Agenda Packet as of May 9, 2025 — Newport Beach City Council, May 13, 2025 (part 1 of 2)

AMENDED AGENDA

CITY OF NEWPORT BEACH

CITY COUNCIL AGENDA

MAY 13, 2025
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660

STUDY SESSION – 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING – 4:30 P.M.

CLOSED SESSION – FOLLOWS MOTION FOR RECONSIDERATION

JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro Tem
MICHELLE BARTO, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
SARA J. WEBER, Councilmember
ERIK WEIGAND, Councilmember

GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk

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 either before or after the time given.

This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas.

The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or [email protected]).

NEWPORT BEACH CITY COUNCIL AGENDA

CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
MAY 13, 2025

STUDY SESSION – 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING – 4:30 P.M.

CLOSED SESSION – FOLLOWS MOTION FOR RECONSIDERATION

I. ROLL CALL – 4:00 p.m.

II. CURRENT BUSINESS

SS1. Clarification of Items on the Consent Calendar

SS2. Presentation from the Lion’s Heart Boys Group – Corona del Mar Chapter

SS3. Proclamation Recognizing National Public Works Week

SS4. Expansion of City Trolley Concept
City staff will present a draft concept to expand the City’s summer trolley service into the Corona del Mar, Newport Center and Balboa Island areas for review and discussion. At the conclusion of the Study Session, staff will seek City Council’s general direction and guidance on how to proceed with the trolley service expansion concept.

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 4:30 P.M. FOR REGULAR MEETING

VI. ROLL CALL

VII. INVOCATION – Pastor W. Dan Erlenbusch, Newport Harbor Lutheran Church

VIII. PLEDGE OF ALLEGIANCE

IX. PRESENTATION

 History of the Completion of Newport Harbor by Bill Lobdell

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 – 11). 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.

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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

1. Minutes for the April 29, 2025 City Council Meeting
Waive reading of subject minutes, approve as written, 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. 2025-6: Amending Chapter 11.04 (Parks, Park Facilities, and Beaches ) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach
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. 2025-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach.

RESOLUTIONS FOR ADOPTION

4. Resolution No. 2025 -20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule 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. 2025-20, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the Newport Beach Firefighters Association and Associated Salary Schedule; and c) Approve Budget Amendment No. 25-063 appropriating $422,413.15 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance.

5. Resolution No. 2025-21: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule 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. 2025-21, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule ; and
c) Approve Budget Amendment No. 25 -061 appropriating $127,947.97 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance.

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6. Resolution No. 2025-22: Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways 2025 Grant for the Marina Park Boating Program 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. 2025-22, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C8969330 Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beac h for Reimbursement of the Cost for Replacement Equipment, Refurbishment Items, Safety Equipment and Scholarships for the Marina Park Boating Program;
c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the cost for the adaptive sailing equipment and replacement items for the Marina Park Boating Program; and d) Approve Budget Amendment No. 25-064 to record and appropriate $46,000 in grant revenue from the State of California Division of Boating and Waterways to Marina Park - Marina Park Sailing account 0107023-561086-G2502 and in expenditure appropriations to Marina Park - Equipment NOC account 0107023-911024-G2502.

7. Resolution No. 2025 -23: Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options
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) Adopt Resolution No. 2025-23, A Resolution of the City Council of the City of Newport Beach, California, Creating the Ad Hoc Committee on Utilization of Lower Castaways and Aquatic Center Site Options.

CONTRACTS AND AGREEMENTS

8. Superior Avenue and Hospital Road Pavement Rehabilitation (Project No. 23R14) – Notice of Completion for Contract No. 8894-2
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

9. Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement – Award of Contract No. 9750-1 (25F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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) Approve the project plans and specifications;
c) Find the bid submitted by Rod-West Floor Covering LLC to be non-responsive; d) Award Contract No. 9750 -1 to Commercial Interior Resources for the total bid price of $151,070 for the Central Library, OASIS Senior Center and VJ Community Center Carpet Replacement, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $15,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract.

10. Professional Services Agreement with Deckard Technologies, Inc. for Short -Term Lodging Compliance & Hotline
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;

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b) Approve a Professional Services Agreement with Deckard Technologies, Inc. for Short-Term Lodging Compliance and Hotline for five years for a not -to-exceed amount of $243,750 piggybacking off the procurement of the City of Oxnard’s formal solicitation; and c) Authorize the Mayor and the City Clerk to execute the agreement.

11. Approval of On-Call Health Screening Services 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; b) Approve an On-Call Professional Services Agreement with Hoag Clinic, dba Hoag Executive Health, on a form approved by the City Attorney, with a not -to-exceed amount of $925,000 and a five-year term; and
c) Approve an On-Call Professional Services Agreement with The Regents of the University of California on behalf of the University of California at Irvine Joe C. Wen School of Population and Public Health, on a form approved by the City Attorney, with a not-to-exceed amount of $500,000 and a five-year term.

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

12. Status of City of Newport Beach Vacancies and Retention Efforts Pursuant to Government Code Section 3502.3
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) Receive and consider the Status of City of Newport Beach Vacancies and Retention Efforts pursuant to Government Code Section 3502.3.

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. PUBLIC COMMENTS ON CLOSED SESSION

XVIII. CLOSED SESSION – Council Chambers Conference Room

A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 2 matters

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

Unrepresented Employees: Unrepresented Employees in the Key and Management Group.

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

Unrepresented Employees: Newport Beach Employees League.

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

Joseph Cartwright v. City of Newport Beach
Workers’ Compensation Appeals Board Case No. ADJ15869339

XIX. CLOSED SESSION REPORT

XX. ADJOURNMENT – In memory of Elizabeth Stahr

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

CITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
April 29, 2025
I. ROLL CALL - 4:00 p.m.

May 13, 2025
Agenda Item No. 1

Present: Mayor Joe Stapleton , Mayor Pro Tern Lauren Kleiman (arrived at 4:02 p.m.), Councilmember Michelle Barto , Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J . Weber , Councilmember Erik Weigand
II. CURRENT BUSINESS
SSL Clarification of Items on the Consent Calendar - None SS2. Lower Castaways Redevelopment and City Pool Options Assistant City Manager Jurjis reported that the Lower Castaways Park Ad Hoc Committee was formed in Febru ary 2024 to explore redevelopment options, focusing on an aquatic facility, and by October 2024 , Council directed staff to proceed ith environmental studies, construction document proposals, entitlements , and communi ty outreach. hle noted that staff received proposals for an Environmental Impact Report (EIR). and architectural and structural designs , and that staff is seeking further Council direction .

Mayor Stapleton suggested reforming with a two-pronged approach to 1) examine the best use for Lower C not to be used for a pool, explore potential locations for an aquati ng community members on the ad hoc committee , along with C
Councilmember B ym's approach and emphasized the importance of addressi ng c traffic.

Councilmember .Weigand asked for clarification on the committee composition and app licatio n process for public members. Git.VJ Attorney Harp confirmed that, typically, an application process would be used for memo ers of tlie public who are not already serving on a board or commission.

Recreation and Senior Serv ·ces Director Levin indicated that the City could use a community pool, citing high demand for more full-time aquatic facilities . He also reported that about 70% of current pool users for swim lessons and lap swimming use reside in the Newport-Mesa area .

Adam Leverenz expressed that, while people generally favor having a community pool, they do not support the Lower Castaways site largely due to traffic concerns . Additionally , he observed that there may also be resistance due to the construction cost for the pool/aquatic center .

Jim Mosher stated that he could support developing an aquatic center depending on the cost , but doubted the assessment that the public felt positively abo ut the Lower Castaways site due to traffic concerns.

Brad Rollins advocated for constructing a pool somewhere in the City and took the opportunity to express concerns over maintenance standards at the existing Corona del Mar High School pool facility.

Robin Sinclair expressed support for having a community pool due to issues with relying on local high school pools, indicated that Lower Castaways has potential to transform into an improved community area , and noted that she does not have a location preference for a community pool.

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Earl Craig expressed the need for the City to have aquatic facilities and supported constructing a community pool somewhere in the City.

David Granoff recounted past advocacy efforts by the Parks , Beaches and Recreation Commission to construct a swimming pool in the City , and supported locating it at Lower Castaways due to the views that it presents and the multi-venue capabilities the facility could provide .

The City Council discussed various aspects of pool design , usage , community benefits , and touched on the potential for the aqu atic center to support water safety educ ation and the Junior Lifeguard Program.

Mayor Stapleton requested a straw vote relative to recreating a seven-member ad hoc committee that would be comprised of three Councilmembers and four members of the public (one member from the Harbor Commission , one member from the Parks , Beaches and Recreation Commission , one member from the Planning Commission, and one at-large public member) .

Following discussion , the straw vote was unanimous .

III. RECESSED - 4:23 p.m.

IV. RECONVENED AT 4:30 P.M. FOR REGULAR M
V. ROLL CALL
VI.

VII.

Present: Mayor Joe Stapleton, Mayor Pro T uncilmember Michelle Barto, Councilmember Noah Blom, Council Councilmember Sara J . Weber , Councilmember Erik Weigand
VIII. PRESENTATION
•
Fire Chief Boyles introduced Assist ant Chief O'Rourke who utilized a present ation to discuss the history of the Newport Beach Lifeguards which was established in 1923. He highlighted significant milestones and key devel opments like the introduction of rescue boats and beach patrol jeeps , acknowledged the Newport Beach Lifeguard Headquarters and the Junior Lifeguard Program's success, and honored Lifeguard Ben Carlson's story and legacy .

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

COMMITTEE ACTIVITIES
Councilmember Grant :
• Attended the ribbon cutting ceremonies for the renovated parks at Newport Element ary School and San Miguel Park , the OASIS Senior Center volunteer lunch and OASIS Sailing Club opening day , SPON 's (Stop Polluting Our Newport) annual meeting, the Newport Beach Police Department 's promotion and swearing-in ceremony , and the grand opening of JSX (JetSuiteX) • Displayed slides of the April 26, 2025 compost giveaway , e-waste and document shredding event Mayor Pro Tern Kleim an:
• Reported on the success of the inaugural Coron a del Mar Third Thursdays event , thanked the community for attending , and promoted the next Third Thursday event • Announced that the Corona del Mar Residents Association 's annual meeting will be held May 6, 2025 , at Sherman Gardens
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Mayor Stapleton:
• Highlighted the ribbon cutting of the City's first universally accessible playground at San Miguel Park and recognized Alexis Portillo who advocated for accessible parks in the City many years ago • Attended the OASIS Sailing Club opening day , the Newport to Ensenada sailing event where he also exchanged gifts with the mayor of Ensenada , the Lighthouse Cafe's 10th anniversary event , El Ranchito 's 50th anniversary event , the Eastbluff Elementary School Gala , the Newport Beach Police Department's promotion and swearing-in ceremony , and the Orange County Crime Victims' Rights Ceremony with District Attorney Todd Spitzer
X. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 3 (Ordinance Related to the Use of Bicycles , Electric Bicycles , and Other Such Devices on the Beach) , Jim Mosher stated the matter should have been brought to the Parks, Beaches , a nd Recreation Commission for their input and to allow the public the opportunity to provide input regarding bicycles on the paved walkways.

Adam Leverenz expressed appreciation for the installation of a sign enforcing the 8 mph speed limit on the boardwalk but shared difficulties in capturing adolescen speeding violators. He also noted that , despite the sign's presence , speeding issues persist.

Peter Anderson , representing the Central Newport ociation , expressed gratitude for the ordinance in Item 3, and added that he has reciated the increased police presence and enforcement of boardwalk regulations .

