HomeMy WebLinkAbout01 - Minutes - AmendedDecember 12, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
November 28, 2023
I. ROLL CALL - 4:00 p.m.
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Councilmember Brad Avery,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Joe Stapleton, Councilmember Erik Weigand
II. INVOCATION - Mayor Pro Tern O'Neill
III. PLEDGE OF ALLEGIANCE - Mayor Blom
IV. NOTICE TO THE PUBLIC
V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Stapleton:
• Attended the OASIS Senior Center's Thanksgiving LuA and the Central Newport Beach
Community Association meeting with Lieutenant Corey Wolik
• Announced a Newport Beach Chamber of Commerce Town Hall Meeting to discuss the dangers of
Fentanyl on November 29, 2023, with Senator Janet Nguyen, Assemblywoman Diane Dixon,
Orange County Sheriff Don Barnes, and himself
Councilmember Grant:
• Attended the OASIS Senior Center's Thanksgiving Luncheon
• Recognized the Newport Beach Police Department's Citizens' Police Academy graduates, and the
Public Works Department and Orange County Waste and Recycling for the free shred, e-waste, and
mulch event
• Announced that the Orange Codhty Transportation Authority (OCTA) completed the I-405
Improvement Project and new lanes will be opened on December 1, 2023
VI. PUBLIC COMMENTS ON CONSENT CALENDAR
Councilmember Stapletor7equested to be removed from Item 9 (Establishing the Library Lecture Hall
MOU City Council Ad Hoc Committee) due to out -of -country travel commitments.
Jim Mosher noted that parenthetical digits were not placed after some of the numerals which were
spelled out in Item 3 (Allowing Short -Term Mooring License Agreements and Establishing Fair Market
Value License Fees for Offshore and Onshore Moorings) and suggested- a;+s t the >\T,,..,poFt u,,,,e
Municipal CodeiNuMC4; stated that no hotel should be included in Item 4 (Tennis and Pickleball Club
at Newport Beach); pointed out tb_e-Ann-end-meeint t flne r.,,,,sing rules t .,rr,,.,, F rthat in Item 5 (Adopting
Housing Element Implementation Noise -Related Amendments), housing outside of the 65 decibel
contour is already allowed in item 5 (Adopting ousing Element implemer3tatieyr Noise -Relates
fl-n-en,a,, ents); and indicated challenges with reading the NBMC in Item 6 (Adding, Amending, and
Repealing Various Provisions of the Newport Beach Municipal Code), questioned the reason for the
amendments, and encouraged a no vote.
VII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
Volume 66 - Page 1
City of Newport Beach
City Council Meeting
November 28, 2023
Mayor Pro Tem O'Neill stated that the intent of an eligibility minimum is to draw permits into more
commercial areas versus residential areas. He relayed his intent to make a motion to incorporate
the alternative language to be at 20 units.
Mayor Pro Tem O'Neill opened the public hearing.
Charles Klobe, President of Still Protecting Our Newport (SPON), opposed the proposed approach
and supported a 20-unit minimum.
Jim Mosher questioned why all mixed -use areas are not included, why there is a separate 20 unit
cap separate units ownership requirement as opposed to projects with 20 or more units, noted an
increase in the maximum number of permits, pointed out a misprint, suggested the
correction read "until the total number is less than ..." for new permits, and thought the item was
not ready for approval.
Denys Oberman supported vacation -serving uses and a well 4ought out plan to transition into
mixed -use and commercial districts throughout the City, questioned the feasibility of a maximum
cap, noted the lack of a specific plan to reduce the number of Short Term Lodging (STL) permitted
units to correspond with the increase in the mixed -use areas, and expressed concern for it becoming
additive. She suggested reviewing this matter more caref to ensure effective programming and
unit reductions.
Nancy Scarbrough noted the impact STLs in residential neighborhoods have on quality of life and
suggested reviewing the entire ordinance, the 53 new housing laws passed in 2023, and the
numerous two-year bills.
r
Russell Adnoff requested that all STLs be treated equally and the cap be applied to all STLs.
A
Hearing no further testimony, Mayor Pro Tem O'Neill closed the public hearing.
Mayor Pro Tem O'Neill noted that Council prefers pulling STLs out of residential areas.
AP
In response to Ma Pro Tem O'Neill's question, City Attorney Harp confirmed that additional
permits would no granted from the wait list without regard to the cap.
Councilmember Grant noted that the City has been grappling with the impacts of STLs for many
years using several revisions to the approach, and discussed well -managed properties and some that
negatively affect residents. She stated that it has been a struggle and thought the current revisions
protect the quality of life for residents, ensure proper business administration, and congregate STLs
in commercial and visitor -serving areas; and expressed support for lowering the cap, allowing a
one-time allowance to reinstate a permit, and the elimination of bad operators.
Councilmember Stapleton thanked Mayor Pro Tem O'Neill, staff, and the residents, expressed
support for moving STLs from residential neighborhoods to mixed -use areas, and focusing on 20 or
more units. He noted this as an opportunity for a pilot program and to increase Transient Occupancy
Tax (TOT) revenue and enforcement.
Councilmember Kleiman thanked staff and thought this is a compatible use in these zoning areas,
invites reinvestment and residential zone relief, and allows for better and more accountable
operators. In response to Councilmember Kleiman's questions, Planning Manager Murillo reviewed
the STL permit charges, annual City revenue including TOT, staff support, revoked, suspended, and
closed permits, investigations and citations, and a tracking program that is reviewed at the time of
permit renewal.
In response to Councilmember Avery's question, Planning Manager Murillo reviewed the procedure
for closing a permit for nonpayment of the TOT, the amendment provision for a one-time
reinstatement, ways a permit can be revoked, the time limit to return, and fines.
Volume 66 - Page 6