HomeMy WebLinkAbout01 - MinutesSeptember 26, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
September 12, 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 (arrived at 4:15 p.m.), Councilmember Erik
Weigand
Excused: Councilmember Joe Stapleton
II. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Jim Mosher complimented the City Attorney on the Closed Session notices but stated that subject
matter III.B remains unknown to the public and hoped that the 2023 Water and Wastewater Rate Study
would be posted on the City's website in advance.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles.
III. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPER GOTIATORS
(Government Code § 54956.8): 1 matt
Property: The American Legion Newport arbor Post No. 291, located at 215 15th Street, Newport
Beach, California, 92663. M
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding Whitlinger, Real
Property Administrator.
Negotiating Par s: Evin D. Planto.
Under Negoti str on to City Negotiators regarding price and terms of payment.
B. CONFERENCE WI LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 51956.9 (d)(4)): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9 (d)(1)): 1 matter
Glen White v. City of Newport Beach
Workers' Compensation Appeals Board Case No. ADJ11567889
Councilmember Kleiman was absent during discussions relative to Closed Session Item III.C.
D. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION - ANTICIPATED LITIGATION
(Government Code § 54956.9 (d) (1) (4)): 1 matter
The Ohio House, LLC vs. City of Costa Mesa
United States Court of Appeals for the Ninth Circuit Case No. 22-56181
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United States District Court for the Central District of California Case No. 8:19-cv-01710-JVS-GJS
(The reason for holding a closed session is for the purpose of conferring with and/or receiving advice
from the City's legal counsel and to receive direction from the City Council regarding the possible filing
and/or participation in an amicus brief in this case.)
IV. RECESSED — 4:03 p.m.
V. RECONVENED AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Councilmember Brad Avery, Councilmember
Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand
Excused: Councilmember Joe Stapleton
VII. CLOSED SESSION REPORT
City Attorney Harp reported that no reportable action&Ig
VIII. INVOCATION — Dr. Jim Turrell, Center for Spir ort Mesa, Costa Mesa
IX. PLEDGE OF ALLEGIANCE — Mayor Blom
X. PRESENTATIONS
• Proclamation Declaring September as Hunger Action Month
Mayor Blom read the proclamation and presented it to Janice Song, Associate Board Member of
Second Harvest Food Bank of Orange County who discussed the need in Orange County, provided
statistics, and than the City and the City Council for taking action.
Proclamation Recognizing International Literacy Day
Mayor Blom redd the proclamation and presented it to Library Services Manager Lightfoot and
Literacy Coordinator Leman who thanked Council for recognizing the importance of the program
and volunteer work, pirovided program statistics, and thanked Council for their continued support.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Attended the Orange County Council of Governments (OCCOG) and Southern California
Association of Governments (SLAG) meetings and Association of California Cities — Orange County
(ACC-OC) Sober Living and Recovery Home virtual roundtable meeting
• Hosted the California Sober Living and Recovery Task Force (CASLAR) meeting at City Hall
• Announced the return of her son to school
Councilmember Grant:
• Attended the Sherman Library and Gardens Newport Beach Summer Garden Party and Hat
Contest, a Women United presentation, the CASLAR meeting with Councilmembers Kleiman and
Weigand, the Spyglass Hill Annual Meet and Greet Picnic and thanked Mayor Pro Tem O'Neill for
bringing the community together, and the Elks Lodge 9/11 Memorial Event
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Councilmember Weigand:
• Attended the Parks, Beaches and Recreation Commission meeting and thanked the Recreation and
Senior Services Department for a well-done summer youth program, and attended the Costa Mesa
City Council meeting regarding cannabis retail and expressed concern that no limit caps and
distancing requirements were imposed
• Acknowledged the passing of Captain Emily Sanford and memorial service on September 21, 2023
Councilmember Avery:
• Attended the Water Quality/Coastal Tidelands Committee meeting, the Orange County Sanitation
District Operations Committee meeting, and the Sherman Library and Gardens Community
Engagement meeting
• Announced Speak Up Newport's meeting on September 13, 2023 where "The Future of Local News
Coverage in Newport Beach" will be discussed
Mayor Pro Tem O'Neill:
• Attended the Spyglass Hill Picnic and thanked the organizers
• Announced the Newport Beach Fire and Lifeguard Appreciation Dinner on September 14, 2023, the
Water Wheel Groundbreaking on September 15, 2023, the Ben Did Go event on September 16, 2023,
and San Joaquin Hills Transportation Corridor Agency's (SJHTCA) new CEO, Ryan Chamberlain
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR — None '
XIV. CONSENT CALENDAR
1. Minutes for the August 22, 2023 Cityfu'ncil Meeti [100-20231
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under coilsideration and direct the City Clerk to read by title
only. _
CONTRACTS AND AGREEMENTS
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3. Concrete Replacement Program FY 2022-23 (Project No. 231106) — Notice of Completion
for Contract No. 8921-1 [381100-20231
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Werk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
4. Goldenrod Pedestrian Bridge Improvements Project — Notice of Completion of Contract
No. 8871-1 (23R12) [381100-2023]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
5. American Legion Bulkhead Wall Repair — Notice of Completion of Contract No. 7659-1
(161111) [381100-20231
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
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c) Release Faithful Performance Bond one year after acceptance by the City Council.
