Agenda packet — Newport Beach City Council, March 11, 2025 (part 1 of 2)

JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro Tem
MICHELLE BARTO, Councilmember
ROBYN GRANT, Councilmember
NOAH BLOM, Councilmember
SARA J. WEBER, Councilmember
ERIK WEIGAND, Councilmember
GRACE LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI BROWN , City Clerk

CITY OF NEWPORT BEACH

CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING - 5:00 P.M. / CLOSED SESSION - FOLLOWS

MOTION FOR RECONSIDERATION
MARCH 11, 2025

NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach ’s equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting.

LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts ), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than five hundred dollars ($500) made within the preceding 12 months by the party or the party ’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record.

PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard before or after the time given.

This agenda was prepared by the City Clerk. Copies of the staff reports and supporting materials are on file with the City Clerk and are available for public inspection and copying at the City Clerk ’s Office or online at newportbeachca.gov/agendas. For questions or to request copies of any staff reports or other documentation related to items on this agenda, please contact the City Clerk’s Office at 949-644-3005.

The City of Newport Beach ’s goal is to fully comply with the Americans with Disabilities Act (ADA). If you require special assistance to participate in this meeting, we will attempt to accommodate you in every reasonable manner .

Please contact City Clerk staff prior to the meeting at 949-644-3005 or cityclerk@newportbeachca .gov so that reasonable accommodations can be made. 1
March 11, 2025

Page 2 ends

City Council Meeting
I. ROLL CALL - 4:00 p.m.

II. CURRENT BUSINESS
Clarification of Items on the Consent CalendarSS1.

Presentation to the City by the Newport Beach Sister City Association on Behalf of Mayor Yasuhiro Uchida of Okazaki, Japan
SS2.

Proclamation Recognizing National Nutrition MonthSS3.

History of Balboa Island by the Balboa Island MuseumSS4.

Capital Improvement Program (CIP) Early LookSS5.

Staff will present the preliminary new projects and funding proposed for the FY 2025-26 Capital Improvement Program for City Council review and discussion.

Presentation
On the Agenda
Written Comments
III. PUBLIC COMMENTS
The City Council of Newport Beach welcomes and encourages community participation .

Public comments are invited on items listed on the agenda and non -agenda items .

Speakers must limit comments to three minutes per person to allow everyone to speak .

Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items.

IV. RECESS
V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII INVOCATION - Gene Clark, Church of Jesus Christ Latter-day Saints VIII. PLEDGE OF ALLEGIANCE
2 March 11, 2025

Page 3 ends

City Council Meeting
IX. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation .

Public comments are generally limited to three minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items.

X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL

ON COMMITTEE ACTIVITIES
XI. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 12). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Councilmember, members of the public are invited to speak on each item for up to three minutes per item.

All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Councilmembers have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and /or removed from the Consent Calendar for separate action.

XII. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES
Minutes for the February 25, 2025 City Council Meeting1.

Waive reading of subject minutes, approve as written, and order filed.

Minutes
Written Comments
Reading of Ordinances2.

Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only.
3 March 11, 2025

Page 4 ends

City Council Meeting

ORDINANCES FOR ADOPTION
Ordinance No. 2025-2: Updating the Military Equipment Use Policy for the Newport Beach Police Department

3. 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) Conduct second reading and adopt Ordinance No. 2025-2, An Ordinance of the City Council of the City of Newport Beach, California, Updating the Military Equipment Use Policy for the Newport Beach Police Department.

Staff Report
Attachment A - Ordinance No. 2025-2
Attachment B - Military Equipment Use Policy (redline)
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

4. 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) Conduct second reading and adopt 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 the 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.

Staff Report
Attachment A - Ordinance No. 2025-3
Correspondence
Written Comments
4 March 11, 2025

Page 5 ends

City Council Meeting

ORDINANCE FOR INTRODUCTION
Ordinance No. 2025-4: Amending the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations and the Extension of Deadlines for Short-Term Lodging Permits

5. a) Determine this action is exempt from 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 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, introduce Ordinance No. 2025-4, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 1.08.120 ( Definitions) of Title 1 ( General Provisions), Section 5.95.042 (Maximum Number of Permits ), Section 5.95.043 (Transfer of Permit ), and Section 5.95.065 (Suspensions and Revocations) of Chapter 5.95 ( Short-Term Lodging Permit) of Title 5 (Business Licenses and Regulations) of the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations and the Extension of Deadlines, and pass to second reading on March 25, 2025.

Staff Report
Attachment A - Ordinance No. 2025-4
Attachment B - NBMC Changes (redlines)
Written Comments

RESOLUTION FOR ADOPTION
Resolution No. 2025-11: Waiving Section A .1. of City Council Policy B -13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14

6. a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land) because it has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2025-11, A Resolution of the City Council of the City of Newport Beach, California, Waiving Section A .1 of City Council Policy B -13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14.

Staff Report
Attachment A - Letter from Celebrity Foundation for Children Attachment B - Resolution No. 2025-11
Attachment C - City Council Policy B-13
Attachment D - Resolution No. 2024-14
Written Comments
5 March 11, 2025

Page 6 ends

City Council Meeting

CONTRACTS AND AGREEMENTS
Balboa Boulevard, Newport Boulevard, and 32nd Street Pavement Rehabilitation (Project No. 22R11) - Notice of Completion for Contract No . 8833-2

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

Staff Report
Attachment A - Location Map
Newport Beach Police Station Video Surveillance System Replacement (Project No. 24F02) - Notice of Completion for Contract No. 9500-1

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

Staff Report
Attachment A - Location Map
Approval of On -Call Maintenance and Repair Services Agreement for Roll -Up Doors and Gates with Excel Door & Gate Company, Inc.

9. 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 Maintenance and Repair Services Agreement with Excel Door and Gate Company, Inc. for on -call Roll -Up Door and Gates Maintenance and Repair Services for a five-year term and total not-to-exceed amount of $550,000; and c) Authorize the Mayor and City Clerk to execute the agreement.

Staff Report
Attachment A - Agreement
Written Comments
6 March 11, 2025

Page 7 ends

City Council Meeting
Amendment No. One to Purchase and License Agreement with T 2 Systems Canada, Inc. for Multi-Space Pay Stations

10. a) Find this project exempt from 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 1578) 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; b) Authorize staff to purchase and replace the outdated pay stations over the next five years, ensuring all units are replaced by the end of their 10-year lifespan, while maintaining compliance with the City's Local Coastal Program Implementation Plan and the California Vehicle Code;
c) Authorize the City Manager or designee to enter into an amendment to the existing agreement to purchase, install and maintain up to 86 additional multi -space pay stations, replacing those purchased between 2014 and 2018 as they reach the end of their 10-year lifespan in the coming years, with an amount not -to-exceed $785,122.04; and
d) Waive the standard bidding requirements provided by City Council Policy F -14 and approve a single source award of the agreement to T2 Systems, Inc. (T2).

Staff Report
Attachment A - Amendment No. One
Written Comments

MISCELLANEOUS
Planning Commission Agenda for the March 6, 2025 Meeting11.

Receive and file.

Planning Commission Action Report
Planning Commission Agenda
7 March 11, 2025

Page 8 ends

City Council Meeting
Cultural Arts Grants Fiscal Year 2024-2512.
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve recommended recipients for Fiscal Year 2024-25 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I -10, Culture and Arts Grants.

Staff Report
Attachment A - City Council Policy I-10
On the Agenda
Written Comments
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR

THOSE ITEMS REMOVED
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
XIV. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three minutes. Before speaking, please state your name for the record.

XV. CURRENT BUSINESS
Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance No . 2022-8 Removing Sunset Date of April 21, 2025

13. a) Find this action exempt from 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; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2025-5, An Ordinance of the City of Council of the City of Newport Beach, California, Removing the Sunset Provision from Ordinance No. 2022-8 Thereby Retaining Section 15.02.095 (Section 105.3.4) to Timeframes for Completion of Construction, and pass to second reading on March 25, 2025.

Staff Memo
Staff Report
Attachment A - Ordinance No. 2025-5
Attachment B - Ordinance No. 2022-8 (redlined)
On the Agenda
Written Comments
8 March 11, 2025

Page 9 ends

City Council Meeting
XVI. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

XVII. CLOSED SESSION - Council Chambers Conference Room

CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
A.

Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators.

Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB).

Written Comments
XVIII. CLOSED SESSION REPORT
XIX. ADJOURNMENT
Testimony given before the City Council is recorded.

The timer light will turn yellow when the speaker has one minute remaining.

The timer light will turn red when the speaker has 10 seconds remaining.

PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
9 FISCAL YEAR 2025-26

CAPITAL IMPROVEMENT PROGRAM

EARLY LOOK
March 11, 2025
City Council Study Session
March 11, 2025
Agenda Item No. SS5
10 THE CITY’S

CAPITAL IMPROVEMENT PROGRAM
• Sets Priorities and Appropriates Funds
• Provides a Basis for Project Planning and Identifies Potential Conflicts
• Develops and Constructs Identified Public Improvements • Addresses Significant Maintenance Projects
• Responds to Changing Priorities and Conditions
2 11

ALLOCATION TO THE

CAPITAL IMPROVEMENT PROGRAM
3 • Budget Focuses Resources on Maintaining or Replacing Existing Infrastructure and keeping it in Good Condition.
• Includes $6,500,000 baseline General Fund Investment and an additional $1,250,000 investment from the CIP General Fund Balance.
• Includes $2,500,000 for Facility Maintenance Master Plan projects • Includes $2,300,000 for Park Maintenance Master Plan projects • Includes $1,500,000 for Neighborhood Enhancement projects 12 PROJECTS COMPLETED TO DATE
FY 2024-25 - $50 Million
4 • Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot • Balboa Boulevard/Newport Boulevard Pavement Rehabilitation • East Coast Highway and San Miguel Pavement Rehabilitation • Balboa Island Water Main Replacements and Shore Cliffs Water System Improvements
• Assessment District 111 Alley Reconstruction
• Assessment District 113 Alley Reconstruction
13 PROJECTS UNDER CONSTRUCTION -
$70 Million
5 • Library Lecture Hall – Witte Hall
• Assessment District 124
• San Diego Creek Trash Interceptor
• Superior Ave/Hospital Road Pavement Rehabilitation
• Bay Crossings – Water and Sewer Improvements
• Water Well Rehabilitation – 3 Wells
• Harbor Public Dock Rehabilitation
• San Miguel Park Rehabilitation
14 FY 2025-26 CIP PROJECTION
6 • FY 2024-25 CIP = $88.9 Million
• Preliminary FY 2025-26 CIP Tentative Total ~ $108.5M
$67.9 Million New Funding
$40.6 Million Re-Budget* from FY 2024-25
Some Possible Large Re-Budget Projects ~ $28 Million
• Balboa Library/Fire Station No 1 $9.5M • Balboa Island Drainage / Pump Station Improvements $6.3M • Harbor and Ocean Bulkheads and Seawalls Rehab $4.5M • Big Canyon Restoration – Phase 3 $4.1M
• Collins Island Bridge and Seawall $2.1M
• Oceanfront Boardwalk Expansion $1.5M

*Assumed Re-Budget on July 1, 2025 15
PROPOSED FY 2025-26

SUMMARY OF NEW FUNDING BY TYPE
7 Funding Type Proposed New
Funding
General Fund $7,750,000
Roadway Funding (SB1, GT, M2, M2 Comp,
Trans & Circ.) $14,695,000
Water/Wastewater $14,828,000
FFP/FMMP/PMMP (GF) $14,700,000
Tidelands $11,486,000
Neighborhood Enhancement (GF) $1,500,000
Grants and Contributions/Building Excise Tax $2,962,000 TOTAL $67,921,000
16 FACILITIES
8 • Balboa Library/Fire Station No. 1 Replacement $6,500,000 FFP Re-budget of $9,501,000 for a total of $16,001,000
• City Yard Fueling Support Facilities and Transfer $1,059,000 FFP Station Rehabilitation
Re-budget of $6,341,000 for total of $7,400,000
• Facilities Maintenance Master Plan Program $2,500,000 FMMP Re-budget of $750,000 for a total of $3,250,000
• Newport Coast Pickleball Courts - Lighting $250,000 FFP • Utility Yard Facilities Improvements $400,000 WF TOTAL FACILITIES (New $) $10,709,000
FFP – Facilities Financing Plan, FMMP – Facilities Maintenance Master Plan WF – Water Fund 17

STREETS & DRAINAGE
9 • Bristol Street North Pavement Rehabilitation $1,613,000 GF,GT • Concrete Replacement Program $1,400,000 GF,PMMP
(Eastbluff, Santa Ana Heights, Airport Area)
• Landscape Enhancement Program $1,000,000 NE (Corona Del Mar Villas Frontage & Mesa Dr Trail)
• MacArthur Blvd Pavement Rehabilitation $6,602,000 GF,GT Campus Drive to Jamboree Road SB1,M2 Re-budget of $56,000 for a total of $6,658,000

GF – General Fund GT – Gas Tax, M2 – OCTA Measure M,
SB1 – SB1 RMRA, PMMP – Parks Maintenance Master Program, NE – Neighborhood Enhancement

18 STREETS & DRAINAGE
10 • Old Newport Road at West Coast Hwy $5,482,000 GT,M2 Intersection Improvements TRANS Re-budget of $131,000 for a total of $5,613,000
• Pavement Management Plan $30,000 GF • San Miguel Dr – San Joaquin Hills Rd $270,000 SB1 to Old Ford Rd
• Slurry Seal Program $1,995,000 GF,GT
(Eastbluff, Santa Ana Heights, Airport Area)

GF – General Fund, GT – Gas Tax, M2 – OCTA Measure M
SB1 – SB1 RMRA, TRANS – Transportation & Circulation Fund

19 STREETS & DRAINAGE
11 • Spyglass Hill Rd – San Joaquin Hills Rd $1,870,000 GF,GT to San Miguel Dr
• Street Pavement Repair Program $1,000,000 GF
(Eastbluff, Santa Ana Heights, Airport Area)
• Von Karman Ave – MacArthur Blvd to Campus Dr $500,000 GF Re-budget of $1,077,000 for a total of $1,577,000
TOTAL STREETS & DRAINAGE (New $) $21,762,000

GF – General Fund, GT – Gas Tax

20 TRANSPORTATION
12 • Trolley Expansion (CdM, Balboa Island, Newport Center) TBD TOTAL TRANSPORTATION (New $) $0

21 WATER QUALITY & ENVIRONMENTAL
13 • Big Canyon Restoration – Phase 3 $2,500,000 GR Re-budget of $4,100,000 for a total of $6,600,000
• Newport Dunes Infiltration Basin $935,000 GR,M2 TL
TOTAL WATER QUALITY & (New $) $3,435,000

ENVIRONMENTAL

GR – Contributions & Grants, M2 – OCTA Measure M, TL - Tidelands

22 PARKS, HARBORS & BEACHES
14 PARKS
• Bonita Creek Park Rehabilitation $3,146,000 GF,NE,FFP PMMP
• Park Maintenance Master Plan Program $1,695,000 PMMP • Playground Refurbishment Program $300,000 PMMP,BET Re-budget of $256,000 for a total of $556,00
SUBTOTAL PARKS (New $) $5,141,000

GF – General Fund, NE - Neighborhood Enhancement,
FFP – Facilities Financing Plan, PMMP – Park Maintenance Master Plan, BET – Building Excise Tax

23 PARKS, HARBOR & BEACHES
15 HARBORS & BEACHES
• Balboa Island Seawall (Permitting & Design) $2,000,000 TL • Balboa Island Boardwalk and Perimeter $300,000 TL Drainage (Design)
• Balboa Yacht Basin Dock Replacement $6,000,000 TL Re-budget of $212,800 for a total of $6,212,800
• Balboa Yacht Basin Dock Dredging $1,850,000 TL

TL - Tidelands

24 PARKS, HARBOR & BEACHES
16 • Bathymetry Survey (Newport Island Channels) $80,000 TL • Beach and Bay Sand Management $600,000 TL
• Peninsula Seawall – Palm Ferry Landing $500,000 TL

SUBTOTAL HARBOR & BEACHES (New $) $11,330,000 _____________________________________________________________ TOTAL PARKS, HARBOR & BEACHES (New $) $16,471,000

TL - Tidelands
25 WATER
17 • Cathodic Protection Program $2,000,000 WF Re-budget of $110,000 for a total of $224,000
• CM-9 & CM-6 Replacement (Design) $200,000 WF • Distribution Valve Replacement Program $149,000 WF • Grade Adjustments – Water Valves $119,000 WF • New Water Wells and Pipelines (Design) $1,500,000 WF Re-budget of $125,000 for a total of $1,625,000

WF – Water Fund

26 WATER
18 • Water System Rehabilitation $520,000 WF • Irvine Terrace East, Shore Cliffs and Mid-Balboa $8,940,000 WF Peninsula Water Line Replacements

TOTAL WATER (New $) $13,428,000

WF – Water Fund

27 WASTEWATER
19 • Grade Adjustments – Sewer Manhole Covers $100,000 WWF Re-budget of $361,000 for a total of $461,000
• Sewer Main Lining and Repairs $900,000 WWF Re-budget of $500,000 for a total of $1,400,000
TOTAL WASTEWATER (New $) $1,000,000

WWF – Wastewater Fund

28 • General Plan Update & Airport Area Specific Plan $750,000 GF

TOTAL MISCELLANOUS (New $) $750,000

GF – General Fund

MISCELLANEOUS
20 29
PROPOSED FY 2025-26

SUMMARY OF NEW FUNDING BY TYPE
21 Funding Type Proposed New
Funding
General Fund $7,750,000
Roadway Funding (SB1, GT, M2, M2 Comp,
Trans & Circ.) $14,695,000
Water/Wastewater $14,828,000
FFP/FMMP/PMMP (GF) $14,700,000
Tidelands $11,486,000
Neighborhood Enhancement (GF) $1,500,000
Grants and Contributions/Building Excise Tax $2,962,000 TOTAL $67,921,000
30 5-YEAR LOOK AHEAD

SIGNIFICANT PROJECTS
22 Estimated Construction Start Dates
 FY 26-27
- San Miguel Dr Pavement Rehab
(San Joaquin Hills Rd to Old Ford Road)
- Newport Pier & McFadden Square
 FY 27-28
- Eastbluff Dr Pavement Rehab
(Jamboree (N) to Jamboree (S))
- New Water Wells in Fountain Valley
- Balboa Island Seawall - Phase 1
(Grand Canal & West End)
-
31 5-YEAR LOOK AHEAD

SIGNIFICANT PROJECTS
23  FY 28-29
- Jamboree Rd Pavement Rehab
(Campus Dr to University Dr)
- San Joaquin Hills Rd Pavement Rehab
(Spyglass Hill Rd to Newport Coast Dr)
- West Coast Hwy Intersection Improvements and
Pedestrian Bridge
 FY 29-30
- Newport Center Dr Pavement Rehab
- Newport Bay Water and Wastewater Crossings

32 5-YEAR LOOK AHEAD

SIGNIFICANT PROJECTS
24  FY 30-31
- Seaview Ave Concrete Reconstruction
(Carnation to Narcisus)
- Newport Coast Drive Pavement Rehab
(73 Freeway to Ridge Park Road)

33 Comments / Questions
25 Your Public Works Department
Protecting and Providing Quality
Public Improvements and Services
NEWPORTBEACHCA.GOV/PUBLICWORKS
34 On the Agenda: March 11 City Council Meeting
The next meeting of the Newport Beach City Council will be on Tuesday, March 11. The full agenda is available here.

A Study Session will begin at 4 p.m. Agenda items include:
• Capital Improvement Program (CIP) early look. City staff will present new projects and funding proposals for the Fiscal Year 2025-26 CIP for review and discussion by the City Council.

The Regular Meeting will begin at 5 p.m. Agenda items include:
• Consideration of $30,000 in cultural arts grant awards as recommended by the City Arts Commission. The funds were previously earmarked to fund specific cultural or artistic programs approved by the City Council in Fiscal Year 2024-25. The Arts Commission reviews funding requests and makes recommendations to the Council.
• Amendment of Ordinance No. 2022-8 related to the completion of residential home construction.

In 2019, the City Council adopted a three-year time limit to complete construction of one-unit and two-unit family dwellings. In 2022, as the COVID-19 pandemic disrupted supply chains and delayed construction, the Council temporarily granted the City's building official authority to extend the time limit for up to one additional year. The amendment under consideration would remove an April 2025 sunset provision and permanently allow the building official to extend building permits for up to one additional year.

VIEW THE FULL AGENDA >>

35 March 11, 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 25, 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 271 ends

Scarbrough’s previous comments regarding her and Mr. Klobe’s GPAC appointments and thought the discussion regarding the Council Aviation Ad Hoc Committee (Item 5) was less than enlightening.”

Page 274 ends

to distortions and site sight line issues as the screen size increases.”

Page 274 ends

the screen. In response to his question, Public Works Director Webb clarified that 0.8% of the 10% of the contingency allowance is correctly stated and most of the major project items are complete.”
[note: Even after deleting the second “of the,” this could be read as “0.8% of 10%” =

0.08%. It would be clearer to say “Director Webb clarified that the 0.8% of cost overrun compared to the 10% of the contingency allowance is correctly stated.”]

Page 274 ends

Kahe Krahe thanked Public Works Director Webb for his presentation, expressed concerns about the largest screen size, and thought the 11-foot by 19-foot screen is a good compromise and the Foundation would agree to pay for half the cost.” Item SS5. Capital Improvement Program (CIP) Early Look
It is very helpful that the slides for this presentation were posted with the agenda on March 6, giving time for review prior to the meeting.

Regarding Slide 17 (the first of two labeled “WATER”), there seems to be a problem with the dollar amounts reported for the “Cathodic Protection Program.” A $110,000 re-budget added to a new allocation of $2,000,000 would not yield a total of $224,000.

Item III. PUBLIC COMMENTS
I am all for public comments, but according to the agenda sequence specified on page 2 of the currently-adopted City Council Policy A-1, this item seems to have been intended primarily to provide the required opportunity for the public to comment on the closed session agenda items.

However, with the closed session now appearing at the end of the agenda, it fails at that purpose since few people attending the meeting would guess from the announcement that this is opportunity to comment on the closed session topics, nor will they know there will be additional opportunities to comment on agenda items, or if commenting at this time will preclude them from commenting later.

Received After Agenda Printed
March 11, 2025
Written Comments
36 March 11, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 In fact, although titled differently, the text under this item is identical to that appearing under “IX.

NOTICE

THE

PUBLIC”

which

makes

appear

notice

than

invitation

comment.

If that is its purpose, it would seem the notice should be given before Item “II. CURRENT BUSINESS”

since

the

public

must

allowed

comment

least

some

those

items

(for

example,

Item

“SS5.

Capital

Improvement

Program

(CIP)

Early

Look”),

yet

will

not

have

been

told

what

the

rules

are

prior

their

opportunity.