XI. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

1. Minutes for the April 15, 2025 •
Waive reading of subject minut d, and order filed .

2. Reading of Ordina
Waive reading in full cons1 eration and direct the City Clerk to read by title only.

3. Ordinance No. 2025-6. Amen ing Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on tHe Beach
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 , introduce Ordinance No. 2025-6 , An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter

11. 04 (Parks, Park Facilities , and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach , and pass to a second reading on May 13, 2025.

RESOLUTIONS FOR ADOPTION

4. Resolution No. 2025-14: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 1 Environmental Cleanup Program 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 physic al change to the environment , directly or indirectly; and Volume 66 - Page 304
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b) Adopt Resolution No. 2025-14 , A Resolution of the City Council of the City of Newport Beach, California , Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program.

5. Resolution No. 2025-15: Creating the Ad Hoc Oil 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; b) Adopt Resolution No. 2025-15 , A Resolution of the City Council of the City of Newport Beach , California , Creating the Ad Hoc Oil Advisory Committee: and c) Confirm the appointments of Councilmember Michelle Barto , Councilmember Noah Blom and Councilmember Sara J . Weber to serve on the Ad Hoc Oil Advisory Committee .

Mayor Stapleton rec used himself from Item 5 due to real property interest conflicts.

6. Resolution No. 2025-16: Creating the Integrated Pest Management Ad Hoc 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 environmen t, dire etly or indirectly; b) Adopt Resolution No. 2025-16 , A Resolution of tlie City Council of the City of Newport Beach , California , Creating an Ad Hoc Committee to Revi ew he Cit-y_'s Integrated Pest Manag ement Program and Make Recommendations to the City_ Council Regard ing Revisions Thereto; and c) Confirm the appointments of Mayor Pro Tern Lauren K-leiman, e ouncilmember Noah Blom and Councilmember Sara J. Weber to serve on the A Hoc € ouncil Integrated Pest Management Program Review Committee.

CONTRACTS AND AGREEMENTS

7. Approval of Amendment No. Two to Maintenance/Repair Services Agreement with Nature's Image, ~Inc. (C-8537-1)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to S ction s 15060(c)(2) and 1 060(c)(3) of the CEQA Guidelines because this action will not result i a pnxsical change ~ he environment , directly or indirectly ; and b) Approve Amendment No. Two to the Maintenance/Repair Services Agreement with Nature's Image , I c. to extend the term through April 22, 2029 , increase the not-to-exceed amount by $2,334,049.71, fo_v a new not-to-exceed amount of $4,868,982.95 , and incorporate green-waste reporting requirements , and authorize the Mayor and City Clerk to execute the amendment.

8. Approval of On-Call Maintenance and Repair Services Agreement for Facilities Maintenance Support with Ramco General Engineering Contractors, Inc. (C-8560-2) a) Determine this action is exempt from the Californi a 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 physic al change to the environment , directly or indirectly; and b) Approve a Maintenance and Repair Services Agreement with Ramco General Engineering Contractors Inc., for On-Call Facilities Maintenance Support Services for a three-year term and not-to-exceed amount of $500,000 , and authorize the Mayor and City Clerk to execute the agreement .

9. Approve the Service Agreement for Water Laboratory Services with Sierra Analytical Labs, Inc. (C-8639-2)
a) Determine this action is exempt from the Californi a 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 physic al change to the environment , directly or indirectly; and Volume 66 - Page 305
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b) Approve Professional Services Agreement for Potable Water Laboratory Services with Sierra Analytical Labs , Inc. , for a five-year term with a total not-to-exceed amount of $325,000, and authorize the Mayor and City Clerk to execute the agreement.

10. Approval of Amendment No. Two to Professional Services Agreement with Bumper to Bumper, Inc. for Vehicle Washing and Detailing Services (C-8877-1) 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; and b) Approve Amendment No. Two to Professional Services Agreement with Bumper to Bumper , Inc . to extend the term through May 30, 2027, and increase the not-to-exceed amount by $260,000 for a new not-to-exceed amount of $580,000, and authorize the Mayor and City Clerk to execute the amendment .

11. Approve the Second Amendment to the 2009 Waste Disposal Agreement with the County of Orange (C-4194)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of tlie CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly ; and b) Approve the Second Amendment to the 2009 aste Disposal Agreement with the County of Orange (Contract No. 4194), to extend the term of the greement for 12 months and allow for a

2.6% disposal fee increase , and authorize the Mayo antl City Clerk to execute the amendment .

12. Reassignment and Amendment of the Services Agreement for Sewer Manhole Lining Services (C-8934)
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 tl?-e environment, tlireetly or indirectly; b) Approve assignment agreement frnm $anc0n TecHnologies , Inc . to Vortex Services, LLC for on-call maintenance/repair services agreement <C -8934-1 for sewer manhole lining services; and c) Approve Amendmen No. 1 to tlie On- eall Maintenance/Repair Services Agreement with Vortex Services, LLC for Sewer Man o e Lining Services, extending the term to July 28, 2027, and increasing the agreemen ~ moun~ $200,000, and authorize the Mayor and City Clerk to execute the .Algreement . . . )

13. Tentative Agreement with the Newport Beach Fire Association (C-2060) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections il506Q(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) Receive and consider the Tentative Agreement between the City of Newport Beach and the Newport Beach Fire Association .

14. Tentative Agreement with the Association of Newport Beach Ocean Lifeguards (ANBOL) (C-2058A)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 1560(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and consider the Tentative Agreement between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards .

15. Amendment No. One to the Professional Services Agreement with Infosend, Inc. for Printing, Mailing and Online Presentment and Authorization to Execute Documents for Credit-Card Pass-Through Fees (C-8614-1)
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; Volume 66 - Page 306
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b) Approve Amendment No. One to the Professional Services Agreement with Infosend , Inc . for Document Printing, Mailing Services and Online Presentment; and c) Authorize the City Manager and/or her designee to execute documents with the merch ant service providers to implement pass-through credit card fees for utility payments.

16. Amendment No. 2 to Official Police Tow Truck Service Agreements with G&WTowing (C- 3203) and Southside Towing (C-7008-1)
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; and b) Approve Amendment No. 2 to the Official Police Tow Truck Service Agreements with G&W Towing of Costa Mesa and PD Transport , Inc. , DEA Southside Towing , of Costa Mesa increasing towing rates , amending insurance requirements , and allowing insurance cost offsets in an amount not-to-exceed $75,000 per towing operator , and authorize the Mayor and City Clerk to execute the amendments.

MISCELLANEOUS

17. Grants and Donations Report for the Quarter Ending March 31, 2025 a) Determine this action is exempt from the Califorrr· a Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) <'>f tHe CEQA Guidelines because this action will not result in a physical change to the environment , direct-:1:Y-: or indirectly; and b) Receive and file.

18. Fiscal Year 2024-25 Second Quarter Fi
a) Determine this action is exempt fro vironmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and QA Guidelines because this action will not result in a physic al change to t tlire etly or indirectly; and b) Approve Budget Amendme revenue estimates and expenditure appropriations for ,e as further outlined in the report.

19. Approve the 2025 Plan
a) Determine t the California Environmental Quality Act (CEQA) pursuant to 60(c)(3) of the CEQA Guidelines because this action will not resul to the environment , directly or indirectly; and b) Approve the 1 ystem Management Plan as required by the State Water Resources Contro tJar r er 022-103- DWQ.

20. Planning Commission ancellation Notice for the April 17, 2025 Meeting Receive and file.

Motion by Mayor Pro Tern Kleiman, seconded by Councilmember Blom, to approve the Consent Calendar; and noting the amendments to Item 1 and the recusal by Mayor Stapleton to Item 5.

The motion carried unanimously.

XII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIII. PUBLIC COMMENTS ON NON-AGENDA ITEMS - None
XIV. PUBLIC HEARINGS
Prior to conducting the public hearings , the following ex parte communications were announced:
• Councilmember Weigand met with the owner of and consultant for Five Crowns (Item 22) • Councilmember Barto spoke with the owner of Five Crowns (Item 22) • Councilmembers Blom met with the owner of Five Crowns (Item 22) Volume 66 - Page 307
City of Newport Beach
April 29, 2025
• Mayor Pro Tern Kleim an spoke with Item 22's applic ant and appellant • Mayor Stapleton met with The Irvine Company (Item 23) and noted that their convers ation was fully reflected in the written record

21. Resolution No. 2025-17: Revising Certain Fees Within the Schedule of Rents, Fines and Fees
Mayor Stapleton opened the public hearing.

Jim Mosher commented on the library fees and suggested that the resolution reference that the Board of Library Trustees has authority to set library fees .

Hearing no further testimony, Mayor Stapleton closed the public hearing.

Motion by Mayor Stapleton, seconded by Councilmember Blom, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursu ant 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) adopt Resol uti on No. 2025-17 , A Resolution of the City of Newport Beach, California, Revising and Adopting Fees Within the Schedule of Rents, Fines, and Fees.

The motion carried unanimously.

22. Resolution No. 2025-18: Appeal of a Limited Term Permi and Coastal Development Permit for the Five Crowns Temporary Patio (PA2023-0202) (C-4014) Councilmember Weber recused herself n, CEO of Lawry's Restaurants Inc., being a client of her business and me.

Deputy Community Devel ntroduced Assistant Planner Whelan who utilized a presenta • o d. ject location and description , background and proposal , Emerg it (ETUP) history , Zoning Administrator and Planning Commission acti t e basis for staffs recommendations.

Mayor Stapleton opened the public hearing.

Ryan Wilson , CEO of Lawry's Re l urant , stated that he is representing Five Crowns and utilized a presentation to highlight their 60-year history in Corona del Mar and the actions taken at the Zoning Administrator and Planning Commission meetings . He detailed the additional Conditions of Approval they were willing to accept in order to be a better neighbor and requested that Council uphold the Planning Commission's decision .

Ken Catanzarite , appellant , discussed the 1977 Use Permit , expressed concerns about noise impacts on nearby residences due to the use of the outdoor patio , and questioned the legality of the application process. He also disputed the effectiveness of the proposed sound mitigation measures and asked Council to reconsider Planning Commission's decision and approve the appeal.

Jim Mosher discussed the purpose of disclosing ex parte communications , questioned the logic in requiring the applicant to provide its own noise study , suggested the City hire an on-call acoustics expert , doubted that the sound wall would be tall enough to block all lines of sight to the patio, and noted that Condition of Approvals 2 and 20 are the same .

Dwight Manley discussed his background , urged Council to support long-standing establishments like Five Crowns , and expressed support for the project .

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City of Newport Beach
April 29, 2025
Chad Tilner stated that the use of amplified music over recent years has increased which could be bothersome to neighbors. However , he indicated he remains neutral about the project but hoped that Council would take the nearby neighbors' concerns about noise into consideration.

Following Mayor Stapleton 's inquiry, no Councilmember amended their ex parte communication information.

Mr. Catanzarite asked Council to not ignore Five Crowns' sound impacts on the residents and indicated that his sound consultant believes that , no matter what is done by the restaurant , it will not mitigate the sound.

Hearing no further testimony, Mayor Stapleton closed the public hearing.

In response to Councilmember Grant's questions , Deputy Community Development Director Murillo stated that the most up-to-date sound study from the applicant is included with the staff report but the appellant also conducted a sound study . Further , the only location in the City with onsite sound monitoring is at Newport Dunes.

In response to the appellant's previous question , City Attorne y Harp clarified the intention of the section related to the application process.

In response to Councilmember Weigand's questions, IDeput Community Development Director Murillo and Assistant Planner Whelan discussed what initiat ~ the project, explained the purpose of proposing the limited term permit for this mateer, an reviewed the restaurant's complaint history over two years.

