Cities Index.
Agenda packet

Newport Beach City Council
January 14, 2025

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Agenda packet
Meeting
January 14, 2025
Body
Newport Beach City Council
Pages
222
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Text extracted from the city's file for reading and search. Open the original on newportbeach.legistar.com. That file is the official record.

16-2

At the conclusion of the application period, the applications were forwarded to the ad hoc committee members for their review and interviews were conducted on Friday, January 3, 2025.

Following a review of the applications, the Ad Hoc Appointments Committee recommends the nomination of Kelly Denner and Travis Pirdy. Copies of the applications are attached hereto as Attachment A.

The appointment to PB&R will take place at the Tuesday, January 28, 2025, City Council meeting. The person appointed to fill the unscheduled vacancy on PB&R can apply for the full four-year term (2025-2029) during the annual vacancy process.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Applications
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ATTACHMENT A
282
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16-5
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January 14, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Jim Mosher ( [email protected] ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item III.B CONFERENCE WITH REAL PROPERTY NEGOTIATORS
This appears to be at least the tenth time a closed session has been announced for the Council to privately discuss “price and terms of payment” regarding public right-of-way adjacent to the identical properties, the first announcement having been as Item IV.A on February 23, 2021.

And the only change has been the initial “approximately 845 square feet” increasing to the “approximately 1,105 square feet” when it came back as Item IV.A on November 12, 2024.

And while the purpose of the announcement is, in theory, to invite public comment to guide the Council in its decision, at no time has there been any public disclosure of why a sale or lease is being considered. This may be contrasted with earlier, more transparent announcements, for example Item IV.C from July 26, 2011, where it was at least disclosed that “price and terms of payment” needed to be discussed “with respect to resolution of boundary dispute between Tidelands and Uplands.”
Why is public property in play adjacent to 929 Zurich Circle and 944 Via Lido Nord? Item 1. Minutes for the December 10, 2024 City Council Meeting The passages shown in italics below are from the draft minutes with suggested corrections shown in strikeout underline format. The page numbers refer to Volume 66.

Page 220 ends

their service and noted continued efforts to work with the Aviation Committee to have aircrafts flyer high aircraft fly higher, slower, and quieter.” [See video. “Aircraft” is recognized as a noun that does not require an “s” to make it plural, and Mr Bress did not add one. Similarly, he add “er” to “high” not “fly.”]

Page 222 ends

“His wife, Marin, administered the Oath of Office …”
“Former Mayor Will O’Neill administered the Oath of Office …” [Comment: I am not much of a believer in loyalty oaths, but it does seem reasonable for citizens to have some assurance those elected to office are committed to upholding the rules under which governments are expected to operate. Indeed, the first page of the official minutes of our City Council begins with Notary Public Clyde Bishop administering the Oath of Office1 to the five newly-elected trustees at their first meeting on September 3, 1906.
1 The oath, in Article XX, Section 3 of the California Constitution at that time consisted solely of: “I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faIthfully discharge the duties of the office of ___, according to the best of my ability."
Received After Agenda Printed
January 14, 2025
Written Comments
286
January 14, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 Since then, through 2012, it seems to have been the invariable practice for the City Clerk to administer the oaths. However, in 2014, with the election of “Team Newport,” Orange County Superior Court Judge James E. Rogan administered the oaths. And after that, a variety of judges continued to perform this role with the exception of 2020, when former Mayor Evelyn Hart administered the oath to re-elected Council Member Brad Avery, and 2022, when former Mayor Steve Rosansky administered the oath to newly-elected Council Member Robyn Grant. This new practice of having the oath of office administered by private citizens who, whether

former

elected

officials

or

not,

do

not

seem

authorized

by

law

to

do

so,
2 seems

a

bit

like

attending

a

wedding

at

which

a

private

party

administers

the

vows

while

the

minister,

judge

or

government

clerk

sits

to

the

side

as

an

observer

rather

than

a

participant.

It seems strange to me. Is it a new trend?
3 ]
Item XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Since I believe this may be a first in the City’s history, it seems noteworthy that the public portion of

the

current

agenda

contains

no

items

requiring

a

Council

decision

other

than

those

on

the

Consent

Calendar.
4 As a result those watching the meeting without access to the agenda will be at loss to know what,

if

any,

City

business

was

conducted.

It might be noted that Newport Beach didn’t always have a Consent Calendar.

And, as I have noted before, there is at least one other California city, Benecia, where the Mayor reads the titles of the items on the Consent Calendar so that the public at least knows what their Council is consenting to. There are likely others with similar practices. For example, in Del Mar, the City Clerk reads the consent calendar item titles. In both cases, not only the council members,

but

members

of

the

public

are

invited

to

pull

items

for

discussion

by

their

elected

representatives.

It

also

appears

other

cities

may

be

more

judicious

in

what

items

they

place

on

their

consent

calendar

for

approval

without

discussion.

It seems to me the consent calendar may be overused in Newport Beach, for it seems unlikely none

of

the

seven

Council

members

would

have

any

questions

about

any

of

the

items

on

the

Consent

Calendar,

or

that

all

would

agree

each

of

those

items

should

be

approved

exactly

as

presented.

As

a

result,

the

public

is

left

with

the

impression

that

information

is

being

exchanged,

4 I

recall

one

or

two

previous

agendas

where

all

the

business

items

were

on

the

consent

calendar,

but

I

believe

the

agenda

included

either

a

study

session

or

suggestions

for

future

agenda

items,

where

Council

input

was

solicited.

3 For a fee of $125, the Santa Cruz County Clerk offers to appoint private citizens 18 or older as “Deputy Commissioner

of

Marriage

for

a

Day,"

authorized

to

officiate

at

a

specified

wedding

anywhere

in

California

(as

do
Los Angeles County, Nevada County, San Diego County and likely more). At one time ,

the

Orange

County

Clerk-Recorder

offered

this

service,

as

well.

It

is

unclear

if

he

still

does.

2 In 2022, Krista Weigand administered the oath to newly-elected Council Member Erik Weigand, but she did

so

as

a

Trustee

of

the

Newport-Unified

School

District.

The

law,
Government Code Sections 1360 -
1369, is ambiguous, saying only the oath must be taken “before” a person authorized to administer oaths.

287
January 14, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 and decisions made, outside public view. In other words, that the public’s business is not being done

in

public.

Item 4. Resolution Nos. 2025-2 and 2025-3: Amending the General Plan

Advisory

Committee

and

the

General

Plan

Update

Steering

Committee
This seems to me to be an example of the overuse of the consent calendar. As the staff report explains, this is on the agenda because, pursuant to City Council Policy A-1, at the November 19, 2024, meeting, the previous Council voted, without discussion, to bring the subject back at a future

meeting

“
for

discussion

and/or

action
.”

