HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, NOVEMBER 26, 2013
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE
REGULAR MEETING - 7:00 P.M.
RUSH N. HILL, II
Mayor Pro Tern
TONY PETROS
Council Member
EDWARD D. SELICH
Council Member
KEITH D. CURRY
Mayor
MICHAEL F. HENN
Council Member
LESLIE DAIGLE
Council Member
-A _i NANCY GARDNER
Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk
STEVE BADUM - Assistant City Manager
TERRI CASSIDY - Deputy City Manager /Human Resource Director
DAVE WEBB - Public Works Director
NOTICE TO THE PUBLIC
The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the
minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card
as a condition to addressing the Council. If you do fill out the card, please place it in the box at the podium.
PUBLIC HEARINGS: If in the future, you wish to challenge in court any of the matters on this agenda for which a
public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised
orally at the public hearing or in written correspondence received by the City at or before the hearing.
This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office located at
100 Civic Center Drive, Bay E, 2nd Floor. Staff reports or other written documentation have been prepared or
organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are held
on the second and fourth Tuesdays of each month at 7:00 p.m., except in the months of August and December when
there will be at least one regular meeting in August and one regular meeting in December. If you have any questions or
require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please
contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the City's
website: http:// www. newportbeachoa .gov /CouncilAgendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will
attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible (949- 644 -3005 or
citycle rk (aD n ewpo rtbeach ca. q ov).
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
NOVEMBER 26, 2013
REGULAR MEETING
7:00 P.M.
STUDY SESSION — 4:00 p.m.
CLOSED SESSION — After Study Session - Council Chambers Conference Room
The City Council will meet in Closed Session to discuss the agenda items and issues listed below. Prior
to entering Closed Session, the City Council welcomes public comments on these items and
issues. Public comments are generally limited to three (3) minutes per person for all Closed Session
agenda items.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8):
Properties and Owners:
1. APN — 423 - 102 -03: Lido Pacific, LLC
2. APN — 423 - 382 -05: Lido Pacific, LLC
3. APN — 423 - 102 -02: Terra Cotta Realty Fund, LLC
Agency Negotiator: Pat Thomas, Deputy Public Works Director
Negotiating Parties: Lido Pacific, LLC, and Terra Cotta Realty Fund, LLC
Under Negotiation: Instruction to negotiator will concern price and terms of payment.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8):
Property: 1516 W. Balboa Blvd, Lots 9 & 10, Block 115, Newport Beach, CA
Agency Negotiator: Dave Kiff, City Manager
David W. Webb, Director of Public Works
Negotiating Parties: Southern California Edison
Under Negotiation: Instruction to negotiator will concern price and terms of payment.
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6):
Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City
Manager; Negotiators
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards
(ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League
(NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management
Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Police
Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach
Professional and Technical Association (NBPTEA); and Part-Time Employees Association of Newport
Beach (PTEANB).
Testimony given before the City Council is recorded.
The timing light will turn yellow when the speaker has one minute left.
The timing light will turn red when the speaker has 10 seconds left.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the Office of the City Clerk located at 100 Civic Center Drive, Bay E, 2nd Floor, during normal business hours.
In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov.
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Vl. CLOSED SESSION REPORT
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION
IX. PRESENTATIONS
1I1 Marines Foundation
Presentation by Corona del Mar High School Seniors Regarding a Newport Beach Senior Citizen
Needs Survey
X. NOTICE TO THE PUBLIC
The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of
the card is not required in order to address the City Council. If the optional sign -in card has been
completed, it should be placed in the box provided at the podium.
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three (3) minutes per person to allow everyone to speak. Written
comments are encouraged as well. The City Council has the discretion to extend or shorten the time
limit on agenda or non - agenda items. As a courtesy, please turn cell phones off or set them in the silent
mode.
