HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY, NOVEMBER 12, 2013
CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE
REGULAR MEETING - 7:00 P.M.
KEITH D. CURRY
Mayor
RUSH N. HILL, II MICHAEL F. HENN
Mayor Pro Tern a A 0 Council Member
TONY PETROS ♦ V, ` LESLIE DAIGLE
Council Member . Council Member
EDWARD D. SELICH A � NANCY GARDNER
Council Member 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, Z' 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. newportbeachca .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
cityclerkn newportbeachca.gov).
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
NOVEMBER 12, 2013
REGULAR MEETING
7:00 P.M.
STUDY SESSION — 4:00 p.m.
II. 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 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).
B. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6)
Agency Designated Representatives: Council Member Michael F. Henn
Unrepresented Employee: Aaron C. Harp, City Attorney
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
VI. CLOSED SESSION REPORT
VII. PLEDGE OF ALLEGIANCE
VIII. INVOCATION
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.
IX.
Presentation of Plaque to Outgoing City Arts Commissioner
Presentation to the City of HEAL Cities Certificate
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.
XI. 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 - 17). 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 andlor removed from the Consent Calendar for separate action.
XIII. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
MINUTES FOR THE OCTOBER 22, 2013 SPECIAL MEETING 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. RESOLUTIONS FOR ADOPTION
3. APPROVAL OF MEASURE M2 EXPENDITURE REPORT. Adopt Resolution
No. 2013 -74 , A Resolution of the City Council of the City of Newport Beach Concerning
the Measure M2 Expenditure Report for the City of Newport Beach, approving the M2
Expenditure report, substantially to form, subject to technical revisions in conformance
with Orange County Transportation Authority (OCTA) guidelines.
4. WOODY'S WHARF USE PERMIT APPEAL — 2318 NEWPORT BOULEVARD — USE
PERMIT NO. UP2011 -010 — VARIANCE NO. VA2013 -006 (PA2011 -055). Adopt
Resolution No. 2013 -75, A Resolution of the City Council of the City of Newport Beach
Upholding in Part and Reversing in Part the Planning Commission's Decision
Regarding Conditional Use Permit No. UP2011 -010 by Approving a Change to the
Opening Hour and the Valet Parking Plan and Parking Waiver but Denying Extension of
the Closing Hour of the Outdoor Patio Area, Patron Dancing, and a Change to the
Interior and Outdoor Patio Floor Plan; Approving Variance VA2013 -006 to Allow an
Encroachment into the Bulkhead Setback; and Superseding Use Permit No. 3065 and
Outdoor Dining Permit No. 1 for an Existing Eating and Drinking Establishment Located
at 2318 Newport Boulevard (PA2011 -055), related to Variance No. VA2013 -006 and
Use Permit No. UP2011 -010 which:
1. Finds the approved elements of this project application exempt from the California
Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the
CEQA Guidelines, but that the denied elements contain potentially significant
impacts inappropriate for this CEQA exemption;
2. Upholds the Planning Commission approval of Variance VA2013 -006 to allow the
patio cover to encroach into the bulkhead setback area; and
3. Modifies the Planning Commission approval of Use Permit No. UP2011 -010 to:
a. Approve extending the opening hour of the restaurant and outdoor patio area
from 11:00 a.m. to 10:00 a.m., daily;
b. Approve limiting the provision of valet parking to Friday and Saturday nights
and holidays from 6:00 p.m. to closing;
c. Approve waiver of six (6) parking spaces of the required forty (40) parking
spaces when valet service is not in use;
d. Deny extending the closing hour of the outdoor patio area from 11:00 p.m. to
2:00 a.m. on Friday and Saturday nights, and thereby retains the nightly
11:00 p.m. closing hour of the outdoor patio area;
e. Deny allowing patron dancing;
f. Deny removing tables and chairs within the restaurant and outdoor patio area;
and
g. Supersede Use Permit No. 3065, 3065 (amended) and Outdoor Dining Permit
No. 1.
5. LOCAL COASTAL PROGRAM GRANT PROPOSAL AUTHORIZATION. a) Find that
this authorization is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15061.b.3 of the CEQA Guidelines; and b) adopt Resolution
No. 2013 -76, A Resolution of the City Council of the City of Newport Beach Authorizing
Submittal of a Grant Proposal to, and Authority to Enter into a Contract with, the
California Coastal Commission and Designating an Authorized Representative.
