Agenda packet — Newport Beach City Council, February 25, 2025 (part 2 of 2)

5-2

The Aviation Ad Hoc Committee would expire upon making its recommendations to the City Council or December 31, 2025, whichever occurs first.

Additionally, for the Council's consideration, are the appointments of Mayor Pro Tem Lauren Kleiman and Councilmembers Michelle Barto and Noah Blom to serve on the ad hoc committee.

FISCAL IMPACT:

There is no fiscal impact related to the adoption of Resolution No. 2025-10.

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 advanc e of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Resolution No. 2025-10

173

ATTACHMENT A
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 6
ABSTRACT:

On November 29, 2022, the City Council awarded Contract No. 8020-6 for the Superior Avenue Pedestrian/Bicycle Bridge and Sunset View Park Parking Lot project to Reyes Construction, Inc. The project involved construction of a new pedestrian/bicycle bridge across Superior Avenue , expansion of Sunset View Park , and construction of a larger parking lot at the intersection of Superior Avenue and Pacific Coast Highway (PCH). The work is now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$10,518,759.00 $11,431,428.94 $912,669.94 8.7%
Allowed Contract Time +
Approved Extensions (Days) = 422 Actual Time Used (Days) 422

This project included the construction of a new pedestrian/bicycle bridge across Superior Avenue, expansion of Sunset View Park with additional landscaping and grass area, and construction of a larger parking lot at the intersection of Superior Avenue and PCH.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315, [email protected]
TITLE: Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot (Project No. 15T09) – Notice of Completion for Contract No. 8020-6 177
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot – Notice of Completion for Contract No. 8020-6
February 25, 2025

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The new pedestrian/bicycle bridge and larger parking lot have improved pedestrian and cyclist access and safety for visitors to both Sunset Ridge and Sunset View Parks.

The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows:

Original Bid Amount: $ 10,518,759.00
Actual Cost of Bid Items Constructed: $ 10,473,726.01
Total Change Orders: $ 957,702.93
Final Contract Cost: $ 11,431,428.94

The final total contract amount was $ 11,431,428.94, which was approximately 8.7% higher than the original bid amount. This cost increase was primarily due to unforeseen poor soil conditions, which required modifications to the retaining wall design and a significant amount of additional earthwork and foundation work . Several other smaller change order items were related to excessive groundwater seepage and unforeseen existing underground utilities.

A summary of the project schedule milestones is as follows:

The contract time was extended to account for the additional time needed to complete change order work. In addition, there was a total of 25 inclement weather days, which delayed the project completion date.

FISCAL IMPACT:

The Superior Avenue Pedestrian/Bi cycle Bridge and Sunset View Park Parking Lot project was included within the FY 2022-23 Capital Improvement Program Budget. Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
Bicycle Corridor Improvement Program
(BCIP) Federal Grant 13501-980000-15T09 $ 2,349,600.00
Transportation and Circulation 14001-980000-15T09 $ 2,943,600.00 Facilities Financing Plan (FFP):

Parks/Community Centers 56201-980000-15T09 $ 6,138,228.94 Total: $ 11,431,428.94
The BCIP is a funding program administered by the Orange County Transportation Authority for bicycle and pedestrian projects that reduce traffic congestion and improve air quality. The City received Congestion Mitigation and Air Quality federal funds for this project under the BCIP.

Estimated Start of Construction per Annual Baseline Schedule February 27, 2023 Actual Start of Construction Per Notice to Proceed January 23, 2023 Estimated Completion per Annual Baseline Schedule November 30, 2024 Substantial Completion Date Inclusive of Extra Work September 27, 2024 178
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot – Notice of Completion for Contract No. 8020-6
February 25, 2025

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Transportation and Circulation funds are fair share revenues collected from developers for capital improvement projects meeting the circulation element of the City’s General Plan. The FFP , funded by the General Fund and developmen t agreement contributions, was created to allow for the construction and rehabilitation of City facilities.

ENVIRONMENTAL REVIEW:

On November 29, 2022, the City Council found the requirements for environmental review under the California Environmental Quality Act (CEQA) was satisfied by the November 19, 2019 City Council adoption of Resolution No. 2019 -102, A Resolution of the City Council of the City of Newport Beach, Califor nia, Adopting Mitigated Negative Declaration No. ND2019 -002 (SCH# 2019099074) for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (PA2019 -014), including the Mitigation Monitoring and Reporting Program, pursuant to CEQA Guidelines and City Council Policy K-3.

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 – Location Map

179

ATTACHMENT A - LOCATION MAP

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8020-62/11/2025

SUNSET VIEW
PARK
N
VILLA
BALBOA

HOAG HOSPITAL

LOWER CAMPUS
LIDO
SANDS

PACIFIC COAST HWY

SUPERIOR AVE

SUNSET RIDGE PARK

NEWPORT
CREST

PED/BIKE BRIDGE

VILLAGE SHOPPING
CENTER

BALBOA BLVD
NTS

SUPERIOR AVENUE PEDESTRIAN/BICYCLE

BRIDGE AND PARKING LOT

ADDITIONAL

PUBLIC PARKING

SUNSET VIEW

PARK EXPANSION

RIVER AVE

JACK IN

THE BOX
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ATTACHMENT A
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 7

ABSTRACT:

On February 13, 2024, the City Council awarded Contract No. 9009-2 for the OASIS Senior Center Site Lighting project to SacTown Contractors Corporation . The project involved replacing the existing light fixtures nearing the end of their service life at the OASIS Senior Center with new energy efficient Light Emitting Diode (LED) light fixtures .

The work is now complete and staff requests City Council accept ance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$365,795 $365,795 $0.00 0.0%
Allowed Contract Time +
Approved Extensions (Days) = 79 Actual Time Used (Days) 77

This project involved replacing the existing light fixtures nearing the end of their service life in the fitness room, dance room, art center and seven classrooms at the OASIS Senior Center with new energy efficient LED light fixtures to comply with California Assembly Bill (AB 2208) that prohibits the purchase and sale of fluorescent light fixtures . The project also included replacing the lighting control system that was no longer supported by t he manufacturer.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: OASIS Senior Center Site Lighting Project – Notice of Completion for Contract No. 9009-2 (23F02)
181
OASIS Senior Center Site Lighting Project –
Notice of Completion for Contract No. 9009-2
February 25, 2025

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The final total contract amount was $365,795, which is the same as the original bid amount. Two no-cost change orders added days to the project schedule due to material procurement delays. The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows:

Original bid amount: $ 365,795.00
Actual Cost of Bid Items Constructed: $ 365,795.00
Total Change Orders: $ 0.00
Final contract cost: $ 365,795.00

A summary of the project schedule milestones is as follows:

Due to unforeseen delays in material procurement , the contractor was granted 39 additional days to complete the project.

FISCAL IMPACT:

The OASIS Senior Center Site Lighting project was included within the Fiscal Year 2024- 25 Capital Improvement Program Budget. Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
Facilities Maintenance Master Plan 57101-980000-23F02 $ 365,795 Total: $ 365,795

Facilities Maintenance Master Plan funds are General Fund monies directed annually to the planned and necessary capital maintenance and repair of City facilities.

ENVIRONMENTAL REVIEW:

On February 13, 2024, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 Section 15301(a) (interior or exterior renovations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

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 – Location Map
Estimated Start of Construction per Annual Baseline Schedule September 16, 2024 Actual Start of Construction Per Notice to Proceed October 17, 2024 Estimated Completion per Annual Baseline Schedule November 15, 2024 Substantial Completion Date Inclusive of Extra Work January 28, 2025 182

MARGUERITE AVE

MARGUERITE AVE
5TH AVE
5TH AVE
5TH AVE

MARGUERITE AVE

LARKSPUR AVE

NARCISSUS AVE

MARIGOLD AVE

NARCISSUS AVE

OASIS SENIOR
CENTER
I:\Users\PBW\Shared\Contracts\FY23-24 CURRENT\100_FACILITIES\FMMP\OASIS Site Lighting Prj C-9009-1_21F02\COUNCIL MEMOS\Oasis Map Location.dwg 01/12/24 - 12:52pm ncarstensen

OASIS SENIOR CENTER SITE LIGHTING CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-9009-2 02/13/2423F02

ATTACHMENT A

LOCATION MAP
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 8

ABSTRACT:

The City of Newport Beach received construction bids for the Street Pavement Repair Program Fiscal Year 2024-25 project. Staff requests City Council approval to award the construction contract to Hardy & Harper, Inc. of Lake Forest. This project removes and replaces areas of deteri orated asphalt pavement in the Spyglass Hill, Newport Hills, Harbor View and Seawind communities.

RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications;
c) Award Contract No. 9716-1 to Hardy & Harper, Inc. for the total bid price of $1,425,000 for the Street Pavement Repair Program FY 2024-25 project, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $143,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

The Street Pavement Repair Program FY 2024 -25 project includes reconstructing isolated portions of deteriorated asphalt concrete pavement, lowering and raising manhole frames, replacing utility boxes and lids, replacing and resetting survey monument boxes, and installing new traffic striping. These improvements are needed to prepare for the upcoming annual slurry seal program, which will be i n the same communities.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315, [email protected]
TITLE: Street Pavement Repair Program Fiscal Year 2024-25 – Award of Contract No. 9716-1 (25R03)
184
Street Pavement Repair Program Fiscal Year 2024-25 –
Award of Contract No. 9716-1
February 25, 2025

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At 10 a.m. on February 3, 2025, the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low Hardy & Harper, Inc. $ 1,425,000
2nd Onyx Paving Company, Inc. $ 1,466,000
3rd LCR Earthwork & Engineering, Corp. $ 1,515,210
4th Excel Paving $ 1,618,256
5th All American Asphalt $ 1,697,550
6th R.J. Noble Company $ 1,722,955
7th Dash Construction Company, Inc. $ 1,757,386

The City received seven bids. The low bidder, Hardy & Harper, Inc., possesses a California State Contractor ’s License Classification “A”, as required by the project specifications. A review of references for Hardy & Harper, Inc. shows satisfactory completion of similar contracts for the City and other municipalities.