6. Water Well Rehabilitation — Tamura Deep Well (Project No. 24W15) — Award of Contract
No. 9328-1 [381100-20231
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion
of capacity) of the CEQA Guidelines, because this project has no potential to have a significant
effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No 9328-1 to General Pump Company, Inc. for the total bid price of $817,024
for the Tamura Deep Water Well Rehabilitation project, and authorize the Mayor and City Clerk
to execute the contract; and
d) Establish a contingency of $81,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
7. Balboa Pier Maintenance — Award of Contract No. 9323-1 (24H09) [381100-20231
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301—Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, because
this project results in no expansion of an existing use and has no potential to have a significant
effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 9323-1 to Jilk Heavy Construction, Inc., for the total bid price of $182,780
for the Balboa Pier Maintenance project, and authorize the Mayor and City Clerk to execute the
contract; and
d) Establish a contingency of $27,220 (approximately 15 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
IF
8. Amendment No. One to Gift Agreement Between City of Newport Beach and Friends of
Newport Beach Animal Shelter to Accept Donation of the Real Property at 20282
Riverside Drive (C-8532-2) [381100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15060(c)(2) (thevity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and Section 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 this action will not result in a physical change to the environment, directly
or indirectly; and
b) Authorize the City Maoiager and City Clerk to execute Amendment No. One to the Gift
Agreement and all associated documents necessary to complete the donation transaction, with
Friends of Newport Beach Animal Shelter, to accept donation of the property at 20282 Riverside
Drive, in a form substantially similar to the agreement prepared by the City Attorney.
9. Approval of the Joint Use Agreement Between the City of Newport Beach and Newport -
Mesa Unified School District for Use of Mariners Branch Library (C- 9418-1) [381100-20231
Removed from the agenda at the request of staff.
10. Temporary, Non -Exclusive and Revocable License Agreement with Orange County
Sanitation District for a Construction Staging Yard at Lower Castaways Park Located at
100 Dover Drive (C- 9419-1) [381100-20231
a) Find that the environmental impacts associated with approval of this license agreement were
fully analyzed by Addendum to the EIR for the Bay Bridge Pump Station and Force Mains
Replacement Project which was certified by the Orange County Sanitation District Board on
July 23, 2023. Pursuant to Section 21166 of the California Public Resources Code and Section
15162 of the CEQA Guidelines, no additional environmental review is required;
b) Approve a waiver of City Council Policy F-7 — Income Property based on the findings contained
in this staff report and the license agreement, that the licensee's use of the property provides an
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essential and unique service to the community and the project may not otherwise be completed
if full fair market value rent for use of the property was charged; and
c) Authorize the City Manager and City Clerk to execute the Temporary, Non -Exclusive and
Revocable License Agreement between the City of Newport Beach and Orange County
Sanitation District for use of City Property for a temporary construction staging yard at Lower
Castaways Park located at 100 Dover Drive, in a form substantially similar to the license
agreement included with the staff report.
Councilmember Avery recused himself from Item 10 since he is on the Board of Directors
for the Orange County Sanitation District and voted on the matter at the last meeting.
11. Purchase of 2023 Freightliner M2 Ambulance Chassis with Re -Mount of Existing Box
[100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve the City's participation and enrollment in the Houston -Galveston Area Council
cooperative purchasing alliance known as HGACBuy, and authorize the Finance Director and
the City Clerk to execute an interlocal contract jiLhi the Houston -Galveston Area Council for
the purposes of cooperative purchasing of goods d7equipment on a form approved by the City
Attorney;
c) Approve the selection and purchase of one 2023-year model Freightliner M2 Ambulance Chassis,
including the retrofit and re -mounting of an existing City ambulance box unit, from Professional
Sales and Service, L.C., using cooperative selection and pricing under H-GAC contract
#AM10-20, in an amount not -to -exceed $390,375.28; and
d) Authorize the City's Finance Department to issue a Purchase Order to Professional Sales and
Service, L.C. in an amount not -to -exceed $390,375.28.