C. ORDINANCE FOR ADOPTION
6. ADOPTION OF ORDINANCE NO. 2013 -21 APPROVING CODE AMENDMENT
NO. CA2013 -005 AMENDING NEWPORT BEACH MUNICIPAL CODE SECTION
20.90.060 (RESIDENTIAL EQUESTRIAN DISTRICT: SP -7 (REQ)) REMOVING
ANNUAL USE PERMITS FOR THE NONCOMMERCIAL KEEPING OF THREE TO
SIX HORSES (PA2013 -114). Conduct second reading and adopt Ordinance No. 2013-
21, An Ordinance of the City Council of the City of Newport Beach Adopting Zoning
Code Amendment No. CA2013 -005 Amending Section 20.90.60 (Residential
Equestrian District: SP -7 (REQ)) Removing Annual Use Permits for the Keeping of
Three to Six Horses in the REQ (Residential Equestrian) District of the SP -7 (Santa Ana
Heights Specific Plan) Zoning District (PA2013 -114), approving Code Amendment
No. CA2013 -005.
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D. CONTRACTS AND AGREEMENTS
PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR
MARINA PARK SPECIALTY INSPECTION AND MATERIAL TESTING SERVICES.
Approve a Professional Services Agreement with GMU Geotechnical, Inc. of Rancho
Santa Margarita, California, for the specialty inspection and material testing services
needed for the Marina Park Project at a cost not to exceed $206,487.00, and authorize
the Mayor and City Clerk to execute the Agreement. Continued from the 10122113 City
Council meeting.
8. INFORMATION TECHNOLOGY CONSULTING SERVICES — AMENDMENT NO.
ONE. Approve the amendment of the contract. Continued from the 10122113 City
Council meeting.
9. CENTRAL LIBRARY HVAC SYSTEM UPGRADES — NOTICE OF COMPLETION
AND ACCEPTANCE OF CONTRACT NO. 5277. 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.
10. BALBOA BOULEVARD LANDSCAPING - AWARD CONTRACT NO. 4842.
a) Approve the project drawings and specifications; b) declare the bids submitted by
Pima Corporation and Environmental Construction, Inc. as non - responsive; c) award
Contract No. 4842 to GMC Engineering, Inc. (GMC) for the total bid price of
$2,247,357.75, and authorize the Mayor and City Clerk to execute the contract;
d) establish a contingency of $224,642.25 (approximately 10 percent) to cover the cost
of unforeseen work; and e) approve Budget Amendment No. 14BA -019 appropriating
$590,000.00 from the unappropriated General Fund balance to Account No. 7013 -
C2002063 (Balboa Boulevard Landscaping).
11. BAYSIDE DRIVE AND AREA STREETS PAVEMENT REHABILITATION - AWARD
CONTRACT NO. 5212. a) Approve the project drawings and specifications; b) award
Contract No. 5212 to All American Asphalt for the total bid price of $1,207,207.00, and
authorize the Mayor and City Clerk to execute the contract; and c) establish an amount
of $120,000 (10 %) to cover the cost of unforeseen work not included in the original
contract.
12. PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS FOR
DOVER DRIVE AND WESTCLIFF DRIVE STREET REHABILITATION PROJECT.
a) Approve a Professional Services Agreement with Civil Works Engineers of Costa
Mesa, California, for engineering services at a not -to- exceed fee of $220,360.00, and
authorize the Mayor and City Clerk to execute the Agreement; and b) approve Budget
Amendment No. 14BA -020 recognizing $633,000 in contributions from Orange County
Sanitation District (Revenue Account No. 250 -4858) and appropriating $50,000 to the
Dover Drive and Westcliff Drive Street Rehabilitation project account (7251- C2002018).
13. PROFESSIONAL SERVICES AGREEMENT FOR ONGOING COMMISSIONING
SERVICES FOR CIVIC CENTER WITH GLUMAC. a) Approve the Professional
Services Agreement with Glumac, and authorize the Mayor and the City Clerk to
execute the Agreement; and b) approve Budget Amendment No. 14BA -021
appropriating $40,000 from the unappropriated General Fund balance to M &O Account
No. 3140 -8244.