Yet,

staff

has

placed

it

on

the

consent

calendar,

where

a

specific

proposal

that

has

never

been

publicly

discussed

is

expected

to

be

approved,

again

without

any

discussion.

One might think that, at a minimum, before voting the Council members would want to ask about

the

status

of

the

General

Plan

Update

and

its

expected

timeline.

If

they

did

so,

they

might

learn

that

the

entire

process

is

expected

to

be

completed,

and

the

advisory

committees

dissolved,

before

the

end

of

the

current

year.

Given that context, establishing a procedure by which the advisory committees’ membership will be

reassessed

each

February

seems

strange

–

because

there

will

be

no

future

Februaries

other

than

the

coming

one.

As to changing the composition this February, as a current GPAC member, but commenting as a private

citizen,

I

have

seen

no

reason

offered

for

what

seems

both

unnecessary

and

disruptive.

While

the

process

to

date

has

been

a

very

imperfect

one,

and

could

have

been

better,

changing

the

participants,

but

not

the

structure,

in

the

final

months

hardly

seems

likely

to

produce

a

better

result.

On a more technical note, the Council may wish to know how the City Clerk plans to advertise the

unscheduled

vacancies

and

how

long

the

application

period

will

be

left

open.

Finding

20 to
30 new members will be difficult, and Government Code Section 54974 requires only that at least 10 working days elapse between the posting and the appointment, but does not seem to say

how

long

the

invitation

to

apply

needs

to

be

“open.”
As to the existing members, there seems to be a discrepancy between the proposed resolutions,

whose

Attachment

A’s

say

“
Members

who

are

in

good

standing

at

the

time

their

term

has

expired

are

eligible

for

reappointment

and

need

not

reapply
”

and

the

staff

report,

which

says

“
As

drafted,

if

a

current

GPAC

or

GPUSC

member

is

in

good

standing

with

an

application

on

file

that

is

no

more

than

two

years

old

at

the

time

of

City

Council’s
appointments, there would be no need to submit a new application .” The City’s GPAC page indicates most of the current members were appointed on November 15, 2022, and its GPUSC page indicates all three members were appointed on April 12, 2022. All of these people’s applications would now be more than two years old, and they would need to reapply according to

the

staff

report,

but

not

according

to

what

would

seem

to

be

the

plain

language

of

the

resolutions.

Which

is

correct?

288
January 14, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Additionally, the Council members may wish to discuss whether the rules for achieving geographic

and

institutional

diversity

in

appointments

to

the

GPAC

detailed

in

the

table

on

page

4-6

of

the

staff

report

is

still

appropriate,

and

how

the

table

should

be

used.

In

particular,

many

applicants

will

have

multiple

affiliations

and

it

is

not

clear

how

the

limitations

to

“not

more

than

one”

from

each

“sample”

is

intended

to

apply

to

them.

As to the substance of what the committees do, there is an existing uncertainty in that the GPAC is

instructed

to

make

recommendations

to

the

GPUSC,

but

there

is

no

provision

as

what

the

GPUSC

is

supposed

to

do

with

them.

Are

they

obligated

to

pass

them

on

to

the

City

Council?

Or

does

the

GPUSC

have

veto

power

over

the

GPUSC

recommendations?

Item 5. Resolution No. 2025-4: Approving an Amendment to the Key and

Management

Compensation

Plan
The staff report (page 5-1) implies the maximum bonus available for scholastic achievement is

8.5%,

however

the

actual

proposed

language

on

page

5-6

shows

a

7%

bonus

for

achieving

the

BA/BS

level,

and

a

separate

8.5%

bonus

for

the

MA/MS/JD

level

without

making

it

clear

if

members

can

qualify

for

only

one

or

for

both.

Will

that

be

a

problem?

Also shouldn’t there be a requirement that the achievement is in a field related to the employee’s

work?
More generally, the amendment is offered to the Council for approval as a snippet without being able

to

see

the

context

in

which

it

will

occur

or

the

prior

language

it

replaces.

Compounding

that

problem,

the

public

does

not

seem

to

be

able

to

easily

see

or

review

the

current

Key

&
Management Compensation Plan. Instead, on the HR Department’s MOUs & Benefit Summaries page one finds a 2022 version and what seem to be 12 adjustments to it, some of which are not machine searchable, making it particularly challenging to piece together what the current plan is. However, as best I can tell, the (non-machine-readable) Sixth Amendment made Policy Safety Key & Management employees eligible for the same scholastic achievement benefits

as

members

of

the

Police

Management

Association,

with

language

essentially

identical

to

that

for

Fire

Safety

Key

&

Management

employees.

What

was

wrong

with

that?

Is

Fire

Safety

Management

eligible

for

a

larger

benefit

than

Police

Safety

Management?

If

so,

how

large

is

the

change?

And

why

wouldn’t

Police

Management

want

the

same

benefit?
The report does not seem very transparent.

Item 6. Resolution No. 2025-5: Creating the Ad Hoc Council Policy Review

Committee
This is another case where, rather than being on the consent calendar, one might think the Council

members

would

want

to

discuss

the

matter

to

give

direction

to

the

committee

as

to

the

scope

of

their

assignment,

and

possibly

as

to

who

should

be

on

it.

Although I cannot find it mentioned in either the staff report or the proposed resolution, the last comprehensive review of the Council Policy Manual took place in 2018, and culminated in the massive 338-page Item 18 on the August 8, 2017, agenda, making changes that neither the

289
January 14, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 public nor the Council members not on the committee had time to thoughtfully consider or review.

I would strongly recommend the present committee be asked to review the policies in more digestible

pieces,

and

through

a

more

public

process

–

including,

for

example,

presentation

at

a

study

session

at

a

meeting

prior

to

the

meeting

at

which

adoption

is

proposed.

Item 14. Memorandum of Agreement with the City of Long Beach Acting

By

and

Through

the

Port

of

Long

Beach

Board

of

Harbor

Commissioners

Authorizing

Disposal

of

Lower

Bay

Dredged

Material

Into

the

Port’s

Pier

G

Slip

Fill

Project
Part (2) of Condition 8 on page 14-8, causing the Agreement to terminate on “ the commencement

of

the

placement

of

the

Newport

Bay

Material

at

a

site

other

than

the

Project
”

seems

slightly

strange.

Does

this

mean

that

if

any

of

the

“
approximately

225,000

cubic

yards

of

material

from

the

Lower

Newport

Bay

channels
”

identified

as

“
Newport

Bay

Material
”

is

found

to

be

suitable

for

disposal

outside

the

Port

of

Long

Beach,

and

disposed

of

at

some

alternate

location,

the

Port

will

refuse

to

accept

any

more?
Also, if the Port of Long Beach location becomes unavailable before all the unsuitable material has

been

disposed

of,

does

the

City

have

a

plan

to

construct

a

smaller

CAD

than

was

originally

planned?

