of an estimated 2,922 average daily vehicle trips? YES NO YES O In my previous comment I suggested the ballot label proposed for the present measure seemed biased in favor of a "yes" vote, and did not seem to comport with the Elections Code Subsection 13119 c requirement to "be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure." I failed to suggest an alternative. July 23, 2024, City Council agenda Item 23 comment - Jim Mosher Page 3 of 3 Considering the present proposal is certainly not the one and only way of meeting the City's RHNA requirement, and that the sanctions that might result from a "no" vote are speculative and not certain (and could eventually happen even with a "yes" vote), I believe something like the following 75 words would be less argumentative or prejudicial, and more in keeping with the way Measures V and Y were presented, : "Shall the General Plan's Land Use Element be amended by adding housing opportunity units in Coyote Canyon (1,530), Dover-Westcliff (521), West Newport Mesa (1,107), the Airport Area (2,577), and Newport Center (2,439), potentially generating 3,270 new a.m. and 4,169 p.m. peak hour trips, as a way of fulfilling the City's state -mandated Regional Housing Needs Allocation, and as may be needed to avoid state sanctions against the City?" Or, if the Council, rather cynically, can suggest it is OK to mention the citizens' overarching interest in traffic when the prediction is the measure it wants a "yes" vote on will result in a reduction, but not when it will result in an increase, something like the following would, at least, be less prejudicial: "Shall the General Plan's Land Use Element be amended by adding residential housing opportunity units in the Housing Element's Coyote Canyon (1,530), Dover-Westcliff (521), West Newport Mesa (1,107), the Airport Area (2,577), and Newport Center (2,439) focus areas, as a way of fulfilling the City of Newport Beach's State of California mandated Regional Housing Needs Allocation, and as may be needed to avoid state sanctions against the City?" I suspect it is beyond the powers of the Council to dictate the exact language of the ballot label. But the Council does have the power to put it on the ballot or not, and I would think it can wait until it has something better (and less likely to invite a challenge) to consider. From: City Clerk's Office Sent: July 23, 2024 10:49 AM To: Mulvey, Jennifer Subject: FW: I support adopting the General Plan update. From: Ant miller <millerant9660)gmail.com> Sent: Tuesday, July 23, 2024 10:49:00 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: I support adopting the General Plan update. RNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the City Councilmembers: I am writing to ask that the City Council vote to adopt the General Plan update at TONIGHT's meeting, July 23, 2024. This is SO IMPORTANT for those of us who live here and love the community the way it is. The people of Newport Beach have been personally involved in this for several years and TONIGHT it is time to approve it and move on. I am in support of the General Plan. Please vote to adopt tonight. Sincerely, P.D. Miller miIlerant966@gmail.com From: City Clerk's Office Sent: July 23, 2024 10:30 AM To: Mulvey, Jennifer Subject: FW: meeting tonight concerning housing expansion decisions From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 10:30:15 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: meeting tonight concerning housing expansion decisions -----Original Message ----- From: Lynn Friedman <haus2ful@gmail.com> Sent: July 23, 2024 10:28 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: meeting tonight concerning housing expansion decisions [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear City Council Members, Thank you for doing your job and representing us, the constituents of the City of Newport Beach. We have been given a requirement by the state to build more than 4,800 more homes. A huge amount and more than our city can handle well. I agree to fight to lessen the number we build her in our city. I do NOT agree that it is up to the City Council to determine what his built but it is up to the residents to decide. We, the residents, need to vote to make the decision, not you. Do NOT eliminate Greenlight and take the power into your own hands. That is NOT how our city has run or should run in the future. Thank you for listening and representing us, the constituents of NB. Lynn Friedman 3704 Channel PI NB 92663 From: City Clerk's Office Sent: July 23, 2024 9:59 AM To: Mulvey, Jennifer Subject: FW: Voting From: Biddle, Jennifer <]Biddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 9:59:17 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: Voting From: Elisabeth Hau <jetski1458@yahoo.com> Sent: July 23, 2024 9:45 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Voting [EXTERNAL EMAIL] DO NOT CLICKi}IIFF91111IMchments unless you recognize the sender and know the Good Morning, I'm supporting a vote of the people of Newport Beach in Nov. on the City's proposed housing plan. Again a insincere politician like Noah Blum want's to take away our right to vote on the housing plan. He must have deep pockets. I hope all of our Council members will do the right thing, and preserve and protect our precious community. And not give way to personal gains, circumvent the City Charter for Housing Planing. I also know so do my friends not to vote for Noah Blum. Have a nice day Elisabeth Hau 949.642.0665 Change your Water, Change your Life! www.HauWaterHelps.com Order your free 14 page EBOOK watch a video: www.kangendemo.com From: City Clerk's Office Sent: July 23, 2024 9:30 AM To: Mulvey, Jennifer Subject: FW: Please approve General Plan Update on July 23rd From: Kari M <portskari5@gmail.com> Sent: Tuesday, July 23, 2024 9:28:48 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: Please approve General Plan Update on July 23rd RNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the