The low bid was 0.1% below the Engineer’s Estimate of $1,427,000. The minor difference between the low bid and the Engineer’s Estimate is negligible.

Pursuant to the contract specifications, the contractor will have 60 consecutive working days to complete the work. Work is scheduled to start in March 2025.

The project plans and specifications will be available for review at the February 25, 2025, City Council meeting or upon request.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. The following funds will be expended:

Account Description Account Number Amount
General Fund (22R03) 01201927-980000-22R03 $ 18,500
General Fund (24R03) 01201927-980000-24R03 $ 61,200
General Fund (25R03) 01201927-980000-25R03 $ 1,492,600
Water Capital 70201-980000-24R09 $ 22,680
Wastewater Enterprise 71101-980000-24R09 $ 13,520
Total: $ 1,608,500
Proposed fund uses are as follows:

Vendor Purpose Amount
Hardy & Harper, Inc. Construction Contract $ 1,425,000
Hardy & Harper, Inc. Construction Contingency $ 143,000 Harrington Geotechnical, Inc. Materials Testing $ 37,800 Various Printing & Incidentals $ 2,700
Total: $ 1,608,500

185
Street Pavement Repair Program Fiscal Year 2024-25 –
Award of Contract No. 9716-1
February 25, 2025

Page 3 ends

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The Water Capital Fund generates revenue primarily through water rates collected by service users. The Wastewater Enterprise fund generates revenue primarily through sewer rates collected by service users.

Staff recommends establishing $143,000 (approximately 10% of total bid) for contingency purposes and unforeseen conditions associated with construction.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment.

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 – Location Map
186
I:\Users\PBW\Shared\Contracts\FY24-25 CURRENT\200_STREET_DRAINAGE\Street Pvmnt Rpr Prgm C-9716-1_25R03\COUNCIL MEMOS\Location Map_NEW.dwg 01/30/25 - 3:51pm DJordan

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-9716-1 02/25/2025LOCATION MAP 25R03

ATTACHMENT A

PROJECT

LOCATIONS

STREET PAVEMENT REPAIR
PROGRAM FY 2024-25

PACIFIC

MACARTHUR

JOAQUIN

SEAWIND

NEWPORT
HILLS
HARBOR
VIEW
SAN
MIGUEL
DR
BONITA
CANYON
BLVD

SPYGLASS

SPYGLASS
HILL
SAN
HILLS
RD
73 FREEWAY
DR
73 FREEWAY
HILL
RD
VIEW
DR
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 9

ABSTRACT:

The terms and conditions of the City of Newport Beach’s Police Chief employment are set forth in their respective Employment Agreement with the City of Newport Beach .

Following City Council discussion and direction at the February 11, 202 5 meeting, the City Manager wishes to revisit t he employment terms and make an adjustment to the compensation.

RECOMMENDATIONS:
a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and
b) Authorize the City Manager to execute a First Amended and Restated Employment Agreement between the City of Newport Beach and David Miner for Police Chief Services.

DISCUSSION:

The terms and conditions of the City of Newport Beach’s Police Chief employment are set forth in his Employment Agreement with the City which was approved by the City Council on February 11, 2025. The Employment Agreement provided in pertinent part for an annual base salary of $2 70,478; and base pay adjustments equal to any cost-of-living adjustments (COLAs) received by the Newport Beach Police Management Association (NBPMA) pursuant to an approved Memorandum of Understanding (MOU) or Side Letter Agreement (SLA) between the NBPMA and the City. The proposed terms of a First Amended and Restated Employment Agreement (Attachment A) include the following:

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
[email protected]
PREPARED BY: Sarah Rodriguez, Human Resources Manager - 949-644-3301, [email protected]
TITLE: First Amended and Restated Employment Agreement with the City of Newport Beach Police Chief
188
First Amended and Restated Employment Agreement
with the City of Newport Beach Police Chief
February 25, 2025

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 Annual – Base Salary Increase. Beginning in 2026, and each year thereafter, Employee shall receive a Base Salary increase in compensation equal to three percent (3%) of the Base Salary or, if a smaller increase in Base Salary will place Employee at the top of the salary schedule for the Police Chief position, Employee’s Base Salary shal l be increased to the maximum provided for the Police Chief position in the salary schedule adopted by the City Council. For example, if a two percent (2%) increase will place Employee at the top of the salary schedule for the Police Chief position, the in crease provided in this subsection for that year would be two percent (2%). The increase shall be effective for the pay period that includes February 25. In no event shall the increases provided for in this subsection exceed the approved salary range adopt ed by resolution of the City Council.
 Performance – Base Salary Increase. Employer, via the City Manager, shall conduct annual performance examinations on or about the anniversary date of the Effective Date of this Agreement, or, consistent with that of o ther Executive Management Employees. In addition to the automatic Base Salary increase provided for in Subsection 4 (B), if the City Manager determines that the Police Chief’s performance is satisfactory, the City Manager may increase the Police Chief’s Base Salary by a percentage the City Manager deems appropriate, provided that any increase shall not exceed the approved salary range for the Police Chief position adopted by resolution of the City Council.  Newport Beach Police Management Association Salar y Schedule Adjustments – Base Salary Increase. Employee shall receive a Base Salary increase in compensation equal to the salary range adjustment(s) (percentage increase(s)) provided to the unit members of the Newport Beach Police Management Association (NBPMA), as set forth in an approved Memorandum of Understanding (MOU) or Side Letter Agreement (SLA) between the NBPMA and the City.

Currently, the next salary range adjustment for the NBPMA is scheduled for July 12, 2025, in the amount of three percent (3 %), and is reflected in the City Council adopted salary schedule. The Parties expressly agree that the salary range for the Police Chief, which is reflected in the Council approved salary schedule, shall be adjusted by the same percentage increase(s) as p rovided to unit members of the NBPMA, as set forth in an approved MOU or SLA.  Market Survey – Salary Schedule Adjustment. By February 26, 2026, Employer shall conduct a compensation survey for the position of Police Chief, using those agencies approved by the City Council as comparator agencies on November 19, 2024. If the compensation survey for the comparator agencies indicates the base salary for the position of Police Chief is below average, the City Manager shall propose an increase to the Newport Beac h salary schedule for the position of Police Chief that reflects the base salary schedule range of the comparator agencies within two months of the completion of the salary survey.  Scholastic Achievement Pay and Uniform Allowance. Additional language added as follows: The Parties agree that the scholastic achievement pay/ uniform allowance does not impact or limit the amount that may be paid as Base Salary. 189
First Amended and Restated Employment Agreement
with the City of Newport Beach Police Chief
February 25, 2025

Page 3 ends

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FUNDING REQUIREMENTS:

The adopted budget includes sufficient funding for the Employment Agreement.

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 physic al 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 – First Amended and Restated Employment Agreement 190

ATTACHMENT A
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February 25, 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 1. Minutes for the February 1, 2025 Planning Session and February 11, 2025 City Council Meeting
The passages shown in italics below are from the draft minutes with suggested corrections shown in strikeout underline format. The page number refers to Volume 66.

Page 256 ends

held. Shouldn’t they?

Page 258 ends

removal by the Costa Mesa Sanitation District, supported an increased use of equestrians by the Police Department, and expressed concern for the use of drones in the same area as an airport.”

Page 259 ends

information with the trash bills. He asked the City to review the cost associated with building an aquatic center at Lower Castaways and noted the site is considered as recreational and commercial by the General Plan with a maximum building size of 2,000 square feet, but the proposed plan exceeds this by four times.”

Page 260 ends

City Manager Jurjis stated that the NewportMesa Unified School District’s property has been identified as a housing opportunity site, the City will receive credit for it and has jurisdiction for its planning, conversations with the school district have occurred, and the City will work with the school district for project entitlements.”

Page 267 ends

Leung stated that the salary range has been in effect since the last salary survey, the salary is in line with the former Police Chief’s salary, Cost of Living Adjustments (COLA) are associated with the Police Management Association’s agreements (PMA) and are not reflected in the base pay, and the range reflects only the base salary.” [?] Item 9. First Amended and Restated Employment Agreement with the City of Newport Beach Police Chief
The proposed minimum 3% annual base salary increase seems rather different from the bonus discussed at the last Council meeting, and the staff report does not explain what variations were considered, by whom, or why this particular one was selected.

Moreover, when amendments to contracts are proposed, it is customary to provide a redline so the detailed changes can be seen and compared to the summary of their purported effects provided in the staff report. It is unclear why no redline has been provided here.

It is unclear why so many words are needed (on agenda packet page 9-5) to describe a 3% increase capped by the upper limit of the salary range – and even then requiring an example of how those words mean the cap might cause the increase to be limited to 2% instead of 3%.

Received After Agenda Printed
February 25, 2025
Written Comments
222
February 25, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Couldn’t something like the more concise language in the next paragraph, imposing the same cap

the

City

Manager’s

authority

raise

the

base

salary,

have

been

used,

eliminating

the

need

for

example?
More importantly, despite the many words, it is unclear how this 3% paragraph 1 adjustment is intended

interact

with

the

increase

described

paragraph

3 on

page

9-6.

Would

the

increase

pursuant

paragraph

3 fulfill,

the

year

occurs,

the

paragraph

1 promise

increase?

addition?