And,

finally,

how

does

this

Agreement

affect

the

private

homeowners

who

were

promised

use

of

the

CAD?

Item 15. Planning Commission Agenda for the January 9, 2025 Meeting
Those new to the Council may be wondering why they are receiving a report on the actions of the

Planning

Commission

and

not

of

any

of

the

City’s

other

boards

or

commissions.

Originally,

this

was

not

on

the

consent

calendar,

but

scheduled

as

a

full

discussion

item.

And

its

purpose,

then

as

now,

was

to

apprise

Council

members

of

the

Planning

Commission’s

decisions,

so

they
would have a chance to call for review, as allowed, currently, by Municipal Code Chapter 20.64. 5 In the present case, the Council is receiving reports of two Planning Commission decisions, both

of

which

seem

problematic

to

me.

In the first, the PC approved remodeling of a warehouse as a fitness training facility for exclusive

use

by

students

of

a

neighboring

high

school,

even

though

the

property

is

designated

for

industrial

uses

and

and

other

uses

“ancillary”

or

“accessory”

to

the

primary

industrial

uses.

While,

as

staff

indicated,

fitness

facilities

are

allowed

“by

right”

in

this

area,

the

assumption

is

they

will

be

serving

the

needs

of

the

primary

industrial

users.

A

facility

serving

exclusively

students

from

a

neighboring

district

is

clearly

not

supporting

the

industrial

uses.

Staff

seems

to

be

reading

“ancillary”

or

“accessory”

not

as

“supporting,”

but

rather

as

anything

that

occupies

5 One might still wonder why the Council does not receive similar reports regarding decisions by the Harbor

Commission,

since

there

is

a

parallel

call

for

review

provision

in

NBMC
Chapter 17.65, Or for
decisions

of

the

Parks,

Beaches

and

Recreation

Commission,

even

though

the

opportunity

to

review

is

found

only

in

Council

Policies.

290
January 14, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 less than a majority of the district. To me, that seems clearly not to have been the intent of the code.

In the second hearing, the PC had to deal with a tennis club consisting of two separately-owned parcels,

but

originally

approved

and

allowed

to

be

subdivided

only

under

the

assumption

they

would

be

operated

together.

Without

making

any

changes

to

that

existing

permit

for

the

two

parcels

to

operate

together,

and

without

seeing

any

evidence

of

consent

by

the

owner

of

one

of

the

parcels,

the

PC

approved

a

staff-proposed,

new,

separate

permit

for

the

second

parcel,

allowing

it

to

be

used

as

a

separate

pickleball

facility.

The

result

seems

to

be

both

to

have

caused

the

other

parcel

to

become

landlocked,

and

to

have

transferred

to

it

all

the

entitlements

of

the

original

permit.

Additionally,

it

seems

quite

possible

the

approval

will

create

land

use

incompatibilities,

with

noise

from

the

pickleball

activity

disturbing

future

guests

at

the

neighboring

hotel

and,

possibly,

residents

across

Jamboree

Road

at

Sea

Island.

I

took

some

grief

from

the

Commissioners

for

suggesting

City

staff

did

not

have

the

expertise

to

independently

verify

the

conclusions

of

the

applicant

noise

analysis

(which

nowhere

addressed

the

highly

impulsive

nature

of

pickleball

noise),

but

I

do

believe

that

to

be

the

case.

Council members may wish to consider calling one of both of these decisions up for review.

Item 16. Confirmation of Nominations to Fill an Unscheduled Vacancy on

the

Parks,

Beaches

&

Recreation

Commission
Since the Council is being asked to “confirm” just two nominations, it would have been helpful to at

least

list

the

names

of

any

other

citizens

who

might

have

applied.

It

would

seem

they

deserve

at

least

that

minimal

recognition,
6 and

other

Council

members

may

wish

to

propose

adding

some

of

the

names

from

that

list.

Item 17. Confirmation of Mayor Joe Stapleton's Appointments Since this item is scheduled to be adopted without discussion, it presumably involved some non-public

discussion

of

who

wanted

to

serve

on

what

committees.

While

that

is

not

necessarily

illegal,

it

would

seem

like

a

discussion

that

could

better

have

taken

place

at

the

public

meeting.

That said, I have, for a number of years, been puzzled by the continuing appointment of a Council member as chair of the Environmental Quality Affairs Committee, especially considering that committee has not met since August 16, 2016 (and before that, on November 20, 2014) and currently has no members other than the Council appointee (of which there are actually supposed

to

be

two).

I see from the minutes of the similar Item 12 from January 10, 2023, that I raised the same puzzlement, and that year’s appointee, Mayor Blom, volunteered that “ as Chair of EQAC, he will assess the future of EQAC .” But as Item 11 on January 9, 2024, he was reappointed as Chair, and, as I noted then, one might wonder how long the assessment will take? One continues to wonder. 6 In other cities, such as Costa Mesa and Laguna Beach, I believe the full council publicly interviews all the

applicants

before

making

appointments.

291

17-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

January 14, 2025
Agenda Item No. 17
ABSTRACT:

City Council Policy A-2 (Boards, Commissions and Committees) provides for the mayor to annually appoint individuals, subject to City Council confirmation, to serve on the various City Council/Citizens Committees, Citizens Advisory Committees, and Joint Governmental Committees.

RECOMMENDATIONS:

a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and

b) Confirm Mayor Joe Stapleton ’s appointments under City Council Policy A -2, as provided in this staff report.

DISCUSSION:

The following are Mayor Stapleton ’s appointments and require City Council confirmation:

I. CITY COUNCIL/CITIZENS COMMITTEES (Standing or Ad Hoc)

A. Aviation Committee

1. Councilmember Noah Blom - Chair

2. Mayor Pro Tem Lauren Kleiman - Vice Chair

II. CITIZENS ADVISORY COMMITTEES (Standing or Ad Hoc)

A. Environmental Quality Affairs Committee (EQAC)

1. Councilmember Noah Blom - Chair

B. Finance Committee

1. Mayor Joe Stapleton (Chair)

2. Councilmember Robyn Grant

3. Councilmember Sara J. Weber
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk - 949-644-3005,
[email protected]
PREPARED BY: Leilani I. Brown, City Clerk
TITLE: Confirmation of Mayor Joe Stapleton’s Appointments 292
Confirmation of Mayor Joe Stapleton’s Appointments
January 14, 2025