Dear City Council. As a long-time Newport Beach resident who loves living here, I urge the City Council to approve the General Plan tonight, July 23. It is time to move forward with our General Plan and formally put in the safeguards that will preserve our community character and make sure we do not lose control to the Sacramento bureaucrats and risk having the state mandate high density, high-rise projects in Newport Beach. Kari M. From: City Clerk's Office Sent: July 23, 2024 9:17 AM To: Mulvey, Jennifer Subject: FW: Housing Plan From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 9:17:10 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: Housing Plan -----Original Message ----- From: Laurie Graves <laurie.p.graves@gmail.com> Sent: July 23, 2024 9:10 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Housing Plan [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Newport Beach City Council We have the right to vote on the housing plan. Please put it on the November ballot. Laurie Graves Sent from my iPhone From: City Clerk's Office Sent: July 23, 2024 9:17 AM To: Mulvey, Jennifer Subject: FW: City Housing Plan From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 9:16:52 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: City Housing Plan From: Jeffrey Long <Detroit195@iCloud.com> Sent: July 22, 2024 1:32 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: City Housing Plan [EXTERNAL EMAIL] DO NOT CLICK Links or attachments unless you recognize the sender and know the content is safe. Please follow the City Charter. We should be allowed to vote on this in November concerning the city's Housing Plan. Sincerely, Jeffrey Long 21 Lochmoor Lane Newport Beach, CA 92660 Mobile 949.278.0004 From: City Clerk's Office Sent: July 23, 2024 8:46 AM To: Mulvey, Jennifer Subject: FW: Right to Vote From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 8:46:15 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: Right to Vote -----Original Message ----- From: Wendy Franked <weafrank@road run ner.com> Sent: July 23, 2024 8:17 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Right to Vote [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. City Council, We support to have the right to vote. Our city council has become draconian, to use their word describing the state, to make all decisions in this city without regarding all residents. Our city council does not represent all residents and we want the right to vote. Wendy Frankel 131 39th Street Newport Beach Sent from my iPhone From: City Clerk's Office Sent: July 23, 2024 12:56 PM To: Mulvey, Jennifer Subject: FW: Support for City Council to Adopt General Plan From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 12:56:04 PM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: Support for City Council to Adopt General Plan -----Original Message ----- From: Brian Sperry <brian.sperrv@me.com> Sent: July 23, 2024 12:54 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Support for City Council to Adopt General Plan [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Newport Beach City Council, I urge you to adopt the General Plan Update on July 23rd to preserve our community's character and maintain local control over housing decisions. As you are aware, the Newport Beach City Council approved the Housing Element on September 13, 2022, as required by California law. This plan was formulated over several years with extensive community input to comply with state mandates, directing future housing development to job centers such as the Airport Area rather than neighborhoods. Despite significant efforts to challenge these mandates in Sacramento, these challenges have not been successful. The housing plan reflects the collaborative efforts of a 30-member General Plan Advisory Committee, the Planning Commission, and the City Council, who engaged in over a dozen public meetings. Now, nearly two years later, following a comprehensive public review process, the Council is poised to adopt the mandatory measures to implement the Housing Element. Failing to adopt this citizen -driven plan on July 23rd risks losing all local control over housing, including existing restrictions on height, density, and traffic trips. While some have proposed placing the implementing elements on the November ballot, this is not a required step and introduces unnecessary risks. Should the ballot measure fail, the State will take over our planning, resulting in an immediate loss of local control and a potential degradation of our community character. Therefore, I respectfully recommend that the City Council adopt the General Plan updates on July 23rd. We should place our trust in citizen -driven planning and our locally elected leaders over state bureaucrats. Sincerely, Brian Sperry Newport Beach Resident & Homeowner From: City Clerk's Office Sent: July 23, 2024 11:23 AM To: Mulvey, Jennifer Subject: FW: Support for City Council to Approve General Plan From: Biddle, Jennifer <]Biddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 11:22:44 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: Support for City Council to Approve General Plan From: John Pomer <johnpomer@gmail.com> Sent: July 23, 2024 11:18 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Support for City Council to Approve General Plan [EXTERNAL E content is safe. Dear Newport Beach City Council, I am writing to express my support for the adoption of the General Plan Update on July 23rd to ensure the preservation of our community character and local control. On September 13, 2022, the Newport Beach City Council approved the Newport Beach Housing Element, as required by California law. This plan was developed with extensive community input to comply with state mandates, focusing future housing in job centers like the Airport Area rather than neighborhoods. Despite numerous attempts to challenge these mandates in Sacramento, these efforts have failed both legislatively