Councilmember Blom expressed support i¥e Crowns legacy , emphasizing its historical significance and communit cl key community-centered imperatives surpassing specific resentments linke rns regarding amplified noise.

In response to Cou arto's ant Planner Whelan indicated that the police department note st 1ve Crowns were not out of the ordinary compared to other restaura
Following discussi on , Councilmember Weigand suggested that Conditions of Approval 6, 8, 9, 10, 11, 16, 19 and 20 be either remove a or amended , emphasizing that the operating hours should be amended and the souna atten ation wall requirement should be removed. City Attorney Harp pointed out that the appellant would normally be given the opportunity at this time to comment on the proposed amendments; lfowever , he noted that Mr. Catanzarite was no longer in the Council Chambers.

Motion by Councilmember Weigand, seconded by Councilmember Blom, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines , California Code of Regulations , Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and b) adopt amended Resolution No. 2025-18 , A Resolution of the City Council of the City of Newport Beach, California, Denying an App eal and Upholding the Decision of the Planning Commission's and Zoning Administrator to Appro ve a Limited Term Permit for a Temporary Outdoor Dining Area with Live Entertainment Located at 3801 East Coast Highway (PA2023-0202) , including the removal or amendments to Conditions of Approval 6, 8, 9, 10, 11, 16, 19 and 20.

Mayor Pro Tern Kleiman concurred with Councilmember Weigand's recommended amendments , notably agreeing to eliminate the requirement for the sound mitigation wall after reviewing the extensive attempts made by Five Crowns to address noise concerns.

With Councilmember Weber recusing herself, the motion carried 6-0.

Volume 66 - Page 309
City of Newport Beach
April 29, 2025

23. Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19: Approving an Amendment to the North Newport Center Planned Community (PC-56)
Assistant City Manager Jurjis explained the background regarding the amendment and Principal Planner Westmorel and utilized a presentation to provide a staff report , reported that the amendment would allocate 1,500 dwelling units from the Housing Opportunity Overlay to the planned community , allow for increased building heights , make other changes to development standards , and highlighted the recommendations .

Councilmember Weigand requested and received confirmation from Principal Planner Westmoreland that the residential community in Block 100 would not impact the view ordin ance already established in the area.

Mayor Stapleton opened the public hearing.

Shawna Schaffner , representing The Irvine Company , stated that they agree with the recommendations.

Adam Leverenz raised concerns about the lack of affordable housing in the City given the trend for luxury development . He believed the City has a history of r.emoving affordable units without replacing them and warned about the negative consequenc es of failing to provide affordable housing.

Jim Mosher noted that The Irvine Company's 1,500-unit prop 0sal was added without a Greenlight vote (Charter Section 423). He also questioned the just ification for building all the units in one location , as it may significantly affect the views of the suProunding areas , including a publicly funded view platform .

Todd Larner expressed support for 1 since it is a step toward resolving housing supply issues , aligns • 1ples that would ensure that the City remains an employm ty housing without signific antly impacting local traffic.

Georgina Jacobs e Irvine Company's proposal since it addresses the housing mandat s quality of life.

Councilmember Blom thanke :Yhe Irvine Company for being a part of the community and making an investment in the City , and commended Principal Planner Westmoreland for her presentation .

Councilmember Grant reviewed the City's efforts and milestones for achieving affordable housing , and assured everyone that the City is working tirelessly on the matter.

Motion by Councilmember Blom, seconded by Councilmember Grant, to a) find this matter is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines because it is consistent with the previously certified Program Environmental Impact Report (SCH No. 2023060699); b) waive full reading , direct the City Clerk to read by title only , introduce Ordin ance No. 2025-7 , An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the North Newport Center Planned Community Development Plan (PC-56) to Allocate 1,500 Base Dwelling Units from the HO-4 (Newport Center Area) Subarea Development Limits Set Forth in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) of the Newport Beach Municipal Code to the North Newport Center Planned Community (PC-56) Development Plan for 100 and 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024-0173), and pass to a second reading on June 10, 2025; c) waive full reading , direct the City Clerk to read by title only , Volume 66 - Page 310
City of Newport Beach
April 29, 2025
introduce amended Ordinance No. 2025-8 , An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Project Located at 100 and 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024-0173), and pass to a second reading on June 10, 2025; and d) approve Resolution No. 2025- 19, A Resolution of the City Council of the City of Newport Beach, California , Approving an Affordable Housing Implementation Plan (AHIP) and Water Supply Assessment for Properties Located at 100 and 190 Newport Center Drive and Various Addresses Within the North Newport Center Planned Community (PA2024-0173).

The motion carried unanimously.

Regarding Item 22 and prior to Motion for Reconsideration , City Attorney Harp received confirmation from the City Council that the changes to the Conditions of Approval and adoption of Resolution No. 2025-18 also authorizes the City to amend the Findings of Fact that are attached to the resolution in order to conform with the motion .

XV. MOTION FOR RECONSIDERATION - None
XVI. PUBLIC COMMENTS ON CLOSED SESSION
Jim Mosher expressed concern over the lack of detail p Session Item A, noting that the Brown Act does not prohibit revealing the subject m was done by a previous City Attorney in 2011 .

City Attorney Harp announced that the City CounGil wou a ourn o losed Session to discuss the items listed on the Closed Session agenda and
Mayor Stapleton recessed the meeti
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATI0N - INI'TIA'l\'ION OF LITIGATION
(Government C 6 ): Cl matter
Agency Designated Representatives: Grace K. Leung , City Manager , Barbara Salvini , Director of Human Resources, and Jonathan Holtzman , Esq ., Negotiators .

Employee Organizations: Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NEEL); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NEPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB).

Mayor Stapleton reconvened the meeting at 7:05 p.m.

XVIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.

Councilmember Grant announced that Elizabeth Stahr passed away today and that the City Council will be adjourning a future meeting in her honor.

Volume 66 - Page 311
City of Newport Beach
April 29, 2025
XIX. ADJOURNMENT - Adjourned at 7:05 p.m. in memory of Andrea Donahue 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 April 24, 2025, at 4:00 p.m.

Leilani I. Brown
City Clerk
Joe Stapleton
Mayor
Volume 66 - Page 312

= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY: Corey Wolik, Lieutenant - 949-644-3681, [email protected] TITLE: Ordinance No. 2025-6: Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach
ABSTRACT:

For the City Council's consideration is the adoption of Ordinance 2025-6, amending of the Newport Beach Municipal Code (NBMC) Chapter 11.04 (Parks, Park Facilities, and Beaches) to prohibit the operation of bicycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from operation on beaches within the City of Newport Beach. The ordinance was introduced for consideration at the City Council's April 29, 2025, regular meeting.

DISCUSSION:

At its April 29, 2025 meeting, the City Council introduced and passed to second reading Ordinance No. 2025-6. The ordinance would prohibit the operation of bicycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from operation on beaches within the City of Newport Beach. If adopted, the ordinance would become effective June 13, 2025.

Police officers working the Newport Beach Peninsula area have recently observed a significant increase in the number of e-bikers riding their bikes on the sand. This poses a significant risk to beachgoers for a variety of reasons. The speed capacity of the e-bikes in combination with the terrain of the beach (which includes sand berms with limited visibility), and large crowds during summer months, could lead to disastrous consequences for beachgoers who aren't accustomed to looking out for vehicles while enjoying the sand.
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Ordinance No. 2025-6: Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach
May 13, 2025

Page 2 ends

In addition to the safety concerns , e-bikers have been riding on the sand dunes, which are considered an Environmentally Sensitive Habitat Area (ESHA). Sand dunes provide nesting and shelter for several species of endangered birds and provide habitat for such rare species as the California legless lizard and several species of Blue Butterfly. It is imperative to keep e-bike riders off of these dunes in order to preserve this fragile habitat area and prevent unnecessary destruction .

In an effort to proactively address the situation and enhance public safety, the Newport Beach Police Department seeks City Council approval to amend NBMC Chapter 11 .04 (Parks, Park Facilities, and Beaches) to prohibit the operation of bicycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from being operated on the City's beaches.

FISCAL IMPACT:

There is no fiscal impact for this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment , directly or indirectly .

NOTICING:

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

ATTACHMENTS:

Attachment A - Ordinance No. 2025-6
Attachment B - Redline of NBMC Chapter 11 .04.080
3-2

ATTACHMENT A
ORDINANCE NO. 2025-_§_

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 11.04 (PARKS, PARK FACILITIES, AND
BEACHES) OF THE • NEWPORT BEACH MUNICIPAL

CODE RELATED TO THE USE OF BICYCLES, ELECTRIC

BICYCLES, AND OTHER SUCH DEVICES ON THE
BEACH
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, the City owns and operates 6.7 miles of ocean beaches and 2.5 miles of bay beaches which attract tens of millions of visitors annually, resulting in high pedestrian demand and crowded foot traffic, especially during holidays and peak seasons;
WHEREAS, the City's beaches have seen a substantial increase in the use of bicycles, electric bicycles, and other vehicles on the beach, which poses an unreasonable risk of injury to beach pedestrians and to the safety of the cyclists; WHEREAS, the City has approximately 50.4 miles of bike lanes, 9.6 miles of on- • street bike routes, and 20.1 miles of sidewalk authorized by resolution of the City Council for bicycle use, all of which cyclists may utilize for travel throughout the City and enjoy for cycling recreation;
WHEREAS, the City desires to maximize public use and enjoyment of the City's beaches by implementing rules and regulations that promote the overall health, safety and welfare of beachgoers by reserving use of the oceanfront beaches for pedestrians; WHEREAS, the California Vehicle Code ("CVC") authorizes a public agency to regulate the use of bicycles, electric bicycles, motorized bicycles, electrically motorized boards, pedicabs, and other such devices within the jurisdiction of the public agency; WHEREAS, Newport Beach Municipal Code ("NBMC") Chapter 11.04 (Parks, Park Facilities, And Beaches) provides regulations regarding the use of the City's beaches; and
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Ordinance No. 2025-

Page 2 of 6 ends

WHEREAS, the City Council desires to amend NBMC Chapters 11.04 (Parks, Park Facilities, And Beaches) to prohibit the operation of bicycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs and surrey cycles from operation on the City's beaches and to update provisions in the NBMC related to said bicycles and similar devices.

NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:

Section 1: The table for contents for Chapter 11.04 (Parks, Park Facilities, and Beaches) of the NBMC is hereby amended to read as follows:

Chapter 11.04

PARKS, PARK FACILITIES, AND BEACHES
Sections:

11.04.010 Intent and Purpose.

11.04.020 Definitions.

11.04.030 General Administration.

11.04.040 Park Hours.

11.04.050 Closed Park Areas.

11.04.060 Permit or Agreement Requirement.

11.04.070 Prohibited Conduct.

11.04.080 Biking and Similar Activities on the Beach.

11.04.090 Abandoned Bicycle.

11.04.100 Violation of Rules and Policies of Department.

11.04.110 Ejection.

11.04.120 Prohibition Against Obstructing Performance of City Employee.

11.04.130 Exemption.

11.04.140 Penalty.

Section 2: Section 11.04.020 (Definitions) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the NBMC is hereby amended to read as follows:

11.04.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:
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Ordinance No. 2025-

Page 3 of 6 ends

"Beach" or "beaches" means any public oceanfront or bayfront beach within the City of Newport Beach, including ocean or bay public piers, public floats, public wharves or public strands adjoining public oceanfront or bayfront beach areas. "Bicycle" has the same meaning as defined in California Vehicle Code Section 231.
"Bicycle rack" means a structure or rack specifically designed for the fastening or attaching of bicycles to the structure or rack.
"Director" means the Director of the Recreation and Senior Services Department. "Electric bicycle" has the same meaning as defined in California Vehicle Code Section 312.5.
"Electrically motorized board" has the same meaning as defined in California Vehicle Code Section 313.5.
"Instructional activity" means any educational or recreational program or activity involving individual, team, or group instruction that is conducted or performed when there is monetary consideration provided for participation in the program or activity that occurs in a park, park facility, or on a beach. "Motorized bicycle" has the same meaning as defined in California Vehicle Code Section 406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code Section 407.5.
"Park" or "park facility" means all publicly owned or leased property, grounds, parking lots, roadways, venues, bike paths, walking or hiking trails, parks and park-related buildings, facilities and improvements, together with the sidewalks or walkways abutting or adjoining the same, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director.
"Park patrol" and "park patrol officer" mean and include the park patrol officers authorized under Section 1.12.020.
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Ordinance No. 2025-

Page 4 of 6 ends

"Pedicab" has the same meaning as defined in California Vehicle Code Section 467.5
"Surrey cycle" means a bicycle or electric bicycle with seating for one or more persons which has four or more wheels.
"Regulations" means the provisions of this chapter and such rules, policies and regulations established from time to time by the City Council or the Director for the administration of this chapter.