Xl. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
Public comments are invited on CONSENT CALENDAR (Items 1 - 29). Speakers must limit comments
to three (3) minutes. Before speaking, please state your name for the record. To the extent that any
item is removed from the Consent Calendar by a Council Member, members of the public are invited to
speak on each item for up to three (3) minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by
one motion in the form listed below. The City Council has received detailed staff reports on each of the
items recommending an action. There will be no separate discussion of these items prior to the time the
City Council votes on the motion unless members of the City Council request specific items to be
discussed and /or removed from the Consent Calendar for separate action.
XIII. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE NOVEMBER 12, 2013 STUDY SESSION AND REGULAR
MEETING. Waive reading of subject minutes, approve as written, and order filed.
2. READING OF ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct the City Clerk to read by title only.
B. ORDINANCES FOR INTRODUCTION
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3. AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE AND ADOPTION OF
RESOLUTION RELATED TO RESIDENTIAL AND COMMERCIAL PIERS.
a) Introduce Ordinance No. 2013 -27, An Ordinance of the City Council of the City of
Newport Beach Amending Chapter 17.60 and Subsection 17.35.020(B)(2) of the
Newport Beach Municipal Code Regarding Residential and Commercial Piers Located
Upon Tidelands, and pass to a second reading on December 10, 2013; b) adopt
Resolution No. 2013 -88, A Resolution of the City Council of the City of Newport Beach
Adjusting the Rental Calculation and Approving a Revised Model Permit Template for
Residential Piers Located Upon Tidelands, and Amending Resolution No. 2012 -98 to
Reclassify Certain Homeowner's Association (HOA) Slips from Commercial to
Residential; c) approve the reclassification of HOA slips to be retroactively applied
beginning March 1,2013, and approve refunds or credits for those affected HOAs; and
d) direct staff to develop an administrative policy to use Harbor Patrol generated rental
revenue collected from transient moorings for amenities in Newport Harbor that
generally benefit all mooring permittees, to the extent that desirable projects are
identified each year.
4. REPEAL OF THE INCLUSIONARY HOUSING PROVISIONS CONTAINED IN THE
NEWPORT BEACH MUNICIPAL CODE (PA2013 -221). Introduce Ordinance
No. 2013 -28, An Ordinance of the City Council of the City of Newport Beach Repealing
Chapter 19.54 (Inclusionary Housing) of Title 19 of the Newport Beach Municipal Code,
1) finding that all significant environmental concerns for the proposed project have been
addressed in the previously adopted Negative Declaration SCH No. 2011091088; and
2) approving Code Amendment No. CA2013 -008 to repeal Chapter 19.54 of the
Newport Beach Municipal Code, and pass to second reading on December 10, 2013.
5. ADOPTION OF ORDINANCE NO. 2013 -18 AMENDING NEWPORT BEACH
MUNICIPAL CODE SECTION 3.36.030. Conduct second reading and adopt
Ordinance No. 2013 -18, An Ordinance of the City Council of the City of Newport Beach
Amending Section 3.36.030 of the Newport Beach Municipal Code.
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 2013 -22
ESTABLISHING A PENALTY AMNESTY PROGRAM TO FORGIVE BUSINESSES
THAT PAY CERTAIN DELINQUENT ASSESSMENTS FOR THE CORONA DEL MAR
BUSINESS IMPROVEMENT DISTRICT FROM LIABILITY FOR PENALTIES. Conduct
second reading and adopt Ordinance No. 2013 -22, An Ordinance of the City Council of
the City of Newport Beach, California, Establishing a Penalty Amnesty Program to
Forgive Businesses that Pay Certain Delinquent Assessments for the Corona del Mar
Business Improvement District from Liability for Penalties.
ADOPTION OF ORDINANCE NO. 2013 -23 APPROVING CODE AMENDMENT NO.
CA2012 -008, WAIVING THE 10 ACRE MINIMUM SITE AREA AND ESTABLISHING
A PLANNED COMMUNITY DEVELOPMENT PLAN (PC) ZONING DISTRICT
(PA2012 -146) FOR 3303 AND 3355 VIA LIDO. Conduct second reading and adopt
Ordinance No. 2013 -23, An Ordinance of the City Council of the City Of Newport Beach
Approving Zoning Code Amendment No. CA2012 -008 for the Lido Villas Project
Located at 3303 and 3355 Via Lido (PA2012 -146).