and in the courts. The housing plan is the result of the work of a 30-member General Plan Advisory Committee, the Planning Commission, and the City Council, all of whom participated in more than a dozen public meetings. Now, almost two years later, following another comprehensive public review process, the Council is ready to adopt the mandatory measures to implement the Housing Element. Failure to adopt this citizen -driven plan on July 23rd risks losing all local control over housing, including current restrictions on height, density, and traffic trips. While some have suggested placing the implementing elements on the November ballot, this is an unnecessary and risky step. If the ballot measure fails, the State will take over our planning, and we will lose local control almost immediately, jeopardizing our community character. To avoid this outcome, I respectfully recommend that the City Council adopt the required General Plan updates on July 23rd. Let's place our trust in citizen -driven planning and our local elected leaders over state control. Thank you for your time and commitment to our community. John Pomer 949-887-0959 From: City Clerk's Office Sent: July 23, 2024 11:22 AM To: Mulvey, Jennifer Subject: FW: General plan update From: Biddle, Jennifer <]Biddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 11:22:01 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: General plan update From: papazisjn@gmail.com <papazisjn@gmail.com> Sent: July 23, 2024 10:41 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: General plan update [EXTERNAL E content is safe. Dear Newport Beach City Council, I urge you to formally adopt the General Plan Update on July 23rd to preserve our community character and maintain local control. On September 13, 2022, the Newport Beach City Council approved the Newport Beach Housing Element, as mandated by California law. This plan was developed over several years with significant community input to comply with state mandates, focusing future housing in job centers like the Airport Area rather than neighborhoods. Despite extensive efforts to challenge these mandates in Sacramento, these challenges have been unsuccessful. The housing plan is the result of efforts by a 30-member General Plan Advisory Committee, the Planning Commission, and the City Council, all of whom participated in over a dozen public meetings. Now, almost two years later, after another extensive public review process, the Council is ready to adopt the necessary measures to implement the Housing Element. Failure to adopt this plan on July 23rd risks losing all local control over housing, including current restrictions on height, density, and traffic trips. Some have suggested placing the implementing elements on the November ballot, but this is a risky and unnecessary step. If the ballot measure fails, the State will take over our planning, and we will lose local control almost immediately, putting our community character at risk. To prevent such a future, I respectfully recommend that the City Council adopt the required General Plan updates on July 23rd. Let's trust in citizen -driven planning and our local elected leaders. Sincerely, James Papazis Sent from James Papazis's Phone From: City Clerk's Office Sent: July 23, 2024 2:22 PM To: Mulvey, Jennifer Subject: FW: Agenda Item No. 23 Housing Element Implementation Attachments: R Rubino —Letter to City Council_Agenda Item 23 Houuing Element.pdf From: Ron Rubino <ron(a)eastblufP.net> Sent: Tuesday, July 23, 2024 2:21:55 PM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov>; Dept - City Council <CityCouncil@newportbeachca.gov> Cc: Zdeba, Benjamin <bzdeba@newportbeachca.gov>; Murillo, Jaime <JMurillo@newportbeachca.gov>; Jurjis, Seimone <siuriis@newportbeachca.gov> Subject: Agenda Item No. 23 Housing Element Implementation [EXTERN content is Good afternoon City Clerk and City Council members. erand know the This is Ron Rubino. I have been a HOA Board Director of the Eastbluff Homeowners' Community Association for 10 years and Newport Beach resident for 37 years with my wife Sharon Esterley. I am sending this email to express recommendations for the decision tonight on the Housing Element issue Agenda Item #23. I recommend the City Council vote to approve "Option No 2", which removes the need for Charter Section 423 voter approval of the implementation plan. The letter that follows provides an explanation of my thoughts on the matter and research I completed. I believe the City's Planning Department has done an excellent job navigating the City Council and residents through the General Plan and Housing Element processes. It is a very complex undertaking and the many public committee meetings and workshops are appreciated. The units mandated under the State's RHNA mandate and the various income levels is a real challenge in our city of high land values and no open land for new tracts. We are now in a "redevelopment" mode and creative solutions are required. As you will read in my attached letter, I favor exploring alternatives for site specific affordable housing projects, use process improvements and simplification for city permits for affordable units, (like the current ADU's processes), reduce permit fees, and inclusionary affordable housing requirement for projects of 50 or more units. Exclusive use of density bonus to provide an incentive for the private sector to include affordable units is problematic and results in an increased number of units across the board. Thank you for considering my input. IROTV Ron Rubino Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 July 23, 2024 Dear NB Friends and Neighbors, I have followed the development of the City's General Plan and related Housing Element for the past 4 years. Recently I have reviewed and asked knowledgeable people their opinion and insights into how the final Housing Element numbers of units were determined and allocated to each planning zone. I had questions regarding