Section 3: Section 11.04.080 (Biking and Similar Activities on the Beach) of Chapter 11.04 (Parks, Park Facilities, and Beaches) is added to the NBMC and shall read as follows:

Section 11.04.080 Biking and Similar Activities on the Beach.

It is unlawful for any person to drive or ride any bicycle, electric bicycle, electrically motorized board, motorized bicycle, motorized scooter, pedicab or surrey cycle on the sandy portion of any beach.

Section 4: Section 11.040.090 (Abandoned Bicycle) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the NBMC is hereby amended to read as follows:

Any bicycle, electric bicycle, electrically motorized board, motorized bicycle, motorized scooter, pedicab or surrey cycle that is attached or fastened to any City property, including a bicycle rack, or left in a park, park facility, on a beach, or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be deemed abandoned property and may be impounded by the City. Any such device which has been impounded by the City and held for ninety (90) days without redemption by or on behalf of the lawful owner thereof shall, if saleable, • be sold at such time and place and in such a manner as required by California Civil Code Section 2080 et seq.

Section 5: Section 11.040.130 (Exemption) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the NBMC is hereby amended to read as follows:

The provisions of this chapter shall not apply to a law enforcement officer, an employee or contractor of the City acting in the course and scope of their 3-6
Ordinance No. 2025-

Page 5 of 6 ends

employment, or to activities or programs of the Recreation and Senior Services Department or authorized by a special event permit issued by the Director pursuant to the provisions of Chapter 11.03.

Section 6: The City's Traffic Engineer or designee is hereby directed to erect or place appropriate signs giving notice of the regulations imposed by this Ordinance.

Section 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.

Section 8: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance 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 9: The City Council finds the introduction and adoption of this ordinance 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 10: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2025-

Page 6 of 6 ends

Section 11: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 29th day of April, 2025, and adopted on the 13th day of May, 2025, by the following vote, to-wit:

AYES: ----- ---- -------------
NAYS:

ABSENT: ____ _______________ _

JOE STAPLETON , MAYOR
ATTEST:

LEILANI I. BROWN, CITY CLERK
VED AS TO FORM:

ORNEY'S OFFlrt
,,.___ ( . l( ~
NC. HARP, CITY ATTORNEY
3-8

ATTACHMENT B
Chapter 11.04

PARKS, PARK FACILITIES, AND BEACHES
Sections :

11.04.010 Intent and Purpose.

11.04.020 Definitions.

11.04.030 General Administration.

11.04.040 Park Hours.

11.04.050 Closed Park Areas.

11.04.060 Permit or Agreement Requirement.

11.04.070 Prohibited Conduct.

11.04.080 Biking and Similar Activities on the Beach.

11.04.090 Abandoned Bicycle.

11.04.100 Violation of Rules and Policies of Department.

11.04.110 Ejection.

11.04.120 Prohibition Against Obstructing Performance of City Employee.

11.04.130 Exemption.

11.04.140 Penalty.

11.04.01 O Intent and Purpose.

It is the policy of the City of Newport Beach to allow maximum public use of the City's public parks , park facilities and beaches subject to rules and regulations necessary for administration and maintenance of the City's public parks , park facilities and beaches. The City Council finds that these rules and regulations are necessary to preserve and protect the public health , safety and welfare . All persons using the City's public parks , park facilities and beaches shall comply with the provisions of this chapter , in addition to any other provisions contained within this code . Consistent with the provisions of this chapter , the Director shall be responsible for administering the use of the City's public parks , park facilities and beaches and shall be authorized to enforce this chapter and establish and enforce policies , rules and regulations regarding the use and administration of the City's public parks , park facilities and beaches . (Ord. 2012-6 § 1 (part), 2012 : Ord. 2004-26 § 3 (part) , 2004)

11.04.020 Definitions.

For the purposes of this chapter , the following words and phrases shall have the meanings set forth in this section :
3-9
"Beach" or "beaches" means any public oceanfront or bayfront beach within the City of Newport Beach , including ocean or bay public piers , public floats , public wharves or public strands adjoining public oceanfront or bayfront beach areas. "Bicycle" meafls a device upeFl vvhich afly persefl may ride, vvhich is prepeHed exclusively by humafl pevver threugh a belt, chaifl, er gears, afld vvhich has efle er mere vvheels has the same meaning as defined in California Vehicle Code Section 231 . "Bicycle rack" means a structure or rack specifically designed for the fastening or attaching of bicycles to the structure or rack .
"Director" means the Director of the Recreation and Senior Services Department . "Electric bicycle" has the same meaning as defined in California Vehicle Code Section 312.5 . "Electrically Motorized Board" has the same meaning as defined in California Vehicle Code Section 313.5.
"Instructional activity" means any educational or recreational program or activity involving individual, team, or group instruction that is conducted or performed when there is monetary consideration provided for participation in the program or activity that occurs in a park , park facility , or on a beach .
"Motorized bicycle" has the same meaning as defined in California Vehicle Code Section 406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code Section 407.5.
"Park" or "park facility" means all publicly owned or leased property , grounds, parking lots , roadways , venues , bike paths , walking or hiking trails , parks and park-related buildings , facilities and improvements , together with the sidewalks or walkways abutting or adjoining the same, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director . "Park patrol" and "park patrol officer" mean and include the park patrol officers authorized under Section 1.12.020.
"Pedicab" has the same meaning as defined in California Vehicle Code Section 467.5 "Surrey cycle" means a bicycle or electric bicycle with seating for one or more persons which has four or more wheels.
"Regulations" means the provisions of this chapter and such rules , policies and regulations established from time to time by the City Council or the Director for the 3-10
administration of this chapter . (Ord. 2023-22 § 516, 2023 ; Ord. 2012-6 § 1 (part), 2012 : Ord. 2004-26 § 3 (part) , 2004)

11.04.030 General Administration.

A. Any activity held at a park , park facility , or beach will be conducted according to the regulations of this chapter and all applicable laws , including fire and safety regulations and applicable provisions of this code .

B. Any person or group of people violating the regulations or conditions of any permit shall be subject to the immediate revocation of park or park facility use privileges provided in the permit . The City shall be entitled to retain all fees previously paid .

C. Any person using a park , park facility , or beach shall be liable and responsible for paying for any damage to any person or property including , but not limited to, City property connected with such use.

D. When groups or organizations desire to use a park or park facility on a repetitive basis , they shall first obtain the Director's approval through a separate park or park facility use agreement . No person shall violate any conditions set forth in a use agreement or continue to conduct any activity or use for which a use agreement is required upon revocation of a use agreement .

E. Use of a park or park facility for group activities or events shall not interfere with the public enjoyment of the park or park facility ; detract from the health , safety , welfare or recreation of the general public ; cause unusual or extraordinary expense to the City; nor draw crowds in excess of the capacity of the park or park facility .

F. Scheduling procedures , use regulations , and application processes for City parks or park facilities shall be determined by the Director . (Ord. 2012-6 § 1 (part) , 2012 : Ord. 2004- 26 § 3 (part) , 2004)

11.04.040 Park Hours.

No person shall enter or remain upon any park or park facility between the hours of 11 :00 p.m. and 6:00 a.m. the following morning . (Ord. 2012-6 § 1 (part) , 2012: Ord. 2004-26 § 3 (part) , 2004)

11.04.050 Closed Park Areas.

When necessary for the protection of the public interest , health , or welfare , the City Manager, Director , Chief of Police , or Fire Chief shall have the authority to close from public access or use any park , park facility , or portion thereof , on a temporary basis . No person 3-11
shall enter or remain upon areas posted or publicly noticed as closed . (Ord. 2023-22 § 517, 2023 ; Ord. 2012-6 § 1 (part) , 2012 : Ord. 2004-26 § 3 (part) , 2004)

11.04.060 Permit or Agreement Requirement.

A. The Director may issue permits allowing use of a park or park facility , or portion thereof , by one or more persons to the exclusion of others in connection with planned social occasions such as birthday parties , programs and recreational activities . No person other than the person authorized by the permit shall enter or remain on designated park or park facility , or portion thereof , during the period covered by the permit . All park or park facility use permits issued may only be used by the permit holder . Director permits are nontransferable .

B. The Director shall have the authority to post reservation notices at a park or park facility , or portion thereof , notifying the public that a park or park facility , or portion thereof , is reserved for exclusive use during a specified time period , pursuant to a permit . No person shall disobey any reservation notice posted or issued by the Director relating to the use of any park or park facility , or portion thereof , site , tables or other public accommodations identified in the permit .

C. Any person that wishes to use a park , park facility , or a portion thereof , for repetitive athletic league, team or group sporting activity, including any games , practices, clinics , or other sport related events , shall first obtain a permit or use agreement from the Director authorizing said use prior to occupying the park , park facility , or portion thereof , for said activities.

D. No person shall conduct or perform any instructional activity for monetary consideration in a park , park facility , or on a beach without first obtaining a written agreement from the Director to conduct or perform said instructional activity in a park , park facility , or on a beach . No person shall violate any conditions set forth in said written agreement or continue to conduct any activity or use for which said agreement is required upon revocation of said agreement .

E. Any person not having a permit for the use of a park or park facility shall surrender or turn over possession of the park , park facility , or portion thereof , to any person having possession of a valid permit from the Director . A person not having a permit from the Director shall not refuse to or fail to surrender the use of such park , park facility , or portion thereof , to any person who has a permit for the use of such park , park facility , of portion thereof , from the Director . (Ord. 2012-6 § 1 (part) , 2012 : Ord. 2004-26 § 3 (part) , 2004) 3-12

11.04.070 Prohibited Conduct.

It is unlawful for any person to conduct , perform or participate in any of the following activities at any park , park facility , beach or oceanfront boardwalk unless otherwise authorized to do so by the Director :

A. Hit, strike or chip a golf ball except in designated areas for such purposes .

B. Rollerblade , roller skate or skateboard on any public tennis or sport court .

C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City for use, except , this section shall not apply to an employee of the City who removes athletic equipment or paraphernalia while engaged in the course and scope of his or her employment .

D. Play basketball on any outdoor public basketball court within three hundred (300) feet of any residentially zoned parcel , between 7:00 p.m . and 8:00 a.m. the following morning.

E. Use any park or park facility when a fee is charged , or permit or use agreement is required , without first having paid the required fee or having received any required permit or use agreement as required under Section 11 .04.030(0) or 11 .04.060.