D. RESOLUTIONS FOR ADOPTION
8. GENERAL FUND LOAN TO NEWPORT HARBOR CAPITAL FUND FOR MARINA
PARK, MARINA DREDGING AND DOCK CONSTRUCTION. a) Adopt Resolution
No. 2013 -84, A Resolution of the City Council of the City of Newport Beach
Memorializing the Existing Loan of $9,676,658.50 from the General Fund to the Harbor
Fund for the Dredging of Newport Harbor, Linda Isle and the Rhine Channel from 2011
to 2014; b) adopt Resolution No. 2013 -85, A Resolution of the City Council of the City of
Newport Beach Formalizing the City's Intent to Loan $6,132,900.00 from the General
Fund to the Harbor Fund for the Development of the Marina Portion of Marina Park; and
c) direct staff to request State Lands Commission (SLC) approval for the loan to the
Harbor Fund for the development of the marina portion of Marina Park.
9. ADOPT RESOLUTION TO APPROVE PROJECTS FOR THE 2015 FEDERAL
TRANSPORTATION IMPROVEMENT PROGRAM UPDATE. Adopt Resolution
No. 2013 -86, A Resolution of the City Council of the City of Newport Beach Certifying
that the City has the Resources to Fund the Projects Submitted for Inclusion in the 2015
Federal Transportation Improvement program within FY 2014115 - 2019 -20 and Affirms
its Commitment to Implement all Projects in the Program, affirming that the City intends
to fund and allocate resources to implement the Bicycle Corridor Improvement Projects
as part of the 2015 Federal Transportation Improvement Program.
10. RESOLUTION NO. 2013 -87 — A RESOLUTION OF INTENTION TO MODIFY THE
MANAGEMENT DISTRICT PLAN OF THE NEWPORT BEACH TOURISM BUSINESS
IMPROVEMENT DISTRICT. a) Approve Resolution No. 2013 -87, A Resolution of the
City Council of the City of Newport Beach Declaring its Intention to Modify the
Management District Plan of the Newport Beach Tourism Business Improvement
District; and b) direct the City Clerk to provide notice of the public meeting and public
hearing, as required by the California Streets Highways Code.
E. CONTRACTS AND AGREEMENTS
11. BAYSIDE COVE WALKWAY — NOTICE OF COMPLETION AND ACCEPTANCE OF
CONTRACT NO. 5276. 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 the Civil Code; and c) release the Faithful
Performance Bond one year after acceptance by the City Council.
12. 2012 -2013 CITYWIDE SLURRY SEAL PROGRAM — NOTICE OF COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 5320. 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 the Civil Code;
and c) release the Faithful Performance Bond one year after acceptance by the City
Council.
13. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA
TECH, INC. FOR NEWPORT BOULEVARD WATER TRANSMISSION MAIN
REPLACEMENT PROJECT. Approve Amendment No. 1 to the Professional Services
Agreement with Tetra Tech, Inc. to provide final engineering services for the Newport
Boulevard Water Transmission Main Replacement Project at a cost not to exceed
$152,400.00, and authorize the Mayor and City Clerk to execute Amendment No. 1 to
the agreement.
14. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
BASIN MARINE, INC. FOR BALBOA YACHT BASIN MANAGEMENT. Approve and
authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional
Services Agreement for Balboa Yacht Basin management with Basin Marine in an
amount not to exceed $151,996 to include a management fee of $6,833 per month for
twelve months and an allowance for additional work on a time and materials basis for a
not to exceed amount of $70,000 per year.