the units considered in the "pipeline" and the impact on total units by density bonuses. I wanted to have a clear understanding of what the potential total units were being approved in the General Plan. There is a City Council meeting tonight to consider approval steps to implement the Housing Element. The staff report and attachments are available online at the city's web site. 7/23/2024 City Council Meeting o Study Session will begin at 4:00 p.m. o Closed Session will follow Study Session o Regular meeting will begin at 6:00 p.m. I encourage all Newport resident to read this material and express your view to the City Council. The approval of the final "Housing Element Implementation Plan" is under discussion. The City Council is also asked to determine if a ballot measure under City Charter 423 (Greenlight) is required. I have reviewed prior city reports, attended General Plan workshops, discussed pros and cons of voting or not voting on the final Housing Element with experience city staff and city council members. My most recent effort was a workshop meeting with City Planning staff to gain a better understanding of the State mandate deadlines for completion, penalties for noncompliance, rationale on the "buffer units" and application of the "high -density bonus units" in our plan. Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 This review has convinced me to request the City Council vote to approve "Option No 2", which removes the need for Charter Section 423 voter approval of the implementation plan. This action is needed to complete the Housing Element and file with the state in time to meet mandated completion dates for our 2021 to 2029 - 6th cycle General Plan Update. Missing this deadline to avoid potential penalties and further loss of local control. The General Plan Update and Housing Element are required to meet state mandates aimed to increase affordable housing in all California cities. Newport Beach was assigned a new potential housing unit goal of 4,485 RHMA mandated units. Over the past 4 yes public workshop and City Council study sessions have been conducted and they resulted in adoption of the Newport Beach Housing Element for 2021-2029 on September 13, 2022. Our City's plan approved by the state provides a list of potential development sites in different zones of the city. The breakdown of units by income categories approved by the City and State for Newport Beach as part of the Housing Element after extensive public participation is: 1,456 Very low-income residents (VL) 1,456 930 units for low- income residents (L) 930 1,050 units for moderate income residents (M) 1,409 units for above -moderate income residents (AM) Total 4,845 units The deadline to complete the remaining implementation plan details and file with the State is mid Feb 2025. The planning zones and unit allocations were previously approved by City Council after extensive public participation. The city will be compliant with the State mandate if the Implementation Plan being considered tonight is approved, finished and submitted to the State by the mid -February deadline.. Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 I now have a better understanding of the logic which city staff has used to create the proposed number of units and categories of affordability. The city does get credit for existing new housing units described as the "pipeline.' The pipeline units do not increase State -mandated units. They decrease all units across the board, but have a limited impact on the affordable categories, leaving 2,707 affordable units remaining that must be accommodated and planned for. These projects can potentially reduce the number of new housing units needed but must include affordable housing at the units assigned to the zone in which they are permitted. If the required affordable units are not in these developments, they remain a mandate and must be allocated within the remaining units to make up the shortfall. The city must show the state they have adequate units in the plan to reach very low (VL), low (L), and moderate (M) priced affordable priced unit goals. An annual status report must be submitted to the State to report progress, and if it is viewed by the State that the remaining proposed units cannot be achieve in the housing planning cycle, the State Housing authorities can rule the City's plan is out of compliance and require an amendment to the General Plan and Housing Element under tight time constraint. If the city does not comply severe financial and operational penalties can be imposed. At this time new proposed development projects in Newport Beach are not required to include affordable VL, L and M priced units. Newport Beach does not have a minimum inclusionary requirement for affordable units in new development projects. The use of density bonus" is the state's prescribed methodology to give an incentive for the private sector to include these affordable units. This has the result of increasing the total number of units to gain required affordable unit such as when density of 50 units per acre is increased 50% to 75 units per acre. The city's charter requirement (Greenlight) for a ballot measure for voter approval of residential construction of 100 units or more creates a timing problem. If residents vote no on the plan, Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 insufficient time exists to amend the plan with public input and council approvals and have a second election. City staff has included "Option No. 2" in the agenda staff report. This approach approves the necessary implementation requirements, but also includes a finding which makes the final implementation steps a " Narrowly Focused Amendment" and makes charter section 423 voter approval not required. Many residents are opposed to not having the entire Housing Element plan approved by voters. I understand the desire to retain local control that was achieved by the Green light iniatives. I now have come to