Newport Beach — 2023-11-14

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code § 54956.8): 1 matter\nProperty: The American Legion Newport Harbor Post No. 291, located at 215 15th\nStreet, Newport Beach California, 92663.\nCity Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding\nWhitlinger, Real Property Administrator.\nNegotiating Parties: Robert Wine.\nUnder Negotiation: Instruction to City Negotiators regarding price and terms of\npayment.\nNovember 14, 2023\nB. CONFERENCE WITH LEGAL COUNSEL\nEXISTING LITIGATION\n(Government Code § 54956.9(d)(1)): 1 matter\nRandy Parker v. City of Newport Beach\nWorkers’ Compensation Appeals Board Case No. ADJ18422467\nC. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 1 matter\nAgency Designated Representatives: Grace Leung, City Manager and Barbara\nSalvini, Labor Negotiators.\nEmployee Organizations: Newport Beach Firefighters Association (NBFA)\nD. PUBLIC EMPLOYEE PERFORMANCE EVALUATION\n(Government Code § 54957(b)(1)): 1 matter\nTitle: Leilani Brown, City Clerk\nE. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 1 matter\nAgency Designated Representatives: Noah Blom, Mayor, and Will O’Neill, Mayor\nPro Tem.\nUnrepresented Employee: Leilani Brown, City Clerk.

1. Minutes for the October 24, 2023 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10. Resolution No. 2023-68: Amending City Council Policy F-7 (Income and\nOther Property)\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Adopt Resolution No. 2023-68, A Resolution of the City Council of the City of\nNewport Beach, California, Amending City Council Policy F-7 (Income and Other\nProperty).\nStaff Report\nAttachment A - Resolution No. 2023-68\nCONTRACTS AND AGREEMENTS

11. 2022-2023 Citywide Facilities Painting Project (Project No. 23F02) - Notice of\nCompletion for Contract No. 8940-1\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project;\nb) Authorize the City Clerk to release the Labor and Materials Bond 65 days after\nthe Notice of Completion has been recorded in accordance with applicable portions\nof Civil Code; and\nc) Release Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nAttachment A - Location Map\nNovember 14, 2023

12. Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) (Project\nNo. 24R03) - Award of Contract No. 9379-1\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(c), Class 1 (maintenance of existing public facilities\ninvolving negligible or no expansion of use) of the CEQA Guidelines, because this\nproject has no potential to have a significant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 9379-1 to Hardy & Harper, Inc. for the bid price of\n$1,652,000 for the Street Pavement Repair Program (FY 2022-23 and FY 2023-24),\nand authorize the Mayor and City Clerk to execute the contract; and\nd) Establish a contingency of $165,000 (approximately 10% of total bid) to cover the\ncost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map

13. Approval of Amendment No. 2 to On-Call Maintenance and Repair\nAgreements for Asphalt and Concrete Street Repairs Services with Hardy &\nHarper, Inc.\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve Amendment No. 2 to the On-Call Services Agreement with Hardy &\nHarper, for as-needed asphalt and concrete street repair services for an additional\nnot-to-exceed amount of $500,000, and authorize the Mayor and City Clerk to\nexecute the agreement.\nStaff Report\nAttachment A - Amendment No. 2\nNovember 14, 2023

14. Ocean Boulevard Bluff Park - Professional Conceptual Design Services\nContract\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Approve Budget Amendment No. 23-035 transferring project savings from the\nCivic Center Park Improvements - Transportation Center Pickleball project and\nappropriating $109,680 in increased expenditures in Account No. 53601-980000-\n23L01; and\nc) Approve Professional Services Agreement with Rabben/Herman of Newport\nBeach, for conceptual design services of the Ocean Boulevard Bluff Park for a total\nnot-to-exceed amount of $109,680, and authorize the Mayor and City Clerk to\nexecute the Agreement.\nStaff Report\nAttachment A - Budget Amendment

15. Amendment to Professional Services Agreement with Sampson Oil\nCompany for Oil Well Management Services\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve Amendment No. Four to the Professional Services Agreement with\nSampson Oil Company for Oil Management Services, which extends the contract to\nSeptember 30, 2024, and increases the contract amount by $500,000, and authorize\nthe Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Amendment No. Four\nNovember 14, 2023