12. Approval of Vehicle Replacement Pur Orders for Four Toyota Tacomas, Two John
Deere Cab Tractors, and One Rockland ach King Sand Cleaning Machine [100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) an-d15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve a Purchase Order for four Toyota Tacoma 4WD double cab pickup trucks from
RP Automotive of Downey for a total amount of $195,711.70;
c) Approve a Purchase Order for two John Deere Cab Tractors from RDO Equipment Company of
Riverside for a total amount of $370,493;
d) Approve the Sole Srce purchase of one Rockland Beach King Sand Cleaning Machine from
RDO Equipment of Riverside the sole distributer for Rockland Beach Kings in the Southern
California region, and authorize the execution of a Purchase Order for a total amount of
$204,725; and
e) Authorize a contingency of $38,500 (approximately 5% of total quotes) to cover the cost of
unforeseen changes to the current quotes.
MISCELLANEOUS
13. Planning Commission Agenda for the September 7, 2023 Meeting [100-20231
Receive and file.
14. Budget Amendment to Accept a Check from the Newport Beach Public Library
Foundation and Appropriate the Funds to the Library's Fiscal Year 2023-24 Maintenance
and Operation Budget [100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
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b) Accept a check in the amount of $39,980 from the Newport Beach Public Library Foundation
and approve Budget Amendment No. 24-011 to increase expenditures by the same amount in
Division 0106051 (Foundation).
15. Budget Amendment Allocating Public, Educational and Governmental Access Support
(PEG) Fees to Replace Light Fixtures Within the City Council Chambers [100-2023]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Budget Amendment No. 24-019 appropriating $90,000 in increased expenditures in
Account No. 16820201-911005 from the PEG Fund unappropriated fund balance.
16. City Hall and Limited Off -Site Holiday Closure (Beginning on Monday, December 25,
2023, Through Monday, January 1, 2024) [100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve closing the Civic Center and providing limited services at off -site facilities from
Monday, December 25, 2023, through Monday, January 1, 2024.
17. Pulled from the Consent Calendar 0
18. An Order by the California Coastal Commission to Reinstall Fences to Protect the
Western Snowy Plover Shorebirds [100-2-023]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15333, Class 33 (Small Habitat Restoration Projects) of the CEQA Guidelines, because
this project has no potential to have a significant effect on the environment; and
b) Authorize the City Manager to sign the Consent Executive Director Cease and Desist Order
No. ED-23-CD-01. 10
Motion by Mayor Pro Tem O'Neill, seconded by Councilmember Grant, to approve the Consent
Calendar, except for the item removed (Item 17); and noting the recusal by Councilmember Avery to
Item 10, the removal of Item 9 from the agenda, and the amendments to Item 1.
With Councilmemler Stapleton absent, the motion carried 6-0.
XV. ITEM REMOVED FROM THI CONSENT CALENDAR
17. General Plan Update Steering Committee Bi-Monthly Update to the City Council
[100-20231
Mayor Pro Tem O'Neill noted that the Housing Element has been submitted to and approved by the
California Department of Housing and Community Development (HCD) and the General Plan
Update Steering Committee (GPUSC) has not been tasked with making changes. He asked the
GPUSC to follow the scope recommended by the City Council and relayed that changes to the
Housing Element are unlikely to occur and difficult to accomplish.
Charles Klobe, member of the General Plan Advisory Committee (GPAC), stated that GPAC is clear
that the Housing Element is not to be modified and explained that members voted against an
increased density at the last GPAC meeting.
Nancy Gardner, Chair of the General Plan Update Steering Committee, clarified that GPAC wanted
to take Banning Ranch out of the Land Use Element and not modify the Housing Element, explained
the building prohibition at Banning Ranch after the sale, and asked Council's preference for
including Banning Ranch in the Land Use Element.
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Mayor Pro Tem O'Neill stated that the Land Use Element must be consistent with the Housing
Element, recognized the challenges with future building at Banning Ranch, and thanked
Ms. Gardner for clarifying the matter.
Ms. Gardner stated that she will convey to GPAC the need for consistency in the Land Use Element
and Housing Element.
Mayor Blom concurred with having consistency in the Land Use Element and Housing Element.
Without objection, the City Council a) determined this action is exempt from the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA
Guidelines because this action will not result in a physical change to the environment, directly or
indirectly; and b) received and filed the report.
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Steve Glyer, Vice President, Newport Harbor Lawn Bowling Club, reported on community outreach
events, provided a handout with published articles in Stu News Newport, and noted one of their
members has experienced reduced Parkinson's disease symptoms since playing lawn bowling.