realize that ballot approval of the Housing Element implementation plan is not required. If a no vote were to result, there is not sufficient time to modify the plan, conduct public hearings and conduct a second ballot measure. At that point, the noncompliance penalties would apply and that is an extremely bad result for our city. The State has reported extension of time to submit the completed Housing Element Plan will not be granted. I also now believe the state's RHNA imposed mandate is a permanent land use requirement and the community needs to find different methods to review projects and encourage VL, L and M priced units to be included. Not approving and filing an approved "General Plan Housing Element" to implement the 6th Cycle Housing Element would make the city noncompliant. The State imposed penalties would apply and could result in the "Builders' Remedy" being activated. This would result in automatic approval of building permit applications, even if they do not comply with City zoning, setback, height regulations and design guidelines. This unchecked building permit process under the Builders" Remedy would result in housing plans being implemented which residents and the city would normally oppose. Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 This is "Catch 22" for the city. While a ballot measure was a hard-fought victory for residents in the past, the new state managed general plan process and required RHMA units makes this not feasible for this final Housing Element Implementation Plan approval. I believe the City Council in the future could create incentives for VL, L and M priced affordable housing at specific sites in our development plan that would reduce the need to rely on density bonus units incentive. This includes a minimum inclusion requirement for all large projects over 50 units. This is an action the community should investigate and encourage. I believe the exclusive use of bonus density units as an incentive for moderate priced units is not adequate and problematic. It results in more across the board units being built than the city can comfortably absorb and support in a planning cycle. It would be helpful if City Planning staff and Council members explain to the public this is a State caused emergency and we do not want the Builders' Solution under any circumstance to apply. Further, as units are approved for VL, L and M priced units, the bonus density is less likely to be used. I agree with stated strategies in the Housing Element including incentives for affordable housing need to be utilized, identifying specific projects to an individual location, streamlining permit process and reducing fees for affordable housing projects, obtaining funding/financial assistance and creating private sector workforce housing projects using permit fees and private donations to get started. I recommend residents attend Tuesday's city council work session at 4 pm to see if staff and city council address these issues and the need to finalize the Housing Element Implementation Plan. Thank you. Ron Rubino 2845 Alta Vista Dr Newport Beach, CA 92660 Board of Director member for 10 years Eastbluff Homeowners Community Association NB Homeowner 37 Years From: City Clerk's Office Sent: July 23, 2024 2:22 PM To: Mulvey, Jennifer Subject: FW: Agenda Item No. 23 Housing Element Implementation Attachments: R Rubino —Letter to City Council_Agenda Item 23 Houuing Element.pdf From: Ron Rubino <ron(a)eastblufP.net> Sent: Tuesday, July 23, 2024 2:21:55 PM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov>; Dept - City Council <CityCouncil@newportbeachca.gov> Cc: Zdeba, Benjamin <bzdeba@newportbeachca.gov>; Murillo, Jaime <JMurillo@newportbeachca.gov>; Jurjis, Seimone <siuriis@newportbeachca.gov> Subject: Agenda Item No. 23 Housing Element Implementation [EXTERN content is Good afternoon City Clerk and City Council members. erand know the This is Ron Rubino. I have been a HOA Board Director of the Eastbluff Homeowners' Community Association for 10 years and Newport Beach resident for 37 years with my wife Sharon Esterley. I am sending this email to express recommendations for the decision tonight on the Housing Element issue Agenda Item #23. I recommend the City Council vote to approve "Option No 2", which removes the need for Charter Section 423 voter approval of the implementation plan. The letter that follows provides an explanation of my thoughts on the matter and research I completed. I believe the City's Planning Department has done an excellent job navigating the City Council and residents through the General Plan and Housing Element processes. It is a very complex undertaking and the many public committee meetings and workshops are appreciated. The units mandated under the State's RHNA mandate and the various income levels is a real challenge in our city of high land values and no open land for new tracts. We are now in a "redevelopment" mode and creative solutions are required. As you will read in my attached letter, I favor exploring alternatives for site specific affordable housing projects, use process improvements and simplification for city permits for affordable units, (like the current ADU's processes), reduce permit fees, and inclusionary affordable housing requirement for projects of 50 or more units. Exclusive use of density bonus to provide an incentive for the private sector to include affordable units is problematic and results in an increased number of units across the board. Thank you for considering my input. IROTV Ron Rubino Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 July 23, 2024 Dear NB Friends and Neighbors, I have followed the development of the City's General Plan and related Housing Element for the past 4 years. Recently I have reviewed and asked knowledgeable people their opinion and insights into how the final Housing Element numbers of units were determined and allocated to each planning zone. I had questions regarding the units considered