Waive reading of subject minutes, approve as written, and order filed.

Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only.

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.

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.

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.

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.

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).

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.

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 Submitte4d for Inclusion in the 2015 Federal Transportation Improvement program within FY 2014/15-2019-20 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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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

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.

Receive, review, and file the Annual Reports on Development Impact Fees and Development Agreements.

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.

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 II 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).

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.

Direct staff to take the necessary steps to follow the Air Quality Management District’s (AQMD) Rule 444, including, but not limited t 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 I) and/or the Corona del Mar State Beach area (Phase II), 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.