Item 10. Services and Purchase Agreement with BRINC Drones, Inc. for

the

Police

Department

Drone

Program
This proposal is obviously extremely expensive compared to what, according to Item 4 of the present

agenda

(page

4-41)

was

the

$1,449

cost

the

NBPD’s

evaluation

drone.

Indeed, the price of the six new drones is not obvious from the five-year Agreement Costs schedule

page

10-4,

since

they

seem

delivered

the

beginning

year

but

paid

for

over

the

five

years

with

their

cost

folded

into

some

not

clearly-stated

annual

maintenance

cost.

Assuming the drones are designed to last more than five years, is the annual cost expected to drop

after

year

The

statement

the

end

the

Fiscal

Impact

paragraph

(page

10-5)

that

“
Funding

for

subsequent

fiscal

years

will

addressed

the

annual

budget

preparation

process
”

hardly

informative

that

point.

unreasonable

ask

what

expected

be?
Additionally, isn’t the implementation of this program supposed to be preceded by development of

drone

policy?

What

the

status

that

policy?

Item 11. Confirmation of Appointments to the General Plan Update Steering

Committee

and

the

General

Plan

Advisory

Committee
As a former GPAC member, but commenting as an individual, I continue to find this process of terminating

and

then

reappointing

the

GPUSC

and

GPAC

pointlessly

disruptive.

According to the timeline shown when the full GPAC last met on November 6, 2024, the City’s consultant team was expected to be completing its draft of its proposed new general plan in January,

with

GPAC

review

February

and

March,

which,

believe,

was

expected

complete

our

role.

Instead,

were

told

our

appointments

would

terminate

February

11 and

would

have

later

reappointed

finish

the

job

had

promised

do.

I understand a single new application was received in response to the vacancy announcement, and

four

dispirited

existing

members

showed

further

interest

serving.

In my view, this has done nothing but pointlessly delay the process by a month or more. Moreover, I now see that two of the former members who did express an interest in concluding their

job,

Charles

Klobe

and

Nancy

Scarbrough,

are

not

being

recommended

for

reappointment.

I cannot guess the reason they were singled out, and think an explanation should be provided. Charles chaired the subcommittee reviewing the Recreation and Natural Resources Elements, while

Nancy

chaired

the

subcommittee

reviewing

the

Safety

Element.

Both

were

fully

engaged,

223
February 25, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 came prepared to the meetings, had better attendance records than a number of the former members

that

are

being

recommended

for

reappointment,

and

ran

efficient

and

thoughtful

subcommittee

meetings.

Nancy, in particular, even ran for City Council in 2024 and 16,359 residents of our City expressed confidence in her judgment. While a greater number seem to have preferred a different

viewpoint,

the

Council

wants

diversity

outlooks,

the

GPAC

was

originally

intended

have,

well

maintaining

continuity

the

subcommittees,

think

one

both

these

former

members

should

continued,

addition

the

new

appointees.

Item 12. Ordinance No. 2025-3: Designating a Portion of Corona del Mar

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
This seems like a bit of an overreaction to me. I thought the current limited program of enhanced

enforcement

had

been

thought

have

worked,

and

the

problem

addressed

the

4th

July

West

Newport

have

gotten

better,

not

worse,

there

would

need

expand

areas

days.

How do the numbers of calls for service and arrests on the days cited in CdM compare to the numbers

the

same

area

other

peak

days

the

year?

And

under

this

relaxed

standard,

wouldn’t

much

larger

portion

the

Peninsula

qualify

equally

problematic

area?

Don’t

they

attract

holiday

beachgoers

and

vacationers

well?
Whatever the need, the “legal” description of the new “Corona del Mar Safety Enhancement Zone”

proposed

page

12-9

(unlike

that

for

the

existing

“West

Newport

Safety

Enhancement

Zone”)

does

not

seem

complete:

“ the area bounded by the Pacific Ocean on the south, San Joaquin Hills Road on the north,

MacArthur

Blvd.

the

west

and

Hazel

Drive

the

east
,

…”

How does one draw the line from MacArthur Blvd. to the Pacific Ocean? Or from Hazel Drive to San

Joaquin

Hills

Road?

The

roads

not

through.

Apparently

person

wanting

know

they

are

the

CdM

Enhancement

Zone,

not,

would

need

know

the

boundaries

“
Newport

Beach

Police

Department

Reporting

District

44 of

Area

4 .”

But

where

does

one

find

map

that?

Does

map

need

included

the

ordinance?
Additionally, the staff report is not clear as to what the consequences of being in a designated Safety Enhancement Zone are. As I read NBMC Section 1.04.010.B, the fines for any violation of any provision of the entire Municipal Code are tripled in the designated areas during the designated

hours.

the

good

residents

and

business

owners

these

areas

really

want

face

the

threat

fines

for

code

violations

unrelated

partying

arbitrarily

triplied

certain

days

the

year

mitigate

problem

they

may

not

even

feel

needs

addressing?

And

they

really

want

their

guests

and

patrons

see

signs

warning

them

they

are

entering

problem

area?

224

10-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 10
ABSTRACT:

The Police Department requests City Council approval of a five-year agreement with BRINC Drones, Inc. for a Drones -as-First-Responder (DFR) program for a total cost of $2,176,037.60 over five years. The Police Department also requests approval of a budget amendment to fund the agreement and to cover first-year set-up costs for site preparation and equipment and the ongoing cost for utilities . The pur chase would be made using NPPGov cooperative purchasing agreement No. PS24040.

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; b) Approve a five -year Services and Purchase Agreement with BRINC Drones , Inc. of Seattle, Washington, using the competitive selection process conducted for NPPGov Cooperative Purchasing Agreement No. PS24040 in an amount not -to-exceed $2,176,037.60, and authorize the Mayor and City Clerk to execute the Agreement ; and
c) Approve Budget Amendment No. 25 -055 to increase expenditure appropriations by $497,516 in the Detective Division Drone Program accounts, 01035355 -811065, 01035355-911017 and 01035355-831001.

DISCUSSION:

Background
The Police Department, with City Council support, has made technology improvements a priority in its core mission to address crime in the City of Newport Beach. Drone technology has become a very important tool for crime prevention, the investigation of crimes, and the apprehension of suspects. By e stablishing a DFR and patrol drone program, the Police Department will be able to respond to crimes -in-progress more quickly, find and apprehend suspects who have committed crimes, and assist in providing thorough investigations and eventual prosecution. A drone program will enhance both proactive and reactive patrols and can free up patrol officers to handle more high priority calls for service.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY: Jonathan Stafford, Deputy Director - 949-644-3650, [email protected]
TITLE: Services and Purchase Agreement with BRINC Drones, Inc. for the Police Department Drone Program
225
Services and Purchase Agreement with BRINC Drones, Inc. for the Police Department Drone Program
February 25, 2025

Page 2 ends

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Selection of BRINC Drones
NPPGov, a nationwide purchasing cooperative based in Seattle, Washington, solicited requests for proposals (RFPs) for DFR programs on behalf of the League of Oregon Cities in November 2023. A competitive RFP process resulted in awarding NPPGov contract No. PS24040 in February 2024 to BRINC Drones, Inc. The RFP process conducted by NPPGov meets the competitive selection process standards established by the City of Newport Beach, allowing City staff to forgo the time and expense of conducting its own RFP process.

Police De partment staff researched the new and evolving DFR marketplace and determined that BRINC Drones was the best provider to meet the City’s needs for a DFR program and auxiliary patrol/tactical drones. BRINC is a US company and their drones are designed and manufactured in the US. BRINC has an established and successful customer base utilizing its Lemur series tactical drones throughout the United States and its DFR program delivery schedule was the shortest. Lemur drones are deployed by SWAT teams for reconnaissance and the searching of buildings during emergency tactical operations and search warrant service.

DFR Program
The DFR program will utilize BRINC Responder drones launched from established base stations to respond directly to calls for service , providing a live aerial view of events as they are occurring. Crime Information Center (CIC) staff will be able to launch DFR drones immediately and BRINC’s LiveOps automated flight control system will fly the drones to the dispatched location. CIC staff, patrol officers, and supervisors will be able to access the live view to assess situations as police units are responding to a call.

BRINC will provide all components necessary to establish and operate the DFR program and auxiliary patrol drone program:

 6 Responder drones, 5 for DFR and 1 ready-drone for patrol/detective operations  5 Responder base stations
 1 Lemur 2 tactical drone
 All regulatory approvals from the Federal Aviation Administration o Includes Beyond Visual Line of Sight piloting without a visual observer  LiveOps autonomous flight control system
o Includes configuration for SNA operations area and continuous updating of flight restrictions and other critical flight operations information  No-fault warranty including full replacement of damaged or inoperable drones  All maintenance of drones, base stations, and software  2 hardware refreshes to the latest drone model, in year 3 and year 5 The six Responder drones can be piloted from the CIC using LiveOps or by a ground pilot using a dedicated remote-control unit. Responder drones fully recharge at the base station in 40 minutes and can also land to have batteries or payloads hot -swapped by ground personnel.
226
Services and Purchase Agreement with BRINC Drones, Inc. for the Police Department Drone Program
February 25, 2025

Page 3 ends

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The Lemur 2 drone provides a broad array of features needed in crisis negotiations and building entries and searches, including two-way communication, LIDAR room mapping, bright lights, a glass -breaker, and a thermal camera. Full specifications for both drones are included with the agreement (Attachment A).

The five drones/base stations will be strategically located throughout the city to provide a response to most calls for service within two minutes . The image below shows the preliminary locations for the DFR drones /base stations with the colored circles representing drone response time from launch to arrival of approximately two minutes.

The permanent locations of the DFR drones and bases stations have not yet been finalized.