15. LIFEGUARD HEADQUARTERS REHABILITATION PROJECT — AWARD OF
CONTRACT C -4869. a) Approve the project drawings and specifications; b) award
Contract No. 4869 to Optima RPM for the total bid price of $1,546,000.00 including
acceptance of additive bid items A2, A3, A4, A5, A6 and A7 and authorize the Mayor
and City Clerk to execute the contract; c) establish a contingency of $154,000.00
(approximately 10 percent) to cover the cost of unforeseen work; and d) approve
Budget Amendment No. 14BA -022 transferring $596,000.00 from the Facilities
Financing Fund to the Lifeguard Facilities Fund and appropriating $596,000.00 from the
Lifeguard Facilities Fund unappropriated fund balance to Account No. 7414- C1002037
(Lifeguard Headquarters Rehabilitation).
16. 2013.2014 ANNUAL SIDEWALK, CURB AND GUTTER REPLACEMENT PROJECT -
AWARD OF CONTRACT NO. 5491. a) Approve the project drawings and
specifications; b) award Contract No. 5491 to Grigolla & Sons Construction Company,
Inc. for the total bid price of $639,950.00, and authorize the Mayor and the City Clerk to
execute the contract; c) establish an amount of $96,000.00 (15 %) to cover the cost of
unforeseen conditions as well as take advantage of opportunities to include additional
needed concrete work not included in the original contract; and d) approve Budget
Amendment No. 14BA -025 appropriating $298,000.00 from unappropriated General
Fund balance to Account No. 7013- C2001009 (Sidewalk, Curb and Gutter
Replacement); and recognizing $14,000.00 in revenue from a private contribution from
Lido Isle Community Association to Account No. 9010 -5901 and appropriating
$14,000.00 to 7013- C2001009.
17. CITY'S ACQUISITION OF THE SOUTHERN CALIFORNIA EDISON (SCE)
PROPERTY AT 1516 W. BALBOA AVENUE, ADJACENT TO MARINA PARK.
a) Approve the Agreement for Acquisition and Sale of Real Property by and between
the City of Newport Beach and SCE for a parcel of land located at 1516 W. Balboa
Boulevard for a cash purchase price of $600,000 which acknowledges a fair market
value of $1,500,000 for the parcel (as established in an appraisal dated May 24, 2012
from R.P. Laurain & Associates) and recognize that SCE will seek a charitable donation
tax credit for the excess value of $900,000; and b) direct the Mayor to execute and
record the Agreement and delegate authority to the City Manager to execute all
documents necessary to implement the terms of the Agreement to complete the City's
acquisition of the parcel.
18. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSONPENNA PARTNERS, INC. FOR STAFF SUPPORT SERVICES. Approve
Amendment No. 1 to Professional Services Agreement with AndersonPenna Partners,
Inc. of Newport Beach, California, for staff support services increasing the total
compensation by $200,000.00, and authorize the Mayor and City Clerk to execute the
Amendment.
19. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH URBAN
CROSSROADS FOR TRAFFIC IMPACT ANALYSIS SERVICES. a) Approve
Amendment No.1 to the Professional Services Agreement with Urban Crossroads of
Irvine, California at a cost not to exceed $144,000.00, and authorize the Mayor and City
Clerk to execute the Agreement; and b) approve Budget Amendment No. 14BA -024
appropriating $20,000 from the unappropriated General Fund balance to CIP Account
No. 7013- C3001003.
5
20. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
HINDERLITER, DE LLAMAS & ASSOCIATES (HDL) FOR SALES AND USE TAX
ANALYSIS AND APPEALS. Approve Amendment No. 2 to the Professional Services
Agreement with HdL which would 1) extend the term of the Agreement to September
30, 2018; and 2) increase the total compensation to HdL to $472,000.
21. CONTRACT AMENDMENT NO. THREE BETWEEN CITY AND HF &H
CONSULTANTS, LLC (HF &H) FOR RESIDENTIAL SOLID WASTE TRANSITION
AND CONTRACT MANAGEMENT SERVICES. Authorize the Mayor to sign the
Contract Amendment between the City and HF &H for Residential Solid Waste
Transition and Contract Management Services.
