HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach June 11, 2024
May 28, 2024 Agenda Item No. 1
Jim Mosher stated his objection to the item, expressed concern for having housing by the airport,
and doubted Council's ability to make the finding that adding new housing would further the State's
effort to minimize the public's exposure to excessive noise and safety hazards.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Motion by Mayor O'Neill, seconded by Councilmember Blom, to a) find that the proposed
overriding action is not subject to 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) adopt Resolution No. 2024-32, A
Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County
Airport Land Use Commission (ALUC) and State Division of Aeronautics Program of the City's
Intention to Find that Amendments to the General Plan, Coastal Land Use Plan, and Title 20
(Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code Necessary to Implement the General Plan 6th Cycle Housing Element are
Consistent with the Purpose of the State Aeronautics Act and Overrule ALUC's Determination that
the Amendments are Inconsistent with the 2008 John Wayne Air rt Land Use Plan (PA2022-0245).
The motion carried unanimously.
XIX. CURRENT BUSINESS _ No
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18.Ordinance No. 2024-14: Terminating a Non-E a Franchise Agreement for
Commercial Solid Waste
In response to Mayor O'Neill's request for an update ince the last Council meeting, Senior
Management Analyst Springer stated that �ke hauler has not confirmed their voluntary rescinding
of the Tier 1 franchise agreement and that, a requested deliverable of confirmation between the
client and hauler has not been received, and although correspondence with the commercial entity
has been confirmed, and recent efforts have been made, in relation to recission of Tier 1, no effort
has been made. He indicated that staff is not satisfied enough to justify maintaining the status.
AN IV
Councilmember Weigand expressed an interest in resolving the matter promptly.
John Katangian, President of Key Disposal & Recycling, Inc., thanked Council for their time and
indicated he thought he met the compliance requirements that are within his control.
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In response to Mayor O'Neill's question, Mr. Katangian stated that the emails related to Tasks 3
and 4 were not incluW in the May14 staff report and would have prevented the termination. He
noted that he used th waste processing company that was recommended by staff despite having
better facility options, and took issue that staff stopped responding to him.
Shelline Katangian stated that she sent reports late due to the time constraint, met with the store
and finished Tasks 3 and 4 and sent them to staff on May 10, 2024, at 2:33 p.m. but received no
response, believed they went above and beyond for this one account, has completed all the requests,
and asked Council to review the information because she does not want to rescind their Tier 1
agreement.
In response to Mayor O'Neill's question, Assistant City Attorney Summerhill stated that adequate
evidence was available to terminate the agreement at this time. Senior Management Analyst
Springer noted compliance inconsistencies and clarified that the hauler has met the requirements
as per conversations with the client. Public Works Director Webb added that compliance should
have started at the time of signing the agreement but the City is just now getting what is needed,
expressed concern for confidence in the hauler, and noted the circumstances with the hauler being
a waste broker.
Volume 66 - Page 108