Image 1: Preliminary Base Station Locations

227
Services and Purchase Agreement with BRINC Drones, Inc. for the Police Department Drone Program
February 25, 2025

Page 4 ends

10-4

Fire/Lifeguard Operations Support
The DFR program can be u sed to support calls for service involving joint responses by the Police Department, the Newport Beach Fire Department and its Lifeguard Operations Division. Drones will be very valuable in calls for service for structure fires, brushfires, vehicle fires, missing swimmers, or for clearing the beach for shark sightings or lightning incidents. Drones for Fire or Lifeguard Operations drone programs can be easily added to the BRINC agreement in the future at discounted costs using the FAA permitting and LiveOps flight control system already established for the DFR program.

Costs
BRINC has provided a significant discount on costs compared to the NPPGov contract pricing. The NPPGov contract discount is 2.5% off of list pricing, but the City is receiving a 30% discount on list pricing. The table below shows the five-year costs for the DFR and patrol drone prog ram agreement. Costs for base station site preparation and ongoing utilities costs are not included in the table, but are listed in the Fiscal Impact of this report.

BRINC AGREEMENT COSTS
YEAR 1
Drones/Base Stations/Services $ 395,495.10
Sales Tax (7.75% on goods) $ 24,520.70
Insurance Costs $ 25,000.00
Total $ 445,015.80
YEAR 2
Drones/Base Stations/Services $ 395,495.10
Insurance Costs $ 25,000.00
Total $ 420,495.10
YEAR 3
Drones/Base Stations/Services $ 395,495.10
Sales Tax (7.75% on goods) $ 24,520.70
Insurance Costs $ 25,000.00
Total $ 445,015.80
YEAR 4
Drones/Base Stations/Services $ 395,495.10
Insurance Costs $ 25,000.00
Total $ 420,495.10
YEAR 5
Drones/Base Stations/Services $ 395,495.10
Sales Tax (7.75% on goods) $ 24,520.70
Insurance Costs $ 25,000.00
Total $ 445,015.80
5-Year Total $ 2,176,037.60
228
Services and Purchase Agreement with BRINC Drones, Inc. for the Police Department Drone Program
February 25, 2025

Page 5 ends

10-5

FISCAL IMPACT:

The Budget Amendment (Attachment B) appropriates $497,516 in increased expenditure appropriations from the General Fund unappropriated fund balance for the first year costs of the Police Department drone program. The total includes the BRINC agreement costs of $445,016, $50,000 for base station site preparation/construction and $2,500 in annual utilities and data line costs. Funding for subsequent fiscal years will be addressed in the annual budget preparation 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 ch ange 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 – Services and Purchase Agreement with BRINC Drones, Inc.

Attachment B – Budget Amendment No. 25-055
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Attachment B
Budget Amendment No. 25-055

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On the Agenda: February 25 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, February 25 at 4 p.m. The full agenda is available here.

Agenda items include:
• Consideration of a $2.1 million, 5 -year agreement with BRINC Drones Inc., of Seattle, for public safety drones.
• Confirmation of mayoral appointments to fill scheduled vacancies on the General Plan Update Steering Committee (GPUSC) and the General Plan Advisory Committee (GPAC). • Approval of an ordinance designating a portion of Corona del Mar as a safety enhancement zone and expanding the West Newport safety enhancement zone to include Memorial Day, Fourth of July and Labor Day weekends. Safety enhancement zones carry increased fi nes for municipal code violations such as loud and unruly gatherings.
• Consideration of a request by the Newport Beach Public Library Foundation to increase the size of the LED screen planned for the Witte Lecture Hall now under construction. • Appointment to fill an unscheduled vacancy on the City's Planning Commission.

VIEW THE FULL AGENDA >>

291
February 25, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 256 ends

held. Shouldn’t they?

Page 258 ends

removal by the Costa Mesa Sanitation District, supported an increased use of equestrians by the Police Department, and expressed concern for the use of drones in the same area as an airport.”

Page 259 ends

Page 260 ends

Page 267 ends

Received After Agenda Printed
February 25, 2025
Written Comments
292
February 25, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Couldn’t something like the more concise language in the next paragraph, imposing the same cap

the

City

Manager’s

authority

raise

the

base

salary,

have

been

used,

eliminating

the

need

for

example?
More importantly, despite the many words, it is unclear how this 3% paragraph 1 adjustment is intended

interact

with

the

increase

described

paragraph

3 on

page

9-6.

Would

the

increase

pursuant

paragraph

3 fulfill,

the

year

occurs,

the

paragraph

1 promise

increase?

addition?

Item 10. Services and Purchase Agreement with BRINC Drones, Inc. for

the

Police

Department

Drone

Program
This proposal is obviously extremely expensive compared to what, according to Item 4 of the present

agenda

(page

4-41)

was

the

$1,449

cost

the

NBPD’s

evaluation

drone.

Indeed, the price of the six new drones is not obvious from the five-year Agreement Costs schedule

page

10-4,

since

they

seem

delivered

the

beginning

year

but

paid

for

over

the

five

years

with

their

cost

folded

into

some

not

clearly-stated

annual

maintenance

cost.

Assuming the drones are designed to last more than five years, is the annual cost expected to drop

after

year

The

statement

the

end

the

Fiscal

Impact

paragraph

(page

10-5)

that

“
Funding

for

subsequent

fiscal

years

will

addressed

the

annual

budget

preparation

process
”

hardly

informative

that

point.

unreasonable

ask

what

expected

be?
Additionally, isn’t the implementation of this program supposed to be preceded by development of

drone

policy?

What

the

status

that

policy?

Item 11. Confirmation of Appointments to the General Plan Update Steering

Committee

and

the

General

Plan

Advisory

Committee
As a former GPAC member, but commenting as an individual, I continue to find this process of terminating

and

then

reappointing

the

GPUSC

and

GPAC

pointlessly

disruptive.

According to the timeline shown when the full GPAC last met on November 6, 2024, the City’s consultant team was expected to be completing its draft of its proposed new general plan in January,

with

GPAC

review

February

and

March,

which,

believe,

was

expected

complete

our

role.

Instead,

were

told

our

appointments

would

terminate

February

11 and

would

have

later

reappointed

finish

the

job

had

promised

do.

I understand a single new application was received in response to the vacancy announcement, and

four

dispirited

existing

members

showed

further

interest

serving.

In my view, this has done nothing but pointlessly delay the process by a month or more. Moreover, I now see that two of the former members who did express an interest in concluding their

job,

Charles

Klobe

and

Nancy

Scarbrough,

are

not

being

recommended

for

reappointment.

I cannot guess the reason they were singled out, and think an explanation should be provided. Charles chaired the subcommittee reviewing the Recreation and Natural Resources Elements, while

Nancy

chaired

the

subcommittee

reviewing

the

Safety

Element.

Both

were

fully

engaged,

293
February 25, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 came prepared to the meetings, had better attendance records than a number of the former members

that

are

being

recommended

for

reappointment,

and

ran

efficient

and

thoughtful

subcommittee

meetings.

Nancy, in particular, even ran for City Council in 2024 and 16,359 residents of our City expressed confidence in her judgment. While a greater number seem to have preferred a different

viewpoint,

the

Council

wants

diversity

outlooks,

the

GPAC

was

originally

intended

have,

well

maintaining

continuity

the

subcommittees,

think

one

both

these

former

members

should

continued,

addition

the

new

appointees.

Item 12. Ordinance No. 2025-3: Designating a Portion of Corona del Mar

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
This seems like a bit of an overreaction to me. I thought the current limited program of enhanced

enforcement

had

been

thought

have

worked,

and

the

problem

addressed

the

4th

July

West

Newport

have

gotten

better,

not

worse,

there

would

need

expand

areas

days.

How do the numbers of calls for service and arrests on the days cited in CdM compare to the numbers

the

same

area

other

peak

days

the

year?

And

under

this

relaxed

standard,

wouldn’t

much

larger

portion

the

Peninsula

qualify

equally

problematic

area?

Don’t

they

attract

holiday

beachgoers

and

vacationers

well?
Whatever the need, the “legal” description of the new “Corona del Mar Safety Enhancement Zone”

proposed

page

12-9

(unlike

that

for

the

existing

“West

Newport

Safety

Enhancement

Zone”)

does

not

seem

complete:

“ the area bounded by the Pacific Ocean on the south, San Joaquin Hills Road on the north,

MacArthur

Blvd.

the

west

and

Hazel

Drive

the

east
,

…”

How does one draw the line from MacArthur Blvd. to the Pacific Ocean? Or from Hazel Drive to San

Joaquin

Hills

Road?

The

roads

not

through.

Apparently

person

wanting

know

they

are

the

CdM

Enhancement

Zone,

not,

would

need

know

the

boundaries

“
Newport

Beach

Police

Department

Reporting

District

44 of

Area

4 .”

But

where

does

one

find

map

that?

Does

map

need

included

the

hours.

the

good

residents

and

business

owners

these

areas

really

want

face

the

threat

fines

for

code

violations

unrelated

partying

arbitrarily

triplied

certain

days

the

year

mitigate

problem

they

may

not

even

feel

needs

addressing?

And

they

really

want

their

guests

and

patrons

see

signs

warning

them

they

are

entering

problem

area?

294

11-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 11
ABSTRACT:

There are three scheduled vacancies on the General Plan Update Steering Committee and up to 30 scheduled vacancies on the General Plan Advisory Committee. As directed by Resolution No s. 2025-2 and 2025 -3, Mayor Joe Stapleton has reviewed the applications received and recommends three appointments to fill all vacant seats on the General Plan Update Steering Committee and 24 appointments to fill a portion of the vacant seats on the General Plan Advisory Committee.

b) Confirm the Mayor’s appointments to fill scheduled vacancies on the General Plan Update Steering Committee and the General Plan Advisory Committee.