Item 4. Ordinance No. 2025-3: Designating a Portion of Corona del Mar as

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
The description of the boundaries of the proposed Corona del Mar Safety Enhancement Zone were

revised

shortly

before

the

introduction

this

ordinance

was

introduced

February

25. While the more precise definition (similar to the Police Department Reporting District 44 illustrated

Figure

1 on

page

4-2

the

staff

report)

proposed

page

4-9

the

ordinance

appreciated,

puzzling

that

both

mention

the

intended

zone

“
shall

include

Pirate's

Cove,

Corona

del

Mar

State

Beach,

and

Little

Corona

Beac
h,”

but

not

mention

China

Cove

Beach,

even

though

China

Cove

Beach

clearly

within

the

area

described

the

text.

Additionally, it is not clear the City has a clearly defined boundary to “Little Corona Beach,” which,

according

Figure

1 of

the

staff

report,

the

neighboring

Police

Department

Reporting

District

45. It

term

that

does

not

seem

appear

anywhere

else

the

Municipal

Code.

All this said, I continue to think the increased days and areas of the proposed safety enhancement

zones

place

increased

burden

City

staff

and

citizens

that

not

justified

sufficient

evidence

need

for

the

action.

Item 5. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code

Update

Administrative

Procedures

Good

Cause

Determinations

and

the

Extension

Deadlines

for

Short-Term

Lodging

Permits
Although not clearly explained in the staff report, I believe this ordinance is being proposed as an

administrative

alternative

persons

making

appeals

the

City

Council.

Setting aside the merits of that choice,I have two problems with the proposed implementation. First, a significant operative part of the scheme is buried in a portion of the ordinance that will not

codified,

result

which,

most

the

public

reading

the

proposed

code

(pages

5-21

and

5-22)

will

not

know

exists.

Specifically,

the

proposed

ordinance

contains

(uncodified)

Section

7 saying

“
The

Finance

Director

hereby

authorized

retroactively

extend

deadlines

provided

Sections

2 through

5 of

this

ordinance

upon

determination

the

Finance

Director

that

good

cause

has

been

shown

so
.”

37 March 11, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 Not only would this apply, contrary to what it says, to only Section 2, 3 and 5 (not 4), but I can think

reason

this

should

not

included

the

codified

text

those

sections.

accomplish

that,

the

three

sections

where

proposed

appear,
1 the

following

phrase

could

simply

modified

to:

“...

the

Finance

Director

determines

that

good

cause

has

been

shown

for

extending

the

deadline, which extension may be retroactive.”
2 The code would then be clearer and there would be no need for the uncodified Section 7. My second problem is that while it may seem efficient to insert a definition of “good cause” that will

apply

the

entire

municipal

code,

rather

than

just

short

term

lodging

matters,

don’t

think

wise.

The reason it is not wise is that what “good cause” means depends on the context, and the conditions

that

constitute

“good

cause”

for

missing

short

term

lodging

permit

deadline

may

quite

different

from

what

constitutes

“good

cause”

some

other

circumstance,

such

terminating

employee

permit

“for

good

cause.”
A search for the phrase “good cause” indicates it appears 27 times in 19 different chapters of our Municipal Code, including, already in Subsection 5.95.030.F. Many of those appearances suggest the intent was for the phrase to have a very context-specific intent. Adding a general definition

that

purports

apply

“
Unless

specific

definition

provided

the

context

which

they

are

used

clearly

requires

otherwise
”

seems

only

add

confusion

and

uncertainty.

It would seem much better to add a STL-specific definition of “good cause” to Section 5.95.010 (Definitions) of the Short Term Lodging Permit chapter, which would clarify how the phrase is intended

work

the

STL

chapter,

but

not

alter

its

(possibly

quite

different)

intent

the

others.

As to the merits of this ordinance,I believe the deadlines were enacted to emphasize that having a

short

term

lodging

permit

privilege,

not

right;

and

limited

privilege

for

which

there

long

waiting

list

possibly

responsible

people

seeking

the

privilege.

While the proposed code specifies the circumstances under which the Director “ may ” excuse a missed

STL

permit

deadline,

not

all

clear

the

circumstances

under

which

she

should

choose

not

so.

For

example,

there

may

complaints

that

the

applicant,

although

having

“good

cause”

miss

the

deadline,

also

bad

operator

for

whom

leniency

should

not

considered.

And

those

circumstances

might

not

surface

without

formal

public

hearing.

That

would

argue

for

appeal

the

Council

being

better

solution

what

seem

the

rare

circumstances

which

deadlines

are

missed.

Regarding defined words in general in our Municipal Code, it should be noted that, at present, readers

have

easy

way

tell

they

are

encountering

word

with

special

definition

within

the

code

one

that

intended

read

with

its

common

meaning.

A solution to this is for the vendor codifying the ordinances to display the defined words in a special

typeface

(such

italics

underlined)

and

provide

links

the

definitions.

2 Subsection

5.95.030.F

already

gives

the

Director

authority

extend

certain

STL

deadlines,

but

does

not

say

that

authority

retroactive.

Nothing

the

present

ordinance

changes

that.

Was

this

intentional?

1 To be sure, while this phrase appears in Section 3 (on page 5-13) and Section 5 (on page 5-14), in Section

2 (on

page

5-12)

appears

“
to

extend

the

deadline
”

instead

“
for

extending

the

deadline
.”

can

think

reason

for

the

different

phrasing.

38 March 11, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Here is example, from the Snohomish County (WA) code, which is maintained by the same vendor as ours, but using a slightly different platform:

Pointing the mouse at the words with dotted underlines pops up a copy of the section defining the

term

(while,

our

code,

clicking

word

with

solid

underline

links

the

referenced

code

section).

Item 6. Resolution No. 2025-11: Waiving Section A.1. of City Council Policy

B-13

Allow

for

Alcoholic

Beverages

Charity

Polo

Event

Held

Peninsula

Park,

and

Repeal

Resolution

No.

2024-14
Since Newport Beach attempts to enforce an absence of alcohol on its beaches, I do not think it sets

good

example

allow

alcohol

event

beach-adjacent

park.

That

appears

set

double

standard.

That said, if a majority of the Council wants to allow this, I don’t see the need for a new resolution

repeal

the

former

one.

The existing Resolution No. 2024-14 appears to grant an indefinite, blanket waiver for the “Charity

Polo

Event

held

Peninsula

Park.”

While

references

the

“Newport

Beach

Foundation”

the

most

recent

and

likely

future

operator,

does

not

seem

limited

that.

The proposed new Resolution No. 2025-11 names “Celebrity Foundation for Children” (tax filings) as the expected operator, but, again, the existing resolution does not seem restrictive as to who the applicants or operators might be and is even less clear than the present one about the

waiver

being

indefinite.

If the intent is that the future validity of the waiver be contingent upon “the Event” being a charity event,

then

think

should

say

so.

And since the request is only for service of beer and wine, I think the resolution should include that

limitation.

Both of those conditions would improve upon what is proposed.

39 March 11, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 Item 9. Approval of On-Call Maintenance and Repair Services Agreement

for

Roll-Up

Doors

and

Gates

with

Excel

Door

Gate

Company,

Inc.

The staff report fails to mention that Excel Door & Gate Company previously held this contract, and that as Item 6 at its May 9, 2023 meeting, in anticipation of that contract ending, it selected South Coast Industrial Door, Inc. as the contractor for this service through May 1, 2028. The City Clerk’s database of contracts show the one with South Coast Industrial Door, C-9286-1, as still active, and, indeed, to have been updated by the City Manager with new billing rates on August 30, 2024. Is the new contract with Excel Door & Gate intended to replace the one with South Coast Industrial

Door?

addition

that?

Item 10. Amendment No. One to Purchase and License Agreement with

Systems

Canada,

Inc.

for

Multi-Space

Pay

Stations
It would seem reasonable to ask if, when the existing pay stations were originally purchased, there

was

expectation

they

would

only

last

for

ten

years?

And

the

new

“more

reliable”

ones

are

expected

have

any

longer

useful

life?

Item 12. Cultural Arts Grants Fiscal Year 2024-25 The Council may notice a similarity in the grants recommendations from year to year. For example, all six of the recipients approved as Item 12 at the February 27, 2025, meeting are on the list again this year, and for very similar amounts. This year is slightly unusual in that there are two new recommendations: Emerald Magic Events Inc

and

the

Newport

Theatre

Arts

Center.

Of those, it might be noted that, independent of these grants, Emerald Magic Events has a March 22 event at OASIS very similar to what is described, with tickets ranging from $59 to $79 (with discounts for couples and children under 17). In that regard, it might be noted that the underlying City Council Policy I-10 (page 12-5) does not appear

place

any

restrictions

how

the

grants

will

used,

and

unclear

the

Commission

has

done

so.

For

example,

how

expensive

attendance

the

proposed

events

might

and

whether

the

grants

would

used

reduce

ticket

costs

for

some

other

purpose.

Indeed,

seems

completely

open-ended

whether

the

grantees

would

even

presenting

program

offering

some

other

kind

“service.”
Wouldn’t some clearer guidance be useful?
Item 13. Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance

No.

2022-8

Removing

Sunset

Date

April

21,

2025
This item seems an example of the unwisdom of enacting uncodified provisions to our Municipal Code. As best I can tell, no one reading NBMC Section 15.02.095 would have any hint that lurking in adopted Ordinance No. 2022-8 there is an April 21, 2025, sunset provision affecting something

(sub)

Section

105.3.4,

especially

since

there

not

even

footnote

that

code

40 March 11, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 mentioning the existence of Ordinance No. 2022-8. And according to the codifier’s Ordinance List, Ordinance No. 2022-8 has already been “Repealed by 2022-26.” Since Ordinance No. 2022-26 says it completed deleted and replaced Chapter 15.02, including (sub) Section 105.3.4, and in enacting the present provisions, itself appears to contain no sunset

language,

would

seem

that

sunset

clause

Ordinance

No.

2022-8

irrelevant,

and

nothing

about

expire.

In that case, no action is necessary, unless the current (sub) Section 105.3.4 enacted by Ordinance

No.

2022-26

different

from

the

one

the

Building

Official

sees

Ordinance

No.

2022-8

and

wants

continue

following.

As best I can tell, there is no difference, and no action is needed.

Item XVII. CLOSED SESSION The Brown Act requires the public be given an opportunity to comment regarding the items listed

under

this

heading

the

agenda

before

the

Council

considers

them.

Since the former opportunity for this public comment has been moved from its position immediately

preceding

the

closed

session

the

agenda

template

specified

City

Council
Policy A-1, it seems important for the Mayor to invite comment after the CIty Attorney has announced the closed session topics.

41 CITY OF NEWPORT BEACH

City Council Meeting Minutes
Regular Meeting
February 25, 2025

Volume 66 - Page 270
I. ROLL CALL – 4:00 p.m.

Present: Mayor Joe Stapleton , Mayor Pro Tem Lauren Kleiman , Councilmember Michelle Barto , Councilmember Noah Blom, Councilmember Robyn Grant , Councilmember Sara J. Weber , Councilmember Erik Weigand

II. INVOCATION – Harbormaster Paul Blank

III. PLEDGE OF ALLEGIANCE – Councilmember Weigand

IV. PRESENTATION

 History of the Balboa Village and Balboa Pavilion by the Newport Beach Historical Society

Bernie Svalstad utilized a presentatio n to discuss the history of the Balboa Fun Zone and Balboa Pavilion. He noted recent efforts to find a permanent location for the Newport Beach Historical Society and provided handouts to its upcoming event.

Mayor Stapleton appreciated the presentation and shared photos from the Pyle family about future updates to the Balboa Fun Zone.

Councilmember Grant expressed her appreciation for the presentation and for Mr. Svalstad’s involvement in City projects.

V. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS

Jim Mosher noted changes to the agenda format and sequence, proposed that Council consider amending City Council Policy A-1 accordingly, and suggested clarifying the public comment process.

Nancy Scarbrough referenced Item 11 (Confirmation of Appointments to the General Plan Update Steering Committee and the General Plan Advisory Committee ) and asked Council to consider reappointing Charles Klobe and herself to the General Plan Advisory Committee.

VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES

Councilmember Weigand:
 Attended an Orange County Mosquito and Vector Control District board meeting regarding the construction of a new headquarters and an Association of California Cities – Orange County (ACC-OC) meeting
• Announced the upcoming Orange County Sanitation District meeting

Councilmember Grant:
 Joined Balboa Island residents at the Balboa Island Museum to welcome Los Angeles fire evacuees  Attended a Town Hall meeting held at the Balboa Peninsula Fire Station with Mayor Stapleton and Councilmember Blom to discuss fire safe practices and emergency evacuation procedures

Draft
March 11, 2025
Agenda Item No. 1
42 City of Newport Beach
February 25, 2025

Volume 66 - Page 271
Mayor Pro Tem Kleiman:
 Attended the quarterly Newport-Mesa Unified School District meeting with Councilmember Barto, an ACC-OC meeting, the Gallery Sonder exhibit in Corona der Mar , and an Aviation Committee meeting

Mayor Stapleton:
 Visited the United Kingdom with representatives from Visit Newport Beach  Attended the homeowner association meetings for Corona del Mar , Balboa Island , and Central Newport

VII. PUBLIC COMMENTS ON CONSENT CALENDAR

Regarding Item 10 ( Police Department Drone Program ), Blake Resnick presented and discussed the world’s first 911 response drone program.

Regarding Item 11, Jim Mosher agreed with M s. Scarbrough’s previous comments regarding her and Mr. Klobe’s GPAC appointments and thought the discussion regarding the Council Aviation Ad Hoc Committee was less than enlightening.

Adam Leverenz supported Ms. Scarbrough’s comment regarding the GPAC appointments (Item 11) and encouraged Council to proceed with an open-minded approach.

VIII. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

1. Minutes for the February 1, 2025 Planning Session and February 11, 2025 City Council Meeting
Waive reading of subject minutes, approve as amended, and order filed.

2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only.

ORDINANCE FOR ADOPTION

3. Ordinance No. 2025 -1: Granting Non -Exclusive Commercial Solid Waste Franchise Agreements
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) Conduct second reading and adopt Ordinance No. 2025 -1, An Ordinance of the City Council of the City of Newport Beach, California, Granting Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport Beach to BC Hauling and Demolition, California Waste Services LLC and Tim Greenleaf Engineering.

ORDINANCE FOR INTRODUCTION

4. Ordinance No. 2025 -2: Updating the Military Equipment Use Policy for the Newport Beach Police Department
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. 2025-2, An Ordinance of the City Council of the City of Newport Beach, California, Updating Draft
43 City of Newport Beach
February 25, 2025

Volume 66 - Page 272
the Military Equipment Use Policy for the Newport Beach Police Department, and pass to second reading on March 11, 2025.

RESOLUTION FOR ADOPTION

5. Resolution No. 2025 -10: Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation Committee 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) Adopt Resolution No. 2025 -10, A Resolution of the City Council of the City of Newport Beach, California, Creating the Aviation Ad Hoc Committee to Review the Structure, Membership, Roles and Responsibilities of the Aviation Committee; and
c) Appoint Mayor Pro Tem Lauren Kleiman, Councilmember Michelle Barto and Councilmember Noah Blom to serve on the Aviation Ad Hoc Committee.

CONTRACTS AND AGREEMENTS

6. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot (Project No. 15T09) – Notice of Completion for Contract No. 8020-6
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

7. OASIS Senior Center Site Lighting Project – Notice of Completion for Contract No. 9009- 2 (23F02)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

8. Street Pavement Repair Program Fiscal Year 2024 -25 – Award of Contract No. 9716 -1 (25R03)
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.

Councilmember Weber recused herself from Item 8 due to real property interest conflicts.

9. First Amended and Restated Employment Agreement with the City of Newport Beach Police Chief (C-9826-1)
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.

10. Services and Purchase Agreement with BRINC Drones, Inc. for the Police Department Drone Program (C-9828-1)
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; Draft
44 City of Newport Beach
February 25, 2025

Volume 66 - Page 273
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 a uthorize 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.

MISCELLANEOUS

11. Confirmation of Appointments to the General Plan Update Steering Committee and the General Plan Advisory Committee
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Confirm the Mayor’s appointments to fill scheduled vacancies on the General Plan Update Steering Committee and the General Plan Advisory Committee.

Motion by Mayor Pro Tem Kleiman, seconded by Councilmember Barto, to approve the Consent Calendar; and noting the amendments to Item 1 and the recusal to Item 8 by Councilmember Weber.

The motion carried unanimously.

IX. ITEMS REMOVED FROM THE CONSENT CALENDAR – None

X. CURRENT BUSINESS

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

Mayor Pro Tem Kleiman thanked the Police Department and Community Development Department for drafting the ordinance.

In response to Councilmember Weigand’s request, Police Lieutenant Little utilized a presentation to review the Safety Enhancement Zone boundaries and Police Chief Miner confirmed that mutual aid in West Newport will remain the same. Mayor Stapleton noted the calm environment last year during Independence Day and complimented staff for creating a family -friendly vibe on the Peninsula.

Jim Mosher noted the impacts of issuing tripled fines, asked which fines will be tripled , and what police activity standards trigger the creation of an enhancement zone.

Councilmember Weigand asked City Manager Leung for a report after the 4th of July to assess the impacts of the ordinance.

Councilmember Barto recommended involving the lifeguards in the process.

Motion by Mayor Pro Tem Kleiman , seconded by Mayor Stapleton, to 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 amended 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 the Memorial Day Draft
45 City of Newport Beach
February 25, 2025

Volume 66 - Page 274
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.

The motion carried unanimously.

13. Witte Lecture Hall – Increase LED Screen Wall Size

Councilmember Barto stated that the initial memorandum of understanding allowed for necessary change orders for furniture and fixtures and o ptional items to be covered by the requestor, and is not within the City’s purview.

Councilmember Grant commended the Newport Beach Library Foundation on their fundraising efforts and staff for steering the project, concurred with Councilmember Barto’s suggestion to review the contract details, regarded the project as a City legacy and is world-class, favored using the best possible screen, supported the consideration of options, and inquired about vetting the feasibility.

Public Works Director Webb expressed concerns relative to distortions and site line issues as the screen size increases.

In response to Councilmember Grant’s question about the relationship between screen size and distortion, Public Works Director Webb utilized a presentation to show Witte Lecture Hall LED screen wall profile views and screen options . Recreation and Senior Services Director Levin expressed potential maintenance issue concerns surrounding the 13-foot by 23-foot screen.

Councilmember Weigand supported a one-time change to the screen . In response to his question, Public Works Director Webb clarified that 0.8% of the 10% of the contingency allowance is correctly stated and most of the major project items are complete.

Councilmember Blom expressed his reasons for opposing the proposal.

Marilyn Krahe, Chair of Newport Beach Public Library Foundation , expressed her reasons to support the proposal for a larger screen.

Adam Leverenz expressed concerns about the changes and advancements in technology over time and considerations for upkeep.

Larry Tucker acknowledged the operational aspects of the Lecture Hall and the City’s portion of responsibility, suggested appealing to the broadest audience, and supported the City paying for half the cost of the improvement.

In response to Councilmember Weigand’s question, Ms. Kahe thanked Public Works Director Webb for his presentation , expressed concerns about the largest screen size, and thought the 11-foot by 19-foot screen is a good compromise and the Foundation would agree to pay for half the cost.

Councilmember Barto noted the original screen would need to be replaced in time and, at that point, the screen size can be assessed.

Councilmember Weigand expressed opposition to returning in six months to discuss replacing it with a bigger screen.

Councilmember Blom thought the proposal was a tenant improvement rather than a construction matter, and supported upholding the original agreement.

Draft
46 City of Newport Beach
February 25, 2025

Volume 66 - Page 275
Motion by Councilmember Grant, seconded by Councilmember Weigand, to 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) (Option 2) approve the Newport Beach Library Foundation’s request to increase the screen wall size and install an 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.

With Mayor Stapleton, Mayor Pro Tem Kleiman, and Councilmembers Barto, Blom, and Weber voting “no,” the motion failed 2-5.

Motion by Councilmember Blom, seconded by Mayor Pro Tem Kleiman , to 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) (Option 1) deny participating in t he cost and continue with the installation of the 9 -foot by 16-foot (144 sf) LED screen wall per the approved contact documents with no additional cost .

With Councilmember Weigand voting “no,” the motion carried 6-1.

14. Appointment of a Planning Commissioner to Fill an Unscheduled Vacancy

City Clerk Brown read the ballots as follows:

Greg Reed – Barto, Blom, Grant, Kleiman, Stapleton, Weber, Weigand

City Clerk Brown announced that Greg Reed was appointed to fill the vacancy on the Planning Commission for a term that expires on June 30, 2025.

XI. MOTION FOR RECONSIDERATION – None

City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items listed on the Closed Session agenda and read the titles. He also reported that City Manager Leung, City Attorney Harp and City Clerk Brown would be recusing themselves from Closed Session Item XII.C due to possible financial impact and City Manager Leung and City Attorney Harp would be recusing themselves from Closed Session Item XII.D due to possible financial impact.

Mayor Stapleton recessed the meeting at 5:16 p.m.

XII. CLOSED SESSION – Council Chambers Conference Room

A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter

Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators.

Volume 66 - Page 276
and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB).

B. PUBLIC EMPLOYMENT – PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 3 matters

Titles: Grace Leung, City Manager, Aaron Harp, City Attorney, and Leilani Brown, City Clerk.

C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 3 matters

Agency Designated Representatives: Joe Stapleton, Mayor, and Lauren Kleiman, Mayor Pro Tem.

Unrepresented Employees: Grace Leung, City Manager, Aaron Harp, City Attorney, and Leilani Brown, City Clerk.

D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter

Barbara Salvini v. City of Newport Beach
Orange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC

Mayor Stapleton reconvened the meeting at 7:35 p.m.

XIII. CLOSED SESSION REPORT

Assistant City Attorney Summerhill announced that no reportable actions were taken.

XIV. ADJOURNMENT – 7:35 p.m.

The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive , Newport Beach, on February 20, 2025, at 4:00 p.m.

____________________________________________
Joe Stapleton
Mayor

__________________________________________
Leilani I. Brown
City Clerk
Draft
48 March 11, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 271 ends

Scarbrough’s previous comments regarding her and Mr. Klobe’s GPAC appointments and thought the discussion regarding the Council Aviation Ad Hoc Committee (Item 5) was less than enlightening.”

Page 274 ends

to distortions and site sight line issues as the screen size increases.”

Page 274 ends

0.08%. It would be clearer to say “Director Webb clarified that the 0.8% of cost overrun compared to the 10% of the contingency allowance is correctly stated.”]

Page 274 ends

Received After Agenda Printed
March 11, 2025
Written Comments
49 March 11, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 In fact, although titled differently, the text under this item is identical to that appearing under “IX.

NOTICE

THE

PUBLIC”

which

makes

appear

notice

than

invitation

comment.

If that is its purpose, it would seem the notice should be given before Item “II. CURRENT BUSINESS”

since

the

public

must

allowed

comment

least

some

those

items

(for

example,

Item

“SS5.

