Newport Beach — 2024-09-10

1. Minutes for the August 27, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

10. Fiscal Year 2022-2023 Restroom Rehabilitation - Notice of Completion for\nContract No. 8905-2 (23F02)\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 Maps\nSeptember 10, 2024

11. Approval of On-Call Maintenance Services Agreements for Water Well and\nPump Maintenance and Repair 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 the On-Call Maintenance/Repairs Services Agreement for Water Well\nand Pump Maintenance with Best Drilling and Pump, Inc., for a five-year term and a\ntotal not-to-exceed amount of $400,000, and authorize the Mayor and City Clerk to\nexecute the agreement; and\nc) Approve the On-Call Maintenance/Repairs Services Agreement for Water Well\nand Pump Maintenance with General Pump Company, Inc., for a five-year term and a\ntotal not-to-exceed amount of $400,000, and authorize the Mayor and City Clerk to\nexecute the agreement.\nStaff Report\nAttachment A - Best Drilling and Pump Agreement\nAttachment B - General Pump Company Agreement

12. Fifth Amendment to Lease with Realm Group, LLC for Use of Suite 520 at\n1201 Dove Street\na) Find this project is exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or\nReconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,\nChapter 3, because this project has no potential to have a significant effect on the\nenvironment; and\nb) Authorize the City Manager and City Clerk to execute the Fifth Amendment to\nLease between the City of Newport Beach and Realm Group, LLC for use of City\nProperty, office space Suite 520 located at 1201 Dove Street, in a form substantially\nsimilar to the amendment attached to the staff report.\nStaff Report\nAttachment A - Fifth Amendment to Lease\nAttachment B - Office Lease Agreement and Amendments\nSeptember 10, 2024\nMISCELLANEOUS

13. Planning Commission Agenda for the September 5, 2024 Meeting\nReceive and file.\nPlanning Commission Action Report & Tentative Schedule\nPlanning Commission Agenda

14. City Hall and Limited Off-Site Holiday Closure (Beginning Tuesday,\nDecember 24, 2024, Through Wednesday, January 1, 2025)\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 closing City Hall and providing limited services at off-site facilities from\nTuesday, December 24, 2024, through Wednesday, January 1, 2025.\nStaff Report\nAttachment A - Proposed Hours of Operation

15. Dismissal of a Civil Service Board Member\na) Determine that the action is exempt from the California Environmental Quality\nAct (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA\nGuidelines because it will not result in a physical change to the environment,\ndirectly or indirectly; and\nb) Dismiss Laura Cowie from the Civil Service Board.\nStaff Report\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED\nSeptember 10, 2024

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

3. Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash by\nBrick-and-Mortar Businesses) to the Newport Beach Municipal Code\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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance\nNo. 2024-20, An Ordinance of the City Council of the City of Newport Beach,\nCalifornia, Adding Chapter 5.98 (Acceptance of Cash by Brick-and-Mortar\nBusinesses) to the Newport Beach Municipal Code, and pass to second reading on\nSeptember 24, 2024.\nStaff Report\nAttachment A - Ordinance No. 2024-20\nSeptember 10, 2024\nORDINANCES FOR ADOPTION

4. Ordinance No. 2024-18: Approving a Development Agreement for the\nResidences at 1600 Dove Street (PA2022-0297)\na) Find Addendum No. 9 to the 2006 General Plan Update Program Environmental\nImpact Report and 2008-2014 City of Newport Beach Housing Element Update\nInitial Study/Negative Declaration prepared for the Residences at 1600 Dove Street\nProject (PA2022-0296) in compliance with the California Environmental Quality Act\n(CEQA), the State CEQA Guidelines, and City Council Policy K-3, and adopted by\nthe City Council on August 27, 2024, by Resolution No. 2024-62; and\nb) Conduct second reading and adopt Ordinance No. 2024-18, An Ordinance of\nthe City Council of the City of Newport Beach, California, Approving a\nDevelopment Agreement for the Residences at 1600 Dove Street Project Located\nat 1600 Dove Street (PA2022-0297).\nStaff Report\nAttachment A - Ordinance No. 2024-18

5. Ordinance No. 2024-19: Amending Chapter 10.08 (Interference with Public\nAccess), Chapter 10.14 (Prohibition Against Camping in Public Places), and\nSection 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park\nFacilities, and Beaches) of the Newport Beach Municipal Code\na) Find the adoption of this ordinance is exempt from the California Environmental\nQuality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA\nGuidelines because this action will not result in a physical change to the environment,\ndirectly or indirectly; and\nb) Conduct second reading and adopt Ordinance No. 2024-19, An Ordinance of\nthe City Council of the City of Newport Beach, California, Amending Chapter 10.08\n(Interference with Public Access), Chapter 10.14 (Prohibition Against Camping in\nPublic Places), and Section 11.04.070 (Prohibited Conduct) of Chapter 11.04\n(Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code.\nStaff Report\nAttachment A - Ordinance No. 2024-19\nSeptember 10, 2024\nRESOLUTIONS FOR ADOPTION

6. Resolution No. 2024-66: Medi-Cal Managed Care Rate Range\nIntergovernmental Transfer (IGT) Program for Cost Recovery of Emergency\nMedical Services for Calendar Year 2023\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. 2024-66, 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, 2023 Through December 31, 2023 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. 25-014 appropriating $441,584 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 $1,110,112 in Account No. 01040404-431246.\nStaff Report\nAttachment A - Resolution No. 2024-66\nAttachment B - IGT Program Breakdown Estimate\nAttachment C - Intergovernmental Agreement\nAttachment D - Agreement with CalOptima\nAttachment E - Budget Amendment No. 25-014\nSeptember 10, 2024

7. Resolution No. 2024-67: Supporting Proposition 36, The Homelessness,\nDrug Addiction, and Theft Reduction Act\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. 2024-67, A Resolution of the City Council of the City of\nNewport Beach, California, Supporting Proposition 36, the Homelessness, Drug\nAddiction and Theft Reduction Act.\nStaff Report\nAttachment A - Resolution No. 2024-67

8. Resolution No. 2024-68: Accepting the Department of Homeland Security\nOperation Stonegarden Grant Funds FY 2023\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. 2024-68, A Resolution of the City Council of the City of\nNewport Beach, California, Accepting the FY 2023 Operation Stonegarden Grant\nfrom the United States Department of Homeland Security, Administered by the\nCounty of Riverside, and Designating the Chief of Police as the City’s Authorized\nAgent to Execute Grant Documents;\nc) Accept the Department of Homeland Security FY 2023 Operation Stonegarden\ngrant award in the amount of $125,000 and authorize the Chief of Police to execute\nthe grant agreement; and\nd) Approve Budget Amendment No. 25-011 to increase expenditure appropriations\nby $95,000 in the Detective Division Overtime account, 01035355-713002-G2520;\nand $30,000 in the Detective Division Special Department Expense account,\n01035355-841046-G2520.\nStaff Report\nAttachment A - Budget Amendment No. 25-011\nAttachment B - OPSG Memorandum of Agreement for Fiscal Year 2023\nAttachment C - Resolution No. 2024-68\nSeptember 10, 2024

9. Resolution No. 2024-69: Creating the Human Capital and Compensation Ad\nHoc Committee\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. 2024-69, A Resolution of the City Council of the City of\nNewport Beach, California, Creating the Human Capital and Compensation Ad\nHoc Committee.\nStaff Report\nAttachment A - Resolution No. 2024-69\nCONTRACTS AND AGREEMENTS