Andrew Dufresne, President, Newport Harbor Lawn Bowling Club, discussed a mutually beneficial
lease that may be presented to Council, thanked City staff, and noted activities and interest for the
Club, the U.S. Open for Lawn Bowling starting 1 October for beach cities with opening ceremonies on
October 7, 2023, two Newport Harbor competitors in the Champion of Champions Global Event, the
Battle of the Beaches, and free instruction.
Craig Sheets utilized slides to discuss Geiger counters, scintillation counters, freight container locations,
swells, oil platforms, a leaking pipeline, fire breaks, and service roads.
Brian Stewart, Newport Harbor Lawn Bowling Club member, provided background on the
establishment of the lawn bowling greens and eneral Plan requirements for partnering and priority,
a status of the negotiat' ns, and the impact -To —Club finances in relation to the lease duration.
XVII. PUBLIC HEARIN !
19. Resolution No. 2023-52: Intent to Override Orange County Airport Land Use
Commission's Finding of Inconsistency for Housing Element Implementation, Noise -
Related Amendments-(PA2022-0201) [100-20231
Councilmember Weigand recused himself out of an abundance of caution due to receiving
campaign contributions in excess of $250 from Edward Selich, William Borgsmiller, and
Nadir Qazi.
Assistant City Manager Jurjis reviewed the recommendation that Council send a notice to the
Airport Land Use Commission (ALUC) that states its intention to override the inconsistent findings
for the Housing Element Implementation, Noise -Related Amendments.
In response to Councilmember Kleiman's shared public concern, City Attorney Harp indicated that
the proposed action does not have any impact on the Cooperative Agreement with the County
(Spheres Agreement) and, if approved, allows for a future hearing. He added that the City will not
be in violation of the Spheres Agreement if the City overrides ALUC's decision and noted the
provisions of the Public Utilities Code for finding inconsistencies.
In response to Mayor Pro Tem O'Neill's question, City Attorney Harp clarified that the vote would
take place at the November meeting and requires a two-thirds vote of the quorum in attendance.
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In response to Councilmember Grant, City Attorney Harp stated that, if found inconsistent with the
Spheres Agreement or the John Wayne Airport (JWA) Settlement Agreement, the City would be
required to submit all subsequent actions, regulations, and permits to ALUC for review until the
City remedies the inconsistencies. Councilmember Grant requested that the record reflect that the
City Council wants to receive all appropriate information related to anything that could affect
airport expansion to safeguard jeopardizing a legal or bargaining position with respect to the
renewal of the settlement agreement.
Mayor Blom opened the public hearing.
Nancy Scarbrough expressed residential concern surrounding the airport and suggested the matter
be discussed during a study session to gain public support for the Land Use Element and to keep
the community informed.
Mike Smith displayed a map of existing and proposed JWA noise contours with housing sites and
encouraged Council to vote "no," reject staff's recommendations, and not alter the maps. He asked
how many proposed housing units, as of September 12, 2023, are in the airport area and how many
proposed housing units are possible in the Newport Beach Golf Course area, the YMCA area on
University Drive, the Marriot Hotel area on Bayview Circle, and Bayview Way near Jamboree Road.
Charles Klobe, President of Stop Polluting Our Newport (SPON), expressed concern for jeopardizing
the JWA Settlement Agreement if the resolution were to be adopted and believed the plan has not
been well -vetted and more community outreach needed to garner public support for the Land Use
Element vote.
Jim Mosher clarified his comment about the number of people in attendance at the ALUC meeting,
opposed going against the County's wishes, noted the Aviation Committee and GPAC Noise Element
Subcommittee did not review the matter, and expressed the opinion that it could be interpreted that
noise is no longer a problem if the resolution lis adopted. He noted challenges with the decibel
contours, inconsistencies with the airport planning sound principals, and potential exposure to
litigation. He further syggested corrections to the resolution.
Sue Dvorak expressed concern for the City's proposal to allow residential units to be built near JWA
within the 65-decibel noise contour area in order to satisfy the State's Regional Housing Needs
Assessment (RHNA) mandate and urged Council to consider the implications to future airport -
related agreements. 0
Jim Hollister expressed�encern for placing housing directly under the flight path and asked Council
to reconsider.
Treb Heining noted the impact of State policies and the number of residents leaving California,
expressed confusion why the City would entertain giving the airport any space for housing
development, expressed the opinion that all housing is affordable through hard work, and asked
Council to do the right thing.
Linda Gates listed ALUC's main responsibilities, questioned Council's purview on the matter,
discussed potential consequences for changing the noise contours, and asked Council to not change
them.