16. Award of Professional Services Agreement to Eide Bailly, LLP for an\nEvaluation of Potential Options for Exiting the Laborer’s International Union\nof North America Supplemental Retirement Plan\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Authorize the City Manager and City Clerk to execute a Professional Services\nAgreement with Eide Bailly, LLP for consulting services for the period ending June\n30, 2024, with a total not-to-exceed amount of $42,000.\nStaff Report

17. On-Call Professional Services Agreement for Phlebotomy Services\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Approve a sole source procurement of evidentiary phlebotomy services, thereby\nwaiving the Request for Proposals requirement of City Council Policy F-14; and\nc) Approve an on-call professional services agreement with California Forensic\nPhlebotomy, Inc. of Anaheim Hills for evidentiary phlebotomy services for a five -year\nterm, ending November 24, 2028, with a total amount not-to-exceed $285,000, and\nauthorize the Mayor and City Clerk to execute the agreement.\nStaff Report\nAttachment A - Agreement\nNovember 14, 2023

18. Approval of Vehicle Replacement Purchase Order for One Heavy Duty Mobile\nCrane Truck from PB Loader Corporation\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Approve a Purchase Order for one heavy duty mobile crane truck from PB\nLoader Corporation of Fresno for a total amount of $632,848.81; and\nc) Authorize a contingency of $32,000 (approximately 5% of the total quote) to cover\nthe cost of unforeseen changes to the current quote.\nStaff Report\nAttachment A - Quote\nMISCELLANEOUS

19. Planning Commission Agenda for the November 9, 2023 Meeting\nReceive and file.\nPlanning Commission Agenda

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City Clerk\nto read by title only.\nNovember 14, 2023\nORDINANCES FOR INTRODUCTION

20. Confirmation of Nominations to Fill the Unscheduled Vacancy on the Board\nof Library Trustees\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Confirm the nominations of Fiona Ivey, Chase Rief, and Jenny Williams to fill the\nvacancy on the Board of Library Trustees.\nStaff Report\nAttachment A - Applications\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of\nPiers and Floats) and 17.35.060 (Balboa Island - Noncommercial Piers) of the\nNewport Beach Municipal Code and Repealing City Council Policy H-1\na) Find the introduction and adoption of this ordinance is not subject to the\nCalifornia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the\nactivity will not result in a direct or reasonably foreseeable indirect physical change in\nthe environment) and 15060(c)(3) (the activity is not a project as defined in Section\n15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,\nChapter 3, because it has no potential for resulting in physical change to the\nenvironment, directly or indirectly. Additionally, find the introduction and adoption of\nthis ordinance is exempt from CEQA environmental review pursuant to Sections\n15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the\nCEQA Guidelines. The ordinance will not change existing law but instead formally\nincorporates existing regulations and guidelines into the Municipal Code. Further,\nnew regulations added by the ordinance pertain to existing dock facilities and\nstructures with negligible or no expansion of use or the replacement or reconstruction\nof existing structures and facilities with substantially the same purpose and capacity\nas the replaced structures; and\nb) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2023-16, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Amending Sections 17.35.030 (Bayward Location of Piers and Floats)\nand 17.35.060 (Balboa Island - Noncommercial Piers) of the Newport Beach\nMunicipal Code and Repealing City Council Policy H-1, and pass to a second\nreading on November 28, 2023.\nStaff Report\nAttachment A - Council Policy H-1 (redline and repealed)\nAttachment B - Newport Beach Municipal Code (redline)\nAttachment C - Ordinance No. 2023-16\nNovember 14, 2023

4. Ordinance No. 2023-17 and Resolution No. 2023-62: Allowing Short-Term\nMooring License Agreements and Establishing Fair Market Value License\nFees for Offshore and Onshore Moorings\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2023-17, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Adding Section 17.60.045 (Short-Term Mooring Licenses) to Chapter\n17.60 (Harbor Permits and Leases) of the Newport Beach Municipal Code\nRegarding Short-Term Mooring Licenses, and pass to second reading on\nNovember 28, 2023;\nc) Adopt Resolution No. 2023-62, A Resolution of the City Council of the City of\nNewport Beach, California, Setting the Fair Market Value License Fee for\nShort-Term Moorings Located Upon Tidelands in Newport Harbor; and\nd) Approve Budget Amendment No. 24-032 anticipating $22,306 in revenue from\nthe licensing of City moorings in the current fiscal year (10045451-551034).\nStaff Report\nAttachment A - Ordinance No. 2023-17\nAttachment B - Resolution No. 2023-62\nAttachment C - City Moorings\nAttachment D - Fair Market Appraisal\nAttachment E - Proposed License Agreement\nAttachment F - Interest List Process and Waitlist Maintenance\nAttachment G - New License Arrangement Presentation\nAttachment H - Budget Amendment\nAttachment I - NBMC 17.60.045\nNovember 14, 2023\nRESOLUTIONS FOR ADOPTION