Page 2 ends

17-2

C. Newport Coast Advisory Committee

1. Mayor Pro Tem Lauren Kleiman

2. Councilmember Sara J. Weber

3. Newport Coast Resident Jennifer Carey

D. Water Quality/Coastal Tidelands Committee

1. Councilmember Michelle Barto - Chair

2. Mayor Joe Stapleton - Vice Chair

III. JOINT GOVERNMENTAL COMMITTEES (Permanent or Standing)

A. Association of California Cities – Orange County (ACC-OC)

1. Councilmember Robyn Grant

2. Councilmember Erik Weigand (Alt.)

B. Orange County Housing Commission - Advisory Committee

1. Community Development Department Staff Member Melinda Whelan

2. Community Development Department Staff Member Ben Zdeba (Alt.)

C. Orange County Mosquito and Vector Control District Board of Trustees

1. Councilmember Erik Weigand*

D. Orange County Sanitation District

1. Councilmember Erik Weigand *

2. Councilmember Michelle Barto (Alt.)*

E. San Joaquin Hills Transportation Corridor Agency Board of Directors

1. Councilmember Robyn Grant*

2. Councilmember Sara J. Weber (Alt.)*

F. Santa Ana River Flood Protection Agency

1. Councilmember Erik Weigand

2. Councilmember Michelle Barto (Alt.)

G. Southern California Association of Governments (SCAG)

1. Mayor Pro Tem Lauren Kleiman*

2. Councilmember Robyn Grant (Alt.)*
293
Confirmation of Mayor Joe Stapleton’s Appointments
January 14, 2025

Page 3 ends

17-3

H. Watershed Executive Committee

1. Councilmember Michelle Barto

2. Mayor Joe Stapleton (1st Alt.)

3. City Manager Grace K. Leung (2nd Alt.)

In the previous listings, names that are underlined are individuals who are not members of the City Council.

* Per FPPC Regulation 18702.5(b)(3), the appointed positions identified above with an asterisk (*) may receive compensation are reported on FPPC Form 806 (Agency Report of Public Official Appointments). The City Clerk will post the form on the City’s website.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the enviro nment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 294

On the Agenda: January 14 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, January 14. A closed session meeting will begin at 4 p.m. The regular meeting begins at 5:30 p.m.

Agenda items include:
• A Memorandum of Agreement with the City of Long Beach (through the Port of Long Beach Board of Harbor Commissioners) authorizing the disposal of lower bay dredged material into the Port’s Pier G slip fill project. The agreement would allow dredged material from Newport Harbor, which is unsuitable for ocean disposal, to be used as fill material at Pier G. This method would preclude the Confined Aquatic Disposal solution previously proposed by the City. The lower harbor dredging project, which is being led by the U.S. Army Corps of Engineers, is expected to begin in the spring.
• Confirmation of Mayor Joe Stapleton's appointments. City Council Policy A-2 (Boards, Commissions and Committees) provides for the mayor to annually appoint individuals to serve on various City Council and Citizens Committees, Citizens Advisory Committees, and Joint Governmental Committees. The appointments are proposed by the Mayor and confirmed by the City Council.
• Participation in the Ground Emergency Medical Transport Intergovernmental Transfer program for 2025. The program reimburses cities and public agencies for costs related to the emergency transportation of patients covered by Medi-Cal.

VIEW THE FULL AGENDA >>

295
January 14, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Jim Mosher ( [email protected] ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item III.B CONFERENCE WITH REAL PROPERTY NEGOTIATORS
This appears to be at least the tenth time a closed session has been announced for the Council to privately discuss “price and terms of payment” regarding public right-of-way adjacent to the identical properties, the first announcement having been as Item IV.A on February 23, 2021.

And the only change has been the initial “approximately 845 square feet” increasing to the “approximately 1,105 square feet” when it came back as Item IV.A on November 12, 2024.

And while the purpose of the announcement is, in theory, to invite public comment to guide the Council in its decision, at no time has there been any public disclosure of why a sale or lease is being considered. This may be contrasted with earlier, more transparent announcements, for example Item IV.C from July 26, 2011, where it was at least disclosed that “price and terms of payment” needed to be discussed “with respect to resolution of boundary dispute between Tidelands and Uplands.”
Why is public property in play adjacent to 929 Zurich Circle and 944 Via Lido Nord? Item 1. Minutes for the December 10, 2024 City Council Meeting The passages shown in italics below are from the draft minutes with suggested corrections shown in strikeout underline format. The page numbers refer to Volume 66.

Page 220 ends

their service and noted continued efforts to work with the Aviation Committee to have aircrafts flyer high aircraft fly higher, slower, and quieter.” [See video. “Aircraft” is recognized as a noun that does not require an “s” to make it plural, and Mr Bress did not add one. Similarly, he add “er” to “high” not “fly.”]

Page 222 ends

“His wife, Marin, administered the Oath of Office …”
“Former Mayor Will O’Neill administered the Oath of Office …” [Comment: I am not much of a believer in loyalty oaths, but it does seem reasonable for citizens to have some assurance those elected to office are committed to upholding the rules under which governments are expected to operate. Indeed, the first page of the official minutes of our City Council begins with Notary Public Clyde Bishop administering the Oath of Office1 to the five newly-elected trustees at their first meeting on September 3, 1906.
1 The oath, in Article XX, Section 3 of the California Constitution at that time consisted solely of: “I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faIthfully discharge the duties of the office of ___, according to the best of my ability."
Received After Agenda Printed
January 14, 2025
Written Comments
296
January 14, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 Since then, through 2012, it seems to have been the invariable practice for the City Clerk to administer the oaths. However, in 2014, with the election of “Team Newport,” Orange County Superior Court Judge James E. Rogan administered the oaths. And after that, a variety of judges continued to perform this role with the exception of 2020, when former Mayor Evelyn Hart administered the oath to re-elected Council Member Brad Avery, and 2022, when former Mayor Steve Rosansky administered the oath to newly-elected Council Member Robyn Grant. This new practice of having the oath of office administered by private citizens who, whether

former

elected

officials

or

not,

do

not

seem

authorized

by

law

to

do

so,
2 seems

a

bit

like

attending

a

wedding

at

which

a

private

party

administers

the

vows

while

the

minister,

judge

or

government

clerk

sits

to

the

side

as

an

observer

rather

than

a

participant.

It seems strange to me. Is it a new trend?
3 ]
Item XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Since I believe this may be a first in the City’s history, it seems noteworthy that the public portion of

the

current

agenda

contains

no

items

requiring

a

Council

decision

other

than

those

on

the

Consent

Calendar.
4 As a result those watching the meeting without access to the agenda will be at loss to know what,

if

any,

City

business

was

conducted.

It might be noted that Newport Beach didn’t always have a Consent Calendar.