Capital

Improvement

Program

(CIP)

Early

Look”),

yet

will

not

have

been

told

what

the

rules

are

prior

their

opportunity.

Item 4. Ordinance No. 2025-3: Designating a Portion of Corona del Mar as

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
The description of the boundaries of the proposed Corona del Mar Safety Enhancement Zone were

revised

shortly

before

the

introduction

this

ordinance

was

introduced

February

25. While the more precise definition (similar to the Police Department Reporting District 44 illustrated

Figure

1 on

page

4-2

the

staff

report)

proposed

page

4-9

the

ordinance

appreciated,

puzzling

that

both

mention

the

intended

zone

“
shall

include

Pirate's

Cove,

Corona

del

Mar

State

Beach,

and

Little

Corona

Beac
h,”

but

not

mention

China

Cove

Beach,

even

though

China

Cove

Beach

clearly

within

the

area

described

the

text.

Additionally, it is not clear the City has a clearly defined boundary to “Little Corona Beach,” which,

according

Figure

1 of

the

staff

report,

the

neighboring

Police

Department

Reporting

District

45. It

term

that

does

not

seem

appear

anywhere

else

the

Municipal

Code.

All this said, I continue to think the increased days and areas of the proposed safety enhancement

zones

place

increased

burden

City

staff

and

citizens

that

not

justified

sufficient

evidence

need

for

the

action.

Item 5. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code

Update

Administrative

Procedures

Good

Cause

Determinations

and

the

Extension

Deadlines

for

Short-Term

Lodging

Permits
Although not clearly explained in the staff report, I believe this ordinance is being proposed as an

administrative

alternative

persons

making

appeals

the

City

Council.

Setting aside the merits of that choice,I have two problems with the proposed implementation. First, a significant operative part of the scheme is buried in a portion of the ordinance that will not

codified,

result

which,

most

the

public

reading

the

proposed

code

(pages

5-21

and

5-22)

will

not

know

exists.

Specifically,

the

proposed

ordinance

contains

(uncodified)

Section

7 saying

“
The

Finance

Director

hereby

authorized

retroactively

extend

deadlines

provided

Sections

2 through

5 of

this

ordinance

upon

determination

the

Finance

Director

that

good

cause

has

been

shown

so
.”

50 March 11, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 Not only would this apply, contrary to what it says, to only Section 2, 3 and 5 (not 4), but I can think

reason

this

should

not

included

the

codified

text

those

sections.

accomplish

that,

the

three

sections

where

proposed

appear,
1 the

following

phrase

could

simply

modified

to:

“...

the

Finance

Director

determines

that

good

cause

has

been

shown

for

extending

the

apply

the

entire

municipal

code,

rather

than

just

short

term

lodging

matters,

don’t

think

wise.

The reason it is not wise is that what “good cause” means depends on the context, and the conditions

that

constitute

“good

cause”

for

missing

short

term

lodging

permit

deadline

may

quite

different

from

what

constitutes

“good

cause”

some

other

circumstance,

such

terminating

employee

permit

“for

good

that

purports

apply

“
Unless

specific

definition

provided

the

context

which

they

are

used

clearly

requires

otherwise
”

seems

only

add

confusion

and

uncertainty.

work

the

STL

chapter,

but

not

alter

its

(possibly

quite

different)

intent

the

others.

As to the merits of this ordinance,I believe the deadlines were enacted to emphasize that having a

short

term

lodging

permit

privilege,

not

right;

and

limited

privilege

for

which

there

long

waiting

list

possibly

responsible

people

seeking

the

privilege.

While the proposed code specifies the circumstances under which the Director “ may ” excuse a missed

STL

permit

deadline,

not

all

clear

the

circumstances

under

which

she

should

choose

not

so.

For

example,

there

may

complaints

that

the

applicant,

although

having

“good

cause”

miss

the

deadline,

also

bad

operator

for

whom

leniency

should

not

considered.

And

those

circumstances

might

not

surface

without

formal

public

hearing.

That

would

argue

for

appeal

the

Council

being

better

solution

what

seem

the

rare

circumstances

which

deadlines

are

missed.

Regarding defined words in general in our Municipal Code, it should be noted that, at present, readers

have

easy

way

tell

they

are

encountering

word

with

special

definition

within

the

code

one

that

intended

read

with

its

common

meaning.

A solution to this is for the vendor codifying the ordinances to display the defined words in a special

typeface

(such

italics

underlined)

and

provide

links

the

definitions.

2 Subsection

5.95.030.F

already

gives

the

Director

authority

extend

certain

STL

deadlines,

but

does

not

say

that

authority

retroactive.

Nothing

the

present

ordinance

changes

that.

Was

this

intentional?

1 To be sure, while this phrase appears in Section 3 (on page 5-13) and Section 5 (on page 5-14), in Section

2 (on

page

5-12)

appears

“
to

extend

the

deadline
”

instead

“
for

extending

the

deadline
.”

can

think

reason

for

the

different

phrasing.

51 March 11, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Here is example, from the Snohomish County (WA) code, which is maintained by the same vendor as ours, but using a slightly different platform:

Pointing the mouse at the words with dotted underlines pops up a copy of the section defining the

term

(while,

our

code,

clicking

word

with

solid

underline

links

the

referenced

code

section).

Item 6. Resolution No. 2025-11: Waiving Section A.1. of City Council Policy

B-13

Allow

for

Alcoholic

Beverages

Charity

Polo

Event

Held

Peninsula

Park,

and

Repeal

Resolution

No.

2024-14
Since Newport Beach attempts to enforce an absence of alcohol on its beaches, I do not think it sets

good

example

allow

alcohol

event

beach-adjacent

park.

That

appears

set

double

standard.

That said, if a majority of the Council wants to allow this, I don’t see the need for a new resolution

repeal

the

former

one.

The existing Resolution No. 2024-14 appears to grant an indefinite, blanket waiver for the “Charity

Polo

Event

held

Peninsula

Park.”

While

references

the

“Newport

Beach

Foundation”

the

most

recent

and

likely

future

operator,

does

not

seem

limited

that.

waiver

being

indefinite.

If the intent is that the future validity of the waiver be contingent upon “the Event” being a charity event,

then

think

should

say

so.

And since the request is only for service of beer and wine, I think the resolution should include that

limitation.

Both of those conditions would improve upon what is proposed.

52 March 11, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 Item 9. Approval of On-Call Maintenance and Repair Services Agreement

for

Roll-Up

Doors

and

Gates

with

Excel

Door

Gate

Company,

Inc.

Door?

addition

that?

Item 10. Amendment No. One to Purchase and License Agreement with

Systems

Canada,

Inc.

for

Multi-Space

Pay

Stations
It would seem reasonable to ask if, when the existing pay stations were originally purchased, there

was

expectation

they

would

only

last

for

ten

years?

And

the

new

“more

reliable”

ones

are

expected

have

any

longer

useful

life?

and

the

Newport

Theatre

Arts

Center.

place

any

restrictions

how

the

grants

will

used,

and

unclear

the

Commission

has

done

so.

For

example,

how

expensive

attendance

the

proposed

events

might

and

whether

the

grants

would

used

reduce

ticket

costs

for

some

other

purpose.

Indeed,

seems

completely

open-ended

whether

the

grantees

would

even

presenting

program

offering

some

other

kind

“service.”
Wouldn’t some clearer guidance be useful?
Item 13. Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance

No.

2022-8

Removing

Sunset

Date

April

21,

(sub)

Section

105.3.4,

especially

since

there

not

even

footnote

that

code

53 March 11, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 mentioning the existence of Ordinance No. 2022-8. And according to the codifier’s Ordinance List, Ordinance No. 2022-8 has already been “Repealed by 2022-26.” Since Ordinance No. 2022-26 says it completed deleted and replaced Chapter 15.02, including (sub) Section 105.3.4, and in enacting the present provisions, itself appears to contain no sunset

language,

would

seem

that

sunset

clause

Ordinance

No.

2022-8

irrelevant,

and

nothing

about

expire.

In that case, no action is necessary, unless the current (sub) Section 105.3.4 enacted by Ordinance

No.

2022-26

different

from

the

one

the

Building

Official

sees

Ordinance

No.

2022-8

and

wants

continue

following.

As best I can tell, there is no difference, and no action is needed.

Item XVII. CLOSED SESSION The Brown Act requires the public be given an opportunity to comment regarding the items listed

under

this

heading

the

agenda

before

the

Council

considers

them.

Since the former opportunity for this public comment has been moved from its position immediately

preceding

the

closed

session

the

agenda

template

specified

City

Council
Policy A-1, it seems important for the Mayor to invite comment after the CIty Attorney has announced the closed session topics.

54 3-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 11, 2025
Agenda Item No. 3

ABSTRACT:

For the City Council’s consideration is the adoption of Ordinance No. 2022-2, which updates the Military Equipment Use Policy (Policy) for the Newport Beach Police Department in accordance with Assembly Bill (AB) 481, codified as California Government Code (CGC) §7070, et seq. The proposed ordinance will update the military equipment inventory, which is an appendix to the Policy, to add two types of unmanned aerial vehicles (drones), add a replacement SWAT command vehicle, and delete an obsolete drone. No changes to the Policy itself are requested. The ordinance was introduced for consideration at the City Council’s February 25, 2025 regular meeting.

DISCUSSION:

At its February 25, 2025 meeting, the City Council introduced and passed to second reading Ordinance No. 2025 -2. The ordinance would authorize adding two types of drones and a replacement SWAT command vehicle and deleting an obsolete drone from the military equipment inventory , which is incorporated in the Military Equipment Use Policy for the Newport Beach Police Department. If adopted, the ordinance would become effective April 10, 2025.

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: Ordinance No. 2025-2: Updating the Military Equipment Use Policy for the Newport Beach Police Department
55 Ordinance No. 2025-2: Updating the Military Equipment Use Policy for the Newport Beach Police Department
March 11, 2025

Page 2 ends

3-2

Requested additions to the approved military equipment inventory are listed below.  North Star 235-4 Command Vehicle - approved for purchase by the City Council on December 10, 2024. The vehicle will replace an existing SWAT truck and is expected to be delivered in July 2026.
 Police Department Drone Program – approved by the City Council on February 25, 2025. The drone program includes two types of BRINC unmanned aerial vehicles:
the Responder drone and the Lemur 2 drone.

A DJI Phantom 3 drone that is in the authorized inventory is no longer needed and will be deleted. The drone was purchased in 2016 to test and evaluate the effectiveness of using drones in police operations. It no longer meets FAA transponder requirements so it will be decommissioned. The Police Department posted notice of the changes to the military equipment inventory on its public website 30 days before introduction of this ordinance.

FISCAL IMPACT:

There is no fiscal impact for this item. Costs for the additions to the military equipment inventory were previously considered and approved by the City Council in the current fiscal year budget and through Budget Amendment No. 25-055 on February 25, 2025.

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. 2025-2
Attachment B – Military Equipment Use Policy (redline)
56 ATTACHMENT A
3-3
57 3-4
58 3-5
59 3-6
60 Attachment B
Military Equipment Use Policy (redline)

3-7
61 Policy
707
Newport Beach Police Department
Newport Beach PD Policy Manual
Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment in accordance with Government Code § 7070, et seq. 707.1.1 DEFINITIONS
Definitions related to this policy as defined in Government Code § 7070:

Governing body – The governing body for the Newport Beach Police Department is the City Council of the City of Newport Beach.

Military equipment – Includes but is not limited to the following categories:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Projectile launch platforms and associated munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Newport Beach Police
Department
Military Equipment Use Policy -
530
3-8
62 Newport Beach Police Department
Newport Beach PD Policy Manual
Newport Beach PD Policy Manual
Military Equipment Use Policy
707.2 POLICY
It is the policy of the Newport Beach Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Support Services Lieutenant is designated to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Newport Beach Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting as described below in section 707.7.
(f) Preparing the annual military equipment report for submission to the Chief of Policefor subsequent approval by the City Council and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the Military Equipment Use Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Military Equipment Use Policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The Military Equipment Use Policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071) (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.

Published with permission by Newport Beach Police
Department
Military Equipment Use Policy -
531
3-9
63 Newport Beach Police Department
Newport Beach PD Policy Manual
Newport Beach PD Policy Manual
Military Equipment Use Policy
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless they have adopted a Military Equipment Use Policy as required by Government Code § 7071-7075 and in compliance with their agency's policies and all state and federal laws and regulations.
707.6 ANNUAL REPORT
Upon approval of a Military Equipment Use Policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in the Newport Beach Police Department inventory.
707.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Newport Beach Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 707.8 QUESTIONS, CONCERNS AND COMPLAINTS PROCEDURE
In accordance with Section 707.3(g) defined above, the procedure for a person to register a complaint, concern or question is through one of the methods listed below:
• Via US Mail or in person: Complaint forms are available at the front desk or inquiries can be mailed to:

Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
• Via email:
[email protected]
• By telephone: (949) 644-3681
Copyright Lexipol, LLC 2024/05/02, All Rights Reserved.

Published with permission by Newport Beach Police
Department
Military Equipment Use Policy -
532
3-10
64 Newport Beach Police Department
Newport Beach PD Policy Manual
Newport Beach PD Policy Manual
Military Equipment Use Policy
• Online: www.nbpd.org/complaints
The department will respond to questions, concerns or complaints regarding this policy or the use of military equipment within 10 business days of receipt by the department. 707.9 COMPLIANCE
The Professional Standards Unit shall ensure that all department members comply with this policy and is responsible for investigating violations of this policy and investigating complaints regarding the use of military equipment.
707.10 MAINTENANCE OF OPERATIONAL INVENTORY LEVELS
The Newport Beach Police Department is authorized to procure and maintain an appropriate inventory of the approved military equipment specified in this policy, including associated ammunition and munitions, necessary to ensure operational capabilities of the department. 707.11 MILITARY EQUIPMENT INVENTORY
The inventory attached as Appendix A constitutes a list of qualifying equipment and associated ammunition and munitions for the Newport Beach Police Department.

Published with permission by Newport Beach Police
Department
Military Equipment Use Policy -
533
3-11
65 Appendix A Newport Beach Police Department
Military Equipment Inventory

1 Robot
Category 1
Description Recon Robotics Throwbot XT
Initial Cost $15,251 each
Year Acquired 2013
Current Quantity 2
Description/Capabilities This robot is a battery powered, remot e operated device equipped with one camera and audio capability. The device is intended for use during high-risk incidents. Use is limited to members of the department’s Crisis Response Unit (CRU) or with authorization of the on-duty Watch Commander. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue.

Purpose To be used to remotely gain visual/audio data.

Authorized Use Use is established by the Incident Commander or on-duty Watch Commander. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 321 – Search and Seizure, and NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 10 years
Fiscal Impact No known annual maintenance cost.

Unmanned Aerial Vehicle
Category 1
Description DJI Phantom 3 Professional unmanned aerial vehicle (UAV) Initial Cost $1,449
Year Acquired 2016
Current Quantity 1
Description/Capabilities The Phantom 3 is a consumer-grade UAV that is battery powered and remote operated. The UAV controller uses an integrated smart device that allows the operator to control UAV and view live feed from the UAV-mounted 4K DGI camera. Flight time of
approximately 20-25 minutes per battery, depending on weather and flight conditions. Full specifications are available on the manufacturer’s product website: https://www.dji.com/phantom-3- pro
Purpose The UAV was purchased to evaluate a potential UAV program at the NBPD. The department has not implemented a program and does not deploy the UAV during critical incidents.

Authorized Use The UAV is only authorized to be used for testing purposes.

Expected Lifespan 10 years
Fiscal Impact No known annual maintenance cost.

3-12
66 Appendix A Newport Beach Police Department
Military Equipment Inventory

2 Unmanned Aerial Vehicle
Category 1
Description BRINC Responder unmanned aerial vehicle (UAV) Initial Cost $445,016
Year Acquired 2025
Current Quantity 6
Description/Capabilities The BRINC Responder is a UAV designed for emergency response, featuring a Full HD camera with 40x zoom, a 640px thermal sensor, and 4G teleoperation for remote control via a web browser. Its IPX4 water resistance enables use in light rain, and it includes two-way communication, emergency lights and siren, forward obstacle avoidance, a payload attachment rail, and mesh networking. With up to 42 minutes of flight time per battery, it delivers reliable performance for critical operations. Full specifications are available on the manufacturer’s product website:
https://brincdrones.com/responder/

Purpose The UAV was acquired to enhance the department's emergency response capabilities as part of the Drone as First Responder (DFR) program, providing advanced situational awareness during critical incidents. In addition to its role in the DFR initiative, it will also be deployed on patrol to support various operations as needed. The UAV will provide aerial overwatch to assist officers and incident commanders in situations including, but not limited to:

1. Response to emergency calls

2. Major collision investigations

3. Locating missing persons

4. Crime scene investigations

5. Natural disaster management

6. SWAT, tactical, or other public safety and life preservation operations.

7. In response to specific requests from local, state or federa l fire authorities for fire response and/or prevention.

Authorized Use Response to the situations described above by au thorized personnel who have successfully completed the required training and hold a valid FAA Part 107 Remote Pilot Certificate and in compliance with NBPD Policy 378 – Unmanned Aerial System Expected Lifespan Approximately 5 years
Fiscal Impact Annual Cost (includes all maintenance, hardware, software):

Year 2: $420,495
Year 3: $445,016
Year 4: $420,495
Year 5: $445,016

3-13
67 Appendix A Newport Beach Police Department
Military Equipment Inventory

3 Unmanned Aerial Vehicle
Category 1
Description BRINC Lemur 2 unmanned aerial vehicle (UAV) Initial Cost None (included in cost for BRINC Responder drones above) Year Acquired 2025
Current Quantity 1
Description/Capabilities The BRINC Lemur 2 is a commercial-grade UAV designed for interior and tactical use, offering advanced features for public safety operations. It is battery-powered, remotely operated, and equipped with a 4K camera, thermal imaging, and 3D LiDAR for real-time floor mapping. The integrated controller supports two-way communication with ultra-sensitive microphones and a lightweight loudspeaker, along with live feed viewing via 4G LTE. Built with a durable carbon fiber-reinforced frame, it includes a 180° gimbal, glass breaker, payload dropper, Turtle Mode for self-righting, and the ability to push open doors. With a flight time of up to 31 minutes per battery, it ensures reliable performance in critical missions. Full specifications are available on the manufacturer’s product website:
https://brincdrones.com/lemur-2/

Purpose The BRINC Lemur 2 is designed to support tactical operations and interior searches, providing advanced aerial overwatch to enhance situational awareness and officer safety. It is designed for use in a variety of critical scenarios, including interior searches, high-risk entries, building clearances, and other tactical situations where precision and reliability are essential.

Authorized Use Response to the situations described above by au thorized personnel who have successfully completed the required training and hold a valid FAA Part 107 Remote Pilot Certificate and in compliance with NBPD Policy 378 – Unmanned Aerial System Expected Lifespan Approximately 5 years
Fiscal Impact Annual cost is included with cost for BRINC Responder drones above (annual cost for the BRINC drone program noted above)

3-14
68 Appendix A Newport Beach Police Department
Military Equipment Inventory

4 Armored Personnel Carrier, Vehicle with Entry Apparatus Attached Category 2 & 3
Description 2014 Lenco BearCat G2 Armored Rescue Vehicle (ARV) Initial Cost $233,872
Year Acquired 2014
Current Quantity 1
Description/Capabilities The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community.

Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government.

The ARV is designed to provide ballistic protection during tactical events (designed to withstand multiple bullet strikes from small arms fire as well as low-level explosions). Equipped with emergency lights/siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations, and the deployment of officers. The ARV is a mutual-aid asset that has been requested and deployed to allied agencies in Orange County, including Irvine, Laguna Beach, Costa Mesa, and Tustin.

Purpose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific
circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 706 – Vehicle Use, and NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 15 years
Fiscal Impact Annual maintenance cost of approximately $2,500

3-15
69 Appendix A Newport Beach Police Department
Military Equipment Inventory

5 Command and Control Vehicles
Category 5
Description 2016 Freightliner 3500 Sprinter van, custom upfit by Farber Initial Cost $159,090
Year Acquired 2016
Current Quantity 1
Description/Capabilities The command post (CP) vehicle is a two-axle panel van with front doors, a sliding passenger side door, and rear doors. It is capable of being used as a mobile operations and dispatch center, as an auxiliary command vehicle during major incidents/events and as a negotiation/communication center by the Crisis Negotiations Team. The vehicle is painted white with no police graphics affixed to the exterior. The equipment housed in the vehicle includes, a negotiations control console and accessories, communications throw phone and cables, miscellaneous office supplies, tabletops, chairs, and storage space. The vehicle is also capable of transporting personnel and equipment.

Purpose To be utilized for critical incident callouts and major events.

Authorized Use The CP can used by employees who have been prope rly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 706 – Vehicle Use, and NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 10 years
Fiscal Impact Annual maintenance cost of approximately $1,000

Command and Control Vehicles
Category 5
Description 2003 Freightliner customized SWAT Van
Initial Cost $158,270
Year Acquired 2004
Current Quantity 1
Description/Capabilities The SWAT Van is a custom-built Freight liner van used as a command vehicle and for equipment storage and transportation. It is equipped with a desk and radio for dispatch and storage compartments for the different pieces of equipment used by SWAT (weapons, ammunition, 40mm launchers and projectiles, manual breaching tools, robot, ballistic vests, etc.).

Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.

Authorized Use The SWAT Van shall be used by officers trained i n their deployment and in a manner consistent with Department policy and training.

The driver of the vehicle shall have a valid California driver license.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 706 – Vehicle Use, and NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 12 years
Fiscal Impact Annual maintenance cost of approximately $2,500

3-16
70 Appendix A Newport Beach Police Department
Military Equipment Inventory

6 Command and Control Vehicles
Category 5
Description 2025 Braun Northwest North Star 234-5 Crisis Response Unit Command Vehicle
Initial Cost $382,625
Year Acquired To be delivered in 2026
Current Quantity 1 ordered
Description/Capabilities The North Star 234-5 Command Vehicle i s a Ford F-650 commercial truck chassis with ambulance-type box and custom configured compartments. The vehicle is for the use of the Crisis Response Unit (SWAT) as a command vehicle and to store and transport weapons and equipment. The vehicle will be configured to store the different pieces of equipment used by SWAT (weapons, ammunition, 40mm launchers and projectiles, manual breaching tools, robot, ballistic vests, etc.). The vehicle will also be equipped with radio equipment, monitors, white boards and other equipment needed to support its use a command vehicle.

Purpose To be used to store and transport Crisis Response Unit equipment and operate as a command post for managing critical incidents, large events, natural disasters or community events.

Authorized Use The North Star Command Vehicle shall be used by officers trained in its deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 706 – Vehicle Use, and NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 15 years
Fiscal Impact Annual maintenance cost of approximately $5,000

3-17
71 Appendix A Newport Beach Police Department
Military Equipment Inventory

7 Breaching Apparatus
Category 7
Description Remington 870 Breaching Shotgun.

Initial Cost Approximately $500 each
Year Acquired Approximately 2005
Current Quantity 2
Description/Capabilities This specialized shotgun allows office rs to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges.