5. Resolution No. 2023-63: Certifying Funding Listed in the Federal\nTransportation Improvement Program (FTIP)\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Adopt Resolution No. 2023-63, A Resolution of the City Council of the City of\nNewport Beach, California, Certifying that the City of Newport Beach has the\nResources to Fund the Projects in the Federal Transportation Improvement\nProgram for Federal Fiscal Years 2024/25 to 2029/30 and Affirming its\nCommitment to Implement All City Projects in the Program.\nStaff Report\nAttachment A - Resolution No. 2023-63

6. Resolution No. 2023-64: Summary Vacation of Existing Public Water\nEasement at 4839 Cortland Drive\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because\nthis project will not result in a physical change to the environment, directly or\nindirectly;\nb) Adopt Resolution No. 2023-64, A Resolution of the City Council of the City of\nNewport Beach, California, Summarily Vacating a Public Water Easement at 4839\nCortland Drive (Portion of Lot 13 of Tract 3519) and Directing the City Clerk to\nRecord Same with the County Recorder’s Office;\nc) Direct staff to process the summary vacation of said easement; and\nd) Direct the City Clerk to have the Resolution and summary vacation documents\nrecorded by the Orange County Recorder.\nStaff Report\nAttachment A - Resolution No. 2023-64\nAttachment B - Vicinity Map\nAttachment C - Location Map\nAttachment D - Reimbursement Agreement\nNovember 14, 2023

7. Resolution No. 2023-65: Emergency Management Performance Grant\nAuthorization\na) Determine that the action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause it will not result in a physical change to the environment, directly or indirectly;\nand\nb) Adopt Resolution No. 2023-65, A Resolution of the City Council of the City of\nNewport Beach, California, Providing Written Authorization to the State of\nCalifornia Governor’s Office of Emergency Services of the Standard Assurances\nRequired to Apply for Grants from the Federal Department of Homeland Security,\nFederal Emergency Management Agency.\nStaff Report\nAttachment A - Resolution No. 2023-65

8. Resolution No. 2023-66: Medi-Cal Managed Care Rate Range\nIntergovernmental Transfer (IGT) Program for Cost Recovery of Emergency\nMedical Services for Calendar Year 2022\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly;\nb) Adopt Resolution No. 2023-66, A Resolution of the City Council of the City of\nNewport Beach, California, Authorizing the Mayor and City Manager, or\nDesignees, to Execute Agreements and Amendments with the Department of\nHealth Care Services (DHCS) and CalOptima to Participate in the Rating Period\nof January 1, 2022 Through December 31, 2022 Medi-Cal Rate Range\nIntergovernmental Transfer (IGT) Program;\nc) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement\nRegarding Transfer of Public Funds with the California Department of Health Care\nServices;\nd) Authorize the Mayor and City Clerk to execute the Health Plan-Provider\nAgreement Intergovernmental Transfer Rate Range Program Agreement with\nCalOptima; and\ne) Approve Budget Amendment No. 24-033 appropriating $419,272 in increased\nexpenditures in Account No. 01040404-821008 (IGT) from the General Fund\nunappropriated fund balance and increasing revenue estimates related to the\nMedi-Cal IGT Program by $1,017,509 in Account No. 01040404-431246.\nStaff Report\nAttachment A - Resolution No. 2023-66\nAttachment B - Breakdown Estimate\nAttachment C - DHCS Agreement\nAttachment D - CalOptima Agreement\nAttachment E - Budget Amendment\nNovember 14, 2023

9. Resolution No. 2023-67: Declaring a Portion of City-Owned Property at the\nBalboa Yacht Basin (BYB) Located at 829 Harbor Island Drive as Surplus\nLand\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Adopt Resolution No. 2023-67, A Resolution of the City Council of the City of\nNewport Beach, California, Declaring a Portion of the Balboa Yacht Basin Located\nat 829 Harbor Island Drive, Newport Beach, California as Surplus Land Pursuant\nto the Surplus Land Act.\nStaff Report\nAttachment A - Resolution No. 2023-67