22. APPROVAL OF SIDE LETTER AMENDING THE 2012 -2014 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH POLICE ASSOCIATION (NBPA). Approve the Side Letter
Agreement with the NBPA to: 1) delay the previously agreed to salary adjustments and
California Public Employees Retirement System (PERS) employee retirement
contributions; and 2) include new employees (hired under the Tier III benefit formula) in
the "cost -share agreement" to contribute the same total amount toward retirement as
employees in Tiers I and Il.
23. APPROVAL OF SIDE LETTER EXTENDING THE 2012 -2014 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH FIREFIGHTERS ASSOCIATION (NBFA) TO DECEMBER 31,
2014 AND APPROVAL OF SETTLEMENT AGREEMENT. Approve the Side Letter
with the NBFA to extend the expiration date of the Memorandum of Understanding from
June 30, 2014 to December 31, 2014; and b) approve the Settlement Agreement
between the City and NBFA to settle all disputes regarding back payment of overtime
for the period January 1, 2010 through December 31,2011.
24. FIRST AMENDED & RESTATED EMPLOYMENT AGREEMENT FOR CITY
ATTORNEY. Approve and authorize the Mayor and City Clerk to execute the First
Amended and Restated Employment Agreement for the City Attorney.
F. MISCELLANEOUS
25. PLANNING COMMISSION AGENDA FOR NOVEMBER 21. 2013. Receive and file.
26. HUMAN SERVICES GRANTS FOR FISCAL YEAR 2013 -2014. Pursuant to City
Council Policy A -12, Discretionary Grants, find that the organizations listed below have
worthy projects or programs that serve residents and are beneficial to resident's quality
of life, and authorize the allocation of $25,000 in Human Services Grants in the
following manner:
Youth Employment Services (Harbor Area)
$4,000
Serving People in Need (SPIN)
$3,000
Orange County Council on Aging
$4,000
Advocates for Grandparent - Grandchild Connection
$3,000
Central Orange Coast YMCA
$3,500
Newport Harbor High School
$3,500
Boys & Girls Club of the Harbor Area
$4,000
27. 2014 BOWL CHAMPIONSHIP SERIES ( "BCS ") NATIONAL CHAMPIONSHIP
BANNERS — APPROVAL OF ENCROACHMENT PERMIT N2013 -0425. a) Waive the
provisions of Council Policy L -16 (Temporary Banners Extending Over the Public Right -
of -Way) pertaining to the number of banners allowed, the requirement that the event is
open to the public and free of charge, and that the event is co- sponsored by the City;
b) conditionally approve the Pasadena Tournament of Roses Association's request to
install a maximum of 176 banners from Monday, December 16, 2013, to Tuesday,
January 14, 2014, for the 2014 VIZIO Bowl Championship Series (BCS) National
Championship (installation will be along MacArthur Boulevard from Campus Drive to
Jamboree Road and along Jamboree Road from University Drive to East Coast Hwy);
and c) authorize staff to record an expense of $1,393.00 in the City Manager's budget
account of 0340 -8250, and credit revenue accounts to 5200 -5016 by $311.00, 5200-
5033 by $879.00, 5200 -4626 by $53.00, and 5100 -5014 by $150.00.
28. ACCEPTANCE OF REIMBURSEMENT FROM U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT. a) Approve Budget Amendment No. 14BA -023 to accept $18,510.07
from the U.S. Immigration and Customs Enforcement and deposit into Revenue
Account No. 1820 -4931 for the Police Department; b) appropriate the funds to the
Detective Overtime, Safety Account No. 1850 -7041; and c) approve acceptance of
future reimbursements.
29. ANNUAL REPORTING ON DEVELOPMENT IMPACT FEES AND DEVELOPMENT
AGREEMENTS. Receive, review, and file the Annual Reports on Development Impact
Fees and Development Agreements.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED.