The stand-off device that is attached to the end of the barrel allows for positive placement of the shotgun into the correct position and vents gases to prevent overpressure.

Purpose To safely gain entry into a structure.

Authorized Use Shotgun breaching may only occur after authoriza tion by the Incident Commander or SWAT Commander in the field, or during training exercises. Only officers trained in shotgun breaching are allowed to utilize this device. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 321 – Search and Seizure, and NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 25 years
Fiscal Impact No annual cost

Breaching Apparatus Ammunition
Category 7
Description Royal Arms TESCR #3, green cap 365 grain tactical shotgun round Initial Cost $5.00 per round
Year Acquired Continuously, beginning 17+ years ago
Current Quantity 40
Description/Capabilities Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The breaching rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure.

The powder is designed to dissipate after striking the lock throw in order to minimize entry into the target space for the safety of occupants and operators. Royal Arms TESCR #3 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists
Purpose Ammunition for Breaching Shotgun.

Authorized Use Shotgun breaching may only occur after authoriza tion by the Incident Commander or SWAT Commander in the field, or during training exercises. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 321 – Search and Seizure, and NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan Until expended
Fiscal Impact $4 per round. Annual cost between $0 and $200

3-18
72 Appendix A Newport Beach Police Department
Military Equipment Inventory

8 Specialized Firearms
Category 10
Description Heckler & Koch MP5 9mm submachine gun
Initial Cost Unknown (purchased over 30 years ago)
Year Acquired 1992 (estimated)
Current Quantity 8
Description/Capabilities The MP5 is a lightweight, air-cooled, selective fire, delayed blowback weapon with a roller-delayed bolt that fires a 9mm round.

The firearm is highly portable and is capable of accurately stopping an armed subject at various distances.

Purpose To be used as a hand held weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Authorized Use Only members that are POST certified are authorized to use a submachine gun. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 311 – Firearms Training and Qualifications, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 40 years
Fiscal Impact No annual cost

Specialized Firearms
Category 10
Description Colt M4 .223 caliber carbine rifle
Initial Cost $950
Year(s) Acquired 2002-2017
Current Quantity 5
Description/Capabilities The carbine rifle is a firearm, capabl e of accurately stopping an armed subject at various distances. It is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic and selective fire. The Colt M4 rifle can be used indefinitely and will need to be serviced or replaced when the rifle fails or breaks. The .223/5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.

Purpose To be used as hand held weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Authorized Use Only members that are POST certified are authorized to use a carbine rifle. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 311 – Firearms Training and Qualifications, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 25 years
Fiscal Impact No annual cost

3-19
73 Appendix A Newport Beach Police Department
Military Equipment Inventory

9 Specialized Firearms
Category 10
Description Bushmaster M4 .223 caliber carbine rifle
Initial Cost $825
Year(s) Acquired 2007-2012
Current Quantity 17
Description/Capabilities The carbine rifle is a firearm, capabl e of accurately stopping an armed subject at various distances. It is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic & selective fire. The Bushmaster M4 rifle can be used indefinitely and will need to be serviced or replaced when the rifle fails or breaks. The .223/5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.

Purpose To be used as hand held weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Expected Lifespan 25 years
Fiscal Impact No annual cost

Specialized Firearms
Category 10
Description Accuracy International .308 Winchester caliber precision rifle Initial Cost $5,945 to 6,445
Years(s) Acquired 2014-2020
Current Quantity 3
Description/Capabilities The Newport Beach Police Department SW AT Team is specifically trained and equipped to resolve potentially dangerous or hazardous incidents. The Sniper element of the SWAT Team deploys with .308 caliber precision rifles, which enable the stopping of an armed subject at a safe distance. The precision rifle can be used indefinitely and will need to be serviced or replaced when the rifle fails or breaks.

Purpose To be used as precision weapons to address a threat with more precision and/or at greater distances than a handgun, if present and feasible.

Authorized Use Only members that are POST certified are authorized to use a precision rifle. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 311 – Firearms Training and Qualifications, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 10-12 years
Fiscal Impact No annual cost

3-20
74 Appendix A Newport Beach Police Department
Military Equipment Inventory

10 Specialized Firearms
Category 10
Description Remington 700 .308 Winchester caliber precision rifle.

Initial Cost $4,464
Year Acquired 2013
Current Quantity 2
Description/Capabilities The Newport Beach Police Department SW AT Team is specifically trained and equipped to resolve potentially dangerous or hazardous incidents. The Sniper element of the SWAT Team deploys with .308 caliber precision rifles, which enable the stopping of an armed subject at a safe distance. The precision rifle can be used indefinitely and will need to be serviced or replaced when the rifle fails or breaks.

Purpose To be used as precision weapons to address a threat with more precision and/or at greater distances than a handgun, if present and feasible.

Expected Lifespan 10-12 years
Fiscal Impact No annual cost

Specialized Firearms
Category 10
Description LWRC REPR .308 Winchester caliber precision rifle Initial Cost $5,943
Year Acquired 2015
Current Quantity 1
Description/Capabilities The Newport Beach Police Department SW AT Team is specifically trained and equipped to resolve potentially dangerous or hazardous incidents. The Sniper element of the SWAT Team deploys with .308 caliber precision rifles, which enable the stopping of an armed subject at a safe distance. The precision rifle can be used indefinitely and will need to be serviced or replaced when the rifle fails or breaks.

Purpose To be used as precision weapons to address a threat with more precision and/or at greater distances than a handgun, if present and feasible.

Expected Lifespan 10-12 years
Fiscal Impact No annual cost

3-21
75 Appendix A Newport Beach Police Department
Military Equipment Inventory

11 Specialized Firearms
Category 10
Description DTA SRS .308 Winchester caliber precision rifle Initial Cost $5,825
Year Acquired 2015
Current Quantity 1
Description/Capabilities The Newport Beach Police Department SW AT Team is specifically trained and equipped to resolve potentially dangerous or hazardous incidents. The Sniper element of the SWAT Team deploys with .308 caliber precision rifles, which enable the stopping of an armed subject at a safe distance. The precision rifle can be used indefinitely and will need to be serviced or replaced when the rifle fails or breaks.

Purpose To be used as precision weapons to address a threat with more precision and/or at greater distances than a handgun, if present and feasible.

Expected Lifespan 10-12 years
Fiscal Impact No annual cost

Specialized Firearms Ammunition
Category 10
Description Hornady .308 Winchester 168 grain, A-Max TAP cartridge Initial Cost $231 per 200 round case
Year Acquired Continuously beginning 5 years ago
Current Quantity 3,000 (approximate current inventory)
Description/Capabilities The .308 Winchester (.308 WIN) cartridge is a rimless, bottlenecked rifle cartridge used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects. The 168 grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target.

Purpose The Hornady .308 WIN 168 grain, A-Max TAP cartridge is deployed during potential lethal encounters at longer distances.

Authorized Use Only members that are POST certified are authorized to use a precision rifle and this ammunition. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 311 – Firearms Training and Qualifications, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan Until expended
Fiscal Impact $0 to $3,700 annually, depending on usage

3-22
76 Appendix A Newport Beach Police Department
Military Equipment Inventory

12 Specialized Firearms Ammunition
Category 10
Description Hornady .308 Winchester 168 grain, GMX TAP cartridge Initial Cost $231 per 200 round case
Year Acquired Continuously, beginning 5 years ago
Current Quantity 200
Description/Capabilities The .308 WIN cartridge is a rimless, b ottlenecked rifle cartridge used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects.

Purpose The Hornady .308 WIN 165 grain, GMX TAP Heavy Barrier cartridge is deployed during potential lethal encounters at longer distances. The GMX bullet penetrates heavy barriers while still delivering terminal performance through heavy barriers.

Expected Lifespan Until expended
Fiscal Impact $0 to $3,700 annually, depending on usage

Flashbang Grenades
Category 12
Description Combined Tactical Systems CTS 7290 NFDD
Initial Cost $72 each
Year Acquired Continuously, beginning 5 years ago
Current Quantity 20
Description/Capabilities A Noise Flash Diversionary Devices (NF DD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.

Purpose To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use Diversionary Devices shall only be used:
 By SWAT officers trained in their proper use.
 In hostage and barricaded subject situations.
 In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
 During other high-risk situations where their use would enhance officer safety.
 During training exercises.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 408 – Crisis Response Unit.
3-23
77 Appendix A Newport Beach Police Department
Military Equipment Inventory

13 Expected Lifespan 5 years
Fiscal Impact Annual cost between $0 - $1,666, depending on usage

Flashbang Grenades
Category 12
Description Combined Tactical Systems CTS 7290M NFDD
Initial Cost $34 each
Year Acquired Continuously, beginning 5 years ago
Current Quantity 11
Description/Capabilities A Noise Flash Diversionary Devices (NF DD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations
Purpose To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a tactical advantage.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 5 years
Fiscal Impact Annual cost between $0 - $376, depending on usage

Flashbang Grenades
Category 12
Description Combined Tactical Systems CTS 7290-9 NFDD
Initial Cost $55 each
Year Acquired Continuously, beginning 5 years ago
Current Quantity 4
Description/Capabilities A Noise Flash Diversionary Devices (NF DD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations
3-24
78 Appendix A Newport Beach Police Department
Military Equipment Inventory

14 Purpose To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a tactical advantage.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 5 years
Fiscal Impact Annual cost between $0 - $276, depending on usage

Flashbang Grenades
Category 12
Description Liberty Dynamic NFDD
Initial Cost $175 each
Year Acquired Upon City Council approval - 2024
Current Quantity 1
Description/Capabilities A Noise Flash Diversionary Devices (NF DD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations
Purpose To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a tactical advantage.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 5 years
Fiscal Impact Annual cost between $0 - $300, depending on usage

3-25
79 Appendix A Newport Beach Police Department
Military Equipment Inventory

15 Tear Gas
Category 12
Description Combined Tactical Systems CTS 5230 CS Canister Grenade Initial Cost $51 each
Year Acquired Continuously, beginning 5+ years ago
Current Quantity 50
Description/Capabilities Large diameter burning canister that discharges a high volume of smoke and chemical agent through multiple emission ports.

Specifically for outdoor use. Can be hand thrown or launched.

Discharge duration can reach up to 40 seconds. Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Newport Beach Police Department uses chemical agents that are used by law enforcement across the United States: CS (2- Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
 Self-destructive, dangerous and/or combative individuals.  Riot/crowd control and civil unrest incidents.
 Circumstances where a tactical advantage can be obtained.  Potentially vicious animals.
 Training exercises or approved demonstrations.

Authorized Use Only officers who have received POST certificati on in the use chemical agents are authorized to use chemical agents. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 5 years
Fiscal Impact Between $0 and $1,752 annually, depending on usage

Tear Gas
Category 12
Description Combined Tactical Systems CTS 5230B CS Baffled Canister Grenade
Initial Cost $51 each
Year Acquired Continuously, beginning 5+ years ago
Current Quantity 17
Description/Capabilities Pyrotechnic grenade designed for indoo r use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Newport Beach Police Department uses chemical agents that are used by law enforcement across the 3-26
80 Appendix A Newport Beach Police Department
Military Equipment Inventory

16 United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Expected Lifespan 5 years
Fiscal Impact Between $0 and $1,752 annually, depending on usage

Tear Gas
Category 12
Description Combined Tactical Systems CTS 6340 OC Vapor Grenade Initial Cost $26 each
Year Acquired Continuously, beginning 5+ years ago
Current Quantity 9
Description/Capabilities This grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Newport Beach Police Department uses chemical agents that are used by law enforcement across the United States: CS (2- Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Authorized Use Only officers who have received POST certificati on in the use chemical agents are authorized to use chemical agents. All other applicable NBPD policies remain in effect, to include, but not limited 3-27
81 Appendix A Newport Beach Police Department
Military Equipment Inventory

17 to, NBPD Policy 300 – Use of Force, NBPD Policy 408 – Crisis Response Unit.

Expected Lifespan 5 years
Fiscal Impact Between $0 and $263 annually, depending on usage

Tear Gas
Category 12
Description Defense Technology MK9 Stream OC Aerosol
Initial Cost $44 each
Year Acquired Continuously, beginning 15+ years ago
Current Quantity 3
Description/Capabilities The MK-9 features an easy to use trigg er handle, is intended for use in crowd management and will deliver 14 short bursts of OC at an effective range of 18-20 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target-specific, strong concentrated stream for greater standoff. Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Newport Beach Police Department uses chemical agents that are used by law enforcement across the United States: CS (2- Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Expected Lifespan 5 years
Fiscal Impact Between $0 and $132 annually, depending on usage

Tear Gas
Category 12
Description Combined Tactical Systems CTS 4330 – CS Liquid 40mm projectile Initial Cost $23 each
Year Acquired Continuously, beginning 5+ years ago
Current Quantity 18
3-28
82 Appendix A Newport Beach Police Department
Military Equipment Inventory

18 Description/Capabilities Liquid CS filled 40mm projectile penet rates intermediate barriers and delivers irritant agents into an adjacent room. Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Newport Beach Police Department uses chemical agents that are used by law enforcement across the United States: CS (2- Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Expected Lifespan 5 years
Fiscal Impact Between $0 and $453 annually, depending on usage.

Tear Gas
Category 12
Description Defense Technology 6320 – Direct Impact 40mm Crushable Foam Round.

Initial Cost $31 each
Year Acquired Continuously, beginning 10+ years ago
Current Quantity 12
Description/Capabilities The 40mm Direct Impact munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Newport Beach Police Department uses chemical agents that are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes). 3-29
83 Appendix A Newport Beach Police Department
Military Equipment Inventory

19 Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
 Self-destructive, dangerous and/or combative individuals.  Riot/crowd control and civil unrest incidents.
 Circumstances where a tactical advantage can be obtained.  Potentially vicious animals.
 Training exercises or approved demonstrations.

Expected Lifespan 5 years
Fiscal Impact Between $0 and $266 annually, depending on usage.

Tear Gas
Category 12
Description CTS 4557 – Direct Impact 40mm Crushable Foam Round Initial Cost $31 each
Year Acquired Upon City Council approval - 2024
Current Quantity 12
Description/Capabilities The 40mm Direct Impact munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation. Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Newport Beach Police Department uses chemical agents that are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

20 Expected Lifespan 5 years
Fiscal Impact Between $0 and $266 annually, depending on usage.

Tear Gas
Category 12
Description CTS 4340 – 40MM Ferret OC Barricade Penetrating Projectile, Liquid
Initial Cost $30 each
Year Acquired Upon City Council approval - 2024
Current Quantity 8
Description/Capabilities

The Ferret 40mm Round is non-burning and suitable for indoor use.

Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or
incapacitation of potentially violent or dangerous subjects.

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non- lethal tool to disperse rioting suspects and on barricaded suspects.

The Newport Beach Police Department uses chemical agents that are used by law enforcement across the United States: CS (2- Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Expected Lifespan 5 years
Fiscal Impact Between $0 and $113 annually, depending on usage

3-31
85 Appendix A Newport Beach Police Department
Military Equipment Inventory

21 Tear Gas
Category 12
Description Defense Technology 1290 – 40MM Ferret OC Barricade Penetrating Projectile, Powder
Initial Cost $15 each
Year Acquired Continuously, beginning 10+ years ago
Current Quantity 3
Description/Capabilities The Ferret 40 mm Barricade Penetrating Round is filled with an OC powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. Primarily used by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the agent payload inside a structure or vehicle. Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Newport Beach Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects. The Newport Beach Police Department uses chemical agents that are used by law enforcement across the United States:

CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC is an inflammatory agent that causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Expected Lifespan 5 years
Fiscal Impact Between $0 and $44 annually, depending on usage.

PepperBall Launcher
Category 12
Description PepperBall FTC pepperball launcher
Initial Cost $412 each
Year Acquired 2021
Current Quantity 8
3-32
86 Appendix A Newport Beach Police Department
Military Equipment Inventory

22 Description/Capabilities The FTC pepperball launcher is a syste m that uses high pressure air to deliver PAVA powder projectiles (similar to a paint ball delivery system). System capable of launching projectiles at a subject up to 60 feet away. System capable of area saturation up to 160 feet away. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-escalation tool used to avoid further injuries or lethal options on a subject.

Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
 Self-destructive, dangerous and/or combative
individuals.
 Riot/crowd control and civil unrest incidents.
 Circumstances where a tactical advantage can be
obtained.
 Potentially vicious animals.
 Training exercises or approved demonstrations.

Authorized Use Only those officers who have been trained in the use of pepperball launchers are authorized to use the pepperball launchers. All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force.

Expected Lifespan 10 years
Fiscal Impact Between $0 and $1,500 annually, depending on usage

PepperBall Launcher Projectile
Category 12
Description PepperBall LIVE X projectile
Initial Cost $237 per 90 rounds
Year Acquired 2021
Current Quantity 500
Description/Capabilities The basic PepperBall projectile contai ns 0.5% pepper powder, and is designed for direct impact and area saturation. Discharged from a FTC pepperball launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60 feet and an area of saturation of 150+ feet. The projectile contains 0.5% PAVA Powder.

23 Expected Lifespan 1 year
Fiscal Impact Between $0 and $1,318 annually, depending on usage.

Projectile Launch Platforms
Category 14
Description Defense Technology 40LMTS Tactical 40mm Single Launcher Initial Cost $856 each
Year Acquired Beginning 15+ years ago.

Current Quantity 38
Description/Capabilities The 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. The 40mm launcher is not a firearm, but a less-lethal system that uses smokeless powder to deliver 40mm projectiles from a safe distance. The less-lethal launcher is capable of launching 40mm munitions at a subject up to 25 yards away. This less-lethal launcher is a single launcher, which allows the Officer to assess after every spent munition. Less-lethal launchers do not have an expiration date and will need to be serviced or replaced when the launcher fails or breaks.

Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use Situations for use of the less lethal weapon sys tems may include, but are not limited to:
 Self-destructive, dangerous and/or combative individuals.  Riot/crowd control and civil unrest incidents.
 Circumstances where a tactical advantage can be obtained.  Potentially vicious animals.
 Training exercises or approved demonstrations.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force.

Expected Lifespan 25 years
Fiscal Impact Between $0 and $1,000 annually, depending on usage.

Projectile Launch Platforms
Category 14
Description Penn Arms PG5 40 mm Multi Launcher
Initial Cost $3,336 each
Year Acquired 10+ years ago
Current Quantity 2
Description/Capabilities The 40mm launcher is a less-lethal sys tem that uses smokeless powder to deliver 40MM projectiles from a safe distance. This piece of equipment features a six-shot, revolving cylinder pump mechanism capable of firing multiple rounds before reloading is 3-34
88 Appendix A Newport Beach Police Department
Military Equipment Inventory

24 necessary. The less-lethal launchers do not have an expiration date and will need to be serviced or replaced when the launcher fails or breaks.

Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force.

Expected Lifespan No expiration
Fiscal Impact Between $0 and $8,550 annually, depending on usage

Projectile Launcher Associated Munitions
Category 14
Description Defense Technology eXact iMpact 40MM Standard Range Sponge Round
Initial Cost $34 per round
Year Acquired Continuously, beginning15+ years ago
Current Quantity 200
Description/Capabilities The eXact iMpact 40 mm Sponge Round is a point-of-aim, point-of- impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for crowd control, patrol, and tactical applications. The munition is used as a less-lethal device designed to de-escalate a potentially violent encounter.

Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force.

Expected Lifespan 5 years
Fiscal Impact Between $0 and $6,800 annually, depending on usage

3-35
89 Appendix A Newport Beach Police Department
Military Equipment Inventory

25 Projectile Launcher Associated Munitions
Category 14
Description Defense Technology 6326 – Direct Impact 40mm Marking Crushable Foam Round
Initial Cost $31 each
Year Acquired Continuously, beginning 10+ years ago
Current Quantity 4
Description/Capabilities The 40mm Direct Impact munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with a green marking agent, the Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground.

Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable and to clearly indicate individuals committing or instigating unlawful activities.

All other applicable NBPD policies remain in effect, to include, but not limited to, NBPD Policy 300 – Use of Force.

Expected Lifespan 5 years
Fiscal Impact Between $0 and $263 annually, depending on usage

3-36
90 4-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 11, 2025
Agenda Item No. 4
ABSTRACT:

For the City Council’s consideration is the adoption of Ordinance No. 2025-3, 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 ordinance was introduced and considered at the City Council’s February 25, 2025, regular meeting.

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) Conduct second reading and adopt 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 the Memorial Day and Labor Day Holidays by Amending Section 1.04.060 (Safety Enhancement Zone), Chapter 10.58 (Poli ce 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.

DISCUSSION:

At its February 25, 2025, meeting, the City Council introduced and passed to seco nd reading Ordinance No. 2025 -3: 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 Holidays.

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.

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
91 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
March 11, 2025

Page 2 ends

4-2

The proposed Safety Enhancement Zone in Corona del Mar area mirrors Newport Beach Police Department Reporting District 44 of Area 4 as depicted in Figure 1 below . The designation includes Pirate’s Cove, Corona del Mar State Beach, and Little Corona.

Figure 1
The attached ordinance also extends the Safety Enhancement Zone in West Newport to cover Memorial Day and Labor Day in addition to the Fourth of July.

Communication to Residents

The City of Newport Beach will notify residents within the Safety Enhancement Zone s before the three holidays . Letters 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 property (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.

If adopted, the ordinance would become effective on April 10, 2025.

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 a ccount 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.
92 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
March 11, 2025

Page 3 ends

4-3

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).

ATTACHMENT:

Attachment A – Ordinance No. 2025-3
93 ATTACHMENT A
4-4
94 4-5
95 4-6
96 4-7
97 4-8
98 4-9
99 4-10
100
4-11
101
4-12
102
4-13
103
From: Denys Oberman
To: Joe Stapleton; city
Cc: City Clerk"s Office; Maureen Cotton; [email protected]; Fred Levine; BOB YANT; Gary Cruz; Laura Curran Subject: Comments re Expansion of Safety Enhancement Zone area and Enforcement- Fot the public record Date: March 07, 2025 4:32:14 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Report phish using the Phish Alert Button above.

PLEASE DISTRIBUTE THESE COMMENTS TO THE MAYOR AND EACH COUNCIL MEMBER AND ENTER INTO THE PUBLIC RECORD.

RE. City Council Session of March 11, 2025- Item 4. On the Agenda Consent Calendar re.

Mayor Stapleton, Mayor Protem Kleiman and Members of the Council:

We understand that the City Council is bringing forward an Ordinance regarding Expansion of the Safety Enhancement Zone and Increased Enforcement Measures during designated holidays.

We support the idea of increasing the geographic scope and enforcement measures--- long overdue and much needed and appreciated.

As residents in the Central Balboa Peninsula and Peninsula Point, we assume that the City will afford the same level of service and protection to these residential communities as it proposes to extend to Corona del Mar and West Newport.

