HomeMy WebLinkAbout01 - Minutes - AmendedJuly 23, 2024
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
July 9, 2024
I. ROLL CALL - 4:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
Councilmember Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Presentation of the Okazaki Sister City Delegation
Truly Boring, President of the Newport Beach Sister City Association, provided a description of
the Sister City program and the art installation, named Indivisible, by Pierce Meehan.
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Takumi Nuto, Okazaki City Hall's Diversity Promotion Division and member of the Okazaki
Citizen Delegation, expressed his gratitude for the warm welcome to Newport Beach, introduced
the members of the Japanese delegation, and noted their continued cooperation to further
strengthen the relationship between the
cities.
Councilmember Grant expressed that iE is a great honor to share a Sister City relationship with
Okazaki and invited the delegates to enjoy I
e wonderful experiences in Newport Beach.
Mayor O'Neill read the proclamation re'tognizing the 40th anniversary of the Newport Beach -
Okazaki relationship, Council was presented with a gift from the delegation, and the City
Council, Ms. Boring, and the delegation unveiled the artwork.
SS3. Implementae Housing Element and Charter Section 423
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Deputy Community Development Director Murillo and Principal Planner Zdeba utilized a
presentation to discuss the City's Regional Housing Needs Assessment (RHNA) assignment, the
2020 Housing Action Plan, the 6th Cycle Housing Element (HE), importance of an income
category buffer, example of No Net Loss, HE preparation outreach and engagement, the
roadmap to maintain compliance and retain local control, implementation outreach and
engagement, a tentative schedule, City Charter Section 423, arguments in support of not holding
a vote, the HE Amendment needed if no vote is decided, if the City moves forward with a vote
and it fails, consequences of noncompliance, including loss of local control, builder's remedy, and
pending legislation, and key takeaways.
Councilmember Blom expressed the importance of maintaining local control, recounted the
City's approach to the HE, and questioned the option of relinquishing control to the State.
In response to Councilmember Weigand's question, Deputy Community Development Director
Murillo stated that AB1893 is working its way through the 'eMlrleaislature and has a
January 1st effective date. Councilmember Weigand inquired about projects in the pipeline, the
buffer, unit counts, and next steps if the vote fails. He noted receiving a considerable amount of
phone calls on the matter due to confusion. In response, Deputy Community Development
Director Murillo explained the intention of the buffer and reviewed the final housing plan.
Councilmember Weigand expressed the opinion that the builder's remedy is bad for the City and
expressed concern for a failed vote.
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City of Newport Beach
July 9, 2024
for changing which two people are on the permit to account for circumstances, like a second
marriage.
Chris Benzen thought the mooring rate cannot be based on the Newport Harbor Marina Index,
suggested a modified resolution and removing the four-year term, and asked who will own the tackle
after a transfer to a City -licensed mooring and what are the CEQA considerations.
Fred Fourcher appreciated the alternative plan, questioned how an increase in mooring size would
be handled, and recommended further studies to determine ramifications.
Hein Austin utilized a slide to show a satellite dock and mooring view. He discussed rate
discrimination and advocated for equitability in Newport Harbor.
Don Potenza noted challenges adding a name to the permit, took issue with the appraisal method
used and increases in the Harbor Department's budget.
Tim Lewis asked Council to vote to review, repair, and incorporr£te the alternate recommendation.
Chris Bliss expressed his concern for the elimination of affordable family boating in Newport Beach
and asked that Council meet with the Newport Mooring Association to discuss an alternative plan.
Jennifer Krestan noted revenue opportunities for Ae City without adding additional services and
thought the staff report evades discussion about dock fee vis-a-visdeter-minations mmooring permit
fees). She stated that gift giving of public funds is a violation of the City's fiduciary responsibilities
as a trustee of the State-owned land. 1K 1)
Anne Stenton, President of the Newport Mooring Association, appreciated the alternative plan but
expressed concern for both proposed resolutions, asked that Council delay a vote to provide for more
public discussion, and took issue with the handling of mooring permit transferability.