F. Drive, propel , ride or park or leave standing any vehicle propelled by a motor except in areas designated for such purposes , except , this section shall not apply to an employee of the City acting in the course and scope of his or her employment , or to activities authorized by a special event permit issued pursuant to the provisions of Chapter 11 .03. This section does not permit public parking of event attendees .

G. Continuing to conduct or perform any event , activity , behavior or conduct that is determined to be unsafe , a nuisance , or a disturbance to the public by the Director , a park patrol officer , code enforcement officer , lifeguard or peace officer after the person or group of people conducting or performing the event , activity , behavior or conduct has been issued a verbal or written warning that said event , activity , behavior or conduct has been determined to be unsafe , a nuisance , or a disturbance to the public .

H. Engaging in any sidewalk vending activity unless conducted in compliance with Chapter 5.97, or any successor chapter .

I. Use any public fountain , public drinking faucet , public restroom sink or public sprinkler to wash dishes , clothing or garments , to bathe , or conduct personal hygiene (such as washing hair or body with or without soap , shampoo or similar personal hygiene products ; shaving with or without shaving cream or similar personal hygiene products ; oral care 3-13
including using mouthwash or brushing teeth with or without toothpaste or similar personal hygiene products ; cleaning any injury , wound , lesion , gash or abrasion in any manner with or without medical products , cleaning products or similar personal hygiene products ; using any medical or other personal hygiene product to rid the body of lice or any disease , infection or growth) .

J. Cut , break , injure , deface , or disturb any City tree , shrub , plant , rock , building , cage, pen , monument, fence , bench or other structure , apparatus , or property. (Ord. 2024-19 § 6, 2024 ; Ord. 2023-11 §§ 3, 4, 2023 ; Ord. 2018-19 § 6, 2018; Ord. 2012-6 § 1 (part) , 2012 : Ord. 2004-26 § 3 (part) , 2004 . Formerly 11 .04.080)

11.04.080 Biking and Similar Activities on the Beach.
clt=i=s="u=n=la=w=f=u=l =fo=r="a=n~y=!'p'=e=rs=o=n===to=d=r=iv=e=o=r=r=i d=e=a=n=y"==b i=c±yc=l=e"=, =e=le=c=tr=i c===b i=c±y=c l=e"=, =e=le=c=tr=i c=a=l>±ly,____ __ ~--------! Formatted: Font Not Bold motorized board , motorized bicycle , motorized scooter , pedicab or surrey cycle on the sandy portion of any beach .

11.04.090 Abandoned Bicycle.

Any bicycle , electric bicycle, electrically motorized board, motorized bicycle , motorized scooter , pedicab or surrey cycle that is attached or fastened to any City property , including a bicycle rack , or left in a park , park facility , on a beach , or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be deemed abandoned property and may be impounded by the City. Any bfeyete-such device which has been impounded by the City and held for ninety (90) days without redemption by or on behalf of the lawful owner thereof shall , if saleable , be sold at such time and place and in such a manner as required by California Civil Code Section 2080 et seq . (Ord. 2023-22 § 519, 2023 ; Ord. 2012-6 § 1 (part) , 2012)

11.04.100 Violation of Rules and Policies of Department.

No person shall disobey or violate any of the written rules , policies or regulations issued by the Director governing the use and enjoyment by the public of any park , park facility , or beach . (Ord. 2012-6 § 1 (part) , 2012 : Ord. 2004-26 § 3 (part) , 2004 . Formerly 11 .04.090)

11.04.11 0 Ejection.

Any person who violates any of the prohibited conduct provisions in this chapter shall be guilty of disorderly conduct and may be ejected from the park , park facility , or beach by the Director , a park patrol officer , a code enforcement officer , a lifeguard , or a peace officer . (Ord . 2012-6 § 1 (part) , 2012. Formerly 11 .04.100)
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11.04.120 Prohibition Against Obstructing Performance of City Employee.

No person shall willfully delay or obstruct any City employee in the performance of his or her duties in a park , park facility , or on a beach . (Ord. 2012-6 § 1 (part) , 2012 : Ord. 2004-26 § 3 (part) , 2004 . Formerly 11 .04.11 O)

11.04.130 Exemption.

The provisions of this chapter shall not apply to a law enforcement officer , an employee _or contractor of the City acting in the course and scope of t'lis er t'ler their employment , or to activities or programs of the Recreation and Senior Services Department or authorized by a special event permit issued by the Director pursuant to the provisions of Chapter 11 .03. (Ord . 2012-6 § 1 (part) , 2012: Ord. 2004-26 § 3 (part) , 2004 . Formerly 11 .04.120)

11.04.140 Penalty.

Unlawful sidewalk vending activities shall be punished in accord ance with Chapter 5.97. (Ord . 2023-22 § 520, 2023 ; Ord. 2018-19 § 7, 2018 ; Ord. 2012-6 § 1 (part) , 2012) 3-15

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

May 13, 2025
Agenda Item No. 4

ABSTRACT:

The Tentative Agreement (Agreement) regarding a Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Firefighters Association (NBFA or Association) was submitted at the Regular Meeting on A pril 29, 2025 to provide the City Council and the community an opportunity to consider the terms and costs of the Agreement.

The proposed MOU is now presented for the City Council’s approval (or rejection) . This is the final step in the meet and confer process with the NBFA. Included in the recommendation for approval of the MOU is the associated salary schedule. The attached budget amendment appropriates the required funding to implement the costs associated with the agreement for the current fiscal year.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
[email protected]
PREPARED BY: Barbara J. Salvini, Human Resources Director - 949-644-3259, [email protected]
TITLE: Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule
Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule May 13, 2025

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DISCUSSION:

The following discussion was provided, in part, with the April 29, 2025, staff report and is included here for reference:

The Newport Beach Firefighters Association is a recognized employee association and represents approximately 125 employees, including 118 safety members and seven non-safety members.

Topics discussed during negotiations included wage adjustments, equipment allowance , leaves, certification pay, and other non -economic matters. Clarifying language to existing provisions was added where necessary.

Salient provisions of the Tentative Agreement between the City and NBFA include:
• Term - approximately three years, expiring June 30, 2028.

• Wage adjustments -

o First full pay period after May 1, 2025 – 4%
o First full pay period following July 1, 2026 – 4%
o First full pay period following July 1, 2027 – 4%

• Equity Adjustment for Safety Classifications - Effective the first full pay period after May 1, 2025, the base salary for represented safety classifications will increase by 2%.

• Longevity Pay Adjustments for Safety Classifications - Adjustments to existing longevity pay for safety classifications will provide an additional 5% for those with at least 15 years of service, but less than 20 years of service. Safety members with 20 or more years of service will receive an additional 10%.

• Medical Insurance – The City will contribute $2,224 per month (plus the minimum CalPERS participating employee contribution) to each member’s cafeteria plan.

• Holidays – Because safety line members are expected to work without regard to City-recognized holidays, all holidays will be provided as cash with no option to take holidays as time off.

• Non-Accruing Leave Bank – Safety line employees will receive 48 hours annually of paid leave. The hours do not accrue, have no cash value, and are nontransferable.

Resolution No. 2025-20: Adopting a Memorandum of Understanding with the Newport Beach Firefighters Association and Associated Salary Schedule May 13, 2025

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The City Council reviewed the Tentative Agreement and proposed MOU with NBFA at its regular meeting of A pril 29, 202 5, after which the costing information and proposed revisions to the MOU were posted for public review on the City’s website. A final version of the successor MOU is being presented (Attachment A) in accordance with Government Code §3505.1. The total cost of the NBFA MOU is approximately $12.5 million . If the Council approves adoption of the MOU, City staff will work to implement the terms as soon as practicable.

FISCAL IMPACT:

Detailed cost information is provided in Attachment B. Since the MOU covers the period from May 3, 2025, through June 30, 2028, it will result in the following annual fiscal impacts to implement the terms of the agreement, totaling $12,464,969:

Fiscal Year Amount
2024/25 $ 422,413
2025/26 2,745,685
2026/27 3,995,326
2027/28 5,301,545
$12,464,969

A budget amendment is required to appropriate $422,413.15 from the General Fund unappropriated surplus fund balance to implement the terms for the remainder of Fiscal Year 2024-25. Adequate funding will be included in the annual budget for subsequent years.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the enviro nment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

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

ATTACHMENTS:

Attachment A – Resolution No. 2025-20, including Exhibit A, NBFA MOU Attachment B – Costing
Attachment C – Budget Amendment No. 25-063

ATTACHMENT A
RESOLUTION NO. 2025-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, ADOPTING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF NEWPORT BEACH AND THE NEWPORT

BEACH FIREFIGHTERS ASSOCIATION AND

AMENDING THE SALARY SCHEDULE
WHEREAS, the City Council of the City of Newport Beach ("City Council") previously adopted Resolution No. 2001-50, the "Employer-Employee Relations Resolution," pursuant to authority contained in the Meyers-Milias-Brown Act, Government Code 3500, et seq.;
WHEREAS, the City of Newport Beach ("City") promotes effective communication and collaborative working relationships with its employee associations to foster improved relations while balancing good management practices;
WHEREAS, the City previously entered into a Memorandum of Understanding ("MOU") with the Newport Beach Firefighters Association ("NBFA") a recognized organization, for the term of January 1, 2022, through December 31 , 2025; WHEREAS , representatives from the City and NBFA met and conferred in good faith and reached a tentative agreement on wages, benefits and other terms and conditions of employment, which are memorialized in the Memorandum of Understanding between the City and NBFA ("Memorandum of Understanding") attached hereto as Attachment A and incorporated herein by this reference; WHEREAS , NBFA has ratified the Memorandum of Understanding; WHEREAS , City of Newport Beach Charter Section 601 requires the City Council to provide the number, titles, qualifications, powers, duties and compensation of all officers and employees of the City;
WHEREAS , Newport Beach Municipal Code Section 2.28.010 (Establishment of Classification and Salary Ranges) provides, upon recommendation of the City Manager, the City Council may establish by resolution the salary range or rate for each position; WHEREAS , by adopting this resolution, the City Council intends to amend the salary schedule for NBFA unit members so as to be in conformance with the Memorandum of Understanding;
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Resolution No. 2025 -

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WHEREAS , the City Manager has reviewed the changes to the salary schedule for NBFA unit members provided in this resolution and recommends approval; WHEREAS, the City Council received and considered the Memorandum of Understanding at its regular meeting on April 29, 2025; and WHEREAS, by adopting this resolution, the City Council also desires to replace the 2022-2025 memorandum of understanding between the City and NBFA by adopting the Memorandum of Understanding attached hereto as Attachment A to serve as the successor agreement between the City and NBFA for the period May 3, 2025 through June 30, 2028.

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

Section 1: The City Council hereby approves, and authorizes the Mayor to execute the Memorandum of Understanding attached hereto as Attachment A. The wages, hours, fringe benefits, and other terms and conditions of employment for employees represented by NBFA shall be provided in accordance with the provisions of the Memorandum of Understanding, which shall serve as the successor agreement between the City and NBFA for the period May 3, 2025, through June 30, 2028.

Section 2: The City's salary schedule shall be modified so as to be consistent with this resolution, the Memorandum of Understanding, and Exhibit A to the Memorandum of Understanding. Any resolution, or part thereof, in conflict with this resolution shall be of no effect.

Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 4: 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.

Resolution No. 2025 -

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Section 5: 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 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly .

Section 6: 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 13th day of May 2025.

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY A ORNEY'S OFFICE
--C.