And, as I have noted before, there is at least one other California city, Benecia, where the Mayor reads the titles of the items on the Consent Calendar so that the public at least knows what their Council is consenting to. There are likely others with similar practices. For example, in Del Mar, the City Clerk reads the consent calendar item titles. In both cases, not only the council members,

but

members

of

the

public

are

invited

to

pull

items

for

discussion

by

their

elected

representatives.

It

also

appears

other

cities

may

be

more

judicious

in

what

items

they

place

on

their

consent

calendar

for

approval

without

discussion.

It seems to me the consent calendar may be overused in Newport Beach, for it seems unlikely none

of

the

seven

Council

members

would

have

any

questions

about

any

of

the

items

on

the

Consent

Calendar,

or

that

all

would

agree

each

of

those

items

should

be

approved

exactly

as

presented.

As

a

result,

the

public

is

left

with

the

impression

that

information

is

being

exchanged,

4 I

recall

one

or

two

previous

agendas

where

all

the

business

items

were

on

the

consent

calendar,

but

I

believe

the

agenda

included

either

a

study

session

or

suggestions

for

future

agenda

items,

where

Council

input

was

solicited.

3 For a fee of $125, the Santa Cruz County Clerk offers to appoint private citizens 18 or older as “Deputy Commissioner

of

Marriage

for

a

Day,"

authorized

to

officiate

at

a

specified

wedding

anywhere

in

California

(as

do
Los Angeles County, Nevada County, San Diego County and likely more). At one time ,

the

Orange

County

Clerk-Recorder

offered

this

service,

as

well.

It

is

unclear

if

he

still

does.

2 In 2022, Krista Weigand administered the oath to newly-elected Council Member Erik Weigand, but she did

so

as

a

Trustee

of

the

Newport-Unified

School

District.

The

law,
Government Code Sections 1360 -
1369, is ambiguous, saying only the oath must be taken “before” a person authorized to administer oaths.

297
January 14, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 and decisions made, outside public view. In other words, that the public’s business is not being done

in

public.

Item 4. Resolution Nos. 2025-2 and 2025-3: Amending the General Plan

Advisory

Committee

and

the

General

Plan

Update

Steering

Committee
This seems to me to be an example of the overuse of the consent calendar. As the staff report explains, this is on the agenda because, pursuant to City Council Policy A-1, at the November 19, 2024, meeting, the previous Council voted, without discussion, to bring the subject back at a future

meeting

“
for

discussion

and/or

action
.”

Yet,

staff

has

placed

it

on

the

consent

calendar,

where

a

specific

proposal

that

has

never

been

publicly

discussed

is

expected

to

be

approved,

again

without

any

discussion.

One might think that, at a minimum, before voting the Council members would want to ask about

the

status

of

the

General

Plan

Update

and

its

expected

timeline.

If

they

did

so,

they

might

learn

that

the

entire

process

is

expected

to

be

completed,

and

the

advisory

committees

dissolved,

before

the

end

of

the

current

year.

Given that context, establishing a procedure by which the advisory committees’ membership will be

reassessed

each

February

seems

strange

–

because

there

will

be

no

future

Februaries

other

than

the

coming

one.

As to changing the composition this February, as a current GPAC member, but commenting as a private

citizen,

I

have

seen

no

reason

offered

for

what

seems

both

unnecessary

and

disruptive.

While

the

process

to

date

has

been

a

very

imperfect

one,

and

could

have

been

better,

changing

the

participants,

but

not

the

structure,

in

the

final

months

hardly

seems

likely

to

produce

a

better

result.

On a more technical note, the Council may wish to know how the City Clerk plans to advertise the

unscheduled

vacancies

and

how

long

the

application

period

will

be

left

open.

Finding

20 to
30 new members will be difficult, and Government Code Section 54974 requires only that at least 10 working days elapse between the posting and the appointment, but does not seem to say

how

long

the

invitation

to

apply

needs

to

be

“open.”
As to the existing members, there seems to be a discrepancy between the proposed resolutions,

whose

Attachment

A’s

say

“
Members

who

are

in

good

standing

at

the

time

their

term

has

expired

are

eligible

for

reappointment

and

need

not

reapply
”

and

the

staff

report,

which

says

“
As

drafted,

if

a

current

GPAC

or

GPUSC

member

is

in

good

standing

with

an

application

on

file

that

is

no

more

than

two

years

old

at

the

time

of

City

Council’s
appointments, there would be no need to submit a new application .” The City’s GPAC page indicates most of the current members were appointed on November 15, 2022, and its GPUSC page indicates all three members were appointed on April 12, 2022. All of these people’s applications would now be more than two years old, and they would need to reapply according to

the

staff

report,

but

not

according

to

what

would

seem

to

be

the

plain

language

of

the

resolutions.

Which

is

correct?

298
January 14, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Additionally, the Council members may wish to discuss whether the rules for achieving geographic

and

institutional

diversity

in

appointments

to

the

GPAC

detailed

in

the

table

on

page

4-6

of

the

staff

report

is

still

appropriate,

and

how

the

table

should

be

used.

In

particular,

many

applicants

will

have

multiple

affiliations

and

it

is

not

clear

how

the

limitations

to

“not

more

than

one”

from

each

“sample”

is

intended

to

apply

to

them.

As to the substance of what the committees do, there is an existing uncertainty in that the GPAC is

instructed

to

make

recommendations

to

the

GPUSC,

but

there

is

no

provision

as

what

the

GPUSC

is

supposed

to

do

with

them.

Are

they

obligated

to

pass

them

on

to

the

City

Council?

Or

does

the

GPUSC

have

veto

power

over

the

GPUSC

recommendations?

Item 5. Resolution No. 2025-4: Approving an Amendment to the Key and

Management

Compensation

Plan
The staff report (page 5-1) implies the maximum bonus available for scholastic achievement is

8.5%,

however

the

actual

proposed

language

on

page

5-6

shows

a

7%

bonus

for

achieving

the

BA/BS

level,

and

a

separate

8.5%

bonus

for

the

MA/MS/JD

level

without

making

it

clear

if

members

can

qualify

for

only

one

or

for

both.

Will

that

be

a

problem?

Also shouldn’t there be a requirement that the achievement is in a field related to the employee’s

work?
More generally, the amendment is offered to the Council for approval as a snippet without being able

to

see

the

context

in

which

it

will

occur

or

the

prior

language

it

replaces.

Compounding

that

problem,

the

public

does

not

seem

to

be

able

to

easily

see

or

review

the

current

Key

&
Management Compensation Plan. Instead, on the HR Department’s MOUs & Benefit Summaries page one finds a 2022 version and what seem to be 12 adjustments to it, some of which are not machine searchable, making it particularly challenging to piece together what the current plan is. However, as best I can tell, the (non-machine-readable) Sixth Amendment made Policy Safety Key & Management employees eligible for the same scholastic achievement benefits

as

members

of

the

Police

Management

Association,

with

language

essentially

identical

to

that

for

Fire

Safety

Key

&

Management

employees.