We request the City’s public clarification and confirmation that it will provide the same level of service and protection to Central Balboa Peninsula and Peninsula Point ,including the consistent and equitable application of the proposed amended Ordinance to the above-mentioned impacted residential communities.

Thank you for your consideration and service.

Denys Oberman
Oceanfront resident and Community Stakeholder
……………………………………………………………………………………….
( please disregard the confidentiality notice,below)
………………………………………………………………………………………………………
Received After Agenda Printed
March 11, 2025
Agenda Item No. 4
104
Denys H. Oberman, CEO
OBERMAN Strategy and Financial Advisors
19200 Von Karman Avenue, 6th Floor
Irvine, CA 92612
Tel (949) 476-0790
Cell (949) 230-5868
Fax (949) 752-8935
Email: [email protected]
CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at
949/476-0790 or the electronic address above, to arrange for the return of the document(s) to us.

Regards,
105
March 11, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 271 ends

Scarbrough’s previous comments regarding her and Mr. Klobe’s GPAC appointments and thought the discussion regarding the Council Aviation Ad Hoc Committee (Item 5) was less than enlightening.”

Page 274 ends

to distortions and site sight line issues as the screen size increases.”

Page 274 ends

0.08%. It would be clearer to say “Director Webb clarified that the 0.8% of cost overrun compared to the 10% of the contingency allowance is correctly stated.”]

Page 274 ends

Received After Agenda Printed
March 11, 2025
Written Comments
106
March 11, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 In fact, although titled differently, the text under this item is identical to that appearing under “IX.

NOTICE

THE

PUBLIC”

which

makes

appear

notice

than

invitation

comment.

If that is its purpose, it would seem the notice should be given before Item “II. CURRENT BUSINESS”

since

the

public

must

allowed

comment

least

some

those

items

(for

example,

Item

“SS5.

Capital

Improvement

Program

(CIP)

Early

Look”),

yet

will

not

have

been

told

what

the

rules

are

prior

their

opportunity.

Item 4. Ordinance No. 2025-3: Designating a Portion of Corona del Mar as

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
The description of the boundaries of the proposed Corona del Mar Safety Enhancement Zone were

revised

shortly

before

the

introduction

this

ordinance

was

introduced

February

25. While the more precise definition (similar to the Police Department Reporting District 44 illustrated

Figure

1 on

page

4-2

the

staff

report)

proposed

page

4-9

the

ordinance

appreciated,

puzzling

that

both

mention

the

intended

zone

“
shall

include

Pirate's

Cove,

Corona

del

Mar

State

Beach,

and

Little

Corona

Beac
h,”

but

not

mention

China

Cove

Beach,

even

though

China

Cove

Beach

clearly

within

the

area

described

the

text.

Additionally, it is not clear the City has a clearly defined boundary to “Little Corona Beach,” which,

according

Figure

1 of

the

staff

report,

the

neighboring

Police

Department

Reporting

District

45. It

term

that

does

not

seem

appear

anywhere

else

the

Municipal

Code.

All this said, I continue to think the increased days and areas of the proposed safety enhancement

zones

place

increased

burden

City

staff

and

citizens

that

not

justified

sufficient

evidence

need

for

the

action.

Item 5. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code

Update

Administrative

Procedures

Good

Cause

Determinations

and

the

Extension

Deadlines

for

Short-Term

Lodging

Permits
Although not clearly explained in the staff report, I believe this ordinance is being proposed as an

administrative

alternative

persons

making

appeals

the

City

Council.

Setting aside the merits of that choice,I have two problems with the proposed implementation. First, a significant operative part of the scheme is buried in a portion of the ordinance that will not

codified,

result

which,

most

the

public

reading

the

proposed

code

(pages

5-21

and

5-22)

will

not

know

exists.

Specifically,

the

proposed

ordinance

contains

(uncodified)

Section

7 saying

“
The

Finance

Director

hereby

authorized

retroactively

extend

deadlines

provided

Sections

2 through

5 of

this

ordinance

upon

determination

the

Finance

Director

that

good

cause

has

been

shown

so
.”

107
March 11, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 Not only would this apply, contrary to what it says, to only Section 2, 3 and 5 (not 4), but I can think

reason

this

should

not

included

the

codified

text

those

sections.

accomplish

that,

the

three

sections

where

proposed

appear,
1 the

following

phrase

could

simply

modified

to:

“...

the

Finance

Director

determines

that

good

cause

has

been

shown

for

extending

the

apply

the

entire

municipal

code,

rather

than

just

short

term

lodging

matters,

don’t

think

wise.

The reason it is not wise is that what “good cause” means depends on the context, and the conditions

that

constitute

“good

cause”

for

missing

short

term

lodging

permit

deadline

may

quite

different

from

what

constitutes

“good

cause”

some

other

circumstance,

such

terminating

employee

permit

“for

good

that

purports

apply

“
Unless

specific

definition

provided

the

context

which

they

are

used

clearly

requires

otherwise
”

seems

only

add

confusion

and

uncertainty.

work

the

STL

chapter,

but

not

alter

its

(possibly

quite

different)

intent

the

others.

As to the merits of this ordinance,I believe the deadlines were enacted to emphasize that having a

short

term

lodging

permit

privilege,

not

right;

and

limited

privilege

for

which

there

long

waiting

list

possibly

responsible

people

seeking

the

privilege.

While the proposed code specifies the circumstances under which the Director “ may ” excuse a missed

STL

permit

deadline,

not

all

clear

the

circumstances

under

which

she

should

choose

not

so.

For

example,

there

may

complaints

that

the

applicant,

although

having

“good

cause”

miss

the

deadline,

also

bad

operator

for

whom

leniency

should

not

considered.

And

those

circumstances

might

not

surface

without

formal

public

hearing.

That

would

argue

for

appeal

the

Council

being

better

solution

what

seem

the

rare

circumstances

which

deadlines

are

missed.

Regarding defined words in general in our Municipal Code, it should be noted that, at present, readers

have

easy

way

tell

they

are

encountering

word

with

special

definition

within

the

code

one

that

intended

read

with

its

common

meaning.

A solution to this is for the vendor codifying the ordinances to display the defined words in a special

typeface

(such

italics

underlined)

and

provide

links

the

definitions.

2 Subsection

5.95.030.F

already

gives

the

Director

authority

extend

certain

STL

deadlines,

but

does

not

say

that

authority

retroactive.

Nothing

the

present

ordinance

changes

that.

Was

this

intentional?

1 To be sure, while this phrase appears in Section 3 (on page 5-13) and Section 5 (on page 5-14), in Section

2 (on

page

5-12)

appears

“
to

extend

the

deadline
”

instead

“
for

extending

the

deadline
.”

can

think

reason

for

the

different

phrasing.

108
March 11, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Here is example, from the Snohomish County (WA) code, which is maintained by the same vendor as ours, but using a slightly different platform:

Pointing the mouse at the words with dotted underlines pops up a copy of the section defining the

term

(while,

our

code,

clicking

word

with

solid

underline

links

the

referenced

code

section).

Item 6. Resolution No. 2025-11: Waiving Section A.1. of City Council Policy

B-13

Allow

for

Alcoholic

Beverages

Charity

Polo

Event

Held

Peninsula

Park,

and

Repeal

Resolution

No.

2024-14
Since Newport Beach attempts to enforce an absence of alcohol on its beaches, I do not think it sets

good

example

allow

alcohol

event

beach-adjacent

park.

That

appears

set

double

standard.

That said, if a majority of the Council wants to allow this, I don’t see the need for a new resolution

repeal

the

former

one.

The existing Resolution No. 2024-14 appears to grant an indefinite, blanket waiver for the “Charity

Polo

Event

held

Peninsula

Park.”

While

references

the

“Newport

Beach

Foundation”

the

most

recent

and

likely

future

operator,

does

not

seem

limited

that.

waiver

being

indefinite.

If the intent is that the future validity of the waiver be contingent upon “the Event” being a charity event,

then

think

should

say

so.

And since the request is only for service of beer and wine, I think the resolution should include that

limitation.

Both of those conditions would improve upon what is proposed.

109
March 11, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 Item 9. Approval of On-Call Maintenance and Repair Services Agreement

for

Roll-Up

Doors

and

Gates

with

Excel

Door

Gate

Company,

Inc.

Door?

addition

that?

Item 10. Amendment No. One to Purchase and License Agreement with

Systems

Canada,

Inc.

for

Multi-Space

Pay

Stations
It would seem reasonable to ask if, when the existing pay stations were originally purchased, there

was

expectation

they

would

only

last

for

ten

years?

And

the

new

“more

reliable”

ones

are

expected

have

any

longer

useful

life?

and

the

Newport

Theatre

Arts

Center.

place

any

restrictions

how

the

grants

will

used,

and

unclear

the

Commission

has

done

so.

For

example,

how

expensive

attendance

the

proposed

events

might

and

whether

the

grants

would

used

reduce

ticket

costs

for

some

other

purpose.

Indeed,

seems

completely

open-ended

whether

the

grantees

would

even

presenting

program

offering

some

other

kind

“service.”
Wouldn’t some clearer guidance be useful?
Item 13. Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance

No.

2022-8

Removing

Sunset

Date

April

21,

(sub)

Section

105.3.4,

especially

since

there

not

even

footnote

that

code

110
March 11, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 mentioning the existence of Ordinance No. 2022-8. And according to the codifier’s Ordinance List, Ordinance No. 2022-8 has already been “Repealed by 2022-26.” Since Ordinance No. 2022-26 says it completed deleted and replaced Chapter 15.02, including (sub) Section 105.3.4, and in enacting the present provisions, itself appears to contain no sunset

language,

would

seem

that

sunset

clause

Ordinance

No.

2022-8

irrelevant,

and

nothing

about

expire.

In that case, no action is necessary, unless the current (sub) Section 105.3.4 enacted by Ordinance

No.

2022-26

different

from

the

one

the

Building

Official

sees

Ordinance

No.

2022-8

and

wants

continue

following.

As best I can tell, there is no difference, and no action is needed.

Item XVII. CLOSED SESSION The Brown Act requires the public be given an opportunity to comment regarding the items listed

under

this

heading

the

agenda

before

the

Council

considers

them.

Since the former opportunity for this public comment has been moved from its position immediately

preceding

the

closed

session

the

agenda

template

specified

City

Council
Policy A-1, it seems important for the Mayor to invite comment after the CIty Attorney has announced the closed session topics.

111

5-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 11, 2025
Agenda Item No. 5

ABSTRACT:

At its February 1, 2025 meeting, the Newport Beach City Council held a straw poll and directed staff to draft an ordinance authorizing the finance director to extend short -term lodging permit deadlines in cases of hardship.

Ordinance No. 2025-4 proposes amendments to various provisions of the Newport Beach Municipal Code to authorize the finance director to extend deadlines for short -term lodging permit applications, transfers, suspensions and revocations upon fin ding "good cause," which includes unforeseen circumstances such as medical emergencies, natural disasters, administrative errors, or events beyond the applicant’s control.

RECOMMENDATIONS:
a) Determine this action is exempt from 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 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, introdu ce Ordinance No. 2025-4, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 1.08.120 (Definitions) of Title 1 (General Provisions), Section

5.95.042 (Maximum Number of Permits), Section 5.95.043 (Transfer of Permit ), and Section 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short -Term Lodging Permit) of Title 5 (Business Licenses and Regulations) of the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations an d the Extension of Deadlines , and pass to second reading on March 25, 2025.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jason Al-Imam, Finance Director/Treasurer - 949-644-3126, [email protected]
PREPARED BY: Jason Al-Imam, Finance Director/Treasurer
TITLE: Ordinance No. 202 5-4: Amending the Newport Beach Municipal Code to Update Administrative Procedures Related to Good Cause Determinations and the Extension of Deadlines for Short -Term Lodging Permits
112
Amending the Municipal Code to Update Administrative Procedures for Good Cause Determinations and the Extension of Deadlines for Short-Term Lodging Permits March 11, 2025

Page 2 ends

5-2
DISCUSSION:

On February 1, 2025, Mayor Joe Stapleton and Councilmember Noah Blom suggested that the City Council consider authorizing the finance director to grant deadline extensions for short-term lodging permits in cases of hardship . The Council voted 7 -0, via a straw poll, in favor of staff bringing forward an item for its consideration.

The proposed ordinance authorizes the finance director to grant a waiver for “good cause” to extend deadlines in the following cases:

1. Deadlines for Applications from the Waiting List (Section 5.95.042(D)) – The finance director may extend the deadline for individuals on the waiting list to file an application for a short -term lodging perm it upon determining that good cause exists.

2. Transfer of Permit Deadlines (Section 5.95.043(B)) – The finance director may extend the deadline to file an application for transferring a valid short-term lodging permit upon finding good cause.

3. Suspension and Revocation Deadlines (Section 5.95.065(E)) – The finance director may extend deadlines related to the suspension or revocation of a permit if a waiver for good cause is granted.

4. Retroactive Extensions (Section 7 of the Ordinance) – The finance director may retroactively extend deadlines covered by the ordinance upon determining that a waiver for good cause is warranted.

The ordinance defines “good cause” as substantial evidence of unusual or unforeseen circumstances that justify the requested action. Such c ircumstances include, but are not limited to, medical emergencies, delays caused by events beyond the applicant’s control, natural disasters, weather -related delays, administrative errors, or health and safety concerns.

FISCAL IMPACT:

The City of Newport Beach may incur costs related to the administration of hearings if the City allows for the extension of deadlines related to the transfer, suspension and revocation of short-term lodging permits. The fiscal impact is expected to be nominal and can be absorbed within the existing budget.

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 reason ably 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. 113
Amending the Municipal Code to Update Administrative Procedures for Good Cause Determinations and the Extension of Deadlines for Short-Term Lodging Permits March 11, 2025

Page 3 ends

5-3

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).

ATTACHMENTS:

Attachment A - Ordinance No. 2025-4
Attachment B - Redlined Changes to the Code

114
Attachment A
Ordinance No. 2025-4
5-4
115
4 5-5
116
5-6
117
5-7
118
5-8
119
5-9
120
5-10
121
5-11
122
5-12
123
5-13
124
5-14
125
5-15
126

Attachment B
Redlined Changes to the Code

5-16
127
5-17
128
5-18
129
5-19
130
5-20
131
5-21
132
5-22
133
March 11, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 271 ends

Scarbrough’s previous comments regarding her and Mr. Klobe’s GPAC appointments and thought the discussion regarding the Council Aviation Ad Hoc Committee (Item 5) was less than enlightening.”

Page 274 ends

to distortions and site sight line issues as the screen size increases.”

Page 274 ends

0.08%. It would be clearer to say “Director Webb clarified that the 0.8% of cost overrun compared to the 10% of the contingency allowance is correctly stated.”]

Page 274 ends

Received After Agenda Printed
March 11, 2025
Written Comments
134
March 11, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 In fact, although titled differently, the text under this item is identical to that appearing under “IX.

NOTICE

THE

PUBLIC”

which

makes

appear

notice

than

invitation

comment.

If that is its purpose, it would seem the notice should be given before Item “II. CURRENT BUSINESS”

since

the

public

must

allowed

comment

least

some

those

items

(for

example,

Item

“SS5.

Capital

Improvement

Program

(CIP)

Early

Look”),

yet

will

not

have

been

told

what

the

rules

are

prior

their

opportunity.

Item 4. Ordinance No. 2025-3: Designating a Portion of Corona del Mar as

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
The description of the boundaries of the proposed Corona del Mar Safety Enhancement Zone were

revised

shortly

before

the

introduction

this

ordinance

was

introduced

February

25. While the more precise definition (similar to the Police Department Reporting District 44 illustrated

Figure

1 on

page

4-2

the

staff

report)

proposed

page

4-9

the

ordinance

appreciated,

puzzling

that

both

mention

the

intended

zone

“
shall

include

Pirate's

Cove,

Corona

del

Mar

State

Beach,

and

Little

Corona

Beac
h,”

but

not

mention

China

Cove

Beach,

even

though

China

Cove

Beach

clearly

within

the

area

described

the

text.

Additionally, it is not clear the City has a clearly defined boundary to “Little Corona Beach,” which,

according

Figure

1 of

the

staff

report,

the

neighboring

Police

Department

Reporting

District

45. It

term

that

does

not

seem

appear

anywhere

else

the

Municipal

Code.

All this said, I continue to think the increased days and areas of the proposed safety enhancement

zones

place

increased

burden

City

staff

and

citizens

that

not

justified

sufficient

evidence

need

for

the

action.

Item 5. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code

Update

Administrative

Procedures

Good

Cause

Determinations

and

the

Extension

Deadlines

for

Short-Term

Lodging

Permits
Although not clearly explained in the staff report, I believe this ordinance is being proposed as an

administrative

alternative

persons

making

appeals

the

City

Council.

Setting aside the merits of that choice,I have two problems with the proposed implementation. First, a significant operative part of the scheme is buried in a portion of the ordinance that will not

codified,

result

which,

most

the

public

reading

the

proposed

code

(pages

5-21

and

5-22)

will

not

know

exists.

Specifically,

the

proposed

ordinance

contains

(uncodified)

Section

7 saying

“
The

Finance

Director

hereby

authorized

retroactively

extend

deadlines

provided

Sections

2 through

5 of

this

ordinance

upon

determination

the

Finance

Director

that

good

cause

has

been

shown

so
.”

135
March 11, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 Not only would this apply, contrary to what it says, to only Section 2, 3 and 5 (not 4), but I can think

reason

this

should

not

included

the

codified

text

those

sections.

accomplish

that,

the

three

sections

where

proposed

appear,
1 the

following

phrase

could

simply

modified

to:

“...

the

Finance

Director

determines

that

good

cause

has

been

shown

for

extending

the

apply

the

entire

municipal

code,

rather

than

just

short

term

lodging

matters,

don’t

think

wise.

The reason it is not wise is that what “good cause” means depends on the context, and the conditions

that

constitute

“good

cause”

for

missing

short

term

lodging

permit

deadline

may

quite

different

from

what

constitutes

“good

cause”

some

other

circumstance,

such

terminating

employee

permit

“for

good

that

purports

apply

“
Unless

specific

definition

provided

the

context

which

they

are

used

clearly

requires

otherwise
”

seems

only

add

confusion

and

uncertainty.

work

the

STL

chapter,

but

not

alter

its

(possibly

quite

different)

intent

the

others.

As to the merits of this ordinance,I believe the deadlines were enacted to emphasize that having a

short

term

lodging

permit

privilege,

not

right;

and

limited

privilege

for

which

there

long

waiting

list

possibly

responsible

people

seeking

the

privilege.

While the proposed code specifies the circumstances under which the Director “ may ” excuse a missed

STL

permit

deadline,

not

all

clear

the

circumstances

under

which

she

should

choose

not

so.

For

example,

there

may

complaints

that

the

applicant,

although

having

“good

cause”

miss

the

deadline,

also

bad

operator

for

whom

leniency

should

not

considered.

And

those

circumstances

might

not

surface

without

formal

public

hearing.

That

would

argue

for

appeal

the

Council

being

better

solution

what

seem

the

rare

circumstances

which

deadlines

are

missed.

Regarding defined words in general in our Municipal Code, it should be noted that, at present, readers

have

easy

way

tell

they

are

encountering

word

with

special

definition

within

the

code

one

that

intended

read

with

its

common

meaning.

A solution to this is for the vendor codifying the ordinances to display the defined words in a special

typeface

(such

italics

underlined)

and

provide

links

the

definitions.

2 Subsection

5.95.030.F

already

gives

the

Director

authority

extend

certain

STL

deadlines,

but

does

not

say

that

authority

retroactive.

Nothing

the

present

ordinance

changes

that.

Was

this

intentional?

1 To be sure, while this phrase appears in Section 3 (on page 5-13) and Section 5 (on page 5-14), in Section

2 (on

page

5-12)

appears

“
to

extend

the

deadline
”

instead

“
for

extending

the

deadline
.”

can

think

reason

for

the

different

phrasing.

136
March 11, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Here is example, from the Snohomish County (WA) code, which is maintained by the same vendor as ours, but using a slightly different platform:

Pointing the mouse at the words with dotted underlines pops up a copy of the section defining the

term

(while,

our

code,

clicking

word

with

solid

underline

links

the

referenced

code

section).

Item 6. Resolution No. 2025-11: Waiving Section A.1. of City Council Policy

B-13

Allow

for

Alcoholic

Beverages

Charity

Polo

Event

Held

Peninsula

Park,

and

Repeal

Resolution

No.

2024-14
Since Newport Beach attempts to enforce an absence of alcohol on its beaches, I do not think it sets

good

example

allow

alcohol

event

beach-adjacent

park.

That

appears

set

double

standard.

That said, if a majority of the Council wants to allow this, I don’t see the need for a new resolution

repeal

the

former

one.

The existing Resolution No. 2024-14 appears to grant an indefinite, blanket waiver for the “Charity

Polo

Event

held

Peninsula

Park.”

While

references

the

“Newport

Beach

Foundation”

the

most

recent

and

likely

future

operator,

does

not

seem

limited

that.

waiver

being

indefinite.

If the intent is that the future validity of the waiver be contingent upon “the Event” being a charity event,

then

think

should

say

so.

And since the request is only for service of beer and wine, I think the resolution should include that

limitation.

Both of those conditions would improve upon what is proposed.

137
March 11, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 Item 9. Approval of On-Call Maintenance and Repair Services Agreement

for

Roll-Up

Doors

and

Gates

with

Excel

Door

Gate

Company,

Inc.

Door?

addition

that?

Item 10. Amendment No. One to Purchase and License Agreement with

Systems

Canada,

Inc.

for

Multi-Space

Pay

Stations
It would seem reasonable to ask if, when the existing pay stations were originally purchased, there

was

expectation

they

would

only

last

for

ten

years?

And

the

new

“more

reliable”

ones

are

expected

have

any

longer

useful

life?

and

the

Newport

Theatre

Arts

Center.

place

any

restrictions

how

the

grants

will

used,

and

unclear

the

Commission

has

done

so.

For

example,

how

expensive

attendance

the

proposed

events

might

and

whether

the

grants

would

used

reduce

ticket

costs

for

some

other

purpose.

Indeed,

seems

completely

open-ended

whether

the

grantees

would

even

presenting

program

offering

some

other

kind

“service.”
Wouldn’t some clearer guidance be useful?
Item 13. Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance

No.

2022-8

Removing

Sunset

Date

April

21,

(sub)

Section

105.3.4,

especially

since

there

not

even

footnote

that

code

138
March 11, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 mentioning the existence of Ordinance No. 2022-8. And according to the codifier’s Ordinance List, Ordinance No. 2022-8 has already been “Repealed by 2022-26.” Since Ordinance No. 2022-26 says it completed deleted and replaced Chapter 15.02, including (sub) Section 105.3.4, and in enacting the present provisions, itself appears to contain no sunset

language,

would

seem

that

sunset

clause

Ordinance

No.

2022-8

irrelevant,

and

nothing

about

expire.