Aaron C. Harp
City Attorney
Attachment A - Memorandum of Understanding
Joe Stapleton
Mayor
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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF NEWPORT BEACH
AND

THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: May 3, 2025 through June 30, 2028
NBFA MOU 2025-2028
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Table of Contents
PREAMBLE .......................................................................................................................................................... 3 SECTION 1. GENERAL PROVISIONS .............................................................................................................. 3 RECOGNITION ........................................................................................ ........................................................ 3 TERM ............................................................................................................................................................... 3 RELEASE TIME ............................................................................................................................................... .4 SCOPE ........................................................ ..................................................................................................... 5 BULLETIN BOARDS ......................................................................................................................................... 5 AUTHORITY TO DEDUCT DUES FROM MEMBERS' PAYCHECKS ............................................................. 6 MAINTENANCE OF MEMBERSHIP ................................................................................................................ 6 CONCLUSIVENESS ........................................................................................................................................ 6 MODIFICATIONS ............................................................................................................................................. 6 SAVINGS ......................................................................................................................................................... 6 IMPASSE .................................................................... ..................................................................................... 7 DEFINITIONS ................................................................................................................................................... ? SECTION 2. COMPENSATION .......................................................................................................................... 7 SALARY ADJUSTMENTS - THIS MOU PERIOD ....... .. ........ ..... ..... ...... ... ............... ..... ........... .......... 7 SALARY DIFFERENTIAL ............................................................................................................................... 8 FIREFIGHTER- SPECIAL STEP INCREASE ........................... ........................................................................ 8 PROBATIONARY FIREFIGHTER TRAINING STEP ........................................................................................ 8 OVERTIME ....................................................................................................................................................... 8 REQUIRED UNIFORM ..................................................................................................................................... 9 SCHOLASTIC/CERTIFICATE ACHIEVEMENT PAY .................................................................................... 10 SPECIAL ASSIGNMENT PAY ........................................................................................................................ 11 TEMPORARY UPGRADING OF EMPLOYEES ........................................................................................... 12 Y-RATING .................................................................... .............................................. .................................... 14 SHIFTHOLDOVER ........................................................................................................................................ 14 EMERGENCY RECALL ................................................................................................................................. 14 BILINGUAL PAY ............................................................................................................................................. 15 COURT STANDBY PAY .......................................... .................. ..................................................................... 15 LONGEVITY PAY .......................................................................................................................................... 15 SECTION 3. LEAVES ....................................................................................................................................... 16 FLEX LEAVE ............................................................................................................................................... 16 HOLIDAY TIME ............... ............................................... .. ............................................................................. 17 BEREAVEMENTLEAVE ................................................................................................................................ 18 CATASTROPHIC LEAVE. .............................................................................................................................. 18 JURY DUTY ............................................................................................................................ .................. ...... 18 WORKER'S COMPENSATION LEAVE ...................................................................................... ................... 19 SCHEDULING OF MEDICAL TREATMENT FOR INDUSTRIAL INJURIES ................................................... 19 REASSIGNMENT ........................................................................................................................................... 19 EARLY RELIEF .................................................................... .......................................................................... 20 NON-ACCRUING LEA VE (NAL) BANK FOR LINE EMPLOYEES ................................................................. 20 SECTION 4. FRINGE BENEFITS ..................................................................................................................... 20 INSURANCE ................................................................................................................................................ 20 ADDITIONAL HEAL TH INSURANCE/PROGRAMS ........................................................... ........................... 22 EMPLOYEE ASSISTANCE PROGRAM ........................................................................................................ 23 PERS RETIREMENT BENEFIT ...................................................................................................................... 23 DEFINED CONTRIBUTION PLAN .................................................................................................................. 25 RETIREE MEDICAL BENEFIT .... ................................................................................................................... 25 TUITION REIMBURSEMENT ANDTRAINING .............................................................................................. 29 FITNESS PROGRAM ..................................................................................................................................... 30 PHYSICAL CONDITIONING EQUIPMENT ................................................................... ................................ 30 4-8

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SECTION 5. MISCELLANEOUS PROVISIONS .............................................................................................. 30 REDUCTIONS IN FORCE/LAYOFFS .......................................................................................................... 30 DISCIPLINE PLAN .......................................................................................................................................... 33 FIRE SUPPRESSION EQUIPMENT STAFFING LEVELS .............................................................................. 33 EMT CERTIFICATION ................................................................................................................................... 33 NO SMOKING ............................................................................................................................................... 33 INSPECTOR I DEPUTY MARSHAL CLASSIFICATIONS .............................................................................. 33 EXPOSURE LOG ........................................................................................................................................... 34 GRIEVANCE PROCEDURE .......................................................................................................................... 34 48/96 SCHEDULE ......................................................................................................................................... 34 CONSECUTIVE SHIFTS ............................................................................................................................... 34 REQUIREMENT TO LIVE WITHIN 150 MILES OF CITY LIMITS ................................................................ 34 OVERPAYM ENT ............................................ ..................................... ......................................................... 34 NBFA MOU 2025-2028
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PREAMBLE
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following:

1. The Newport Beach Firefighters Association, International Association of Firefighters, Local 3734 ("NBFA"), a recognized employee organization, and the City of Newport Beach ("City"), a municipal corporation and charter city, have been meeting and conferring, in good faith, with respect to wages, hours, fringe benefits and other terms and conditions of employment of employees in the unit of representation NBFA is recognized to represent (unit members).

2. This MOU, upon approval by NBFA and the Newport Beach City Council, represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation.

SECTION 1. GENERAL PROVISIONS
A. RECOGNITION
In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias-Brown Act of the State of California and the provisions of the Employer's/Employee Labor Relations Resolution No. 2001-50, the City acknowledges that NBFA is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in the classifications of:

B. TERM
Safety Classifications:

Fire Captain
Fire Engineer
Firefighter Paramedic
Firefighter
Non-Safety
Classifications:

Fire Services Coordinator
Fire Inspector
Senior Fire Inspector
Deputy Fire Marshal

1. Except as specifically provided otherwise, any ordinance, resolution or action of the City Council necessary to implement this MOU shall be considered effective as of May 3, 2025. This MOU shall remain in full force and effect until June 30, 2028 and the provisions of this MOU shall continue after the date of expiration of this MOU in the event the parties are meeting and conferring on a successor MOU.

2. The terms and conditions of this MOU shall prevail over any conflicting provisions of NBFA MOU 2025-2028
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Newport Beach City Charter, the ordinances , resolutions and policies of the City of Newport Beach, federal and state statutes, rules and regulations which either specifically provide that agreements such as this prevail, confer rights which may be waived by any collective bargaining agreement, or are, pursuant to decisional or statutory law, superseded by the provisions of an agreement such as, or similar to, this MOU.

C. RELEASE TIME

1. Unit members shall be allowed to participate in the following activities and receive full pay ("Release Time"):
a. Attendance at off-site meetings, conferences , seminars or workshops related to matters within the scope of representation.
b. To prepare for scheduled meetings between the City and NBFA during the meet and confer process.
i. To travel to and attend scheduled meetings between the City and NBFA during the meet and confer process.
ii. To travel to and attend scheduled grievance and disciplinary hearings. iii. To meet, for up to one hour, with a unit member(s) they are representing prior to a hearing described in subsection C(1 )(c)(ii) above.

2. City grants NBFA 400 hours of Release Time per calendar year to engage in the activities described in subsection 1 (a) and 1 (b). Unused hours from any calendar year may be carried over to the next year not to exceed a total City provided release time accrual of three hundred (300) hours.

3. City grants Unit members the right to engage in the activities described in subsection 1 (c) at any time without reduction to the Release Time granted in subsection 2.

4. NBFA shall designate certain members as those members entitled to release time.

Designates must give reasonable advance notice to, and obtain permission from, their supervisor prior to use of release time, or, prior to adjusting work hours. Requests for release time shall be granted by the supervisor unless there are specific circumstances that require the designate to remain on duty. Designates shall, to the maximum extent feasible , receive shift assignments compatible with participation in the meet and confer process.
a. The NBFA President shall be entitled to a maximum of 200 hours per calendar year for appropriate association related business, excluding time required for the meet and confer process. The NBFA President shall, at his/her discretion, allocate Release Time to NBFA Board members or other designates , to a NBFA MOU 2025-2028
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maximum of 150 hours per year per individual. In the event the 200 hours for the President or 150 hours for other NBFA designates are insufficient, the President may submit a request to the Assistant City Manager or designee, with justification , that additional hours be granted. In no event shall the Association be granted more than a total of 400 hours per year for all designates.

5. In addition to City-provided Release Time and Release Time provided pursuant to subparagraph (3), Unit members may voluntarily contribute earned paid time off to an NBFA Release Time Bank. Members may contribute earned time only during the period from July 1 through August 15th during any calendar year. However, members shall not have the right to contribute time to the NBFA Release Time bank if NBFA has accumulated more than 600 hours of total Release Time. Contributions may be made only in six-minute increments. Contributions shall be on forms prepared by the City which shall then be submitted to the appropriate department employee . City shall advise NBFA as to the balance of hours in the Release Time Bank upon request. For purposes of this subparagraph only, the term "time off' shall be defined as accrued flex leave.

6. There is no entitlement to release time for any matter not set forth above.

D. SCOPE

1. All present written rules and currently established practices and employee rights, privileges and benefits that are within the scope of representation shall remain in full force and effect during the term of this MOU unless specifically amended by the provisions of this MOU, or in the case of the Department SOP's falling within the scope of representation, the City has given notice to the Association and, upon request, met and conferred on any proposed changes which fall within the scope of representation .

When the Department proposes to change any SOP departmental rule or regulation, it will provide a copy of such change to the Association no less than seven (7) days prior to implementation of the proposed change. If such proposed change materially impacts any matter within the scope of representation, then the parties agree to meet and confer over such impact.

2. Pursuant to this MOU, the City reserves and retains all of its inherent exclusive and non-exclusive managerial rights, powers, functions and authorities ("Management Rights") as set forth in Resolution No. 2001- 50.

E. BULLETIN BOARDS

1. Space shall be provided on bulletin boards within the Fire Department at their present location for the posting of notices and bulletins relating to NBFA business, meetings, or events. All materials posted on bulletin boards by the NBFA shall indicate that the NBFA posted them. Material posted shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of any protected class under the law or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene NBFA MOU 2025-2028
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material.

2. Material posted and messages sent through city email shall not contain personal attacks on any City official or employee, any material which constitutes harassment, discrimination or retaliation on the basis of race, gender , ethnicity , religion, age, sexual orientation , or other statutorily or constitutionally impermissible basis, as well as any pornographic or obscene material. E-Mail may be used for Association business on a limited basis and consistent with Department Policy.

F. AUTHORITY TO DEDUCT DUES FROM MEMBERS' PAYCHECKS
The City will deduct dues from members of the Association and will remit itto the Association .

It is the Association's responsibility to inform the City's Human Resources Director as to which members of the bargaining unit are members of the Association. The Association shall inform the Human Resources Director in writing of any changes in the membership status of any Association members.

G. MAINTENANCE OF MEMBERSHIP
Any employee in this Unit who has authorized association deductions on the effective date of this Agreement , or at any time subsequent to the effective date of this Agreement , shall continue to have such dues deductions made by the City during the term of this Agreement , provided that any employee in the Unit may terminate Association membership by submitting to the Association a signed request to cancel payroll dues deduction . If that occurs, the Association will advise the Human Resources Director to cancel payroll dues deduction to the Association for such employee. Pursuant to Government Code section 1157.12(b), the Association shall indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities by any unit member in reliance upon information provided by the Association respecting requests to cancel or change payroll deductions for such employee .