What

was

wrong

with

that?

Is

Fire

Safety

Management

eligible

for

a

larger

benefit

than

Police

Safety

Management?

If

so,

how

large

is

the

change?

And

why

wouldn’t

Police

Management

want

the

same

benefit?
The report does not seem very transparent.

Item 6. Resolution No. 2025-5: Creating the Ad Hoc Council Policy Review

Committee
This is another case where, rather than being on the consent calendar, one might think the Council

members

would

want

to

discuss

the

matter

to

give

direction

to

the

committee

as

to

the

scope

of

their

assignment,

and

possibly

as

to

who

should

be

on

it.

Although I cannot find it mentioned in either the staff report or the proposed resolution, the last comprehensive review of the Council Policy Manual took place in 2018, and culminated in the massive 338-page Item 18 on the August 8, 2017, agenda, making changes that neither the

299
January 14, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 public nor the Council members not on the committee had time to thoughtfully consider or review.

I would strongly recommend the present committee be asked to review the policies in more digestible

pieces,

and

through

a

more

public

process

–

including,

for

example,

presentation

at

a

study

session

at

a

meeting

prior

to

the

meeting

at

which

adoption

is

proposed.

Item 14. Memorandum of Agreement with the City of Long Beach Acting

By

and

Through

the

Port

of

Long

Beach

Board

of

Harbor

Commissioners

Authorizing

Disposal

of

Lower

Bay

Dredged

Material

Into

the

Port’s

Pier

G

Slip

Fill

Project
Part (2) of Condition 8 on page 14-8, causing the Agreement to terminate on “ the commencement

of

the

placement

of

the

Newport

Bay

Material

at

a

site

other

than

the

Project
”

seems

slightly

strange.

Does

this

mean

that

if

any

of

the

“
approximately

225,000

cubic

yards

of

material

from

the

Lower

Newport

Bay

channels
”

identified

as

“
Newport

Bay

Material
”

is

found

to

be

suitable

for

disposal

outside

the

Port

of

Long

Beach,

and

disposed

of

at

some

alternate

location,

the

Port

will

refuse

to

accept

any

more?
Also, if the Port of Long Beach location becomes unavailable before all the unsuitable material has

been

disposed

of,

does

the

City

have

a

plan

to

construct

a

smaller

CAD

than

was

originally

planned?

And,

finally,

how

does

this

Agreement

affect

the

private

homeowners

who

were

promised

use

of

the

CAD?

Item 15. Planning Commission Agenda for the January 9, 2025 Meeting
Those new to the Council may be wondering why they are receiving a report on the actions of the

Planning

Commission

and

not

of

any

of

the

City’s

other

boards

or

commissions.

Originally,

this

was

not

on

the

consent

calendar,

but

scheduled

as

a

full

discussion

item.

And

its

purpose,

then

as

now,

was

to

apprise

Council

members

of

the

Planning

Commission’s

decisions,

so

they
would have a chance to call for review, as allowed, currently, by Municipal Code Chapter 20.64. 5 In the present case, the Council is receiving reports of two Planning Commission decisions, both

of

which

seem

problematic

to

me.

In the first, the PC approved remodeling of a warehouse as a fitness training facility for exclusive

use

by

students

of

a

neighboring

high

school,

even

though

the

property

is

designated

for

industrial

uses

and

and

other

uses

“ancillary”

or

“accessory”

to

the

primary

industrial

uses.

While,

as

staff

indicated,

fitness

facilities

are

allowed

“by

right”

in

this

area,

the

assumption

is

they

will

be

serving

the

needs

of

the

primary

industrial

users.

A

facility

serving

exclusively

students

from

a

neighboring

district

is

clearly

not

supporting

the

industrial

uses.

Staff

seems

to

be

reading

“ancillary”

or

“accessory”

not

as

“supporting,”

but

rather

as

anything

that

occupies

5 One might still wonder why the Council does not receive similar reports regarding decisions by the Harbor

Commission,

since

there

is

a

parallel

call

for

review

provision

in

NBMC
Chapter 17.65, Or for
decisions

of

the

Parks,

Beaches

and

Recreation

Commission,

even

though

the

opportunity

to

review

is

found

only

in

Council

Policies.

300
January 14, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 less than a majority of the district. To me, that seems clearly not to have been the intent of the code.

In the second hearing, the PC had to deal with a tennis club consisting of two separately-owned parcels,

but

originally

approved

and

allowed

to

be

subdivided

only

under

the

assumption

they

would

be

operated

together.

Without

making

any

changes

to

that

existing

permit

for

the

two

parcels

to

operate

together,

and

without

seeing

any

evidence

of

consent

by

the

owner

of

one

of

the

parcels,

the

PC

approved

a

staff-proposed,

new,

separate

permit

for

the

second

parcel,

allowing

it

to

be

used

as

a

separate

pickleball

facility.

The

result

seems

to

be

both

to

have

caused

the

other

parcel

to

become

landlocked,

and

to

have

transferred

to

it

all

the

entitlements

of

the

original

permit.

Additionally,

it

seems

quite

possible

the

approval

will

create

land

use

incompatibilities,

with

noise

from

the

pickleball

activity

disturbing

future

guests

at

the

neighboring

hotel

and,

possibly,

residents

across

Jamboree

Road

at

Sea

Island.

I

took

some

grief

from

the

Commissioners

for

suggesting

City

staff

did

not

have

the

expertise

to

independently

verify

the

conclusions

of

the

applicant

noise

analysis

(which

nowhere

addressed

the

highly

impulsive

nature

of

pickleball

noise),

but

I

do

believe

that

to

be

the

case.

Council members may wish to consider calling one of both of these decisions up for review.

Item 16. Confirmation of Nominations to Fill an Unscheduled Vacancy on

the

Parks,

Beaches

&

Recreation

Commission
Since the Council is being asked to “confirm” just two nominations, it would have been helpful to at

least

list

the

names

of

any

other

citizens

who

might

have

applied.

It

would

seem

they

deserve

at

least

that

minimal

recognition,
6 and

other

Council

members

may

wish

to

propose

adding

some

of

the

names

from

that

list.

Item 17. Confirmation of Mayor Joe Stapleton's Appointments Since this item is scheduled to be adopted without discussion, it presumably involved some non-public

discussion

of

who

wanted

to

serve

on

what

committees.

While

that

is

not

necessarily

illegal,

it

would

seem

like

a

discussion

that

could

better

have

taken

place

at

the

public

meeting.