DISCUSSION:

Pursuant to the rules and procedures set forth by Resolution Nos. 2025-2 and 2025-3 for the General Plan Update Steering Committee (GPUSC) and General Plan Advisory Committee (GPAC), all members’ terms expire on the date of the first regular City Council meeting in February, annually. Accordingly, there were three scheduled vacancies on the GPUSC and between 20 to 30 scheduled vacancies on the GPAC. Members wishing to continue their service on the GPUSC or GPAC must apply to seek reappointment.

To begin accepting applications as soon as possible, the City Clerk prepared and posted an early Notice of Vacancies on Tuesday, January 21, 2025, in the City Clerk’s Office, on the bulletin board in the City Council Chambers, and on the City’s website, and published it in the Daily Pilot on Saturday, January 25, 2025. As provided in the notice, applications were accepted by the City Clerk’s Office until noon on Tuesday, February 18, 2025. At the conclusion of the application period, four applications were received for the GPUSC, and 34 applications were received for the GPAC. All applica nts were forwarded to the Mayor for review.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253, [email protected]
TITLE: Confirmation of Appointments to the General Plan Update Steering Committee and the General Plan Advisory Committee
295
Confirmation of Appointments to the General Plan Update Steering Committee and the General Plan Advisory Committee
February 25, 2025

Page 2 ends

11-2

As authorized by Resolution Nos. 2025-2 and 2025-3, Mayor Stapleton has the discretion to determine the appointment process for the GPUSC and the GPAC. After consideration of the applications, Mayor Stapleton recommends th e appointments reflected on the roster in Attachment A.

Copies of the applications for the recommended members are attached hereto as Attachment B.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

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 – Recommended GPUSC/GPAC Member Roster
Attachment B – Applications
296

Attachment A
Recommended GPUSC/GPAC Member Roster
11-3
297
Attachment A – GPUSC/GPAC Roster of Members
February 25, 2025 City Council Meeting

Committee First Name Last Name Type Term Expires*
GPUSC Phillip Brown Reappointment February 2026
GPUSC Kimberly Carter Reappointment February 2026
GPUSC Nancy Gardner Reappointment February 2026
GPAC Nicholas Acevedo Reappointment February 2026
GPAC Virginia Anders-Ellmore Reappointment February 2026 GPAC Dennis Baker Reappointment February 2026
GPAC Curtis Black Reappointment February 2026
GPAC James Carlson Reappointment February 2026
GPAC Annalisa (Annie) Clougherty Reappointment February 2026 GPAC Susan DeSantis Reappointment February 2026
GPAC Jeremy Evans Reappointment February 2026
GPAC Arlene Greer Reappointment February 2026
GPAC David Guder Reappointment February 2026
GPAC Lynn Hackman Reappointment February 2026
GPAC Laird Hayes Reappointment February 2026
GPAC Ruth Kobayashi Reappointment February 2026
GPAC Scott Laidlaw Reappointment February 2026
GPAC Katie Love Reappointment February 2026
GPAC Anthony Maniscalchi Reappointment February 2026
GPAC Thomas Meng Reappointment February 2026
GPAC Jim Mosher Reappointment February 2026
GPAC Amber Snider Reappointment February 2026
GPAC Debbie Stevens Reappointment February 2026
GPAC Christine Walker Reappointment February 2026
GPAC Paul Watkins Reappointment February 2026
GPAC Charles (Chuck) Ebner New February 2026
GPAC Rita Goldberg New February 2026
*unless City Council dissolves the Committees, or the General Plan Update is completed before this date. 11-4
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Attachment B
Applications
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On the Agenda: February 25 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, February 25 at 4 p.m. The full agenda is available here.

VIEW THE FULL AGENDA >>

398
February 25, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 256 ends

held. Shouldn’t they?

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removal by the Costa Mesa Sanitation District, supported an increased use of equestrians by the Police Department, and expressed concern for the use of drones in the same area as an airport.”

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Received After Agenda Printed
February 25, 2025
Written Comments
399
February 25, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Couldn’t something like the more concise language in the next paragraph, imposing the same cap

the

City

Manager’s

authority

raise

the

base

salary,

have

been

used,

eliminating

the

need

for

example?
More importantly, despite the many words, it is unclear how this 3% paragraph 1 adjustment is intended

interact

with

the

increase

described

paragraph

3 on

page

9-6.

Would

the

increase

pursuant

paragraph

3 fulfill,

the

year

occurs,

the

paragraph

1 promise

increase?

addition?

Item 10. Services and Purchase Agreement with BRINC Drones, Inc. for

the

Police

Department

Drone

Program
This proposal is obviously extremely expensive compared to what, according to Item 4 of the present

agenda

(page

4-41)

was

the

$1,449

cost

the

NBPD’s

evaluation

drone.

Indeed, the price of the six new drones is not obvious from the five-year Agreement Costs schedule

page

10-4,

since

they

seem

delivered

the

beginning

year

but

paid

for

over

the

five

years

with

their

cost

folded

into

some

not

clearly-stated

annual

maintenance

cost.

Assuming the drones are designed to last more than five years, is the annual cost expected to drop

after

year

The

statement

the

end

the

Fiscal

Impact

paragraph

(page

10-5)

that

“
Funding

for

subsequent

fiscal

years

will

addressed

the

annual

budget

preparation

process
”

hardly

informative

that

point.

unreasonable

ask

what

expected

be?
Additionally, isn’t the implementation of this program supposed to be preceded by development of

drone

policy?

What

the

status

that

policy?

Item 11. Confirmation of Appointments to the General Plan Update Steering

Committee

and

the

General

Plan

Advisory

Committee
As a former GPAC member, but commenting as an individual, I continue to find this process of terminating

and

then

reappointing

the

GPUSC

and

GPAC

pointlessly

disruptive.

According to the timeline shown when the full GPAC last met on November 6, 2024, the City’s consultant team was expected to be completing its draft of its proposed new general plan in January,

with

GPAC

review

February

and

March,

which,

believe,

was

expected

complete

our

role.

Instead,

were

told

our

appointments

would

terminate

February

11 and

would

have

later

reappointed

finish

the

job

had

promised

do.

I understand a single new application was received in response to the vacancy announcement, and

four

dispirited

existing

members

showed

further

interest

serving.

In my view, this has done nothing but pointlessly delay the process by a month or more. Moreover, I now see that two of the former members who did express an interest in concluding their

job,

Charles

Klobe

and

Nancy

Scarbrough,

are

not

being

recommended

for

reappointment.

I cannot guess the reason they were singled out, and think an explanation should be provided. Charles chaired the subcommittee reviewing the Recreation and Natural Resources Elements, while

Nancy

chaired

the

subcommittee

reviewing

the

Safety

Element.

Both

were

fully

engaged,

400
February 25, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 came prepared to the meetings, had better attendance records than a number of the former members

that

are

being

recommended

for

reappointment,

and

ran

efficient

and

thoughtful

subcommittee

meetings.

Nancy, in particular, even ran for City Council in 2024 and 16,359 residents of our City expressed confidence in her judgment. While a greater number seem to have preferred a different

viewpoint,

the

Council

wants

diversity

outlooks,

the

GPAC

was

originally

intended

have,

well

maintaining

continuity

the

subcommittees,

think

one

both

these

former

members

should

continued,

addition

the

new

appointees.

Item 12. Ordinance No. 2025-3: Designating a Portion of Corona del Mar

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
This seems like a bit of an overreaction to me. I thought the current limited program of enhanced

enforcement

had

been

thought

have

worked,

and

the

problem

addressed

the

4th

July

West

Newport

have

gotten

better,

not

worse,

there

would

need

expand

areas

days.

How do the numbers of calls for service and arrests on the days cited in CdM compare to the numbers

the

same

area

other

peak

days

the

year?

And

under

this

relaxed

standard,

wouldn’t

much

larger

portion

the

Peninsula

qualify

equally

problematic

area?

Don’t

they

attract

holiday

beachgoers

and

vacationers

well?
Whatever the need, the “legal” description of the new “Corona del Mar Safety Enhancement Zone”

proposed

page

12-9

(unlike

that

for

the

existing

“West

Newport

Safety

Enhancement

Zone”)

does

not

seem

complete:

“ the area bounded by the Pacific Ocean on the south, San Joaquin Hills Road on the north,

MacArthur

Blvd.

the

west

and

Hazel

Drive

the

east
,

…”

How does one draw the line from MacArthur Blvd. to the Pacific Ocean? Or from Hazel Drive to San

Joaquin

Hills

Road?

The

roads

not

through.

Apparently

person

wanting

know

they

are

the

CdM

Enhancement

Zone,

not,

would

need

know

the

boundaries

“
Newport

Beach

Police

Department

Reporting

District

44 of

Area

4 .”

But

where

does

one

find

map

that?

Does

map

need

included

the

hours.

the

good

residents

and

business

owners

these

areas

really

want

face

the

threat

fines

for

code

violations

unrelated

partying

arbitrarily

triplied

certain

days

the

year

mitigate

problem

they

may

not

even

feel

needs

addressing?

And

they

really

want

their

guests

and

patrons

see

signs

warning

them

they

are

entering

problem

area?

401
Police Department

CITY OF NEWPORT BEACH
870 Santa Barbara Drive
Newport Beach, California 92660
949-644-3681 | 949-644-3794 FAX
nbpd.org

MEMORANDUM

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: Dave Miner, Chief of Police

DATE: February 25, 2025

SUBJECT: Agenda Item No. 12 - Ordinance No. 2025-3: Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays

The boundaries for the proposed Safety Enhancement Zone have been clarified in the revised ordinance to generally mirror Reporting District 44 (RD 44). The staff report correctly lists statistics for RD 44. A redline version of the ordinance is attached to this memorandum.