in the "pipeline" and the impact on total units by density bonuses. I wanted to have a clear understanding of what the potential total units were being approved in the General Plan. There is a City Council meeting tonight to consider approval steps to implement the Housing Element. The staff report and attachments are available online at the city's web site. 7/23/2024 City Council Meeting o Study Session will begin at 4:00 p.m. o Closed Session will follow Study Session o Regular meeting will begin at 6:00 p.m. I encourage all Newport resident to read this material and express your view to the City Council. The approval of the final "Housing Element Implementation Plan" is under discussion. The City Council is also asked to determine if a ballot measure under City Charter 423 (Greenlight) is required. I have reviewed prior city reports, attended General Plan workshops, discussed pros and cons of voting or not voting on the final Housing Element with experience city staff and city council members. My most recent effort was a workshop meeting with City Planning staff to gain a better understanding of the State mandate deadlines for completion, penalties for noncompliance, rationale on the "buffer units" and application of the "high -density bonus units" in our plan. Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 This review has convinced me to request the City Council vote to approve "Option No 2", which removes the need for Charter Section 423 voter approval of the implementation plan. This action is needed to complete the Housing Element and file with the state in time to meet mandated completion dates for our 2021 to 2029 - 6th cycle General Plan Update. Missing this deadline to avoid potential penalties and further loss of local control. The General Plan Update and Housing Element are required to meet state mandates aimed to increase affordable housing in all California cities. Newport Beach was assigned a new potential housing unit goal of 4,485 RHMA mandated units. Over the past 4 yes public workshop and City Council study sessions have been conducted and they resulted in adoption of the Newport Beach Housing Element for 2021-2029 on September 13, 2022. Our City's plan approved by the state provides a list of potential development sites in different zones of the city. The breakdown of units by income categories approved by the City and State for Newport Beach as part of the Housing Element after extensive public participation is: 1,456 Very low-income residents (VL) 1,456 930 units for low- income residents (L) 930 1,050 units for moderate income residents (M) 1,409 units for above -moderate income residents (AM) Total 4,845 units The deadline to complete the remaining implementation plan details and file with the State is mid Feb 2025. The planning zones and unit allocations were previously approved by City Council after extensive public participation. The city will be compliant with the State mandate if the Implementation Plan being considered tonight is approved, finished and submitted to the State by the mid -February deadline.. Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 I now have a better understanding of the logic which city staff has used to create the proposed number of units and categories of affordability. The city does get credit for existing new housing units described as the "pipeline.' The pipeline units do not increase State -mandated units. They decrease all units across the board, but have a limited impact on the affordable categories, leaving 2,707 affordable units remaining that must be accommodated and planned for. These projects can potentially reduce the number of new housing units needed but must include affordable housing at the units assigned to the zone in which they are permitted. If the required affordable units are not in these developments, they remain a mandate and must be allocated within the remaining units to make up the shortfall. The city must show the state they have adequate units in the plan to reach very low (VL), low (L), and moderate (M) priced affordable priced unit goals. An annual status report must be submitted to the State to report progress, and if it is viewed by the State that the remaining proposed units cannot be achieve in the housing planning cycle, the State Housing authorities can rule the City's plan is out of compliance and require an amendment to the General Plan and Housing Element under tight time constraint. If the city does not comply severe financial and operational penalties can be imposed. At this time new proposed development projects in Newport Beach are not required to include affordable VL, L and M priced units. Newport Beach does not have a minimum inclusionary requirement for affordable units in new development projects. The use of density bonus" is the state's prescribed methodology to give an incentive for the private sector to include these affordable units. This has the result of increasing the total number of units to gain required affordable unit such as when density of 50 units per acre is increased 50% to 75 units per acre. The city's charter requirement (Greenlight) for a ballot measure for voter approval of residential construction of 100 units or more creates a timing problem. If residents vote no on the plan, Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 insufficient time exists to amend the plan with public input and council approvals and have a second election. City staff has included "Option No. 2" in the agenda staff report. This approach approves the necessary implementation requirements, but also includes a finding which makes the final implementation steps a " Narrowly Focused Amendment" and makes charter section 423 voter approval not required. Many residents are opposed to not having the entire Housing Element plan approved by voters. I understand the desire to retain local control that was achieved by the Green light iniatives. I now have come to realize that ballot