That said, I have, for a number of years, been puzzled by the continuing appointment of a Council member as chair of the Environmental Quality Affairs Committee, especially considering that committee has not met since August 16, 2016 (and before that, on November 20, 2014) and currently has no members other than the Council appointee (of which there are actually supposed

to

be

two).

I see from the minutes of the similar Item 12 from January 10, 2023, that I raised the same puzzlement, and that year’s appointee, Mayor Blom, volunteered that “ as Chair of EQAC, he will assess the future of EQAC .” But as Item 11 on January 9, 2024, he was reappointed as Chair, and, as I noted then, one might wonder how long the assessment will take? One continues to wonder. 6 In other cities, such as Costa Mesa and Laguna Beach, I believe the full council publicly interviews all the

applicants

before

making

appointments.

301

18-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

January 14, 2025
Agenda Item No. 18

ABSTRACT:

In 2019, Governor Gavin Newsom signed Assembly Bill No. 1705 (AB 1705) into law, authorizing the replacement of two existing Medi -Cal reimbursement programs with a single program under a new Public Provider GEMT Intergovernmental Transfer (PP-GEMT-IGT) process. This program is voluntary and its success is dependent on the participation of all transporting agencies . The City of Newport Beach participated in the inaugural Calendar Year (CY) 2023 program as well as the CY 2024 program. Total reimbursement (including pending amounts ) indicate reimbursement amount s beyond original estimates. The Fire Department is requesting continued participation for CY 2025.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve the City of Newport Beach’s voluntary participation in the Public Provider GEMT Intergovernmental Transfer program per AB 1705 for Calendar Year 2025, and authorize the City Manager to execute the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services Certification Forms and pay all necessary invoices.

DISCUSSION:

The Medi-Cal program is the State of California’s Medicaid program and is administered by the California Department of Health Care Services (DHCS.) Medi -Cal provides qualified California residents with healthcare coverage. This coverage can extend to Emergency Medical Services (EMS), including those provided by the City’s Fire Department. Unlike patients with private insurance (or in most cases, Medicare), Medi-Cal patients do not have a co -pay and medical providers like the City must accept Medi-Cal payments as payment in full.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jeff Boyles, Fire Chief - 949-644-3101, [email protected] PREPARED BY: Raymund Reyes, Administrative Manager - 949-644-3352, [email protected]
TITLE: Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025
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Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025
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Medi-Cal is partially governed and funded by federal Medicaid provisions. Medi-Cal plan holders account for approximately 10%-15% of all City medical transports and the City is reimbursed for EMS services directly from the State’s Medi -Cal program. Medi-Cal has historically paid a capitated base rate of $118.20 per transport since 1999; this is significantly lower than the actual co sts for the City to provide transport service. The California Department of Healthcare Services’ (DHCS) Quality Assurance Fee (QAF), Ground Emergency Medical Transport (GEMT), and Intergovernmental Transfer (IGT) programs provide additional revenue to help offset the cost of service.

Passed in 2019 but not implemented until 2023, AB 1705 implemented a new Medi-Cal Public Provider Intergovernmental Transfer Program (PP-GEMT-IGT) for public ground emergency medical transportation providers. The program replaced the outgoing QAF and GEMT programs and provides additional payments to public providers who transport Medi-Cal patients. IGT remains viable and the City continues to participate in this program.

PP-GEMT-IGT is funded by a combination of ambulance transport agency funds and a federal Centers for Medicare and Medicaid Services (CMS) match, called a Federal Financial Participation (FFP.) The State’s general funds cannot be utilized for this reimbursement program, so public ambulance providers voluntarily provide the State with the amount needed (roughly $110 million) through an Inter -Governmental Tran sfer.

DHCS then uses the non -federal funds to draw down available matching federal funds and uses the combined sum to pay the add -on amount per eligible Medi-Cal transports.

DHCS manages the reimbursement processes and charges an administrative fee of 10% of the non-federal share amount.

This add-on amount is currently $946.92, bringing the total add-on amount (including the base rate) to $1,065 .12. The City Council previously approved participation for both CY 2023 and CY 2024. Based on amounts received to date and pending amounts forthcoming, the program appears to be successful. Staff requests City Council approval to participate in the CY 2025 program.

FISCAL IMPACT:

Because DHCS elected to submit payments via an add -on amount, t he month or even year in which add-on fees are collected are not necessarily reflective of the time when the transport occurred. Whereas DHCS’ IGT program consists of a single payment to the State followed by a single reimbursement back to the City for completed transports in a prior calendar year, PP-GEMT-IGT add-on payments are included with the $118.20 base rate amounts and remitted to the City as part of the normal billing collection process. This can result in a delay between the month that the transport occurred and the receipt of any payments. As a result, pending amounts yet to be collected cumulatively roll forward, and revenues could be reflective of add-on amounts for either year.

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PP-GEMT-IGT ADD ON FEES FOR CY 2023, CY 2024
Calendar
Year
Program
Payments to
DHCS (Not
including 10%
admin fee)
Original
Estimated
Revenue
Add-On Fees
Collected
through Oct
2024
Add-on Fees
Pending
Receipt
(through Oct
2024)

PP-GEMT-IGT
Prospective
Total Revenue
for CY2023,
CY2024
2023 $399,377 $1,181,208 $565,514 $1,728,075 $3,032,787 2024 $390,461 $1,155,655 $739,198 TOTALS: $789,837 $2,336,863 $1,304,712 $1,728,075
*This amount includes approximately $3,521 in leftover QAF reimbursements received from DHCS during the PP -GEMT-IGT implementation process.

Even so, the program seems to have surpassed original estimates. Add-on fees already collected have exceeded the City’s original contribution amounts, with a pending add-on amount owed of $1,728,074.62 . Based on the pending amounts yet to be received, revenue estimates may be upwards of $695,923.96 higher than originally anticipated for CY 2023 and CY 2024 combined.

DHCS Payments to Date PP-GEMT-IGT Prospective
Total Revenue to Date
Projected Net Revenue
(including pending amounts)
$789,837 ** $3,032,787 $2,242,950
**While DHCS has invoiced the City for CY 2023 and CY2024 amounts; agencies have not yet been invoiced any 10% administrative fee amounts.

To participate as a funding entity for CY 2025, the City must transfer local funds up to an estimated total contribution amount of $364,855, which includes the 10% administrative fee estimate. Based on current DHCS figures, the number of possible transports and the current program reimbursements , the City may expect to receive a total of $1,310,133 from the CY 2025 program , resulting in an approximate net revenue of $ 945,278. It is important to note that depending on total agency participation, the actual p ayment amounts due during the year may be higher or lower.