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403
404
405
406
407
408
409
410
411
412

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 12

ABSTRACT:

For the City Council’s consideration is the introduction of an ordinance designating a portion of Corona del Mar as a Safety Enhancement Zone during the Memorial Day, Fourth of July, and Labor Day holidays. The ordinance also proposes expanding the West Newport Safety Enhancement Zone to include Memorial Day and Labor Day.

The Newport Beach Municipal Code grants the City Council the authority to designate areas of the city as Safety Enhancement Zones. These zones are established to enhance public order and safety during periods of high activity, such as holidays or special events.

Within these zones, the City of Newport Beach implements stricter fines to address issues such as large gatherings, noise disturbances, and unruly behavior. Infractions and citations of the Newport Beach Municipal Code within a Safety Enhancement Zone are subject to triple the standard fines.

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) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-3, An Ordinance of the City Council of the City of Newport Beach, California, Designating a Portion of Corona del Mar as a Safety Enhancement Zone During the Memorial Day, Fourth of July Independence Day, and Labor Day Holidays and Expanding the West Newport Safety Enhancement Zone to Include Memorial Day and Labor Day Holidays by Amending Section 1.04.060 (Safety Enhancement Zone), Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property), and Section 10.66.060 (Violation-Penalty-Civil Fine) of the Newport Beach Municipal Code, and pass to second reading on March 11, 2025.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY: Eric Little, Lieutenant - 949-644-3660, [email protected] TITLE: Ordinance No. 2025-3: Designating a Portion of Corona del Mar as a Safety Enhancement Zone and E xpanding West Newport Safety Enhancement Zone to Include Memorial Day , Fourth of July, and Labor Day Holidays
413
Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays
February 25, 2025

Page 2 ends

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DISCUSSION:

Newport Beach Municipal Code Section 1.04.060 allows certain areas of the city to be designated as Safety Enhancement Zones to further deter municipal code violations during specific times of the year. Within these zones, fines for infractions and civil fines are tripled.

For example, a first -time infraction that typically carries a $100 fine would increase to $300 in a Safety Enhancement Zon e. Civil fines triple from $500 for the first violation to $1,500 in Safety Enhancement Zone; and $1,000 for the second violation increases to $3,000 in the Safety Enhancement Zone.

Existing Safety Enhancement Zone
In 2003, the City Council adopted Ordinance No. 2003-5, designating the West Newport area a Safety Enhancement Zone on the Fourth of July. This designation has proven to be an effective tool in maintaining the safety and security of both residents and visitors.

On December 10, 2024, pursuant to Council Policy A-1 and at the request of Mayor Pro Tem Lauren Kleiman, the City Council considered whether to direct City staff to return to the Council with a recommendation regarding designating a portion of Corona del Mar as a Safety Enhancement Zone for the Fourth of July and other times as deemed appropriate. The Council voted, via a straw poll, in favor of staff returning with a recommendation.

The City receives a large influx of visitors to Corona de Mar on major holiday weekends, including Memorial Day, Fourth of July , and Labor Day. These crowds, along with large parties and gatherings, often require officers to make frequent return visits to the same locations, straining resources and creating a significant safety hazard for both o fficers and the public.

These conditions create an immediate risk of major disturbances that could result in serious injury or death to members of the public and law enforcement personnel. The table below highlights the calls for service in Corona del Mar, arrests made, and citations issued over the holidays.

Corona del Mar (RD44) Calls for Service Arrests Citations Memorial Day 2023/2024 98 5 12
Fourth of July 2023/2024 79 3 18
Labor Day 2023/2024 122 9 23

Additionally, in 2024 there were 297 Code Enforcement violations related to short -term lodging permits in Corona del Mar.
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Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays
February 25, 2025

Page 3 ends

12-3
Proposed Boundaries – Corona del Mar Safety Enhancement Zone The proposed Safety Enhancement Zone in Corona del Mar includes the area bounded by the Pacific Ocean to the south, San Joaquin Hills Road to the north, MacArthur Boulevard to the west, and Hazel Drive to the east. This area corresponds to Newport Beach Police Department Reporting District 44 of Area 4. The designatio n includes Pirate’s Cove, Corona del Mar State Beach, and Little Corona.

Expanding West Newport Safety Enhancement Zone
Staff believes that expanding the West Newport Safety Enhancement Zone to include Memorial Day and Labor Day holidays is appropriate giv en the number of arrests and citations issued during these periods. The expansion will enhance the quality of life for residents and improve the experience of visitors to the city.

The attached ordinance extends the Safety Enhancement Zone in West Newport to cover Memorial Day and Labor Day in addition to the Fourth of July.

The table below highlights the recent calls for service, arrests made, and citations issued over these holidays in West Newport , providing for justification for extending the Safety Enhancement Zone to include Memorial Day and Labor Day.

West Newport Calls for Service Arrests Citations
Memorial Day 2023/2024 423 41 14
Fourth of July 2023/2024 646 48 228
Labor Day 2023/2024 440 27 41
Communication to Residents
The City will notify residents within the Safety Enhancement Zone s before the three holidays. L etters outlining the designation, associated fines, penalties , and affected provisions will be sent, on or before April 15 , June 15, and August 15 to each address and each owner of p roperty (ownership determined based on the most recent property tax information available to the City) within the Corona del Mar and West Newport Safety Enhancement Zones.

FISCAL IMPACT:

The cost of providing notices to residents three times per year in two locations of the City will increase from $5,611 to approximately $36,000 per year. This cost will be expensed to the City Manager’s Office budget account number: 01020201 -811008. Costs for Memorial Day noticing will be absorbed in the current budget and the full cost for the three holidays will be included future budgets.
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Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays
February 25, 2025

Page 4 ends

12-4

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 – Ordinance No. 2025-3
Attachment B – Redline of NBMC Chapter 1.04.060
416

ATTACHMENT A
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Chapter 1.04 (Code Enforcement)

1.04.060 Safety Enhancement Zone.

A. DesignaƟon Process. The City Council may by ordinance, or by resoluƟon upon a ﬁnding that there is a need to take immediate acƟon to protect the public health, safety and welfare, designate a speciﬁc geographical area as a “Safety Enhancement Zone” and specify the date and/or Ɵme that the designaƟon is eﬀecƟve upon a ﬁnding that the geographical area is subject to unique condiƟons and circumstances during a speciﬁc period of Ɵme that create the potenƟal for a signiﬁcant threat to public health and safety and that the threat would be reduced by enhanced penalƟes for violaƟons of provisions of this Code and increased responsibiliƟes on the part of residents and occupants in the area. The ordinance or resoluƟon establishing a Safety Enhancement Zone shall contain the following provisions: (1) a descripƟon of the geographical area comprising the Safety Enhancement Zone; (2) the date and Ɵme during which the Safety Enhancement Zone designaƟon is applicable to the geographical area; (3) the factual basis for the designaƟon; (4) the manner in which general noƟce of the Safety Enhancement Zone and the penalƟes for violaƟons shall be given; and (5) the manner in which speciﬁc noƟce of addiƟonal duƟes, responsibiliƟes and/or restricƟons shall be given to owners or occupants of property aﬀected by the Safety Enhancement Zone designaƟon.

B. West Newport Safety Enhancement Zone. The City Council designates as a Safety Enhancement Zone the area bounded by the Paciﬁc Ocean on the south, 32nd Street and Newport Boulevard on the east, Paciﬁc Coast Highway on the north and 54th Street on the west. This designaƟon is eﬀecƟve from (i) 12:01 a.m. on the last Saturday in May unƟl 11:59 p.m. on the last Monday in May (“Memorial Day”) during each year that the designaƟon is in eﬀect; (ii) 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designaƟon is in eﬀect ; and (iii) from 12:01 a.m. on the Saturday before the ﬁrst Monday in September unƟl 11:59 p.m. on the ﬁrst Monday in September (“Labor Day”) during each year that the designaƟon is in eﬀect. The factual basis for this designaƟon is found in SecƟon 1 of Ordinance 2025-___ and Ordinance 2003-5. NoƟce of the Safety Enhancement Zone designaƟon shall be posted on or before 6:00 p.m. on the Friday before Memorial and Labor Day, and on July 3rd and at no less than three locaƟons along Paciﬁc Coast Highway, four locaƟons along Newport Boulevard/32nd Street, four locaƟons along Oceanfront Walk/Seashore Drive and two locaƟons along 54th Street. In addiƟon, leƩers advising of the Safety Enhancement Zone designaƟon and the ﬁnes, penalƟes and provisions aﬀected by the designaƟon shall be sent, on or before April 15th, June 15th, and August 15th, to each address and each owner of property (ownership determined on the basis of the most recent property tax informaƟon available to the City) within the Safety Enhancement Zone.

