HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
City Council Meeting
September 12, 2023
September 26, 2023
Agenda Item No. 1
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 wcould 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 staffs 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 Ne4ort (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 is needed to garner public support for the Land Use
Element vote. r . A.
Jim Mosher clarified his comment about thienumber 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 is adopted. He noted challenges with the decibel
contours, inconsistencies with the airport planning sound prineipa4sprinciples, and potential
exposure to litigation. He further suggested 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.
Jim Hollister expre I concern 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.
Volume 65 - Page 623
City of Newport Beach
City Council Meeting
September 12, 2023
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 that 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 Environs Land Use Plan (AELUP), noted that disagreeing with the AELUP
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 Cio� 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 o�nd noise contour standards
are different for office and residential uses.
Motion by Mayor Blom, seconded by Mayor Pao Tem O'NeilllLo a) find the overriding action
is exempt and not subject to further environmental review under 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 fulIr 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 Plan (PC-11) and Newport Airport Village Planned Community
Development Plan (PC-60) Necessary 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 Councilmem Weigand recusing himself and Councilmember Stapleton absent,
the motion carried -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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