Hearing no further testimony, Mayor Blom closed the public hearing.
Mayor Blom stated that some of the development is not controlled by the City and is private land,
Council is concerned and does not want to do anything to jeopardize the JWA Settlement Agreement,
Council is working to protect quality of life, noted housing already exists in many of the contours,
and there are different ways to meet the same objectives.
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In response to Mayor Pro Tem O'Neill's questions, City Attorney Harp noted the matter today is
about noise contour changes and not housing unit development, and would not be included on the
November 2024 ballot. Mayor Pro Tem O'Neill noted the Builder's Remedy and the importance for
the City to have a compliant Housing Element, and suggested the public research it. Assistant City
Manager Jurjis reviewed the background for selecting housing opportunities, the plan for additional
housing in the airport area, and consequences for not maintaining compliance with the State. He
further noted that the County created the noise contours which were added in the approved
Environmental Impact Report (EIR) and the City used it to adjust the City's noise contour and for
the Housing Element implementation. Mayor Pro Tem O'Neill reviewed past experiences overriding
the Airport Land Use Plan (ALUP), noted that disagreeing with the ALUP does not mean that the
City will be out of compliance, stated that none of the public spaces in the City will be developed for
housing, encouraged the public to have development discussions with the private landowners, noted
many Housing Element meetings and public discussions over the last few years, and acknowledged
the City's shared frustration with State mandates.
In response to Councilmember Grant's questions, Assistant City Manager Jurjis stated he would
find out what ALUC's response was when the County adopted the noise contour standards in the
EIR and confirmed that the subject area has existing development on it and noise contour standards
are different for office and residential. ,
Motion by Mayor Blom seconded by Mayor Pro Tem O'N o a) find the overriding action
is exempt and not subject to further environmental review un the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 because the Amendments would
not allow development of greater intensity than is allowed under the 2006 General Plan, including
the Newport Airport Village Planned Community, as amended. The updated noise contours, and
impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport Settlement
Agreement Amendment Environmental Impact Report (EIR No. 617); and b) adopt Resolution
No. 2023-52, A Resolution of the City Council of the City of Newport Beach, California, Notifying the
Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's
Intention to Find that Amendments to the Noise and Land Use Elements of the General Plan,
Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, Newport Place Planned
Community Development PlaiN (PC-'y77 and Newport Airport Village Planned Community
Development Plan (PC-60) Negessar4 to Implement the 6th Cycle Housing Element are Consistent
with the Purposes of the State Aeronautics Act and Overrule the Orange County Airport Land Use
Commission's Determination that the Amendments are Inconsistent with the 2008 John Wayne
Airport Environs Land Use Plan (PA2022-0201).
With Councilmember Weigand recusing himself and Councilmember Stapleton absent,
the motion carried 5-0.
City Attorney Harp relayed an additional conflict for Councilmember Weigand since he
received a contribution in excess of $250 from Treb Heining.
20. Ordinance No. 2023-14: Non -Exclusive Commercial Solid Waste Franchise Agreement
[421100-20231
Mayor Blom opened the public hearing.
Isaac Avilla, Roberts Waste and Recycling, expressed appreciation to the City for considering
allowing them to provide continued services.
Hearing no further testimony, Mayor Blom closed the public hearing.
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Motion by Mayor Pro Tem O'Neill, seconded by Councilmember Grant, to a) determine this
action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) waive full reading, direct the City Clerk to
read by title only, introduce Ordinance No. 2023-14, An Ordinance of the City Council of the City of
Newport Beach, California, Granting a Non -Exclusive Franchise Agreement for Commercial Solid
Waste and Divertible Materials Handling Services Within the City of Newport Beach, and pass to
second reading on September 26, 2023.
With Councilmember Stapleton absent, the motion carried 6-0.
XVIII. CURRENT BUSINESS
21. Confirmation of Appointment to Fill the Unscheduled Vacancy on the Board of Library
Trustees [241100-20231
City Clerk Brown reported that applicants must receive at least four votes to be appointed and read
the ballot votes as follows:
Antonella Castro - Avery, Blom, Grant, Kleiman, O'Neill
Chase Rief - Weigand
City Clerk Brown announced that Antonella Castro was appointed to fill the unscheduled vacancy
on the Board of Library Trustees that expires June 30, 2026.
XIX. MOTION FOR RECONSIDERATION- None
XX. ADJOURNMENT - 6:21 p.m.
The agenda was posted on the City's websitond on the City Hall electronic bulletin board
located in the entrant f the City Council Chambers at 100 Civic Center Drive on
September 7, 2023, a
Noah Blom
Mayor
Leilani I. Brown
City Clerk
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