C. Corona del Mar Safety Enhancement Zone. The City Council designates as a Safety Enhancement Zone the area bounded by the Paciﬁc Ocean on the south, San Joaquin Hills Road on the north, MacArthur Blvd. on the west and Hazel Drive on the east, which is designated as Newport Beach Police Department ReporƟng District 44 of Area 4, as well as Pirate’s Cove, Corona del Mar State Beach, and LiƩle Corona Beach (including the immediately adjacent parking lots and roads, stairs and paths that provide ingress/egress thereto). This designaƟon is eﬀecƟve from (i) from 12:01 a.m. on the last Saturday in May unƟl 11:59 p.m. on the last Monday in May (“Memorial Day”) during each year that the designaƟon is in eﬀect; (ii) 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designaƟon is in eﬀect; and (iii) from 12:01 a.m. on the Saturday before the ﬁrst Monday in September unƟl 11:59 p.m. on the Attachment B
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426
ﬁrst Monday in September (“Labor Day”) during each year that the designaƟon is in eﬀect. The factual basis for this designaƟon is found in Ordinance 2025-____. NoƟce of the Safety Enhancement Zone designaƟon shall be posted on or before 6:00 p.m. on the Friday before Memorial and Labor Day, and on July 3rd at no less than three locaƟons along Paciﬁc Coast Highway, and at least one locaƟon on San Joaquin Hills Road, MacArthur Blvd., Hazel Drive, Pirates Cove, Corona del Mar State Beach and LiƩle Corona. In addiƟon, leƩers advising of the Safety Enhancement Zone designaƟon and the ﬁnes, penalƟes and provisions aﬀected by the designaƟon shall be sent, on or before April 15th, June 15th, and August 15th to each address and each owner of property (ownership determined on the basis of the most recent property tax informaƟon available to the City) within the Corona del Mar Safety Enhancement Zone.

Attachment B
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Chapter 10.58 (Police Services at Large ParƟes, Gatherings or Events on Private Property)

10.58.010 Findings and Purpose.

The City Council ﬁnds and declares that:

A. The control of large parƟes, gatherings or events on private property is necessary when such conƟnued acƟvity is determined to be a threat to the peace, health, safety or general welfare of the public and the immediate control of large parƟes, and the cessaƟon of unruly or illegal behavior is essenƟal to prevenƟng a major disturbance on Memorial and Labor Day, the weekend before Memorial and Labor Day, and during the July 4th Independence Day holiday in the West Newport Safety Enhancement Zone Zones; B. The City of Newport Beach is a tourist desƟnaƟon with numerous beach rentals; C. This inﬂux of tourists results in many large parƟes, gatherings or events; D. Frequently, Police Oﬃcers have been required to make mulƟple return calls on the same date to the locaƟon of a party, gathering or event in order to disperse uncooperaƟve parƟcipants; E. Frequently, Police Oﬃcers have been required to make mulƟple calls to the same locaƟon on diﬀerent dates in response to repeated, large parƟes and gatherings; F. The return of Police Oﬃcers to a locaƟon consƟtutes a drain of manpower and resources oŌen leaving other areas of the City without police protecƟon and, in the case of West Newport the Safety Enhancement ZoneZones on Memorial and Labor Day, the weekends before Memorial and Labor Day, and the July 4th Independence Day holiday, the return of Police Oﬃcers may be diﬃcult if not impossible due to the large crowds and the heavy workload of law enforcement personnel; and G. The above condiƟons create a signiﬁcant hazard to the safety of the Police Oﬃcers and to peace, health, and safety of the public in general and, in the case of the West Newport Safety Enhancement ZoneZones, these condiƟons create an immediate potenƟal for a major disturbance that could result in serious injury or death to members of the public and/or law enforcement personnel.

10.58.020 DeﬁniƟons.

For the purposes of this chapter, the following deﬁniƟons shall apply:
“Large party, gathering or event” means a group of persons who have assembled or are assembling for a social occasion or for a social acƟvity.
“Person responsible for the event” means the owner of the property where the large party, gathering or event takes place, the person(s) in charge of the premises and/or the person(s) who organized the event.

If the person responsible for the event is a minor, then the parents or guardians of that minor will be jointly and severally liable for the ﬁnes imposed for the special security assignment. “Safety Enhancement Zone” or “Safety Enhancement Zones” means each Safety Enhancement Zone established pursuant to SecƟon 1.04.060.
“Special security assignment” means the assignment of Police Oﬃcers in response to a return or subsequent calls aŌer the distribuƟon of a wriƩen warning that a large party, gathering or event violates the law.

Attachment B
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428

10.58.030(C) Police Services at Large ParƟes, Gatherings or Events Requiring Second or Subsequent Responses.

C. In the case of a large party, gathering or event on private property in the West Newport a Safety Enhancement Zone during the period that the designaƟon is in eﬀect, the person or persons responsible for the party, event or gathering, the occupant or occupants of the property and the owner or owners of the property are, jointly and severably, responsible for immediately complying with a request from any law enforcement oﬃcer to terminate all unruly or illegal behavior on the property and shall be responsible, in addiƟon to other ﬁnes and penalƟes provided by this chapter, for the payment of a ﬁne in the amount of three hundred dollars ($300.00) for each full ten (10) minute segment that unruly or illegal conduct conƟnues past the Ɵme that the law enforcement oﬃcer requests terminaƟon.

The iniƟal call, or any subsequent call, may also result in the arrest and/or citaƟon of violators of the California Penal Code or other local regulaƟons.

Attachment B
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429
Chapter 10.66 (Loud and Unruly Gatherings)

10.66.060(B) ViolaƟon-Penalty-Civil Fine.

B. The following civil ﬁnes shall be assessed for violaƟons of SecƟon 10.66.020(A) that occur within the West Newporta Safety Enhancement Zone, as established by SecƟon 1.04.060:

1. A civil ﬁne not exceeding one thousand ﬁve hundred dollars ($1,500.00) for a ﬁrst violaƟon;

2. A civil ﬁne not exceeding three thousand dollars ($3,000.00) for a second and any subsequent violaƟons within ninety (90) days of the ﬁrst violaƟon.

Attachment B
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430

On the Agenda: February 25 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, February 25 at 4 p.m. The full agenda is available here.

VIEW THE FULL AGENDA >>

431
From: Denys Oberman
To: Joe Stapleton; Lauren Kleiman, Newport Beach Mayor Pro Tem; city Cc: City Clerk"s Office; [email protected]; Maureen Cotton; [email protected] Subject: Comments re. Sec. X of City Council Agenda Feb 25, 2025 Session Date: February 24, 2025 3:42:12 PM
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PLEASE DISTRIBUTE TO THE COUNCIL MEMBERS AND THE PUBLIC, AND ENTER INTO THE PUBLIC RECORD.

Honorable Mayot and Members of the City Council-

We greatly appreciate the policy direction of the City Council to preserve public safety and neighborhood integrity, in particular during periods of Holidays and high concentration of disturbance to visitors and residents.

Our comments address Council Agenda Item X. Current Business, Item 12, proposing to expand the zones designated as, Safety Enhancement Zones, the applicable schedule, and provisions for Code Enforement.

We commend the Council for adding Zones in Corona del Mar.

We request that the Council expand the Balboa Penninsula Zone designated subject to Safety Enhancement control, to include West 8th to West 18th street, with similar Ocean and Newport Blvd boundaries. This area , while largely stable family residential, has experienced some transition and has been subjected to increased levels of similar disturbancesto that further up the Penninsula in the traditional “war zone” ,coming from ( permitted and unpermitted) change in ownership and occupancy.

We request that this expanded Area be incorporated into that designated as, Safety Zone, so that our community members can be afforded and assured the same protections as those in the other designated areas.

Thank you for your consideration and service.

Denys H. Oberman
Owner /resident and community stakeholder

CC: David Sherbeck, Stacy Ball, Bobby Lovell, Fred Levine and Central Penninsula neighbors

Regards,
Received After Agenda Printed
February 25, 2025
Agenda Item No. 12
432
Denys H. Oberman, CEO
OBERMAN Strategy and Financial Advisors
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Irvine, CA 92612
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433
February 25, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

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held. Shouldn’t they?

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removal by the Costa Mesa Sanitation District, supported an increased use of equestrians by the Police Department, and expressed concern for the use of drones in the same area as an airport.”

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Received After Agenda Printed
February 25, 2025
Written Comments
434
February 25, 2025, City Council agenda comments - Jim Mosher Page 2 of 3 Couldn’t something like the more concise language in the next paragraph, imposing the same cap

the

City

Manager’s

authority

raise

the

base

salary,

have

been

used,

eliminating

the

need

for

example?
More importantly, despite the many words, it is unclear how this 3% paragraph 1 adjustment is intended

interact

with

the

increase

described

paragraph

3 on

page

9-6.

Would

the

increase

pursuant

paragraph

3 fulfill,

the

year

occurs,

the

paragraph

1 promise

increase?

addition?

Item 10. Services and Purchase Agreement with BRINC Drones, Inc. for

the

Police

Department

Drone

Program
This proposal is obviously extremely expensive compared to what, according to Item 4 of the present

agenda

(page

4-41)

was

the

$1,449

cost

the

NBPD’s

evaluation

drone.

Indeed, the price of the six new drones is not obvious from the five-year Agreement Costs schedule

page

10-4,

since

they

seem

delivered

the

beginning

year

but

paid

for

over

the

five

years

with

their

cost

folded

into

some

not

clearly-stated

annual

maintenance

cost.

Assuming the drones are designed to last more than five years, is the annual cost expected to drop

after

year

The

statement

the

end

the

Fiscal

Impact

paragraph

(page

10-5)

that

“
Funding

for

subsequent

fiscal

years

will

addressed

the

annual

budget

preparation

process
”

hardly

informative

that

point.

unreasonable

ask

what

expected

be?
Additionally, isn’t the implementation of this program supposed to be preceded by development of

drone

policy?

What

the

status

that

policy?

Item 11. Confirmation of Appointments to the General Plan Update Steering

Committee

and

the

General

Plan

Advisory

Committee
As a former GPAC member, but commenting as an individual, I continue to find this process of terminating

and

then

reappointing

the

GPUSC

and

GPAC

pointlessly

disruptive.

According to the timeline shown when the full GPAC last met on November 6, 2024, the City’s consultant team was expected to be completing its draft of its proposed new general plan in January,

with

GPAC

review

February

and

March,

which,

believe,

was

expected

complete

our

role.