In that case, no action is necessary, unless the current (sub) Section 105.3.4 enacted by Ordinance

No.

2022-26

different

from

the

one

the

Building

Official

sees

Ordinance

No.

2022-8

and

wants

continue

following.

As best I can tell, there is no difference, and no action is needed.

Item XVII. CLOSED SESSION The Brown Act requires the public be given an opportunity to comment regarding the items listed

under

this

heading

the

agenda

before

the

Council

considers

them.

Since the former opportunity for this public comment has been moved from its position immediately

preceding

the

closed

session

the

agenda

template

specified

City

Council
Policy A-1, it seems important for the Mayor to invite comment after the CIty Attorney has announced the closed session topics.

139

6-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 11, 2025
Agenda Item No. 6
ABSTRACT:

The Celebrity Foundation for Children seeks special event permit approval to host a charity polo event at Peninsula Park. Adoption of Resolution No. 2025-11 would waive Section A.1 of City Council Policy B-13 to allow for alcoholic beverages at Peninsula Park.

RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor A lterations to Land) because it has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2025-11, A Resolution of the City Council of the City of Newport Beach, California, Waiving Section A.1 of City Council Policy B -13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park. , and Repeal of Resolution No. 2024-14.

DISCUSSION:

The Celebrity Foundation for Children (CFC) is a 501c3 non -profit whose mission is to protect and develop the health, welfare and education of children. CFC develops programs to strengthen the family and manages a ranch in the city of Hemet that caters to underprivileged, foster children and other deserving individuals.

CFC has submitted a special event permit to host the charity polo event at Peninsula Park (Attachment A). The proposed date of the event is Saturday, May 3, 2025. If adopted, Resolution No. 2025-11 (Attachment B) would waive Section A.1 of City Council Policy B-13 to allow alcoholic beverages at Peninsula Park for this proposed event.

Waiver of City Council Policy B-13: Public Use of Facilities, Section A.1, Regulations and Restrictions – Use of Alcohol (Attachment C) would allow for alcoholic beverages to be permitted at the event. Adoption of the resolution, in its entirety, would allow CFC to move forward through the special event permit review process this year.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Sean Levin, Recreation and Senior Services Director - 949-644- 3151, [email protected]
PREPARED BY: Justin Schmillen, Recreation and Senor Services Deputy Director - 949-644-3160, [email protected]
TITLE: Resolution No. 2025-11: Waiving Section A.1. of City Council Policy B-13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14
140
Waiving Section A.1. of City Council Policy B-13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14 March 11, 2025

Page 2 ends

6-2

CFC originally hosted this event at Peninsula Park in 2016 , though no waiver of Section A. 1 of City Council Policy B -13 was requested . In 2023, the Newport Beach Foundation (Foundation) took on the event, requested a waiver to serve alcohol, and was granted one by the City Council. Because of the Foundation’s success administering the event and the demand for the event to run annually, they were granted an indefinite waiver of Section A.1 of City Council Policy B-13 from the Council through Resolution No. 2024- 14 (Attachment D). Due to an event administrative change, City staff recommends repeal of Resolution No. 2024-14 to review and approve CFC’s request for the alcohol waiver.

As part of the special event permitting process, CFC is required to submit supplemental materials with the special event permit application for City of Newport Beach staff review and approval. An alcohol service plan, outlining guidelines including the number of alcohol service locations, container sizes, types of alcohol, security personnel, event perimeter fencing, adherence to Alcohol Beverage Control restrictions and required training of alcohol service personnel , is required . In addition, the applicant must apply to the California Coastal Commission (CCC) to receive an event exclusion, which will allow the temporary event to move forward in the City ’s approval process. CFC’s request for an event exclusion from CCC for the upcoming May 2025 event is still under review.

FISCAL IMPACT:

The Special Event fees will cover the cost of permitting and applicant will be responsible for any costs to return the event site to its original state if needed.

ENVIRONMENTAL REVIEW:

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land) 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.

Class 4 exemptions consist of minor public or private alterations in the condition of land, water, and/or vegetation that do not involve removal of healthy, mature, scenic trees except for forestry or agricultura l purposes, including the minor temporary use of land having a negligible or no permanent effect on the environment. This proposal is to waive City Council Policy B -13 to allow for alcoholic beverages in a City park, for a one-day event and Repeal of Resolution No. 2024-14, and thus qualifies for the Class 4 exemption.

The exceptions to this categorical exemption under Section 15300.2 are not applicable.

The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
141
Waiving Section A.1. of City Council Policy B-13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14 March 11, 2025

Page 3 ends

6-3

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).

ATTACHMENTS:

Attachment A – Letter from Celebrity Foundation for Children Attachment B – Resolution No. 2025-11
Attachment C – City Council Policy B-13
Attachment D – Resolution No. 2024-14

142

ATTACHMENT A
6-4
143
6-5
144
11 6-6

ATTACHMENT B
145
6-7
146
6-8
147
B-13
1 PUBLIC USE OF CITY FACILITIES
Purpose
City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums, community roomsand swimming pools, are availableto the public for civic, social, educational, athletic, cultural activitiesandlimited commercialuse. It istheintentof thisPolicyto provideuseregulationsandapplication andschedulingproceduresto accommodategroupsthatwish to useCity facilities.

Procedure
A. Applicationsto useCity facilities mustbe madeon forms providedby the RecreationandSenior ServicesDepartment ( Department). Applicantsmustprovideall informationasmayberequiredby theDepartmentto assurecompliancewith therequirementsandregulationsof this Policy.

B. Applicantswill berequiredto providea securitydepositin anamountthatwill promoteuseof the Recreationand SeniorServicesfacilities in an orderly mannerwithout damageto the facilities.

Securitydepositswill be refundeduponinspectionof facilities andconfirmationthat no property damagehasoccurredor additionalcleanupis required.

C. Applicantswill berequiredto acknowledgethatneithertheCity nor theDepartmentassumesany liability for injury or lossof personalproperty. Prior to theuseof thefacility, theapplicationmust haveapprovalof theRecreationandSeniorServicesDirectoror designatedrepresentative.

D. Approvalor denialof a reservationrequestwill beprovidedwithin five working daysof receiptof acompletedapplication.

E. Reservationsfor useof Departmentfacilitiesmaybemadeupto six monthsin advance, butnolater thantenworkingdaysbeforetheeventwith theexceptionof parkreservationswhichmaybemade nolaterthanfive working daysbeforetheevent.

F. TheCity is not liable for anyandall accidentalinjury to anyandall personsor lossor damageto groupor individual property. Whenit is deemedto bein thebestinterestof thegeneralpublic, the City will requirethe permitteeto furnish a Certificateof Insurancenamingthe City of Newport Beachasanadditionalinsured. Theamountof theinsuranceshallnot belessthan $1,000,000per occurrenceof commercialgeneralliability insurance.

G. A Facility UsePermitshallnot betransferred, assignedor sublet. All Facility UsePermitswill be issuedfor specificfacilities andfor specifichours, andthepremisesmustbevacatedasscheduled.

H. Thereservationrequestandrentalagreementmustbecompletedandsignedby anadultage21 and over who will attend, superviseand be responsiblefor the entire event or activities. Proof of residencyis requiredat thetime of applicationin orderto receivethe residentrate. Proof of non- profit statusis requiredat thetime of applicationin orderto receivethenon-profit rate.

ATTACHMENT C
6-9
148
B-13
2 I. A Facility UsePermitwhich authorizestherentalof facilities mayberevokedfor violation of any rentalpolicies.

RegulationsandRestrictions
All usesof Departmentfacilities will besubjectto thefollowing regulationsandrestrictions:

A. Useof Alcohol.

1. Alcoholic beveragesare prohibited and shall not be permittedin or on any municipal facilities operatedby the Department, exceptbeer and wine may be servedfor special occasionsat the OASIS SeniorCenter, Newport TheatreArts Center (NTAC), Newport CoastCommunity Center (NCCC), Civic CenterCommunity Room (CCCR), Newport BeachJunior Guard Center, and Marina Park when done in compliancewith Stateof CaliforniaDepartmentof Alcoholic BeverageControl (ABC) regulationsandapprovedin writing by the RecreationandSeniorServicesDirector. Approval to servebeerandwine shall not be deemedto approveserviceof alcohol in violation of Section25604of the BusinessandProfessionsCode. The RecreationandSeniorServicesDirector will require thepermitteeto payCity coststo provideadditionalsecuritywhenalcoholis served.

2. Theuseof alcoholicbeveragesis by written permissiononly andmustberequestedat the time the facility use requestis submitted. The Departmentreservesthe right to place restrictionson the use of alcoholic beveragesin accordancewith StateLaw and these guidelines. “Alcohol use” meansthepresenceof anybeveragethatcontainsanyamountof alcohol.

3. Alcohol is not allowedwhenan eventis designatedfor minorssuchasschoolageaward programs, birthdaypartiesand/or receptions.

4. When alcohol is served, thereshall be a minimum of two securityguardspresentat the facility at all times. Theguardsmustarrive30 minutesbeforeguestarrivaltime andremain until thecontractendtime. Oneguardmustbe positionedat the entranceof the eventand oneguardpositionedin theeventarea. Theparkinglot mustbemonitoredevery30minutes.

Thesecurityguardsshall havetheauthorityto enforceall rulesandregulationsgoverning facility rentals. In the eventthat the Police are called, the cost of their servicesshall be deductedfrom the applicant’s securitydeposit. The applicantwill be billed for any costs exceedingthesecuritydeposit.

5. No alcoholicbeverageshallbeservedto anypersonlessthan21yearsof age. Injuriescaused to anypersonasa resultof alcoholicbeveragesbeingservedto or consumedby someone underthe ageof 21 while on the City’s premises, shall be the sole responsibilityof the organizationor individual rentingthefacility.
6-10
149
B-13
3 6. The distribution or consumptionof alcoholic beveragesshall be in compliancewith all applicablelaws, including regulationsof the ABC. Any organizationusingCity facilities shall be solely responsiblefor obtainingall permitsor licensesrelatingto the distribution andconsumptionof alcoholicbeveragesonthepremises.

7. Alcohol mayonly beservedby anadult21 yearsof ageor older. If evidenceis foundthat alcoholis beingservedthatwasnot authorizedby theDepartmentor to a minor thePolice will benotifiedandtheeventwill beterminatedandall feesanddepositswill beforfeited.

8. The City shall requirethe applicantto carry generalliability insurancewhen alcohol is available, but not sold. TheCity shallrequirea full liquor liability premiumin additionto generalliability insurancewhen alcohol is sold in exchangefor money. The cost of the requiredliability insuranceshallbeborneby theapplicant.

B. Smokingis prohibitedin andonall City propertyincludingrestroomsandwithin 100 feetof apark, parkfacility or beach.

C. For all indoorfacility rentalsinvolving youth, 17 yearsandunder, thereshallbeat leastoneadult for every20 minors, or incrementsthereof, in attendance, who shall remainin thefacility for the durationof theactivity.

D. No group’s activitiesshallinterferewith theadministrationof theDepartment.

E. Non-profit 501 (c) (3) groupsmayusethefacility for fundraisingactivitiesandchargeentrancefees andcollectdonationsprovidedthata detailedplanof theevent, includingtheexpenses, marketing planandprocedurefor collectingfees, is submittedwith therentalapplication.

F. Facilitiesandequipmentareto be left in the sameconditionasthey wereprior to the rental. The permitteeis responsibleto payfor anydamageto propertyor lossof property. A feeequalto total replacementcost will be charged. It shall be the responsibility of the permitteeto see that unauthorizedportionsof thefacility arenot used. Continuedor repeateduseof City facilities will be contingentuponcareof the facility, propertyandequipment, andobservanceof all approved rulesandregulations.

G. No gamblingof anykind shallbeconductedon, or in, City facilities, andthepermitteeshallinsure thatnodisorderlyor illegal conductshallbeallowedin anyfacility.

H. Theuseof public addressequipmentwill belimited to thatprovidedby thefacility, unlesswritten approvalhasbeensecuredby theDepartmentthrougha SpecialEventPermit.

I. Privategroupswishingto collectfees, donationsor admissioncharges, or thoseusingthefacility to marketa product, give a presentation, or advertisetheir business, will be consideredcommercial users.
6-11
150
B-13
4 J. Thepostedoccupancyof City facilitiesshallnot beexceeded.

K. Storagespacewill not begrantedat anytime.

L. Facilitiesarenot availablefor reservationson the following holidays: ChristmasEve, Christmas Day, Easter, Presidents’ Day, IndependenceDay, LaborDay, Martin LutherKing Day, Memorial Day, New Year’s Eve, New Year’s Day, ThanksgivingandVeteransDay.

M. All personsusingthe facilities shall observeandobeyregulationsof this policy, the rulesof the Departmentandall applicableCity, StateandFederallaws, rulesandregulations.

N. Vehiclesare not permittedon park grassor fields. Parkingis permittedin designatedspaces.

Overnightparkingis not allowed.

O. Minors must remainin the rentedfacility room and shall not be allowed to roam unsupervised throughoutthefacility.

P. Whennoalcoholis servedbutthegroupsizeis 200or more, onesecurityguardmayberequired, at thediscretionof theDepartmentDirector.

Q. Policiesandguidelinesregardingcaterersshallbeadheredto.

R. All professionalservicesutilized for eventsrequirea City of NewportBeachbusinesslicenseand liability insurancelisting theCity asadditionallyinsured.

S. Animalsarenot permittedwithin City Facilitieswith theexceptionof serviceanimals. However, this provision shall not apply to activities or programsof the Recreationand Senior Services Department.

FeeClassifications – Priorities of Use
Permissionfor useof City facilities shall be grantedon a first comefirst servedbasis, subjectto the following priorities:

A. All official Departmentinitiated and/or conductedactivities, including thoseof the Friendsof OASISat theOASISSeniorCenter, andexemptionsnotedin City CouncilPoliciesB-5 andB-10.

B. All official City of NewportBeachactivities.

C. All official City co-sponsoredgroupsand/or activities suchas communitygroupsandactivities which arenon-profit, self-governing, privatelyorganizedandof aneducationalnaturewhich may bebroughtunderthesponsorshipof theDepartment.

D. Official publicagencysponsoredprogramsandactivitiesnotincludedin A, B, andC above. 6-12
151
B-13
5 E. Youth SportsCommissionMemberOrganizations.

F. Residentnon-profit youth servingorganizationswith 50% or moreof membershipconsistingof NewportBeachresidents.

G. Recreational, socialor civic activitiesof groupswhichareresidentpromotedandsponsoredby local non-profit* organizationswhich are opento the public and have50% or more of memberships consistingof NewportBeachresidents.

H. Recreationalorsocialactivitiesof privateNewportBeachresidentswhicharenotopento thepublic. privateparties)
I. Recreational, socialorcivic activitiesand/orgroupswhicharenon-residentpromotedandsponsored by non-profit organizationswhichareopento thepublic, butnot qualifyingunderD above.

J. Schools, colleges, hospitalsandothersimilar civic groupsnot qualifying underthe definition of non-profit.

K. Others.

Non-profit statusis definedas an organizationthat is so definedby the Internal RevenueService, 501(c) (3) andhasa Stateof California TaxIdentificationNumber.

Fees, DepositsandCancellationProcedures
Feesmay be chargedfor the useof City facilities andshall be establishedandperiodicallyadjustedand approvedby theCity Council. Feesareimposedto coveroverhead, processing, deposits, maintenanceand replacementcostsfor applicationandschedulingandmaintenanceof thefacilities.

A. A securitydepositwill be requiredfor all room rentals. All or a portion of the depositmay be retainedby the Departmentafter inspectionof the facility by the RecreationandSeniorServices Directoror a designatedrepresentativeanda determinationthatthefacility hasnot beenleft clean and/or in goodrepair.

B. A separateadditionalcleaningfeemaybechargedfor rentalof theOASISEventCenter, Newport CoastCommunityCenter, CommunityYouth Center, Civic CenterCommunityRoom, Newport BeachJuniorGuardCenter, andMarinaParkCommunityCenter.

C. No feeor depositshallbechargedfor useof City facilitiesby theCity of NewportBeach, or events co-sponsoredby theCity of NewportBeachor its departments, with theexceptionof directcosts.

D. Cancellationsfor anyfacility otherthantheOASISEventCenter, NewportCoastCommunity Center, CommunityYouthCenter, Civic CenterCommunityRoom, NewportBeachJuniorGuard Center, andMarinaParkmayoccurseventy-two hoursprior to thescheduleduseof facilities without forfeiting feescollectedby theCity, with exceptionof a City servicerefundprocessing fee. Cancellationswith lessthanseventy-two hournoticewill bechargeda cancellationfee establishedby resolutionof theCity Council. In theeventof cancellationby theCity, noticewill begivenasfar in advanceof thescheduleduseaspossible.
6-13
152
B-13
6 E. Cancellationof rentalsby usersfor the OASIS EventCenter, NewportCoastCommunityCenter, CommunityYouth Center, Civic CenterCommunityRoom, NewportBeachJuniorGuardCenter, andMarina Parkthat occurlessthanthirty daysprior to the scheduleduseof the facility will be charged25% of therentalfee. Cancellationswith lessthanseventy-two hournoticewill becharged theentirerentalfee.

History
AdoptedI-5 – 11-22-1962 (“UsePrioritiesandFees”)
AmendedI-5 – 3-9-1970
ReaffirmedI-5 – 2-14-1972
AdoptedG-4 – 5-13-1974 (“Useof City Facilities”)
AmendedI-5 – 5-28-1974
AmendedI-5 – 2-13-1978
AmendedG-4 andI-5 – 10-10-1978
AmendedI-5 – 2-12-1979
AmendedI-5 – 5-14-1979
AmendedI-5 – 8-28-1979
AmendedI-5 – 11-26-1979
AmendedG-4 andI-5 – 2-9-1981
AmendedI-5 – 11-23-1981
AmendedI-5 – 10-12-1982
AmendedI-5 – 10-25-1982
AmendedG-4 andI-5 – 4-23-1984
AmendedI-5 – 11-28-1988
AmendedI-5 – 11-27-1989
AmendedI-5 – 3-25-1991
AdoptedI-25 – 5-26-1998 (“PublicUseof City Facilities”, andincorporatingG-4 andI-5) AmendedI-25 – 5-8-2001
AmendedI-25 – 4-23-2002
AmendedI-25 – 4-8-2003
AmendedI-25 – 7-22-2003 (changedto B-13)
AmendedB-13 – 9-13-2005
AmendedB-13 – 10-10-2006
AmendedB-13 – 8-11-2009
AmendedB-13 – 5-14-2013
AmendedB-13 – 5-12-2015
AmendedB-13 – 8-8-2017
AmendedB-13 – 11-14-2023
6-14
153
RESOLUTION NO. 2024- 14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, INDEFINITELY
WAIVING SECTION A. 1 OF COUNCIL POLICY B- 13 TO

ALLOW FOR ALCOHOLIC BEVERAGES AT THE

ANNUAL CHARITY POLO EVENT HELD AT PENINSULA
PARK
WHEREAS, in 2016 and 2023, a charity polo event (" Charity Polo Event") was held at Peninsula Park, providing a memorable event for residents, celebrating the tradition of the sport of Polo, including the artistic expression of fashionable hats, social camaraderie, showcasing the wares of local vendors, and providing a boost to the local economy;
WHEREAS, to accommodate the Charity Polo Event, the City Council of the City of Newport Beach (" City") waived Section A. 1 of Council Policy B-13, Public Use of City Facilities, which restricts dispensing of alcohol on City property to specific locations Council Policy B-13"), so that alcohol could be dispensed at Peninsula Park; WHEREAS, a special event permit application was recently filed by the Newport Beach Foundation, a California nonprofit corporation (" Foundation"), to hold the Charity Polo Event on Saturday, May 4, 2024, at Peninsula Park; WHEREAS, the Charity Polo Event held in 2016 and 2023 at Peninsula Park was a success, with residents requesting the event be held again, and the Foundation now intends to hold the Charity Polo Event on an annual basis; WHEREAS, the Foundation requests the City Council again waive Council Policy B- 13 to allow for the dispensing of alcohol at Peninsula Park to accommodate the Charity Polo Event; and
WHEREAS, the City Council desires to indefinitely waive Council Policy B-13 for the Chairty Polo Event held at Peninsula Park, provided that that a special event permit is obtained that contains appropriate conditions related to the sale and service of alcohol. 6-15

ATTACHMENT D
154
Resolution No. 2024- 14

Page 2 of 3 ends

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows..

Section 1: The City Council does hereby indefinitely waive Section A.1 of Council Policy B-13 to allow for the dispensing of alcoholic beverages at Peninsula Park for the Charity Polo Event, provided that a special event permit is obtained that contains appropriate conditions related to the sale and service of alcohol. As part of the special event permitting process, supplemental materials shall be submitted with the special eventpermitapplicationfor Citystaffreviewand approvalincluding, but not limitedto, an alcohol service plan that sets forth limits on the number of alcohol service locations, alcohol container sizes, and the types of alcohol to be served, as well as information about the security personnel, howthe applicantwill adhere to California Department of Alcoholic Beverage Control ( ABC) restrictions, and required training of alcohol service personnel.

Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act (" CEQA") pursuant to Sections 15060( c)(2) (the activitywill not resultina director reasonablyforeseeableindirectphysicalchangeinthe 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, Division 6, Chapter 3, because it has no potentialfor resulting in physical change to the environment, directly or indirectly.
6-16
155
Resolution No. 2024- 14

Page 3 of 3 ends

Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 12thday of March, 2024.

Will O' Neill
Mayor
ATTEST:

APPROVED AS TO FORM:

CITY ATTORNEY' S OFFICE
Aar n C. Harp
City Attorney
6-17
156
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.

CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2024- 14 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 12th day of March, 2024; and the same was so passed and adopted by the following vote, to wit:

AYES: Mayor Will O' Neill, Mayor Pro Tern Joe Stapleton, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand
NAYS: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13thday of March, 2024.

M& W.

Leilani I. Brown
City Clerk
Newport Beach, California
oar
Q- LIFOvkfoe
I
6-18
157
March 11, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 271 ends

Scarbrough’s previous comments regarding her and Mr. Klobe’s GPAC appointments and thought the discussion regarding the Council Aviation Ad Hoc Committee (Item 5) was less than enlightening.”

Page 274 ends

to distortions and site sight line issues as the screen size increases.”

Page 274 ends

0.08%. It would be clearer to say “Director Webb clarified that the 0.8% of cost overrun compared to the 10% of the contingency allowance is correctly stated.”]

Page 274 ends

Received After Agenda Printed
March 11, 2025
Written Comments
158
March 11, 2025, City Council agenda comments - Jim Mosher Page 2 of 6 In fact, although titled differently, the text under this item is identical to that appearing under “IX.

NOTICE

THE

PUBLIC”

which

makes

appear

notice

than

invitation

comment.

If that is its purpose, it would seem the notice should be given before Item “II. CURRENT BUSINESS”

since

the

public

must

allowed

comment

least

some

those

items

(for

example,

Item

“SS5.

