Council to consider overriding airport commission finding, terminating commercial solid waste hauler contract, will also review CIP

By SARA HALL

The Newport Beach City Council will hear a variety of items at their meeting next week.

At the Tuesday (May 28) meeting, during the study session and the regular meeting, council will consider or review: an airport commission’s finding of inconsistency on the city’s housing element implementation program amendments; terminating a contract for a commercial solid waste hauler; the proposed fiscal year 2024-25 capital improvement program and budget; findings of the Public Safety Technology Ad Hoc Committee, and a purchase agreement junior lifeguard program uniforms and apparel.

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Photo by Sara Hall

Newport Beach City Council will consider a variety of items at next week’s meeting

During the public hearings portion of the meeting, council will discuss and vote on a resolution with the intent to override the Orange County Airport Land Use Commission’s designation of inconsistency for the city’s housing element implementation program amendments.

Council previously voted to override ALUC’s finding of inconsistency for noise-related amendments to the housing element implementation plan.

According to the Airport Environs Land Use Plan for John Wayne Airport and state code, the city of Newport Beach is required to submit the housing element Implementation program amendments to the Orange County Airport Land Use Commission for a consistency determination with the AELUP. The ALUC conducted a hearing on the matter on May 16 and found the amendments to be inconsistent with the AELUP.

On Tuesday, the council will consider overriding ALUC’s finding, and provide notice to the commission and the state of the city’s intention.

After council adopted the 2020-2029 Housing Element last September, the California Department of Housing and Community Development certified the document as substantially compliant with state housing laws on Oct. 5, 2022.

When the housing element was being drafted, the ALUC reviewed these sites and found the entire document to be inconsistent with the AELUP. Ultimately, council overruled ALUC’s determination, finding it inconsistent with state law, and adopted the housing element with these sites included.

The housing element includes an inventory of potential candidate housing sites in “focus areas” to meet the city’s Regional Housing Needs Assessment allocation of 4,845 new units of varying affordability levels. The airport area includes 62 new housing opportunity sites that could accommodate up to 2,577 housing units.

According to next week’s staff report, to comply with state law, the city has been working diligently to implement the planning strategy outlined in the housing element no later than February 2025. The implementing programs and strategies includes several amendments and actions, including:

–General plan amendment to revise the necessary goals and/or policies within the city’s land use element to support housing production in the focus areas.

–Planning and zoning code amendment to implement the land use element’s policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi-unit residential and mixed-use development projects.

Local coastal program amendment to revise and create new policies within the city’s coastal land use plan and update the related code to support housing production in the identified focus areas.

–Program environmental impact report to analyze potential environmental impacts under the California Environmental Quality Act related to the implementation of the housing element through providing additional housing development capacity.

For their finding of inconsistency for the program amendments, ALUC, in their determination letter, cited sections in the Airport Environs Land Use Plan for JWA related to aircraft noise, safety compatibility, assisting local agencies in ensuring compatible land uses in the vicinity of existing airports and the general policy of the AELUP.

It’s a two-step process to override ALUC’s determination. The first step in the process is to conduct a public hearing to adopt a resolution of intention to override. The resolution to overrule ALUC must be adopted by a two-thirds vote. The second step in the process is that not less than 45 days after notification has been sent to the ALUC and the state, the council may conduct a second public hearing to consider adoption of a resolution to override the ALUC. At this time, the council may also consider the project entitlements and take final action on the application.

Also on Tuesday, during regular business, council will consider terminating a contract for a commercial solid waste hauler.

Council initially considered ending the non-exclusive franchise agreement with Key Disposal & Recycling, Inc. on March 26, but following a passionate plea from the company, they ultimately continued the item until a future meeting to give the company time to comply.

At the time of the March meeting, councilmembers commended the Key Disposal officials for speaking out at the meeting, but also emphasized the need for the company to resolve the compliance issues and provide the specific documentation required by the city.

At that same March meeting, council unanimously agreed to terminate another non-exclusive franchise agreement for commercial solid waste with Haul-Away Rubbish Service Co.

