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HomeMy WebLinkAbout04 - Relating to Hotel Guest Registry InspectionsCTY OF F NEWPORT BEACH City Council Staff Report July 28, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Aaron Harp, City Attorney — (949) 644 -3131, aharp @newportbeachca.gov PREPARED BY: Aaron C. Harp, City Attorney PHONE: (949) 644 -3131 TITLE: Adoption of Ordinance No. 2015 -22 Relating to Hotel Guest Registry Inspections ABSTRACT: On July 14, 2015, the City Council conducted first reading of Ordinance No. 2015 -22 relating to hotel guest registry inspections. The City Council passed Ordinance No. 2015 -22 to second reading at the July 14, 2015 meeting. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2015 -22, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 5.36.020 of the Newport Beach Municipal Code Regarding Inspections of Hotel Guest Registries. FUNDING REQUIREMENTS: Not applicable. DISCUSSION: On July 14, 2015, the City Council introduced and passe d adopted the Ordinance will require hotel operators to allow registration cards and will take affect in 30 days. ENVIRONMENTAL REVIEW: to second reading Ordinance No. 2015 -22. If police officers to inspect their guest registries or City staff recommends the City Council find the approval of the attached ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, City staff recommends the City Council find the approval of the attached ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. 4 -1 NOTICING: This agenda item has been noticed according to the Brown Act (at least 72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Ordinance No. 2015 -22 4 -2 ATTACHMENT A ORDINANCE NO. 2015 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING SECTION 5.36.020 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING INSPECTIONS OF HOTEL GUEST REGISTRIES WHEREAS, Chapter 5.36 of the Newport Beach Municipal Code ( "NBMC ") regulates every person conducting any rooming house, lodging house, hotel, inn, motel, auto court, or any other similar place in the City of Newport Beach ( "City ") and requires such person to maintain a guest register or guest registration cards; WHEREAS, Section 5.36.020 of the NBMC currently requires that such register or registration cards be open to the inspection of any police officer of the City; WHEREAS, the United States Supreme Court's recent decision in City of Los Angeles v. Patel et al. held that a hotel owner must be afforded an opportunity to obtain pre - compliance review before a neutral decision -maker prior to being required to give its guest registry to the police for inspection; and WHEREAS, the City desires to amend Section 5.36.020 of the NBMC to comply with the Fourth Amendment of the United States Constitution in accordance with the United States Supreme Court's ruling in City of Los Angeles v. Patel et al. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 5.36.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.36.020 Entry of Departure Time — Inspection. When the occupant or occupants of such room so rented shall quit and surrender the same, it shall be the duty of the proprietor or an agent thereof to enter the departure time as nearly as can be determined in such register or on such registration card opposite the name of such occupant or occupants. Erasures or alterations shall not be made for any purpose. Such register or all such registration cards shall be kept in the office of the person renting such rooms. 4 -3 Any police officer of the City of Newport Beach may inspect the register or registration cards as long as such inspection complies with federal and state law. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2015, and adopted on the day of , 2015, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS N Imo! EDWARD D. SELICH, MAYOR APPROVED AS TO FORM: THE CITY ATTORNEY'S OFFICE AA F" C. HARP, CITY A NEY ATTEST: LEILANI I. BROWN, CITY CLERK 4 -5