H. CONCLUSIVENESS
This MOU contains all of the covenants , stipulations , and provisions agreed upon by the parties. Therefore , for the term of this MOU, neither party shall be compelled to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement , representation or agreement reached prior to the execution of this MOU and not set forth herein .

I. MODIFICATIONS
Any agreement , alteration, understanding , variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties unless contained in a written document executed by authorized representatives of the parties .

J. SAVINGS
Should any part of this MOU be rendered or declared illegal or invalid by legislation , decree NBFA MOU 2025-2028
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of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU provided, however, should the provisions of this MOU relating to salary increases, fringe benefits, or the compensation policy be declared invalid the City shall provide alternative forms of compensation such that Unit members suffer no financial detriment by virtue of the decision or ruling with the manner and form of the compensation to be determined by the parties after meeting and conferring in good faith.

K. IMPASSE
In the event of an impasse (the failure to agree on a new MOU after the express term of the existing MOU has expired), the parties may agree on mediation pursuant to the procedure outlined in Section 16 of Resolution No. 2001-50 or a successor resolution.

L. DEFINITIONS
For the purposes of this MOU, these terms shall have the following meanings:

1. The term "member" or "unit member" shall mean all persons within classifications represented by NBFA.

2. The term "staff employee" shall mean any unit member who is assigned to work an average 40-hour workweek.

3. The term "line employee" shall mean any unit member assigned to work an average 56-hour workweek in 24-hour shift increments.

4. The term "Municipal Fire Departments in Orange County" or "Municipal Fire Departments" shall mean all City operated Fire Departments and the Orange County Fire Authority.

SECTION 2. COMPENSATION
A. SALARY ADJUSTMENTS - THIS MOU PERIOD
Base salary increases for all NBFA represented classifications shall be as follows and as specified in Exhibit A:

1. Effective the first full pay period following May 1, 2025 , there shall be a base salary increase of four percent ( 4%) for all represented classifications .

2. Effective the firstfullpay period following July 1, 2026 , there shall be a base salary increase of four percent ( 4%) for all represented classifications.

3. Effective the first full pay period following July 1, 2027, there shall be a base salary increase of four percent ( 4%) for all represented classifications.

Equity Adjustment :

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Effective the first full pay period following May 1, 2025, all Safety classifications in the bargaining unit shall receive a two percent (2%) equity adjustment to base salary. This increase shall not compound with the simultaneous base salary increase provided above in Section 2.A. 1.

B. SALARY DIFFERENTIAL

1. The adjustments to salary and total compensation described in this Section shall maintain the salary differentials between the classification of Firefighter , the benchmark classification and the other safety classifications represented by NBFA, as set forth below , to maintain an appropriate internal relationship . Subject to the foregoing, the following minimum salary differentials shall be maintained :

Fire Classification Series Variance
Firefighter NIA
Fire Engineer 12.50%
Firefighter Paramedic , hired on/after 1-1- 17.25% 2016 Firefighter Paramedic, hired before 1-1-2016 22.25%
Fire Captain 32.00%
Training Fire Captain 39.50%

2. The Training Fire Captain shall be assigned to routinely and consistently train employees . Training Fire Captains shall receive an additional 7.5% of base pay over Line Fire Captains. Assignment as a Training Fire Captain is for a maximum of two years unless extended by the Fire Chief.

C. FIREFIGHTER- SPECIAL STEP INCREASE
Firefighters who successfully complete the Department Engineer Certification program within twelve (12) months of passing probation will be granted a salary step increase.

D. PROBATIONARY FIREFIGHTER TRAINING STEP
Probationary Firefighters will be placed at the Training Step (Step "OT") upon initial appointment. Upon completion of the NB Fire Recruit Academy , employees will be eligible to advance to Firefighter Step 1. Probationary employees will be eligible for advancement to Step 2 following 12 months from date of initial appointment and upon documented successful performance.

The probationary period for a new Firefighter hired after January 8, 2019 is 12 months.

E. OVERTIME
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1. FLSA Overtime shall consist of authorized hours actually worked in excess of 91 hours in a 12-day work period as previously established by the City and as permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption .

Use of Flex Leave shall not be considered as hours worked for the purposes of determining eligibility for FLSA Overtime.

Contract Overtime shall consist of authorized work in excess of a unit member's normal number of work hours in any scheduled work shift and shall be paid one-and one-half times the employee's regular rate of pay. Use of Flex Leave shall be considered as hours worked for the purposes of determining eligibility for Contract Overtime pay. Leave Without Pay shall not be considered as hours worked for determining Contract Overtime eligibility. Contract Overtime shall be calculated based on the employee's regular rate of pay, less 7%.

The rate at which Contract Overtime is calculated shall not include the City's Cafeteria Plan Allowance , the opt-out Cafeteria Plan Allowance, or any cash back an employee may receive from the Cafeteria Plan Allowance by choosing benefits which cost less than the Allowance .

2. Qualified employees who volunteer to work overtime in a lower classification than their current position (downgrade) may do so and shall be compensated at one and one half times the highest hourly rate for the downgraded position as published in the City's compensation plan. Said employees shall be selected according to the provisions set forth in the Department's Standard Operating Procedures related to staffing and overtime. This provision applies only to members who downgrade to the position of Firefighter, Fire Engineer or Firefighter Paramedic.

3. Employees assigned to staff assignments may request compensatory time off (CTO) in lieu of paid overtime with the approval of the Department. Compensatory time may be granted, subject to maximum accrual of eighty (80) hours, and subject to the Department's consideration of the impact of said CTO use on overtime liability and other efficiency requirements of the Department.

F. REQUIRED UNIFORM
The City shall pay the entire cost of providing NBFA member with each component of the required NBFD uniform. The required NBFD uniform includes safety shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets and liner, belts, work out shirts, work out trunks, sweatshirts , and baseball caps. The City shall not be responsible for providing employees with socks, underwear, or workout shoes, or other clothing .

The City will provide each fire suppression member with a set of front-line turnout gear and an adequate number of reserve turnouts at each station to allow for proper turnout cleaning/decontamination . Reserve turnouts may be personally issued to each member at the Fire Chiefs discretion . This equipment will be used to temporarily replace an employee's personal turnout equipment that cannot be placed in service because they are wet, contaminated , or aged.

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PERS Reporting of Uniform Allowance - To the extent permitted by law, the City shall report to the California Public Employees' Retirement System (CalPERS) the uniform allowance for safety employees as $1 ,519 annually, and $1,169 for non-safety employees as special compensation in accordance with Title 2, California Code of Regulation, Section 571 (a)(5).

Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as pensionable compensation to CalPERS.

The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire and excludes health and safety related equipment, i.e., safety boots and turnout gear.

G. SCHOLASTIC/CERTIFICATE ACHIEVEMENT PAY
Unit members are entitled to additional compensation contingent upon scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit members may apply for increases pursuant to this Section when eligible and scholastic and/or certificate achievement pay shall be included in the member's paycheck for the pay period immediately after approval by the Fire Chief. It is the responsibility of the unit member to apply for Scholastic and/or Certificate Achievement Pay. Approval of the unit member's application shall not be unreasonably withheld or delayed, and the member shall not be entitled to receive scholastic and/or certificate achievement pay prior to the date the application is approved even though the member may have been eligible prior to approval.

For employees hired before May 22, 2012, scholastic and/or Certificate achievement pay is contingent upon number of units and/or degrees received by the employee. Unit members hired on and after May 22, 2012, shall be ineligible for any scholastic pay based upon having obtained units only. Qualifying units and/or degrees must be awarded by accredited community colleges, state colleges or universities. A "degree" shall be awarded by an institution accredited by the State of California, the United States Department of Education, the Council for Higher Education, or the Distance Education Training Council. Unit members shall receive scholastic and/or certificate achievement pay in accordance with the following:

1. Scholastic Pay
College
Semester/Unit:
30 60
90 120
A.A/AS .

B.A./8 .S.

2. Certificate Achievement Pay
NBFA MOU 2025-2028
% of Actual Step in
Job Class Range:

1.5%/month

2.5%/month

3.5%/month

4.5%/month

3.5%/month

5.5%/month
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Certificate achievement pay is contingent upon employee's satisfactory completion of the initial probationary period with the Newport Beach Fire Department and completion of the required coursework for Company Officer (formerly known as Fire Officer) or Fire Inspector II (formerly known as Fire Prevention Specialist) certification as outlined below , and the opening of the associated State Fire Training task book.

Company Officer also requires completion of the NBFD (internal) Captain's task book.

Proof of course completion must accompany this application and be in the form of one of the following:

1. A certificate from the Office of the State Fire Marshal.

2. A letter from the Office of the State Fire Marshal certifying the employee has completed the course(s).

3. Transcripts from an accredited college, university or entity, or certificates indicating the employee has been credited for course completion.

NBFA members shall receive 3.0 % of base pay for either Company Officer or Fire Inspector II course completion , opening of the associated State Fire Training task book, and completion of NBFD (internal) Captain's task book (Company Officer only).

The parties agree to the extent permitted by law, certificate and scholastic pay are special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571 (a)(2) and 571 .1 (b)(2) Educational Pay.

H. SPECIAL ASSIGNMENT PAY
The following additional payments shall be made to certain Unit members based on assignment:

1. Individuals properly trained and assigned by the Department to perform special assignments shall be compensated as follows:

Maximum QQmpensatiQn
Assignment Nymber* C% Qf base pay}
Shift Fire Investigator 6 5%
Radio/MDC 1 5%
SCBA 3 2%
Turnout Coordinator 1 5%
Special assignment compensation shall cease when individuals are no longer assigned to perform the assignment.

Selections for special assignments will be selected through an informal interview process .

Removal from any of these special assignments shall be at the discretion of the Chief and shall not trigger any right of appeal.

The parties agree that to the extent permitted by law, Shift Fire Investigator Pay is special NBFA MOU 202!:r2028
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compensation and shall be reported to CalPERS as Fire Investigator Premium pursuant to Title 2 CCR, Section 571 (a)(4) and 571 .1 (b)(3).
*Subject to modification by the department.

2. Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of the special assignment. The types and duration of these temporary assignments (which will vary based on the needs of the Department as determined by the Fire Chief) will remain a management prerogative.

Committee participation such as Safety Committee, and work on various projects such as Public Safety Day and the CERT Program are excluded from consideration under this Agreement.

I. TEMPORARY UPGRADING OF EMPLOYEES

1. Temporary vacancies in line positions shall be filled selected in accordance with the Department 's Standard Operating Procedures

2. Move-up Assignment
A move-up assignment shall be defined as the temporary assignment of an employee to work in a job classification which is higher than his or her current classification . A move-up employee shall meet the minimum requirements for the position to which they are moved up.

Assignments to a move-up position shall be made by a Battalion Chief , Assistant Chief or Fire Chief. Move-up assignments shall be deemed "Acting Appointments " after an employee has worked six (6) consecutive move -up shifts.

If the employee is moved -up for five (5) hours or more, the move -up compensation (for time actually working in the moved -up assignment) shall be computed as follows :

Firefighter to Engineer
Firefighter (hired prior to January 1, 2016)
to Firefighter Paramedic
Firefighter (hired on or after January 1, 2016)
to Firefighter Paramedic
Firefighter to Captain
Engineer (hired prior to January 1, 2016) to
Firefighter Paramedic
Engineer (hired after January 1, 2016) to
Firefighter Paramedic
Engineer to Captain
Firefighter Paramedic to Captain
NBFA MOU 2025-2028
Regular rate +5%
Regular Rate + 22.5%
Regular Rate+ 17.25%
Regular Rate +5%
Regular Rate +9.75%
Regular Rate +5%
Regular rate +5%
Regular rate +5%
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Captain to Battalion Chief Regular rate +9.5%
If an employee is moved up and is using leave , the leave time shall be paid at the employee's regular rate of pay in the rank from which he/she was moved up. Time accumulated working in a move up position shall not be applied towards the probationary period or count as "time in rank" for the purpose of seniority.