E. MISCELLANEOUS
14. PLANNING COMMISSION AGENDA FOR NOVEMBER 7, 2013. Receive and file.
15. APPOINTMENT OF DISTRICT 1 ALTERNATE MEMBER TO THE AVIATION
COMMITTEE. a) Waive the portion of City Council Policy A -2 (Board, Commission, and
Committee Appointments), which requires an appointee to be a qualified elector of the
City; and b) confirm Council Member Mike Henn's nomination of Donald Hecht as the
District 1 Alternate Member to the Aviation Committee.
16. ACCEPT 2011 HOMELAND SECURITY GRANT PROGRAM FUNDS FOR
VOLUNTEER EMERGENCY MANAGEMENT ID BADGE SYSTEM. Approve Budget
Amendment No. 14BA -018 recognizing a $12,600.00 grant from Homeland Security in
Revenue Account No. 2335 -4932 and appropriating $12,600.00 to the Fire Department
Special Department Supplies NOC account, 2335 -8200.
17. VISIT NEWPORT BEACH, INC. (VNB) ANNUAL MARKETING PLAN, FINANCIAL
STATEMENTS AND BUDGET AND THE NEWPORT BEACH TOURISM BUSINESS
IMPROVEMENT DISTRICT (NBTBID) ANNUAL REPORT. a) Authorize a one -time
waiver of the timelines provided in Section 6 of the Agreement; b) review VNB's
Performance Standards /Marketing Goals Report; c) review VNB's Annual Marketing
Plan; d) review, approve and /or modify VNB's FY 2013 -2014 budget; e) review VNB's
FY 2011 -2012 and FY 2012 -2013 Audited Financial Statements; and f) review and
approve the FY 2013 -2014 NBTBID Annual Report.
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
18. APPROVAL OF MASTER FEE SCHEDULE (COST OF SERVICES PORTION) AND CHANGE
IN SUBSIDIES. a) Conduct a public hearing; b) introduce 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, and pass to second reading on November 26, 2013; and
c) conduct second reading and adopt Ordinance No. 2013 -19, An Ordinance of the City Council
of the City of Newport Beach Amending Newport Beach Municipal Code Sections 5.04.210 and
12.68.040.
19. 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. a) Hold a public hearing regarding the penalty amnesty program for the Corona
del Mar Business Improvement District; and b) introduce 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, and pass to second reading on
November 26, 2013.
20. RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 22 - BALBOA
BOULEVARD BETWEEN WEST COAST HIGHWAY AND 22ND STREET. a) Conduct a public
hearing on formation of Underground Utility District No. 22; b) if so desired, adopt Resolution
No. 2013 -75, A Resolution of the City Council of the City of Newport Beach Establishing
Underground Utilities District No. 22 (Balboa Boulevard Between West Coast Highway and 22nd
Street) and Ordering the Removal of Poles, Overhead Wires, and Associated Overhead
Structures within Underground Utility District No. 22; and c) direct staff to initiate project
implementation.
21. LIDO VILLAS (PA2012 -146) — 3303 AND 3355 VIA LIDO — GENERAL PLAN AMENDMENT
NO. GP2012 -005, COASTAL LAND USE PLAN AMENDMENT NO. LC2013 -001, CODE
AMENDMENT NO. CA2012 -008, SITE DEVELOPMENT REVIEW NO. SD2013 -001, TRACT
MAP NO. NT2013 -001 (TENTATIVE TRACT MAP NO. 17555), AND MITIGATED NEGATIVE
DECLARATION NO. ND2013 -001. a) Conduct a public hearing; b) adopt Resolution
No. 2013 -76, A Resolution of the City Council of the City of Newport Beach Adopting Mitigated
Negative Declaration No. ND2013 -001 for the Lido Villas Project Located at 3303 and 3355 Via
Lido (PA2012 -146), adopting the Lido Villas Mitigated Negative Declaration
No. ND2013 -001 (SCH No. 2013071050) including the Mitigation Monitoring and Reporting
Program pursuant to the California Environmental Quality Act; c) adopt Resolution No. 2013 -77,
A Resolution of the City Council of the City Of Newport Beach Approving General Plan
Amendment No. GP2012 -005 and Coastal Land Use Plan Amendment No. LC2013 -001 for the
Lido Villas Project Located at 3303 and 3355 Via Lido (PA2012 -146); d) introduce 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), establishing the Lido Villas Planned Community, and pass to second
reading on November 26, 2013; and e) adopt Resolution No. 2013 -78, A Resolution of the City
Council of the City of Newport Beach Approving Site Development Review No. SD2013 -001
and Tentative Tract Map No. NT2013 -001 for the Lido Villas Project Located at 3303 and 3355
Via Lido (PA2012 -146).