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Newport Beach utilizes a non-exclusive commercial franchise waste hauling system for the collection of municipal solid waste, recyclables, organic waste and construction and demolition debris. Council previously approved a model agreement amending the 2020 franchise agreement to include explicit state diversion compliance requirements and revised insurance requirements for franchisees.

City staff regularly reviews franchise haulers to ensure compliance to the 2020 agreement.

CalRecycle, the state agency responsible for managing statewide recycling and waste management programs, has placed Newport Beach under a corrective action plan (CAP) due to the city failing to meet waste diversion requirements established by state laws that set statewide waste diversion targets for organics, green waste and food scraps and recyclable waste. Under the CAP, the city is required to demonstrate “significant progress” in meeting the waste diversion requirements established by the legislation.

Staff reported at the March meeting that both Haul-Away Rubbish Service Co. and Key Disposal & Recycling, Inc., failed to comply with multiple terms in the 2020 franchise agreement, which prompted the request for termination. The city issued notices of intention to terminate both contracts on March 8.

According to Charles Springer, the city’s refuse manager, Key Disposal failed to comply with 10 terms of the 2020 franchise agreement and did not provide the city-requested deliverables after issuing the notice of default. Key Disposal officials attempted to cure the default, but either did not supply what was asked or did not supply sufficient response to four of the seven items listed, Springer said at the March meeting.

When the item was heard again at the May 14 meeting, staff reported that Key Disposal has been unable to fulfill the outstanding requirements. As a result, staff recommended termination of Key Disposal’s 2020 franchise agreement.

At the City Council’s suggestion, Key Disposal was provided the option of voluntarily relinquishing its tier 1 franchise, and retain their tier 2 franchise, rather than continue with the formal termination.

According to the staff report for next week’s item, after the May 14 meeting, staff requested written confirmation of relinquishment. But, as of May 21, the company has not voluntarily relinquished its franchise, nor did Key Disposal supply a signed amendment to only allow tier 2 service, as offered by the city.

Earlier in the meeting, during the study session, council will review the proposed fiscal year 2024-25 capital improvement program and budget.

Staff will present the recommended CIP, which serves as a plan for the provision of public improvements, special projects, ongoing maintenance programs and the implementation of the city’s master plans.

Projects in the CIP include improvements and major maintenance on arterial highways, local streets and alleys; storm drain and water quality improvements; harbor, pier and beach improvements; park and facility improvements; water and wastewater system improvements; transportation safety, reliability and traffic signal improvements, and planning programs and studies.

The presentation will also focus on the proposed CIP budget of $90.25 million.

Also during the study session, council will hear the findings of the Public Safety Technology Ad Hoc Committee, as presented by Newport Beach Police Department staff. The presentation will include new technology projects to enhance public safety.

Prior to current business during the regular meeting, on the consent calendar (items considered routine and usually voted in one motion without discussion unless a councilmember pulls the item), council will consider a purchase agreement for junior lifeguard program uniforms and apparel. The approximately $1.82 million contract is recommended to be approved with Florence Marine X, LLC, with a two-year initial term with three additional, one-year extensions (for an approximate total five-year term).

Participants in the Newport Beach Junior Lifeguard Program are required to wear uniforms, which are included with the program fee.

The city already completed its order for the upcoming summer season under an existing purchase agreement, which expires in September. A new request for proposals procurement process was issued and Florence was ranked as the highest rated proposer able to provide a complete set of uniforms and apparel.

The council agenda is available online here. The study session starts at 4 p.m., followed by the closed session, then the regular meeting at 5:30 p.m.

The meeting can be watched live on the local NBTV channel (Spectrum 3 or Cox 852) or on the city’s website here.

Members of the public may speak in person in council chambers (there is not a remote or online option to participate).

Questions and comments can be submitted in writing for City Council consideration by sending them to the city clerk at cityclerk@newportbeachca.gov. To give the council adequate time to review comments, submit any written comments by 5 p.m. on May 27 (the day before the City Council meeting). Correspondence received by this deadline will be uploaded to the agenda packet by May 27 at 5:30 p.m. and can be viewed here.

Material received after the deadline and prior to 2 p.m. on May 28 (the day of the meeting) will be provided to the council in hard copy and will be available to the public at the meeting.

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Sara Hall covers City Hall and is a regular contributor to Stu Newport.


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