An unidentified speaker and a Newport Mooring Association member thought family boating and
accessibility to a broad swath of the community is an important goal, and sought more collaboration
and a greater sense of compromise.
Jamshed Dastur
owners.
Jessie Fleming a;
Eric Stunager be.
to the legal limit.
he felt there would be a $30 million asset value loss to the mooring
;o delay the vote so everyone could work together.
th alternatives violate SB 1482 and suggested the increase be raised
Samantha McDonald thought the alternative recommendations are promising and encouraged
Council to delay a vote so more public review can occur.
Michael Spano urged Council not to pass the resolution due to incomplete language and suggested
collaboration between the permittees and tideland users.
Peter Kaz stated he already sold his boat and mooring due to all the confusion.
Brian Benson noted the importance of transferability and asked for it to remain and not sunset after
four years.
An unidentified speaker thought it would be fair to include the option for an heir, liked the
alternative plan, and supported adding details to accommodate changes like divorce.
Jim Palmer expressed his gratitude for the alternative plan.
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City of Newport Beach
July 9, 2024
Bud Coomans thought that boats will be abandoned and left for the City to tend with if the mooring
rates increase and the transferability is gone, expressed concern for being able to sell his boat,
supported transferability, and asked for a delayed vote to allow for public comment.
Anthony Lane supported the opportunity to pass the permit to an heir and hoped for a delayed vote.
Michael Lawler expressed concern for the fairness of the mooring rate appraisal and increase,
questioned the authority to charge fair market rent if it was based solely on the Beacon Bay Bill,
shared the City policy to provide affordable moorings as an alternative to the higher priced slips
and marinas, and thought boat owners cannot afford the increases suggested by the appraisal.
Rhonda Model urged Council to reconsider the transferability change.
Adam Leverenz encouraged Council to read the submittals, stated there has not been enough time
to review the recently distributed materials, and suggested a delayed vote for further analysis of the
alternate recommendations.
Jim Mosher thought that Council cannot promise that rates will stay the same by way of the
grandfather clause because future Councils can change it, noted that the proposed code does not
change the prohibition on liveaboards on City -owned licensed moorings, questioned the sensibility
of maintaining individual tackles at yacht clubs in eight years when premium rates will apply, and
relayed Council's duty under the City's Charter to s&or da vicefrom the Harbor Commission before
takingaction on the alternative recommendations. _I
Bill Kenney, Newport Harbor Foundation, thought the alternative recommendations provide an
economical option for current mooring permittees and four years to sell or transfer permits, stated
mooring anchors would be replaced with he�lix anchors, and rental values and mooring permits will
be achieved. He indicated that this led the Newport Harbor Foundation to determine that the
alternative plan is the most fair and equitable for the City to meet its obligations pursuant to the
Beacon Bay Bill and take into consideration the concerns raised by the current mooring holders. He
relayed the Newport Harbor Foundations' support for the alternative plan and recommended that
Council adopt it.
Wade Womack utilized a slide to demontrate that the mooring permits already paid the largest
amount into the Tidelands Fund, inquired about the mechanism to protect the grandfathered
permits in perpetuity, and asked for the vote to be delayed for further review.
George Hylkema stated that there are boats that do not pay a tidelands fee, shared numbers from
the Newport Mooring Association, and asked that Council delay the vote.
Scott Karlin provided a report on transferability, thanked the participants for their work, noted
typos in the ordinance, and asked for more discussion and corrections to the wording.
Mike asked if Council has read the ordinance in full, questioned why the wealthiest people get a
pass, and voiced his displeasure with the recommendation.
Ira Beer, Harbor Commission Vice Chair and Chair of the Subcommittee for Harbor Commission
Objective 2.2, voiced the Subcommittee's unanimous support of the alternate plan and
Sandy Manich suggested that the current mooring holders receive a fee break and asked Council to
work with them.
An unidentified speaker voiced his opposition towards the head of the Harbor Commission.
Councilmember Avery shared his family boating experiences, expressed that it is an exceptional
privilege to have a mooring permit on Newport Harbor and transferability stops others from the
opportunity, thought rates should be fair, noted harbor costs are getting driven up, and stated
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