22. ADOPTION OF THE 2013 CALIFORNIA BUILDING CODES AND OTHER RELATED CODES.
a) Conduct a public hearing; b) adopt Resolution No. 2013 -79, A Resolution of the City Council
of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions
within the City Of Newport Beach Which Make Certain Modifications and Changes to the
California Building Code, the California Residential Code, the California Electrical Code, the
California Mechanical Code, and the California Plumbing Code as Reasonably Necessary;
c) introduce 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 ll 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; the 2013 California Green Building Standards Code (Title 24 of the California Code of
Regulations), and pass to a public hearing and second reading on November 26, 2013; and d)
find Ordinance No. 2013 -24 is not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2), 15061(b)(3) and 15060(c)(3) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
23. PUBLIC HEARING REGARDING AN ORDINANCE OF THE CITY OF NEWPORT BEACH
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;
b) adopt Resolution No. 2013 -80, A Resolution of the City Council of the City of Newport Beach
Setting Forth Findings Based on Local Conditions within the City of Newport Beach which Make
Certain Modifications and Changes to the California Fire Code as Reasonably Necessary;
c) introduce Ordinance No. 2013 -25, An Ordinance of the City of Newport Beach Amending
W
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, and conduct a first reading and pass to a public hearing and second reading on
November 26, 2013; and d) find Ordinance No. 2013 -25 is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15061(b)(3) and 15060
(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment; CEQA only applies to projects which have the potential for causing a significant
effect on the environment; and it has no potential for resulting in physical change to the
environment, directly or indirectly.
XVIII. CURRENT BUSINESS
24. ARALIA STREET PARKING ORDINANCE — SECOND READING. a) Conduct second reading
and if so inclined adopt Ordinance No. 2013 -20, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Section 12.68.060 of the Newport Beach Municipal Code
to Establish a Residential Parking Permit Program for Aralia Street, establishing a Preferential
Parking Zone for a One -Hour Parking Time Limit, 7:00 a.m. to 4:00 p.m. on School Days,
except by permit; for parking on Aralia Street; and b) direct staff to install signs on Aralia Street
giving notice of such parking restrictions.
25. NON - EXCLUSIVE COMMERCIAL SOLID WASTE COLLECTION FRANCHISE WITH G.O.
RODRIGUEZ TRUCKING, INC., A CALIFORNIA CORPORATION. a) Adopt Resolution of
Intention (Resolution No. 2013 -81), A Resolution of the City Council of the City of Newport
Beach Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a Non -
Exclusive Commercial Solid Waste Franchise to G.O. Rodriguez Trucking, Inc., a California
Corporation, to conduct a public hearing on November 26, 2013 to consider the award of a non-
exclusive commercial solid waste franchise to G.O. Rodriguez Trucking, Inc., a California
Corporation; b) direct the City Clerk to publish Resolution No. 2013 -81, within 15 days of its
adoption; and c) introduce 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, granting a non - exclusive solid
waste franchise to G.O. Rodriguez Trucking, Inc., a California corporation for a first reading.
Waive further reading and pass to second reading on November 26, 2013.
26. APPROVAL OF AGREEMENT FOR TREE MAINTENANCE SERVICES. Approve the
Agreement with GSTS to provide tree maintenance services to the City for a ten -year term, with
the opportunity for three two -year extensions, and authorize the Mayor and City Clerk to
execute the Agreement.
27. AGREEMENT BETWEEN CITY AND Cl INCORPORATED FOR RESIDENTIAL SOLID
WASTE COLLECTION AND RECYCLING SERVICES, AND TRANSFER STATION
OPERATIONS. a) Authorize Mayor Curry to sign the Residential Solid Waste Collection and
Recycling Services Agreement, in substantially the same form as the agreement in the staff
report; and b) authorize Mayor Curry to sign the Transfer Station Operator Agreement, in
substantially the same form as the agreement in the staff report.
XIX. MOTIONS FOR RECONSIDERATION
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.
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