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Public comments are invited on non - agenda items generally considered to be within the subject matter
jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking,
please state your name for the record.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVII. PUBLIC HEARINGS
30. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH G. O.
RODRIGUEZ TRUCKING, INC., A CALIFORNIA CORPORATION. a) Conduct a public
hearing to consider the award of a Non - Exclusive Solid Waste Franchise to G. O. Rodriguez
Trucking, Inc.; and b) conduct second reading and adopt Ordinance No. 2013 -26, An Ordinance
of the City Council of the City of Newport Beach Granting a Non - Exclusive Commercial Solid
Waste Franchise to G. O. Rodriguez Trucking, Inc., a California Corporation, to Provide Solid
Waste Collection Services upon the City Streets and Within the City of Newport Beach.
31. ADOPTION OF THE 2013 CALIFORNIA BUILDING CODES AND OTHER DESIGN AND
CONSTRUCTION RELATED CODES. a) Conduct a public hearing; and b) conduct second
reading and adopt Ordinance No. 2013 -24, An Ordinance of the City of Newport Beach
Amending Title 15 of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1
Division It of the 2013 California Building Code Designated as the Newport Beach
Administrative Code; to Adopt the 2012 International Property Maintenance Code; the 2013
California Historical Code; the 2013 California Existing Building Code; to Adopt with Local
Amendments to the 2013 Edition of the California Building Code; the 2013 Edition of the
California Residential Code; the 2013 California Electrical Code; the 2013 California Plumbing
Code; the 2013 California Mechanical Code; the 2012 Uniform Swimming Pool, Spa and Hot
Tub Code; the Excavation and Grading Code; and the 2013 California Green Building
Standards Code (Title 24 of the California Code of Regulations).
32. SECOND READING — ORDINANCE NO. 2013 -25 ADOPTING THE 2013 CALIFORNIA FIRE
CODE (TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS) WITH LOCAL
AMENDMENTS AND ADMINISTRATIVE PROVISIONS, INTO TITLE 9 OF THE NEWPORT
BEACH MUNICIPAL CODE. a) Conduct a public hearing; and b) conduct second reading and
adopt Ordinance No. 2013 -25, An Ordinance of the City of Newport Beach Amending Title 9 of
the Newport Beach Municipal Code to Adopt the 2013 California Fire Code (Title 24, Part 9 of
the California Code of Regulations) with Local Amendments as the Newport Beach Fire Code.
XVIII. CURRENT BUSINISS
XIX.
33. BEACH BURNING /FIRE RINGS — COMPLIANCE WITH SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT (AQMD) RULE 444. Direct staff to take the necessary steps to
follow the Air Quality Management District's (AQMD) Rule 444, including, but not limited to:
1) spacing wood - fueled rings at a minimum of 50' from each other while retaining the same
overall footprint within which sixty (60) rings are located today; 2) limiting the type of material
burned in wood - fueled rings to natural firewood and /or low -smoke burning logs, provided that
the City staff reviews and approves the type of firewood or low -smoke burning logs;
3) authorizing the City staff or a vendor to provide for the sale of the natural firewood and /or low
smoke burning logs in locations proximate to the remaining wood - fueled fire rings, along with
appropriate enforcement and supervision; 4) in addition to the 27 natural wood burning rings,
participating with the AQMD in reviewing, permitting, installing, and supervising any alternative -
fuel fire ring demonstration project at the Balboa Pier area (Phase 1) and /or the Corona del Mar
State Beach area (Phase 11), provided that safety concerns are addressed to the City's
satisfaction; 5) authorizing the Mayor to enter into any agreement associated with the AQMD
Demonstration Project; 6) providing for the appropriate rules, regulations, enforcement and
supervision of Items #2 - #4 above; 7) seeking permit approval by the California Coastal
Commission or any other agency (where applicable); and 8) taking any other action consistent
with the above approach.
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the
previous meeting may be made only by one of the Council Members who voted with the prevailing side.
XX. ADJOURNMENT — In memory of Lucille Kuehn