approval of the Housing Element implementation plan is not required. If a no vote were to result, there is not sufficient time to modify the plan, conduct public hearings and conduct a second ballot measure. At that point, the noncompliance penalties would apply and that is an extremely bad result for our city. The State has reported extension of time to submit the completed Housing Element Plan will not be granted. I also now believe the state's RHNA imposed mandate is a permanent land use requirement and the community needs to find different methods to review projects and encourage VL, L and M priced units to be included. Not approving and filing an approved "General Plan Housing Element" to implement the 6th Cycle Housing Element would make the city noncompliant. The State imposed penalties would apply and could result in the "Builders' Remedy" being activated. This would result in automatic approval of building permit applications, even if they do not comply with City zoning, setback, height regulations and design guidelines. This unchecked building permit process under the Builders" Remedy would result in housing plans being implemented which residents and the city would normally oppose. Ron Rubino and Sharon Esterley 2845 Alta Vista Dr. Newport Beach, CA 92660 This is "Catch 22" for the city. While a ballot measure was a hard-fought victory for residents in the past, the new state managed general plan process and required RHMA units makes this not feasible for this final Housing Element Implementation Plan approval. I believe the City Council in the future could create incentives for VL, L and M priced affordable housing at specific sites in our development plan that would reduce the need to rely on density bonus units incentive. This includes a minimum inclusion requirement for all large projects over 50 units. This is an action the community should investigate and encourage. I believe the exclusive use of bonus density units as an incentive for moderate priced units is not adequate and problematic. It results in more across the board units being built than the city can comfortably absorb and support in a planning cycle. It would be helpful if City Planning staff and Council members explain to the public this is a State caused emergency and we do not want the Builders' Solution under any circumstance to apply. Further, as units are approved for VL, L and M priced units, the bonus density is less likely to be used. I agree with stated strategies in the Housing Element including incentives for affordable housing need to be utilized, identifying specific projects to an individual location, streamlining permit process and reducing fees for affordable housing projects, obtaining funding/financial assistance and creating private sector workforce housing projects using permit fees and private donations to get started. I recommend residents attend Tuesday's city council work session at 4 pm to see if staff and city council address these issues and the need to finalize the Housing Element Implementation Plan. Thank you. Ron Rubino 2845 Alta Vista Dr Newport Beach, CA 92660 Board of Director member for 10 years Eastbluff Homeowners Community Association NB Homeowner 37 Years From: City Clerk's Office Sent: July 23, 2024 3:12 PM To: Mulvey, Jennifer Subject: FW: Rite t vote From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Tuesday, July 23, 2024 3:11:36 PM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: Rite t vote -----Original Message ----- From: Alice rosellini <rwindway@yahoo.com> Sent: July 23, 2024 1:59 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Rite t vote [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I agree citizens of Newport have he ringer to decide as SOON suggests A Rosellini. 1629Antigua Way From: City Clerk's Office Sent: July 24, 2024 8:14 AM To: Mulvey, Jennifer Subject: FW: Support for City Council to Approve the General Plan From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Wednesday, July 24, 2024 8:13:32 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: Support for City Council to Approve the General Plan From: Tim Smith <tim@timsmithgroup.com> Sent: July 23, 2024 7:51 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Support for City Council to Approve the General Plan [EXTERNAL E content is safe. Dear Newport Beach City Council, I am writing to express my strong support for the adoption of the General Plan Update on July 23rd to maintain our community's character and local control over housing. On September 13, 2022, the Newport Beach City Council approved the Housing Element in compliance with California law. This plan, developed with extensive community input, directs future housing development to job centers like the Airport Area rather than residential neighborhoods. Despite concerted efforts to challenge these mandates in Sacramento, those efforts have been unsuccessful. The approved housing plan is the culmination of extensive work by a 30-member General Plan Advisory Committee, the Planning Commission, and the City Council, with more than a dozen public meetings held. Now, nearly two years later, following another thorough public review process, the Council is ready to adopt the mandatory measures to implement the Housing Element. Failure to adopt this plan on July 23rd risks losing all local control over housing, including current restrictions on height, density, and traffic trips. While some have suggested putting the implementing elements on the November ballot, this step is not required and presents significant risks. If the ballot measure fails, the State will take over our planning, leading to an immediate loss of local control and a potential disruption of our community character. To prevent this outcome, I respectfully recommend that the City Council adopt the General Plan updates on July 23rd. Let us trust in citizen -driven planning and our local elected leaders over state control. Sincerely, Tim Smith TIM SMITH