DHCS recently published a public notice for the CY 2025 State Plan Amendment (SPA), SPA 25-0002. This SPA includes a proposed add-on reimbursement amount of $1,478.68 for CY 2025 (an increase from $946.92 to $1,360.48.) The SPA is expected to be submitted to CMS in the first quarter of CY 2025. However, approval from CMS is not anticipated until late CY 2025. If approved by CMS, retroactive adjustments reflecting the CY 2025 add -on amount will be applied for the period of January 1, 2025, through December 31, 2025.

Retroactive reimbursements would follow the standard process of Medi-Cal Managed Care Plans reconciling payments based on the updated add-on amount. Adjustments will be applied to each eligible GEMT claim processed during the retroactive service period , once the rates are finalized and approved by CMS. Assuming the amendment passes, 304
Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025
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the City could be required to process additional payments to the State, but could also see increased add-on revenues in a later fiscal year.

The adopted budget includes sufficient funding for the first two quarterly payments due in January and April 2025. Payments will be expensed from the PP -GEMT-IGT account in the Fire Department’s EMS Division, 01040404-821010. The two remaining payments in July and October 2025 will be incorporated into the Fiscal Year 2025-26 adopted budget.

Anticipated revenues from the CY 2025 program have been incorporated into the current year budget (for amounts estimated to be received prior to June 30, 2025) and the Fiscal Year 2025-26 budget process.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Certification for CY 2025 PP-GEMT-IGT Program Attachment B – Public Notice Re. State Plan Amendment 25-0002

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ATTACHMENT A
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Department of Health Care Services
Fee For Service Rates Development Division
State of California
Gavin Newsom, Governor

NOTICE OF GENERAL PUBLIC INTEREST
RELEASE DATE: DECEMBER 10, 2024

PROPOSED STATE PLAN AMENDMENT TO EXTEND THE

PUBLIC PROVIDER GROUND EMERGENCY MEDICAL

TRANSPORT INTERGOVERNMENTAL TRANSFER PROGRAM
This notice is to provide information of public interest about a proposed State Plan Amendment (SPA) by the Department of Health Care Services (DHCS). SPA 25-0002 proposes to continue the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer (PP-GEMT IGT) Program in calendar year (CY) 2025 to continue providing an add-on increase for eligible Ground Emergency Medical Transport (GEMT) services for dates of service January 1, 2025 to December 31, 2025.

California Welfare and Institutions Code (WIC) section 14105.945, enacted by Assembly Bill (AB) 1705 (Chapter 544, Statutes of 2019), authorizes DHCS to implement the PP- GEMT IGT Program for public providers of GEMT services. Providers are eligible to participate in the program if they meet all of the following criteria: (1) provide GEMT services to Medi-Cal beneficiaries, (2) are enrolled as a Medi-Cal provider for the period being claimed, and (3) are owned or operated by the state, a city, county, city and county, fire protection, special, community services, or health care district, or a federally recognized Indian tribe. The add-on increase will be in addition to the fee-for-service fee schedule rates for GEMT services billed using the procedure codes listed below.

Pursuant to SPA 22-0015, the Department was authorized to provide an add-on through the PP-GEMT IGT Program for dates of service January 1, 2023 through December 31, 2023. SPA 22-0015 established an initial add-on rate of $946.92 for each qualifying transport for CY 2023 pursuant to the requirements of WIC section 14105.945(d)(1) and (2). Pursuant to WIC section 14105.945(d)(3), for subsequent rating periods, DHCS is authorized to periodically adjust the initial add-on rate to account for inflation, trend adjustments, or other material changes. In SPA 24-0002, which is pending Centers for Medicare and Medicaid Services (CMS) approval, DHCS proposes to adjust the initial add-on rate for CY 2024 pursuant to Section 14105.945(d)(3). Through this SPA, DHCS proposes to adjust the initial PP-GEMT IGT Program add-on for CY 2025 pursuant to

ATTACHMENT B
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DHCS – NOTICE OF GENERAL PUBLIC INTEREST 2
Section 14105.945(d)(3). Effective January 1, 2025, through December 31, 2025, eligible public providers may receive an add-on increase for the following procedure codes:

Procedure
Code
Description Estimated Medi- Cal PP-
GEMT IGT Add-on Amount
A0429 Basic Life Support $1,478.68
A0427 Advanced Life Support, Level 1 $1,478.68
A0433 Advanced Life Support, Level 2 $1,478.68
A0434 Specialty Care Transport $1,478.68
A0225 Neonatal Emergency Transport $1,478.68
Public providers are not eligible to participate in the GEMT Quality Assurance Fee (QAF) program for periods when the PP-GEMT IGT Program is in effect.

DHCS estimates that the annual aggregate Medi-Cal expenditures for GEMT services will increase by $24.5 million in total funds for Calendar Year 2025.

The effective date of the proposed SPA is January 1, 2025. All proposed SPAs are subject to approval by the CMS.

Public Review and Comments
Upon submission to CMS, a copy of proposed SPA #25-0002 will be published at the following internet address:
https://dhcscagovauthoring/formsandpubs/laws/Pages/Pending-2025.aspx If you would like to view the SPA in person once it becomes available, please visit your local county welfare department. You may also request a copy of proposed SPA #25- 0002 using the mailing or email address listed below.

Written comments may be sent to the following address:

Department of Health Care Services
Fee-For-Service Rate Development Division
Attn: Michelle Tamai
P.O. Box 997413, MS 46000
Sacramento, California 95899-7417
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DHCS – NOTICE OF GENERAL PUBLIC INTEREST 3

Comments may also be emailed to [email protected]. Please indicate SPA #25- 0002 in the subject line or message.

A copy of submitted public comments to SPA #25-0002 may be requested in writing to the mailing or email address identified above.
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On the Agenda: January 14 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, January 14. A closed session meeting will begin at 4 p.m. The regular meeting begins at 5:30 p.m.

Agenda items include:
• A Memorandum of Agreement with the City of Long Beach (through the Port of Long Beach Board of Harbor Commissioners) authorizing the disposal of lower bay dredged material into the Port’s Pier G slip fill project. The agreement would allow dredged material from Newport Harbor, which is unsuitable for ocean disposal, to be used as fill material at Pier G. This method would preclude the Confined Aquatic Disposal solution previously proposed by the City. The lower harbor dredging project, which is being led by the U.S. Army Corps of Engineers, is expected to begin in the spring.
• Confirmation of Mayor Joe Stapleton's appointments. City Council Policy A-2 (Boards, Commissions and Committees) provides for the mayor to annually appoint individuals to serve on various City Council and Citizens Committees, Citizens Advisory Committees, and Joint Governmental Committees. The appointments are proposed by the Mayor and confirmed by the City Council.
• Participation in the Ground Emergency Medical Transport Intergovernmental Transfer program for 2025. The program reimburses cities and public agencies for costs related to the emergency transportation of patients covered by Medi-Cal.

VIEW THE FULL AGENDA >>

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