Capital

Improvement

Program

(CIP)

Early

Look”),

yet

will

not

have

been

told

what

the

rules

are

prior

their

opportunity.

Item 4. Ordinance No. 2025-3: Designating a Portion of Corona del Mar as

Safety

Enhancement

Zone

and

Expanding

West

Newport

Safety

Enhancement

Zone

Include

Memorial

Day,

Fourth

July,

and

Labor

Day

Holidays
The description of the boundaries of the proposed Corona del Mar Safety Enhancement Zone were

revised

shortly

before

the

introduction

this

ordinance

was

introduced

February

25. While the more precise definition (similar to the Police Department Reporting District 44 illustrated

Figure

1 on

page

4-2

the

staff

report)

proposed

page

4-9

the

ordinance

appreciated,

puzzling

that

both

mention

the

intended

zone

“
shall

include

Pirate's

Cove,

Corona

del

Mar

State

Beach,

and

Little

Corona

Beac
h,”

but

not

mention

China

Cove

Beach,

even

though

China

Cove

Beach

clearly

within

the

area

described

the

text.

Additionally, it is not clear the City has a clearly defined boundary to “Little Corona Beach,” which,

according

Figure

1 of

the

staff

report,

the

neighboring

Police

Department

Reporting

District

45. It

term

that

does

not

seem

appear

anywhere

else

the

Municipal

Code.

All this said, I continue to think the increased days and areas of the proposed safety enhancement

zones

place

increased

burden

City

staff

and

citizens

that

not

justified

sufficient

evidence

need

for

the

action.

Item 5. Ordinance No. 2025-4: Amending the Newport Beach Municipal Code

Update

Administrative

Procedures

Good

Cause

Determinations

and

the

Extension

Deadlines

for

Short-Term

Lodging

Permits
Although not clearly explained in the staff report, I believe this ordinance is being proposed as an

administrative

alternative

persons

making

appeals

the

City

Council.

Setting aside the merits of that choice,I have two problems with the proposed implementation. First, a significant operative part of the scheme is buried in a portion of the ordinance that will not

codified,

result

which,

most

the

public

reading

the

proposed

code

(pages

5-21

and

5-22)

will

not

know

exists.

Specifically,

the

proposed

ordinance

contains

(uncodified)

Section

7 saying

“
The

Finance

Director

hereby

authorized

retroactively

extend

deadlines

provided

Sections

2 through

5 of

this

ordinance

upon

determination

the

Finance

Director

that

good

cause

has

been

shown

so
.”

159
March 11, 2025, City Council agenda comments - Jim Mosher Page 3 of 6 Not only would this apply, contrary to what it says, to only Section 2, 3 and 5 (not 4), but I can think

reason

this

should

not

included

the

codified

text

those

sections.

accomplish

that,

the

three

sections

where

proposed

appear,
1 the

following

phrase

could

simply

modified

to:

“...

the

Finance

Director

determines

that

good

cause

has

been

shown

for

extending

the

apply

the

entire

municipal

code,

rather

than

just

short

term

lodging

matters,

don’t

think

wise.

The reason it is not wise is that what “good cause” means depends on the context, and the conditions

that

constitute

“good

cause”

for

missing

short

term

lodging

permit

deadline

may

quite

different

from

what

constitutes

“good

cause”

some

other

circumstance,

such

terminating

employee

permit

“for

good

that

purports

apply

“
Unless

specific

definition

provided

the

context

which

they

are

used

clearly

requires

otherwise
”

seems

only

add

confusion

and

uncertainty.

work

the

STL

chapter,

but

not

alter

its

(possibly

quite

different)

intent

the

others.

As to the merits of this ordinance,I believe the deadlines were enacted to emphasize that having a

short

term

lodging

permit

privilege,

not

right;

and

limited

privilege

for

which

there

long

waiting

list

possibly

responsible

people

seeking

the

privilege.

While the proposed code specifies the circumstances under which the Director “ may ” excuse a missed

STL

permit

deadline,

not

all

clear

the

circumstances

under

which

she

should

choose

not

so.

For

example,

there

may

complaints

that

the

applicant,

although

having

“good

cause”

miss

the

deadline,

also

bad

operator

for

whom

leniency

should

not

considered.

And

those

circumstances

might

not

surface

without

formal

public

hearing.

That

would

argue

for

appeal

the

Council

being

better

solution

what

seem

the

rare

circumstances

which

deadlines

are

missed.

Regarding defined words in general in our Municipal Code, it should be noted that, at present, readers

have

easy

way

tell

they

are

encountering

word

with

special

definition

within

the

code

one

that

intended

read

with

its

common

meaning.

A solution to this is for the vendor codifying the ordinances to display the defined words in a special

typeface

(such

italics

underlined)

and

provide

links

the

definitions.

2 Subsection

5.95.030.F

already

gives

the

Director

authority

extend

certain

STL

deadlines,

but

does

not

say

that

authority

retroactive.

Nothing

the

present

ordinance

changes

that.

Was

this

intentional?

1 To be sure, while this phrase appears in Section 3 (on page 5-13) and Section 5 (on page 5-14), in Section

2 (on

page

5-12)

appears

“
to

extend

the

deadline
”

instead

“
for

extending

the

deadline
.”

can

think

reason

for

the

different

phrasing.

160
March 11, 2025, City Council agenda comments - Jim Mosher Page 4 of 6 Here is example, from the Snohomish County (WA) code, which is maintained by the same vendor as ours, but using a slightly different platform:

Pointing the mouse at the words with dotted underlines pops up a copy of the section defining the

term

(while,

our

code,

clicking

word

with

solid

underline

links

the

referenced

code

section).

Item 6. Resolution No. 2025-11: Waiving Section A.1. of City Council Policy

B-13

Allow

for

Alcoholic

Beverages

Charity

Polo

Event

Held

Peninsula

Park,

and

Repeal

Resolution

No.

2024-14
Since Newport Beach attempts to enforce an absence of alcohol on its beaches, I do not think it sets

good

example

allow

alcohol

event

beach-adjacent

park.

That

appears

set

double

standard.

That said, if a majority of the Council wants to allow this, I don’t see the need for a new resolution

repeal

the

former

one.

The existing Resolution No. 2024-14 appears to grant an indefinite, blanket waiver for the “Charity

Polo

Event

held

Peninsula

Park.”

While

references

the

“Newport

Beach

Foundation”

the

most

recent

and

likely

future

operator,

does

not

seem

limited

that.

waiver

being

indefinite.

If the intent is that the future validity of the waiver be contingent upon “the Event” being a charity event,

then

think

should

say

so.

And since the request is only for service of beer and wine, I think the resolution should include that

limitation.

Both of those conditions would improve upon what is proposed.

161
March 11, 2025, City Council agenda comments - Jim Mosher Page 5 of 6 Item 9. Approval of On-Call Maintenance and Repair Services Agreement

for

Roll-Up

Doors

and

Gates

with

Excel

Door

Gate

Company,

Inc.

Door?

addition

that?

Item 10. Amendment No. One to Purchase and License Agreement with

Systems

Canada,

Inc.

for

Multi-Space

Pay

Stations
It would seem reasonable to ask if, when the existing pay stations were originally purchased, there

was

expectation

they

would

only

last

for

ten

years?

And

the

new

“more

reliable”

ones

are

expected

have

any

longer

useful

life?

and

the

Newport

Theatre

Arts

Center.

place

any

restrictions

how

the

grants

will

used,

and

unclear

the

Commission

has

done

so.

For

example,

how

expensive

attendance

the

proposed

events

might

and

whether

the

grants

would

used

reduce

ticket

costs

for

some

other

purpose.

Indeed,

seems

completely

open-ended

whether

the

grantees

would

even

presenting

program

offering

some

other

kind

“service.”
Wouldn’t some clearer guidance be useful?
Item 13. Ordinance No. 2025-5: An Amendment Deleting Section 5 of Ordinance

No.

2022-8

Removing

Sunset

Date

April

21,

(sub)

Section

105.3.4,

especially

since

there

not

even

footnote

that

code

162
March 11, 2025, City Council agenda comments - Jim Mosher Page 6 of 6 mentioning the existence of Ordinance No. 2022-8. And according to the codifier’s Ordinance List, Ordinance No. 2022-8 has already been “Repealed by 2022-26.” Since Ordinance No. 2022-26 says it completed deleted and replaced Chapter 15.02, including (sub) Section 105.3.4, and in enacting the present provisions, itself appears to contain no sunset

language,

would

seem

that

sunset

clause

Ordinance

No.

2022-8

irrelevant,

and

nothing

about

expire.

In that case, no action is necessary, unless the current (sub) Section 105.3.4 enacted by Ordinance

No.

2022-26

different

from

the

one

the

Building

Official

sees

Ordinance

No.

2022-8

and

wants

continue

following.

As best I can tell, there is no difference, and no action is needed.

Item XVII. CLOSED SESSION The Brown Act requires the public be given an opportunity to comment regarding the items listed

under

this

heading

the

agenda

before

the

Council

considers

them.

Since the former opportunity for this public comment has been moved from its position immediately

preceding

the

closed

session

the

agenda

template

specified

City

Council
Policy A-1, it seems important for the Mayor to invite comment after the CIty Attorney has announced the closed session topics.

163

7-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 11, 2025
Agenda Item No. 7
ABSTRACT:

On May 28, 2024 , the City Council awarded Contract No. 8833-2 for the Balboa Boulevard, Newport Boulevard, and 32 nd Street Pavement Rehabilitation project to R.J. Noble Company . The project reconstructed deteriorated concrete pavement and rehabilitated the asphalt pavement on Balboa Boulevard, Newport Boulevard, and 32nd Street, and improved pedestrian visibility with traffic signal enhancements adjacent to Newport Elementary School. 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
$5,119,060.00 $5,177,479.61 $58,419.61 1.1%
Allowed Contract Time + Approved
Extensions (Days) = 125 Actual Time Used (Days) 122
This project included distributing construction notices to affected residents and businesses; setting up traffic control ; surveying; removing and replacing deteriorated concrete pavement; cold milling and overlaying the existing asphalt pavement; installing traffic striping, signing, and pavement markings; relocating existing street lights; installing traffic signal detector loops; adjusting utilities to grade; installing new traffic signals with LED signs; and other incidental items necessary to complete the project. The project limits included Balboa Boulevard from West Coast Highway to 12 th Street, Newport Boulevard from 30th Street to 21st Street, and 32nd Street from Balboa Boulevard to Marcus Avenue.

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: Balboa Boulevard, Newport Boulevard, and 32 nd Street Pavement Rehabilitation (Project No. 22R11) – Notice of Completion for Contract No. 8833-2
164
Balboa Boulevard, Newport Boulevard, and 32nd Street
Pavement Rehabilitation – Notice of Completion for Contract No. 8833-2 March 11, 2025

Page 2 ends

7-2

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: $ 5,119,060.00
Actual Cost of Bid Items Constructed: $ 4,359,356.62
Total Change Orders: $ 818,122.99
Final Contract Cost: $ 5,177,479.61

The final total contract amount was $5,177,479.61, which was approximately 1.1% higher than the original bid amount. This minor cost increase was primarily due to additional asphalt concrete material needed for the paving operation.

A summary of the project schedule milestones is as follows:

The project was conducted in two phases. The first phase occurred during summer while Newport Elementary School was not in session. The traffic signal enhancements adjacent to the school were also completed during the first phase in anticipation of the upcoming school year. The second phase involved both day and nighttime paving in order to minimize public inconvenience.

FISCAL IMPACT:

The Balboa Boulevard, Newport Boulevard, and 32 nd Street Pavement Rehabilitation project was included within the FY 2024-25 Capital Improvement Program Budget. Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
General Fund 01201927-980000-24T01 $ 188,000.00
Measure M Fair Share 12201-980000-22R11 $ 2,218,000.00
Gas Tax 12101-980000-22R11 $ 102,771.55
Neighborhood Enhancement 53601-980000-22R11 $ 2,368,333.06 Water Capital Fund (2024) 70201-980000-24R09 $ 51,509.79 Water Capital Master Plan 70201931-980000-24W05 $ 85,790.21 Water Capital Fund (2025) 70201-980000-25R09 $ 33,500.00 Wastewater Enterprise 71101-980000-24R09 $ 20,375.00
CalRecycle Grant Contribution 13501-980000-23R02 $ 70,700.00 OCSD Contribution 13501-980000-22R11 $ 38,500.00
Total: $ 5,177,479.61

The Orange County Transportation Authority provides Measure M funding, generated through a ½ cent sales tax, to the City of Newport Beach for transportation improvement projects. Gas Tax revenue is received through State -imposed taxes on fuel and motor vehicle registration dedicated to transportation purposes.

Estimated Start of Construction per Annual Baseline Schedule July 8, 2024 Actual Start of Construction Per Notice to Proceed June 10, 2024 Estimated Completion per Annual Baseline Schedule March 7, 2025 Substantial Completion Date Inclusive of Extra Work December 16, 2024 165
Balboa Boulevard, Newport Boulevard, and 32nd Street
Pavement Rehabilitation – Notice of Completion for Contract No. 8833-2 March 11, 2025

Page 3 ends

7-3

The Neighborhood Enhancement Fund is used for projects that enhance neighborhood aesthetics and functionality and is funded via surplus general funds. The Water Capital , Water Capital Master Plan, and Wastewater Enterprise funds generate revenue primarily through water and sewer rates collected by service users. The CalRecycle Grant fund comes from the State’s CalRecycle Rubberized Grant Program, which promotes the use of rubberized asphalt concrete made from recycled waste tires generated in California.

The program aims to decrease the adverse environmental impacts created by disposing and stockpiling waste tires. Through CalRe cycle, the City will be reimbursed up to $7 per ton of rubberized asphalt concrete used on the project. The City will be reimbursed by the Orange County Sanitation District for improvements to its facilities.

ENVIRONMENTAL REVIEW:

On May 28, 2024 , the City Council found 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 Cod e 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

166

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8833-2 3/11/2025LOCATION MAP

NEWPORT
22R11
I:\Users\PBW\Shared\Contracts\FY24-25 CURRENT\200_STREET_DRAINAGE\Balboa Blvd_Newport Blvd & 32nd Rehab C-8833_22R11\PLANS & EXHIBITS\Location Map.dwg 02/10/25 - 5:20pm DJordan

BALBOA BOULEVARD, NEWPORT BOULEVARD,
AND 32ND STREET PAVEMENT REHABILITATION

ATTACHMENT A
COAST
W
HWY
16TH STPACIFIC
OCEAN

NEWPORT
HARBOR

NEWPORT PIER

MARCUS AVE

W BALBOA BLVD
30TH ST
COAST
W
HWY
32ND ST
BLVD

W BALBOA BLVD
12TH ST

LIMITS OF WORK
PHASE 1
PHASE 2
24TH ST
7-4
167

8-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 11, 2025
Agenda Item No. 8
ABSTRACT:

On July 9, 2024, the City Council awarded Contract No. 9 500-1 for the Newport Beach Police Station Video Surveillance System Replacement project to Vector Resources Inc., DBA Vector USA (Vector). The project included removing and replacing the existing video surveillance system and providing new computers and monitors in the jail and Watch Commander's office. 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
$318,370.44 $321,905.44 $3,535.00 1.1%
Allowed Contract Time +
Approved Extensions (Days) = 60 Actual Time Used (Days) 57

This project included providing submittals; completing employee background verification; removing and replacing the existing video surveillance system; providing new computers and monitors in the jail and Watch Commander's office; installing a new server rack; providing video management software (VMS) and software licenses; putting in new wiring and completing close out documents.

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:

Newport Beach Police Station Video Surveillance System
Replacement (Project No. 24F02) – Notice of Completion for Contract No. 9500-1
168
Newport Beach Police Station Video Surveillance System Replacement – Notice of Completion for Contract No. 9500-14
March 11, 2025

Page 2 ends

8-2

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: $ 318,370.44
Actual Cost of Bid Items Constructed: $ 318,370.44
Total Change Orders: $ 3,535.00
Final contract cost: $ 321,905.44

The final total contract amount was $321,905.44, which was approximately 1.1% higher than the original bid amount. A single change order was issued totaling $3,535.00 that included providing additional cameras and cabling in the jail and property storage areas.

A summary of the project schedule milestones is as follows:

FISCAL IMPACT:

The Police Station Video Surveillance System Replacement project was expensed from Fiscal Years 2022 -23 and 2023 -24 Police Department salary savings. Funds for the construction contract were expended from the following account:

Account Description Account Number Amount
Police Department Staff Savings 0103522-911024-PDCAM $ 321,905.44 Total: $ 321,905.44
ENVIRONMENTAL REVIEW:

On July 9 , 202 4, 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 October 10, 2024 Actual Start of Construction Per Notice to Proceed November 4, 2024 Estimated Completion per Annual Baseline Schedule December 6, 2024 Substantial Completion Date Inclusive of Extra Work January 28, 2025 169
0 ;o
Newport Beach Police Station
Video Surveillance System
Replacement

LOCATION MAP

ATTACHMENT A

NOTTO SCALE PROJECT LIMITS

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-9500-1 3/11/2025
8-3 170

9-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

March 11, 2025
Agenda Item No. 9

ABSTRACT:

Based on the results of a request for proposals (RFP) process, staff recommends the City Council approve a new five-year, on-call maintenance and repair services agreement for doors and gates with Excel Door and Gate Company, Inc., for a total not-to-exceed (NTE) amount of $550,000.

DISCUSSION:

Based on the results of a n RFP process, staff recommends the City Council approve a new five -year, on -call agreement with Excel Door and Gate Company, Inc. for these services, for a not-to-exceed amount of $550,000. Many City of Newport Beach facilities have large roll-up doors, automated security gates, sliding glass doors, and exterior swing doors that require routine service and repairs for safe and reliable operation.

Staff issued RFP No. 25-24 through the PlanetBids website on November 13, 2024, and received four proposals by the December 5, 2024 due date. Three staff members independently evaluated the proposals ’ technical score s, and three of the proposals received the 70% minimum score necessary to qualify for cost proposal review.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Kyle Brodowski, Facilities and Equipment Superintendent - 949-718-3464, [email protected]
TITLE: Approval of On-Call Maintenance and Repair Services Agreement for Roll-Up Doors and Gates with Excel Door & Gate Company, Inc. 171
Approval of On-Call Maintenance and Repair Services Agreement for Roll-Up Doors and Gates with Excel Door & Gate Company, Inc.

March 11, 2025

Page 2 ends

9-2

The table below shows the average scores of the three qualifying proposals. Excel Door and Gate Company, Inc. received the highest aggregate score.

Proposer Technical Score
(60 Maximum)
Cost Score
(40 Maximum)
Total Score
(100 Maximum)
Overall
Rank
Excel Door and
Gate Company, Inc. 55.00 34.91 89.91 1
GMAT 43.33 36.84 80.17 2
Action Door Repair
Corporation 45.67 28.07 73.73 3
The proposed rates are roughly equal to those on the City’s previous agreement for these services, and the proposed contract amount of $550,000 is based on historical costs over the previous five years.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this purchase. It will be expensed to various accounts in the Fire, Police, Public Works and Utilities D epartments depending on the respective door and gate location.

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).

ATTACHMENT:

Attachment A – On-Call Maintenance and Repair Services Agreement 172

ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH EXCEL DOOR & GATE COMPANY, INC. FOR

ON-CALL ROLL-UP DOOR, GATE AND ENTRY DOOR MAINTENANCE AND

REPAIR SERVICES

THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 11th day of March, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and EXCEL DOOR & GATE COMPANY, INC., a California corporation ("Contractor"), whose address is 13242 Solomon Peak Drive, Riverside, CA 92503, and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. City desires to engage Contractor to perform on-call maintenance and/or repair services for City ("Project").

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement.

D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on February 23, 2030, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED

2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following:

2.1.1 A detailed description of the Services to be provided;

ATTACHMENT A
9-3
173

2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available;

2.1.3 The estimated number of hours and cost to complete the Services; and

2.1.4 The time needed to finish the specific project.

2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal.

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.

3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.

3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control.

3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand delivery or mail.

4. COMPENSATION TO CONTRACTOR

4.1 City shall pay Contractor for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Five Hundred Fifty Thousand Dollars and 00/100 ($550,000.00), without prior written amendment to the Agreement.

Excel Door & Gate Company, Inc. Page 2
9-4 174

4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") may be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles Riverside-Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30} days prior to the Effective Date of such adjustment, and provide updated billing rates. Adjusted billing rates shall be approved in writing by City prior to use.

4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff.

4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City.

4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal.

Excel Door & Gate Company, Inc. Page 3
9-5 175

5. PROJECT MANAGER

5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Rodwell Pascascio to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.

5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.

Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule.

8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE

8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator.

8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards.

8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all Excel Door & Gate Company, Inc. Page 4
9-6 176
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement.

8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.

9. RESPONSIBILITY FOR DAMAGES OR INJURY

9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them.

9.2 Contractor shall be responsible for any liability imposed by' law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor.

9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).

9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim ari�ing from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

Excel Door & Gate Company, Inc. Page 5
9-7 177

9.5 Contractor shall perform all Work in a manner to m1rnm1ze public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect. public and private property.

Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents.

9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid.

9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.

10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services.

11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project.

12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.

13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.

Excel Door & Gate Company, Inc. Page 6
9-8 178

14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.

15. BONDING

15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00}, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property Casualty.

15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

16. PREVAILING WAGES

16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor.

In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of Excel Door & Gate Company, Inc. Page 7
9-9 179
workman or mechanic needed to execute the Agreement. A copy of said determination. is available by calling the prevailing wage hotline number ( 415) 703-4 77 4, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof.

16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work.

17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as sp�cifically authorized under this Agreement, the Services to be provided under this· Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture.

18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.

19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right Excel Door & Gate Company, Inc. Page 8
9-10 180
to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request.

20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.

21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable.

Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.

23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.

24. CONFLICTS OF INTEREST

24.1 Contractor or its employees may be subject to the provIsIons of the California Political Reform Act of 197 4 {the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

Excel Door & Gate Company, Inc. Page9
9-11 181

24.2 If subject to the Act and/or Government Code§§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.

25. NOTICES

25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided.

25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:

Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660

25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:

Attn: Rodwell Pascascio
Excel Door & Gate Company, Inc.
13242 Solomon Peak Drive
Riverside, CA 92503

26. CLAIMS

26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment.

Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Excel Door & Gate Company, Inc. Page 10
9-12 182
Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION

27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.

27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.

28. LABOR

28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.).

28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information.

28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States.

28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement.

Excel Door & Gate Company, Inc. Page 11
9-13 183

29. STANDARD PROVISIONS

29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference.

29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.

29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.

No verbal agreement or implied covenant shall be held to vary the provisions herein.

29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.