CALRE #01346878 Principal, Tim Smith Real Estate Group 949.678.1070 tim(c_)timsmithgroup.com timsmithrealestategroup.com Facebook I Instagram I YouTube I Linkedln 840 Newport Center Drive #100 Newport Beach, CA 92660 From: City Clerk's Office Sent: July 24, 2024 8:14 AM To: Mulvey, Jennifer Subject: FW: Biom From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Wednesday, July 24, 2024 8:13:52 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: Biom -----Original Message ----- From: Kathleen O'Meara <komeara2001@yahoo.com> Sent: July 23, 2024 7:58 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Biom [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Please do not let Councilman Biom take away our right to vote on Housing Plans. Thank you, Kathleen O'Meara 12 Saint Pierre. Sent from my iPhone From: City Clerk's Office Sent: July 24, 2024 8:14 AM To: Mulvey, Jennifer Subject: FW: July 23 Council Vote -Housing Element From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Wednesday, July 24, 2024 8:14:11 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: FW: July 23 Council Vote -Housing Element -----Original Message ----- From: Ruth Kobayashi <ruthkobayashi@gmail.com> Sent: July 23, 2024 8:07 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: July 23 Council Vote -Housing Element [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Council members, Thank you for doing your very best to protect Newport Beach from Sacramento. To me, it was as simple as that, even in the face of a very difficult vote. I'm grateful for your love for our city. Sincerely, Ruth iPhone Photographer From: City Clerk's Office Sent: July 24, 2024 8:15 AM To: Mulvey, Jennifer Subject: FW: housing plan From: Biddle, Jennifer <JBiddle@newportbeachca.gov> Sent: Wednesday, July 24, 2024 8:15:02 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: housing plan From: Linda Watkins <Lnda@leadershipfortoday.com> Sent: July 24, 2024 8:11 AM To: O'Neill, William <woneill@newportbeachca.gov>; Dept - City Council <CityCouncil@newportbeachca.gov> Subject: RE: housing plan [EXTERNAL EMAIL] DO NOT CLICK Links or attachments unless you recognize the sender and kn gfe. Dear Will and Council! FYI When the general plan first began, I attended all the meetings of the committee. I spoke up when the subject was community outreach because I could see that the consulting company hired did not have a clue what it would take to get the involvement of Newport residents needed for a serious endeavor. I also attended the monthly education meetings sponsored by SPON with experts on general plan development and representatives of other cities talking about their good and bad experiences. Brea, for example, went all out in getting community involvement. Then came Covid and a shutdown of meetings and some health issues for me. I did not pick up the thread again until now. As a caring city resident I can say I never received a notice, an email or information about an event regarding the general plan thereafter. With Seimone's listing of numbers in rebuttal to my comments, no mention of quality, attendance or if it satisfied a desire for significant involvement of the community —just numbers. I doubt he has any idea of the transparency required to be an inclusive city in today's digital world. It isn't easy to keep an open and learning mindset today. Because my job has been helping leaders be more effective and personally successful, I try to keep up and I know. Jim Campbell once told me that the work load in the planning department, makes it impossible for them to reach out to others or go to conferences for new ideas. Unfortunately, that is very short sighted. Efficient perhaps but short sighted! Linda Watkins Executive Coach (888) 721-0873 linda@leadershipfortoday.com Leaders hipForToday.com From: O'Neill, William <woneill@newportbeachca.gov> Sent: Friday, July 19, 2024 9:39 AM To: Linda Watkins <linda@leadershipfortoday.com> Subject: Re: housing plan Yes, unanimously means that Joyvoted for it too. The City Council agenda item 23 is what you're asking about: https://newportbeach.legistarl.com/newportbeach/meetings/2024/7/3978_A City Council, _24- 07-23_ Age nda.pdf?id=c331334e-3c30-48cb-9025-853b412427dd Will O'Neill Newport Beach Mayor From: Linda Watkins <linda leader shipfortoday.com> Date: Friday, July 19, 2024 at 9:24 AM To: O'Neill, William <woneill@newportbeachca.gov> Subject: RE: housing plan [EXTERP content is sender and know the What is the council voting on this next Tuesday? I was involved and attending general plan meetings early on pre-Covid but have not been involved since. Stu News seems to refer to the issue as Housing element amendments. Is that the terminology you prefer? What is the problem from your point of view? I expect unanimously means it would be everyone on council including Joy. Linda Watkins Executive Coach (888) 721-0873 lindana leadershipfortoday.com Leaders hipForToday.com From: O'Neill, William <woneill@newportbeachca.gov> Sent: Friday, July 19, 2024 9:01 AM To: Linda Watkins <Lnda@leadershipfortoday.com> Subject: Re: housing plan The Housing Element was approved by the Council (unanimously, including Brenner) and certified by the state's agency almost two years ago: https://www.newportbeachca.gov/government/departments/community-development/planning- division/general-plan-codes-and-regulations/general-plan-update/housing-element-screencheck-draft- march-10-2020 Mayor Will O'Neill woneill@newportbeachca.gov 100 Civic Center Dr. Newport Beach, CA 92660 On Jul 19, 2024, at 8:57 AM, Linda Watkins <Lnda@leadershipfortoday.com> wrote: [EXTERNAL EMAIL] DO NOT CLICK Links or attachments unless you recognize the If all else fails to rewrite the NB housing plan to a more realistic number, please vote to allow the residents to vote. It would be lovely if the residents actually had a choice. Linda Watkins Executive Coach <image001.jpg> (888) 721-0873 lindaro)leadershipfortoday.com Leaders hipForToday.com