Instead,

were

told

our

appointments

would

terminate

February

11 and

would

have

later

reappointed

finish

the

job

had

promised

do.

I understand a single new application was received in response to the vacancy announcement, and

four

dispirited

existing

members

showed

further

interest

serving.

In my view, this has done nothing but pointlessly delay the process by a month or more. Moreover, I now see that two of the former members who did express an interest in concluding their

job,

Charles

Klobe

and

Nancy

Scarbrough,

are

not

being

recommended

for

reappointment.

I cannot guess the reason they were singled out, and think an explanation should be provided. Charles chaired the subcommittee reviewing the Recreation and Natural Resources Elements, while

Nancy

chaired

the

subcommittee

reviewing

the

Safety

Element.

Both

were

fully

engaged,

435
February 25, 2025, City Council agenda comments - Jim Mosher Page 3 of 3 came prepared to the meetings, had better attendance records than a number of the former members

that

are

being

recommended

for

reappointment,

and

ran

efficient

and

thoughtful

subcommittee

meetings.

Nancy, in particular, even ran for City Council in 2024 and 16,359 residents of our City expressed confidence in her judgment. While a greater number seem to have preferred a different

viewpoint,

the

Council

wants

diversity

outlooks,

the

GPAC

was

originally

intended

have,

well

maintaining

continuity

the

subcommittees,

think

one

both

these

former

members

should

continued,

addition

the

new

appointees.

Item 12. Ordinance No. 2025-3: Designating a Portion of Corona del Mar

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
This seems like a bit of an overreaction to me. I thought the current limited program of enhanced

enforcement

had

been

thought

have

worked,

and

the

problem

addressed

the

4th

July

West

Newport

have

gotten

better,

not

worse,

there

would

need

expand

areas

days.

How do the numbers of calls for service and arrests on the days cited in CdM compare to the numbers

the

same

area

other

peak

days

the

year?

And

under

this

relaxed

standard,

wouldn’t

much

larger

portion

the

Peninsula

qualify

equally

problematic

area?

Don’t

they

attract

holiday

beachgoers

and

vacationers

well?
Whatever the need, the “legal” description of the new “Corona del Mar Safety Enhancement Zone”

proposed

page

12-9

(unlike

that

for

the

existing

“West

Newport

Safety

Enhancement

Zone”)

does

not

seem

complete:

“ the area bounded by the Pacific Ocean on the south, San Joaquin Hills Road on the north,

MacArthur

Blvd.

the

west

and

Hazel

Drive

the

east
,

…”

How does one draw the line from MacArthur Blvd. to the Pacific Ocean? Or from Hazel Drive to San

Joaquin

Hills

Road?

The

roads

not

through.

Apparently

person

wanting

know

they

are

the

CdM

Enhancement

Zone,

not,

would

need

know

the

boundaries

“
Newport

Beach

Police

Department

Reporting

District

44 of

Area

4 .”

But

where

does

one

find

map

that?

Does

map

need

included

the

hours.

the

good

residents

and

business

owners

these

areas

really

want

face

the

threat

fines

for

code

violations

unrelated

partying

arbitrarily

triplied

certain

days

the

year

mitigate

problem

they

may

not

even

feel

needs

addressing?

And

they

really

want

their

guests

and

patrons

see

signs

warning

them

they

are

entering

problem

area?

436

13-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 13
ABSTRACT:

At its January 9, 2024 meeting, the City Council awarded a contract for the construction of Witte Hall. The approved contract pricing included installing a 9-foot by 16 -foot LED video screen wall in the lecture hall. At the same meeting, the Council approved the third amendment to the Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Public Library Foundation (NBPLF) for the lecture hall building.

The NBPLF recently approached staff with a request to install a larger LED screen wall in the lecture hall and for the City to pay an equal share of the increased cost. The MOU between the City and the NBPLF stipulates that the party requesting a change order must provide the funding needed to cover the additional cost. Therefore, s taff is seeking City Council direction on the NBPLF’s request to increase the LED video screen wall size and for the City to share in the cost.

RECOMMENDATIONS:
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 – Existing Facilities) and 15303 (Class 3 – New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Chapter 3 and CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and

b) Consider the Newport Beach Public Library Foundation’s request to increase the Witte Hall LED screen wall size and approve one of the following options:
 Option 1 – Deny participating in the cost and continue with the installation of the 9-foot by 16-foot (144 square feet (SF)) LED screen wall per the approved contact documents with no additional cost; or
 Option 2 – Approve the Newport Beach Library Foundation’s request to increase the screen wall size and install a n 11-foot by 19-foot (209 SF) LED screen wall with an all-in estimated change order cost of approximately $130,000, with the total increased cost split evenly between the Newport Beach Public Library Foundation and the City; or
 Option 3 – Provide other direction with regard to the Newport Beach Public Library Foundation’s request to increase size of the Lecture Hall LED screen wall size.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Jim Houlihan, Public Works Deputy Director - 949-644-3319, [email protected]
TITLE: Witte Lecture Hall – Increase LED Screen Wall Size 437
Witte Lecture Hall – Increase LED Screen Wall Size
February 25, 2025

Page 2 ends

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DISCUSSION:

Recently, the NBPLF contacted City staff with the request to increase the lecture hall’s LED video screen wall size. The NBPLF believes the current screen size will not be adequate to meet its needs.

The City’s project design team and Recreation and Senior Services department staff have studied different screen size options and believe that the 9-foot by 16 -foot LED screen wall called for in the approved contact documents will meet the City ’s needs for the planned use of the facility . However, the next step up in size could provide enhanced video/cinema viewing experiences. Staff recommends that if the City Council choses to increase the screen size, it should not exceed 209 SF as a larger screen will affect sight lines and front row seating.

On February 10, 2025 , the NBPLF approved providing half the necessary funding to increase the screen size , up to $70,000. A letter from Jerold Kappel, CEO of the NBPL(Attachment A) requests an increase to the size of the screen to 11-foot by 19-foot.

Staff reviewed the MOU between the City and the NBPLF and determined that the request for the City to share in the increased cost is not consistent with the approved agreement.

Per Section 1.5 - Change Orders, “the Party requesting the Change Order shall notify the non-requesting Party of such desired change and shall provide all additional funds necessary to implement the Change Order over and above the requesting party’s financial commitment set forth in Sections 2.1 and 3.1 respectively, within seven (7) calendar days.”
FISCAL IMPACT:

The Witte Lecture Hall construction project has used 0.8% of its approved 10% contingency allowance to date . Although the project is currently tracking several change orders, many of the potentially high-exposure, unknown components have been completed. The approved project contingency is sufficient to cover the proposed screen size increase should the City wish to participate in this requested change.

ENVIRONMENTAL REVIEW:

On January 9, 2024, Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1 – Existing Facilities) and 15303 (Class 3 – New Construction or Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6, Cha pter 3 and CEQA Guidelines, because this project has no potential to have a significant effect on the environment 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 – Letter from Jerold Kappel, NBPLF CEO
438

ATTACHMENT A
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On the Agenda: February 25 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, February 25 at 4 p.m. The full agenda is available here.

VIEW THE FULL AGENDA >>

440

14-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

February 25, 2025
Agenda Item No. 14
ABSTRACT:

Due to Planning Commissioner Brad Barto resigning from his position on the Planning Commission, the City Council has the opportunity to fill the vacant position pursuant to the City Charter, City Council Policy A -2 ( Boards, Commissions and Committees), and the Maddy Act.

DISCUSSION:

On January 9, 2025, Brad Barto resigned from his position on the Planning Commission.

Pursuant to City Council Policy A -2 and the Maddy Act, the City Cle rk prepared and posted a Notice of Vacanc y on Monday, January 13, 2025, in the City Clerk’s Office, at the Central Library, on the bulletin board in the City Council Chambers, and on the City’s webpage. In addition, the Notice of Vacancy was published in the Daily Pilot on Saturday, January 18, 2025. As per the notice, applications were accepted by the City Clerk’s Office until noon on Monday, January 27, 2025.

Pursuant to City Council Policy A -2, Mayor Joe Stapleton appointed himself, Mayor Pro Tem Lauren Kleiman, and Council member Michelle Barto to the Ad Hoc Appointments Committee.

At the conclusion of the application period, the applications were forwarded to the Ad Hoc Appointments Committee for its review and the scheduling of interviews.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk - 949-644-3005,
[email protected]
PREPARED BY: Jennifer Farris, Assistant City Clerk - 949-644-3006, [email protected]
TITLE: Appointment of a Planning Commission er to F ill an Unscheduled Vacancy
441
Appointment of a Planning Commissioner to Fill an Unscheduled Vacancy February 25, 2025

Page 2 ends

14-2

Interviews were conducted on February 4, 2025.

At the February 11, 2025 City Council meeting , the City Council confirmed the nominations of Greg Reed, Loren Smith and Drew Teicheira. Copies of their applications are attached hereto as Attachment A.

Appointment Process

Pursuant to City Council Policy A -2, appointments to the Planning Commission will take place in the following manner:

A. The City Council will vote on all appointments simultaneously. The voting will be done by paper ballot and the City Clerk will tabulate and announce the results, including the vote tally.

B. Each member of the City Council will cast one vote on the paper ballot. To be appointed, an applicant must receive at least four votes.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

NOTICING:

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

ATTACHMENT:

Attachment A – Applications

442

ATTACHMENT A
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On the Agenda: February 25 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, February 25 at 4 p.m. The full agenda is available here.

VIEW THE FULL AGENDA >>

450

Newport Beach City CouncilFebruary 25, 2025

Newport Beach City Council
February 25, 2025