29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29 .9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

Excel Door & Gate Company, Inc. Page 12
9-14 184

29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Excel Door & Gate Company, Inc. Page 13
9-15 185
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: 1/:J'-t/P<
ATTEST:

Date: -------
By: ------------
Lei I an i I. Brown
City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
By: ___________ _
Joe Stapleton
Mayor
CONTRACTOR: EXCEL DOOR &
GATE COMPANY, INC., a California
corporation
Date: ---------
By: ___________ _
Rodwell Stephen Pascascio Sr.

Chief Executive Officer
Date: ---------
By: ___________ _
Michelle Shallene Pascascio
Secretary, Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
Excel Door & Gate Company, Inc. Page 14
9-16 186

EXHIBIT A

SCOPE OF SERVICES
Excel Door & Gate Company, Inc. Page A-1
9-17 187

SCOPE OF SERVICES
OBJECTIVE:
,,
Under the direction of the Public Works Department's Municipal Operations Division, Contractor shall preventatively maintain and repair garage roll-up doors, entry doors, sliding panel doors, and gates at the Civic Center, City's Corporation and Utilities Yards, the Big Canyon Reservoir, the Back Bay Science Center, eight fire stations, Police Department HQ, lifeguard buildings, libraries, and various City parks and recreation facilities. The Municipal Operations Division shall identify specific tasks, deliverables, and deadlines on an as-needed basis.

MINIMUM QUALIFICATIONS:
• Minimum five (5) years of experience in garage roll-up door, entry doors, sliding panel doors and gate preventative maintenance and repair services. • The Contractor shall posses a valid, active and in good standing, Class "C-61/D-28" contractor license (Doors, Gates, and Activating Devices) for a minimum of five continuous years and maintain it through the term of the contract. • From the start until the completion of work, the Contractor and any Subcontractors shall possess a valid Business License issued by the City.
• Not have any pending disciplinary proceedings or investigations by the Contractors State License Board.
• Currently or within the past five years, not have any suspensions, disbarments, or similar proceedings (including stipulated agreements), restricting, limiting or prohibiting proposer from proposing or performing public works projects for any other public agency.
• Contractor shall be registered with the Department of Industrial Relations (DIR) for the electronic submittal of their certified payroll for prevailing wage. • Contractor to arrive within four (4) hours after initial call back, upon project manager request.
• Have qualified personnel with prerequisite knowledge and experience in garage roll-up door, entry door, sliding panel doors, and gate preventative maintenance services. 9-18
188
SCOPE OF Sl=RVICES
DESCRIPTION:

Service Proposal Requirements
When the need for service arises, the Contractor shall provide a written proposal, including:
• A detailed description of the services to be provided. • The position of each person assigned to perform the services. • The estimated number of hours and cost (including parts and material} to complete the services.
• The time needed to complete the specific project.

Proposals much match the contract cost-file. No services shall commence until the project manager has provided written acceptance of the proposal. Once authorized, the Contractor shall diligently perform the repair services in compliance with the contract terms. Should the proposal terms vary, the agreement terms will supersede.

Locations Covered
City-owned buildings and properties.

Equipment Covered
All door, gate, and equipment quantities listed in the Cost File and any other equipment at City locations as requested by the City's project manager.

Contractor Supplied Equipment
The Contractor shall supply all transportation, tools and equipment necessary for completing all work related to provided services, covered within the hourly labor and preventative maintenance cost (e.g., vehicles, fuel surcharge, delivery, tools of the trade, etc.). Rental equipment needed for on-call repairs must be approved prior to use and substantiated with rental receipts for invoicing (e.g., scissor lifts, boom lifts, cranes, etc.).

Invoicing
All invoices for on-call services must include:
• Brief description of the work performed
• Date the services were performed
• Number of hours spent on all work billed on an hourly basis • Description of any reimbursable expenditures (materials, rental equipment, etc.) • Contracted labor rate
• Shall include the name and the classification of the employee who performed the work • Material percentage markup
Invoices shall be submitted monthly. Receipts will be required at the time of invoicing to substantiate percentage markup. All reimbursable materials shall be charged at cost plus no more than a 15% markup. Labor rates shall include supplies (e.g. belts, lubricants, rags, grease, wire 9-19
189

SCOPE OF SERVICES
nuts, personal protective equipment, and sundries). Labor rates shall be charged at the standard labor rate specified in the Cost File.

Response Requirements
• Call back within ninety (90) minutes after the initial request from the City for on-call services.
• Availability for same-day response, including after hours, weekends, and holidays. • Contractor shall be available 24 hours a day, 7 days a week. • Arrival within four (4) hours after initial call back.

Working Hours
• Normal working hours shall be between the hours of 7:00 AM and 4:00 PM, Monday through Friday. No weekend or after-hours work is to be scheduled without prior written permission from the City, unless it is an emergency as dictated by the City of Newport Beach contract administrator.
o Weekend Hours, in such a case, shall begin Friday at 4:00 PM to 7:00 AM Monday. o After Hours, in such a case, shall begin Monday-Thursday at 4:00 PM to 7:00 AM the following day.
• Holidays shall be based on the list of City Approved Holidays, and are listed below:

Warranty
o New Year' s Day
o Birthday of Martin Luther King, Jr.
o Washington' s Birthday
o Memorial Day
o Independence Day
o Labor Day
o Veterans Day
o Thanksgiving Day
o Christmas Day
The Contractor's work shall carry a one (1) year workmanship warranty.

Workmanship & Materials
• The Contractor shall provide all labor and materials required for the successful completion of a project or work.
• Labor rates shall include supplies (e.g. belts, lubricants, rags, grease, wire nuts, personal protective equipment, and sundries).
• The City may reimburse the Contractor for materials procured, analyzed case-by-case, and agreed upon in the Contractor's proposal before work commences. Markup for materials is limited to cost plus a maximum of 15%.
• Receipts are required for reimbursement for materials purchased for projects. 9-20
190

SCOPE OF SERVICES
• The City reserves the right to specify the type of material and/or equipment purchased per project. All equipment and material purchases must be preapproved by the Project Manager or designee.
• The City reserves the right to purchase materials directly and provide them to the Contractor. In such cases, the following conditions apply:
o The Contractor shall conform to all City practices and procedures. o All City purchases are for the sole expressed use of and for the City. o The Contractor shall secure, store, inventory, distribute, and control all materials entrusted to the Contractor's representatives.
o All materials and inventories shall be made available to the City upon request. The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used.
• The Contractor shall maintain work areas with a well-manicured, clean appearance, and all work shall be performed in a professional manner using quality equipment. • The Contractor shall be responsible for any damages to public and/or private property caused during the course of the work.
• The Contractor shall recognize that during the course of this Agreement, the City may have other contractors conducting other activities and/or operations in the immediate vicinity of requested work. Contractor shall make every effort to coordinate activities with existing operations. Other activities may include, but are not limited to, the following:
o Landscape refurbishment;
o Modification or repair of existing facilities;
o Construction; and
o Storm related operations
• All tools and materials shall remain in Contractor's possession at all times. • All Contractor vehicles parked on site shall be secure at all times. • Contractor shall ensure all precautions for safety are taken. • Contractor shall obtain necessary building permits at no cost when required. • As required, Contractor shall provide traffic control per the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) "Watch Manual." • The Contractor is responsible for all underground service alerts prior to digging (DigAlert).

PREVENTATIVE MAINTENANCE SERVICES TO BE PROVIDED:

Preventative Maintenance: Contractor shall provide preventative maintenance routines as scheduled in the Cost File on a monthly, quarterly, and semi-annual basis.

Parts and Materials: All parts and materials for preventative maintenances must be new, unused, and will be supplied by the contractor and included in the proposed rates (e.g. belts, lubricants, cleaners, rags, grease, wire nuts, etc.).

Labor: Preventative maintenance services as described in this contract shall include all labor. 9-21
191

SCOPE OF SERVICES
MONTHLY, QUARTERLY, OR SEMI-ANNUAL PREVENTATIVE MAINTENANCE (shall include but not be limited to):
• Check all cables, springs and pull-down ropes or chains for wear and safe and proper operation.
• Check, clean, and lubricate all tracks, rollers, bearings, hinges, drums and check motors for safe efficient operation.
• Check and tighten all fasteners.
• Check all safety edges, photo eyes, magnetic sensors, click to enter functions, key switches, timers, limit switches if so equipped for proper operation and setting. • Check all weather seals for proper fit and adjustment. • Grease and/or oil all parts moving parts requiring lubrication. • All fire rated doors shall be checked for correct release and drop speed. • Inspect all key switches/boxes to ensure properly functioning. • Check all gate timers for proper operation.
• Check all gate radio receivers for proper operation.
• Check all electromagnetic loops for proper operation. • Check chain tension and tighten or loosen as needed.
• Make sure all warning tags and stickers are in place, updated and legible. • Clean all operator cabinets removing all dust and debris. • Adjust door closers, inspect weather strips, test function of ADA operators • Provide written after-action reports after each preventative maintenance visit outlining units serviced and issue discovered.
• Provide written recommendations and estimated cost for repairs beyond normal preventive maintenance service including itemized cost of all parts. • Provide telephone numbers for after-hours, weekend and holiday emergency service. • Provide all tools necessary to perform service including equipment lifts and man lifts. • Complete any other preventative maintenance as recommended by the manufacturer.

All invoices will be typed; no handwritten invoices will be accepted. Invoices will not be processed until after-action reports are received.

ON-CALL SERVICES TO BE PROVIDED:

Replacement Equipment, Parts, Materials, and Equipment Rentals • All replacement equipment, parts, materials, and equipment rentals will be supplied by the Contractor at a contracted markup as shown in the Cost File. Receipts will be required at the time of invoicing to substantiate the percentage markup, with all charges at cost plus no more than a 15% markup. Labor rates for installation shall be charged at the standard labor rate specified in the Cost File.
• Any door or gate or man door damaged by collision or malfunction shall be repaired or replaced as soon as materials can be obtained, and the door placed back in operation. All parts of doors or gate shall include its operating mechanism, frames, guides, brackets, rollers, cables, rails, and securing hardware and anything else that is required for a fully functional and operational door or gate.
• All doors and gates shall be lubricated and clean as required for a smooth and functional operation.
9-22
192

SCOPE OF SERVICES
• All replacement counterbalance shafts shall be solid metal. No hollow metal shafts will be allowed.
• All replacement counterbalance steel springs shall be of sufficient size to assure long life expectancy. The intention of these Special Provisions is to provide complete repair and maintenance of the City's roll up doors, screens, and bi-fold doors to assure that all doors are fully functional and operational. Any other such items or details, not mentioned above, that are required to keep all doors in good working order in accordance with the Standards of the industry.

New Installations and Replacements
• New installations and replacements shall be quoted on a letter proposal as needed, per billing rates.

Service calls will be initiated by City staff, with no guarantee or implication of any specific quantity of service call work during the contract term.
9-23
193
PO Box4924
Riverside, CA, 92514
December 2, 2024

CITY OF NEWPORT BEACH
Inland Empire Phone (951) 352 9307
Fax (951) 352 5991
REQUEST FOR PROPOSAL NO. 25-24

ON-CALL RULL-UP DOOR, GATE, AND ENTRY DOOR

MAINTENANCE AND REPAIR SERVICES
RFP ADMINISTRATOR: KYLE BRODOWSKI

SUPERINTENDENT
949 718 3464
[email protected]

STATEMENT OF QUALIFICATIONS
Contractor's License # 546836
Orange County Phone (714) 520 9025
Fax (714) 520 5201
Excel Door and Gate Company, Inc., specializes in installation, repairs, service, and maintenance of all types of doors and gates, including but not limited to the following: Rollup Doors, gates, sectional doors, fire doors, high speed doors, high traffic doors and gates, hollow metal, wood, glass, and fiberglass doors, including all related hardware, and all types of motorized doors and gates, dock equipment, and related hardware. hold California State Contractor's licenses in the following classes:

C61/D28 (doors and operating devices), and C23 (ornamental iron).

We offer 24 hours emergency services with guaranteed same day service at competitive labor rates.

Excel Door has been in business for twenty-eight (28) years. We have performed work for many Companies, Organizations, and Government Agencies on the West Coast including Reyes Coca Cola Bottling, The Orange County Sanitation District, The Boeing Company, Whole Foods, LAUSD, PSUSD, Cal-Trans, The Home Depot, Sherriff and Police Departments, EDD, The California Air Resources Board, and many others. We have proudly and successfully serviced the City of Newport Beach for the last nine years and continue to response on an as needed basis with the same unwavering commitment irrespective of a formal contract.

Excel Door provides preventative maintenance service, and installations with excellent service, 9-24
194
and safety as a priority, both for our technicians and for our customers, their employees and the public at large. We ensure that our technicians are up to date with current technology trends within the industry and safety laws to provide the best possible service and recommendations on installations and repairs. Excel Door responds to all service calls with high priority and response as needed to ensure quality customer service, when Excel Door receives a service call you can expect to have a technician dispatched the same day. With our inventory of forklifts, scissors lifts, heavy power tools, hand power tools, skilled technicians, and fully equipped service vehicles with extension ladders, fall protection equipment, PPE, fire prevention equipment, welders, and industry related hardware, Excel Door is ready to respond any job.

Based on our review we are confident that we are able to meet all services needed under this contract without the need for subcontractors.

If awarded this contract, The City of Newport Beach would Contact Mr. Rodwell Pascascio, who will be assigned to this contract and will oversee all the scheduling, ordering and service. Mr. Pascascio is the President and CEO with an extensive background in all facets of the door industry (Over 40 years), maintaining full hands-on management of the daily activities of the company including onsite supervision to ensure the highest quality and delivery of service. we look forward to a favorable review and continued service to The City and the Community it serves.
scascio / President
9-25
195
ii. CONTRACTORS STATE LICENSE BOAR!
0Contractor's License Detail for License #
546836
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
• CStB complaint
disclos�re is re�tricted by !Jw fB&P il:4.6) lf I hi$ entity is s:ibject to public- complaint disclosureclick on link thatwill ap11e.:ir hclow for more informatio11. Click her<' for a de'linition ol disdosabl(l actioris. • Onlyconstr11ction r�lated cil.il judgments reported to CSLB are disclosed (B&P 70il.17).

Arbilrations are not listed unleu the co,1tr:ictor fails toc:omply with the term:.. • Cueto workload. there may be re!�1:Dnl inlormalion thath�s not�'El been o:ntered into the bo11rd's Uccnse database.

Data current as of 12/5/202411:36:59 AM
Business Information

EXCEL DOOR & GATE COMPANY INC
POBOX4924
RNERSIOE, CA 92514
Business Phone Number:(951) 352-9307
This license is current and active,
Entity Corporation
Issue Date 11/09/1988
Reissue Date 02/23/2001
Expire Date 02/28/2025
License Slatus
All Information below should be reviewed.

Classifications
► C-61 / D28 • DOORS, GATES AND ACTIVATING DEVICES
► C23-0RNAMENTALMETALS
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. eond Number: 720182
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qu11Ufying Individual
The ql1alifying individual RODWELL STEPHEN PASCASCIO SR certified that he/she owns 10 percent or more of thevoUng stock/membership Interest of this coinpany; therefore, the Bond of Qualifying Individual is not requf red.

Effective Date: 02/23/2001
Workers' Compensafion
This licen!te has workers compensation insuranc� with the STATE COMPENSATION INSURANCE FUND
Policy Number:3011666
Effective Date: 01/01/2008
Expire Date: 01/01/2025
Workers' Compensation History
9-26
196

EXHIBIT B

SCHEDULE OF BILLING RATES
Excel Door & Gate Company, Inc. Page B-1
9-27 197
Section 1: Billing Rates
Important Note: Rates are inclusive of all costs including, but not limited to labor, travel, supplies, equipment, materials, and disposal in the performance of the prescribed tasks. Rate listed below should be total cost for all doors at that location.

CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT

GATES AND ROLL UP DOORS FIXED MAINTENANCE BILLING RATES Semi
Quantity Quarterly Annual Annual •
Door Locations Address of Doors Cost Cost Cost Annual Tc;,tal • • City Division1 Notes 592 Superior
gooo Corporation yard Ave 45 �000 $ Public Works
Big Canyon Reservoir 3300 Pacific
PW View Dr. 5 $ /000 Public Woiks
100 Civic Center
Civic Center Dr. 1 /:2 5" $ 5't)O Public Works
Back Bay Science 600 Shellmake
:i.so /000 Center Rd 6 $ Public Works
Utilities Ya rd 949 W. 16th St. 51 $ 9tJoo Utilities
Big Canyon Reservoir 3300 Pacific
1:i.ao Utilities. View Dr. 8 $ Utilities
110 E. Balboa
'I (J 0Fire Station 1 Blvd. 2 $ Fire
2807 Newport
soo Fire Station 2 Blvd. 5 $ Fire
868 Santa
Fire Station 3 Barbara Dr. 4 $ 50(!) Fire
Fire Station 4 124 Marine Ave 4 $ 500 Fire
410 Marigold
,S'(f) 0Fire Station 5 Ave 4 $ Fire
--
28 9-28
198
Fire Station 6 1348 Irvine Ave 2 $ 'foo Fire
20401 s.w.

Soo Fire Station 7 Acacia St 4 $ Fire
6502 Ridge Park
500 Fire Station 8 Dr. 3 $ Fire
Life Guard
500 Headquarters 70 Newport pier 3 $ Fire
870 Santa
I QfJO Police Department Barbara Dr s $ Police
1000 Avocado 300 Bistro,- Passport
Central Library PW Ave. 2 Public Works Office Rollups
1000 Avocado /000
Central Library Ave. 3 $ Libraries
801 Narcissus 500 3 doors 1 rollup
Oasis Senior Center Ave 4 $ Recreation kitchen window
500 1 door 1 rollup
Bonita Creek Park 3010 La Vida 2 $ Recreation kitchen window 1600 W Balboa /000 Marina Park Blvd 3 $ Recreation
20403 E Coastal
zoo Costa( Peak Peak 2 Recreation
Bonita Canyon Sports 1990 Ford rd :iso ,-so
Park Field #3 4 $ Recreation
4850 West

7..50 $ 2-So Sunset Ridge Park Coast Hyw 3 Recreation
29 9-29
199
\
Semi
Quantity Monthly Quarterly
Gate Locations Address of Gates Service Annual Total City Division1 Notes 592 Superior
$- :500·0:, Corporation yard Ave 3 Public Works
Back Bay Science 600 Shellmake
Center Rd 1 /5-D·O Public Works
Utilities Yard 949 W. 16th St. 4 2SO JriOO' Utilities
5904 West
/S."<J'O Oil Field Gate Coast Hwy 1 Utilities
Big Canyon Reservoir 3300 Pacific
PW View Dr. 1 /5!�0- Utilities
2807 Newport
BtJO Fire Station 2 Blvd. 2 Fire
868 Santa
goo Fire Station 3 Barbara Dr. 2 Fire
410 Marigold _soo Fire Station 5 Ave 1 Fire
Fire Station 6 1348 Irvine Ave 1 500 Fire
20401 s.w. 5'00 Fire Station 7 Acacia St 1 Fire
6502 Ridge Park 500 Fire Station 8 Dr. 1 Fire
870 Santa
soo Police Department Barbara Dr 3 Police
870 Santa 500 Police Department Barbara Dr 5 Police Pedestrian Gates Central Library Book lO00Avocado 500 Book Conveyor
Conveyor Belt Ave 1 Libraries Belt
30 9-30
200
Water Wheel
Jamboree Rd
and Bayview
Way 1
Quantity
Entry Door Locations Address of Doors
100 Civic center
Civic Center Dr 29
Grand Total $
1 A separate monthly invoice shall be generated for each City Division (i.e., Fire, Utilities, Public Works, Police, Libraries, Recreation).

Normal Time:
(Monday- Friday
7am-4:00 pm)
Overtime/Holidays:
(Monday - Friday
4:00 pm-7 am,
Saturday- Sunday)
Minimum Hours:
$
.,2
50·00
$ oo
350--
2 Parts Markup (15% Max): /5
$ soo Public Works
Annual Total • • City Division1 Notes
1st Floor Entry
d.oors and Sliding
L;.eoo
doors,
Community RM,
City Hall, Council
Public Works Chambers,
31 9-31
201

EXHIBIT C

INSURANCE REQUIREMENTS - MAINTENANCE/REPAIR/JANITORIAL SERVICES

1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.

2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

3. Coverage Requirements.

A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees.

B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented Excel Door & Gate Company, Inc. Page C-1
9-32 202

4. 5.
vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident.

Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors.

B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies.

C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City.

D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.

Additional Agreements Between the Parties. The parties hereby agree to the following:

A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of Excel Door & Gate Company, Inc. Page C-2
9-33 203
insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation.

C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.

D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self insurance will not be considered to comply with these requirements unless approved by City.

Excel Door & Gate Company, Inc. Page C-3
9-34 204
G. City Remedies for Non-Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.

H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Excel Door & Gate Company, Inc. Page C-4
9-35 205

EXHIBIT D

CITY OF NEWPORT BEACH
BOND NO. ___ _

LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Excel Door & Gate Company, Inc., hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, We the undersigned Principal, and, _______ _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of _______________ Dollars �-----�·
lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California.

The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Excel Door & Gate Company, Inc. Page D-1
9-36 206
required by and in accordance with the provisions of Sections· 9500 et seq. of the Civil Code of the State of California.

And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications.

In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the ____ day of _______ , 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: --------
By: _____________ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
Excel Door & Gate Company, Inc. Page D-2
9-37 207

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _________ � ss.

On------ ----� 20 __ before me, ____________ _
Notary Public, personally appeared .,.---::----:-,------,-------,------,--.,...-------,---,------,� who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

State of California
County of _________ � ss.
(seal)
On ____ _______ , 20 __ before me, _____________ _
Notary Public, personally appeared _____________________ , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
Excel Door & Gate Company, Inc. Page D-3
9-38 208

EXHIBITE

CITY OF NEWPORT BEAC H
BOND NO. __ _

FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ _________ _ , being at the rate of $ thousand of the Agreement price.

WHEREAS, the City of Newport Beach, State of California, has awarded to Excel Door & Gate Company, Inc., hereinafter designated as the "Principal," an agreement for maintenance and/or repair services in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.

NOW, THEREFORE, we, the Principal, and ____________ _
________________________ , duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of lawful
money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void.

As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond.

Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Excel Door & Gate Company, Inc. Page E-1
9-39
209
notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications.

This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.

In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the __ day of _______ , 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: ·--------
By: _____________ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
Excel Door & Gate Company, Inc. Page E-2
9-40
210

State of California
County of _________ � ss.

On __________ _, 20 __ before me, ____________ _
Notary Public, personally appeared _____________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

State of California
County of _________ � ss.
(seal)
On ___________ , 20 __ before me, ____________ _
Notary Public, personally appeared ____________________ _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
Excel Door & Gate Company, Inc. Page E-3
9-41 211
March 11, 2025, City Council Agenda Comments
The following comments on items on the Newport Beach City Council agenda are submitted by:

Page 271 ends

Newport Beach City CouncilMarch 11, 2025

Newport Beach City Council
March 11, 2025