The following positions shall be considered for move-up assignments :

Fire Battalion Chief
Fire Captain
Firefighter Paramedic
Fire Engineer
Assignments to a move up position shall be made at the sole discretion of the Fire Chief and are limited to a maximum time period of 360 days.

The parties agree that to the extent permitted by law, and to the extent permitted by Government Code §20480 Out-of-Class Appointment Limitations , the City shall report to the California Public Employees' Retirement System (CalPERS) move up pay as Premium Pay pursuant to Title 2 CCR Section 571 (a)(3) Temporary Upgrade Pay. For "new members" as defined by the Public Employees' Pension Reform Act of 2013, move up pay will not be reported as pensionable compensation to CalPERS. In addition, the employee must be performing 100% of the duties in the higher classification for temporary upgrade pay to be reportable.

3. Acting Appointments
Employees formally assigned as an Acting Appointment to perform 100% of the duties in the higher classification for more than six (6) consecutive shifts shall be compensated beginning the first shift in the salary range of their acting classification at a rate that is at least five percent (5%) higher than their current rate . All acting appointees must satisfy the minimum requirements for the position to which they are appointed. Flex leave used while working in an acting capacity shall be paid at the employee's new rate of pay.

In the event the acting employee is subsequently appointed to the higher classification , the time accumulated while acting in the higher classification shall be applied towards the probationary period and count as "time in rank" for the purpose of seniority .

If an acting employee is returned to his/her former classification for more than six (6) months, he/she will not be credited with the time accumulated in the acting position for the purposes of probation or as "time in rank" for the purpose of seniority .

Acting appointments shall be made by the Fire Chief and shall be limited to ninety (90) calendar days in any 12-month period unless extended to a maximum of an additional NBFA MOU 2025-2028
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ninety (90) calendar days on written recommendation by the Chief and approval by the City Manager .

For "new members" as defined by the Public Employees ' Pension Reform Act of 2013 , acting pay will not be reported as pensionable compensation to CalPERS . The employee must be performing 100% of the duties in the higher classification for temporary upgrade pay to be reportable .

4. Tiller Assignment
Employees temporarily upgraded to Tiller shall receive a five percent (5%) pay differential over their regular rate of pay for all time worked in this assignment if they are assigned to work in the assignrnentfor a period of four (4) working hours or longer.

The parties agree that to the extent permitted by law, Tiller Pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571 (a)(4) and 571 .1 (b)(3) Special Assignment Pay.

J. Y-RATING
Employees who are reclassified to a position with a lower maximum salary shall be Y-rated.

Y-rating shall refer to a pay rate outside of the assigned salary range of the employee.

If the salary of the employee is greater than the maximum of the new range, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the new range exceeds the salary of the employee.

If the salary of the employee is the same or less than the maximum of the new class, the salary and merit increase eligibility date of the employee shall not change.

K. SHIFT HOLDOVER
Unit members who are held over at the conclusion of any shift shall be compensated at the appropriate rate for each hour, or portion thereof, the employee worked beyond the end of the shift.

L. EMERGENCY RECALL
If an employee who is not on stand-by or shift hold-over and is required to return to work during his/her off-duty hours for actual firefighting, or similar emergency designated by the Fire Chief, the employee shall receive a minimum of four (4) hours compensation at the appropriate rate. If an employee works less than (4) hours, he/she will receive four hours of compensation at the appropriate rate. If an employee works for four (4) hours or more, he/she NBFA MOU 2025-2028
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will receive compensation for the time worked at the appropriate rate.

M. BILINGUAL PAY

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Employees certified as bilingual (Spanish) shall be eligible to receive One Hundred Fifty ($150 .00) Dollars per month in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking , reading and writing Spanish. Employees certified shall receive bilingual pay the first full pay period following certification.

Additional languages may be certified for compensation pursuant to this section by the Fire Chief.

The parties agree that to the extent permitted by law, the Bilingual pay in this section is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR , Section 571 (a)(4) and 571 .1 (b)(3) Bilingual Premium.

N. COURT STANDBY PAY
Unit members who , pursuant to subpoena compelling attendance to testify to acts, observations , or omissions occurring in the course and scope of employment or at the direction of their supervisor , are required, while off-duty, to remain within a certain response time from court , shall be considered to be on "court standby time " and shall receive four (4) hours of pay for each eight hours of court standby time . Unit members shall , when required to appear in court pursuant to a Subpoena or the direction of their supervisor to testify as to matters relating to their employment with the City , be considered to be on duty and shall be paid accordingly . Members shall remit all witness fees received for testifying or appearing on any matter for which the member is eligible to receive court standby time .
0 . LONGEVITY PAY
Safety:

Completed Years of Service
15 but less than
20 and over
Non-Safety:

Completed Years of Service
16 but less than
20 but less than
25 and over
Longevity Pav
5%
10%
Longevity Pay

1.5%

2.5%

3.5%
These pays are not cumulative (e.g. at 20 years , total longevity pay for Safety will be NBFA MOU 2025-2028
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P age 116
10%, and for Non-Safety at 25 years, longevity pay will be 3.5%). The parties agree that to the extent permitted by law, Longevity Pay is special compensation and shall be reported to Cal PERS as such pursuant to Title 2 CCR , Section 571 (a)(1) and 571.1 (b)(1 ).

SECTION 3. LEAVES
A. FLEX LEAVE

1. Unit members shall accrue flex leave as follows as set forth in the chart below.

Leave
Years of srvc
Line Employees*:
1 but less than 5
5 but less than 9
9 but less than 12
12 and over
Accrual
Hrs/pay Period

9.77 10.69
11 .62

12.54 Staff and Non-Safety Employees :
1 but less than 5
5 but less than 9
9 but less than 12
12 and over

6.97 7.63

8.33 8.95
Maximum Accrual
796.12
843.96
892.32
940.16
568.36
602.68
639.08
671 .32

2. The Flex leave program shall be administered as follows:
a. Unit members shall not accrue Flex leave until continuously employed by the Newport Beach Fire Department for a period of three (3) months, provided however, if a member on the Flex leave program becomes sick during the first three (3) months of employment , the City will advance up to six (6) pay periods of accrued leave time for use by the member to recover from illness.

In the event the City advances paid leave time and the employee is terminated or resigns before completing three months of continuous employment , the member's final check shall be reduced by an amount equal to the number of Flex leave hours advanced multiplied by the member's hourly rate of pay.

Unit members shall accrue three months of flex leave (as provided in the charts in paragraph A 1 above) immediately upon completion of three (3) months continuous employment with the Newport Beach Fire Department, provided however, this amount shall be reduced by any flex leave time advanced during the first three months of employment.

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b. Members employed by the City prior to initiation of the Flex leave program have had the current accrued vacation time converted to Flex leave on an hour for hour basis .
c. Unit members shall not be permitted to accrue Flex leave in excess of the maximum permitted , unless the employee is unable to use leave benefits because of an industrial disability , hardship or extraordinary circumstances . d. All requests for scheduled Flex leave shall be submitted to appropriate department personnel. In no event shall a member take or request Flex leave in excess of the amount accrued. Flex leave may be taken in four (4) hour increments.
e. Members shall be paid for all accrued Flex leave at their then current hourly rate of pay (hourly rate before incentives , other pays , etc .) upon separation from employment.

B. HOLIDAYTIME

1. Line Employees
The provisions of this subsection shall apply only to Unit members who are line employees. All Unit line employees work in positions that must work without regard to holidays . Thus in lieu of the eight (8) holidays identified below (valued at 24 hours per holiday) , line Unit employees shall receive holiday in lieu pay equal to the value of 7.38 hours per pay period .

Holidays for Line Employees :

New Years' Day, Martin Luther King Birthday , Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day.

The parties agree , to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR , Section 571 (a)(5) and 571 .1 (b)(4) Holiday Pay.

2. Staff Employees
The holiday benefit for staff employees shall be as follows :

Staff employees shall accrue 3.96 hours of holiday leave per pay period (102.96 hours per year) . This holiday leave is to provide leave for employees for the following twelve (12) holidays :

New Years' Day , Martin Luther King Birthday , Presidents Day , Memorial Day, Independence Day , Labor Day, Veterans Day, Thanksgiving Day and the day after NBFA MOU 2025-2028
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Thanksgiving , one-half day on Christmas Eve, Christmas , one-half day on New Year 's Eve and one floating holiday .

The holiday leave accrued will be added to employees' flex leave banks. The maximum accrual of flex leave set forth in in Section 3A 1 above includes 205 .92 hours which is two years (52 pay periods) of holiday leave .

Even though the holiday leave is added to employees ' flex leave banks , staff employees may be required to take specified City holidays off at the sole discretion of the Fire Chief. If that occurs , time will be charged against the employee 's Flex leave bank .

Notwithstanding the holiday leave benefit provided above , newly hired non-safety staff employees shall have the one-time option (at the time of hire) to accrue holiday time as pay. If that occurs , such an employee 's flex leave max imum accrual (addressed in Section 3A 1 above) will be reduced by 205.92 hours which is two years (52 pay periods) of holiday leave .

If holiday time is provided as pay (if, that election as made as provided above) it shall not be reported to CalPERS as special compensation per Californ ia Code of Regulations 571 (a)(5) because these employees do not work in positions that require scheduled staffing without regard to holidays .

C. BEREAVEMENTLEAVE
Bereavement leave shall be defined as the necessary absence from duty by an employee because of a death or terminal illness in his/her immediate family. Staff and non-safety employees shall be entitled to forty (40) hours of Bereavement Leave per calendar year per event while Line Employees shall be entitled to ninety (90) hours of Bereavement Leave (terminal illness followed by death is considered one incident). Leave hours need not be used consecutively but should occur in proximate time to the occurrence and within six months.

Bereavement leave shall be administered in accordance with the provisions of the Employee Policy Manual. For the purpose of this section immediate family shall mean an employee's father, mother, stepfather , stepmother, brother, sister, spouse/domestic partner, child, stepchild grandchildren , and grandparents, and the employee's spouse/domestic partner's mother, father, brother, sister, child, grandchildren and grandparent. An employee requesting bereavement leave shall notify his/her supervisor as soon as possible of the need to take leave.

D. CATASTROPHIC LEAVE
Unit members may participate in the City's Catastrophic Leave Program in the City of Newport Beach Administrative Procedure.

E. JURY DUTY
Employees who are summoned to perform jury service shall be entitled to their regular NBFA MOU 2025-2028
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compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors , are remitted to the City.

Employees shall notify their supervisor immediately regarding the possible dates they will miss. Employees shall confirm whether or not they are required to report the night prior to their jury service and then notify the on-duty Battalion Chief by 1800 hours. Employees shall repeat this process if service is delayed until they are released from service. Employees shall provide proof of jury service signed by the jury clerk and submit it to their supervisor upon return to work or at the end of each week of service. An employee who is released by the court from jury duty on any regularly scheduled workday shall contact their supervisor to find out when they are required to return to work.

F. WORKER'S COMPENSATION LEAVE
The City will comply with the provisions of Labor Code section 4850 for workers' compensation claims.

G. SCHEDULING OF MEDICAL TREATMENT FOR INDUSTRIAL INJURIES Time spent by an employee receiving medical attention during the employee's normal working hours is considered hours worked and compensable , when the City or its representative schedules the appointment.

When an employee is temporarily disabled due to an industrial injury and is unable to perform even limited duty in the workplace, all appointments , whether arranged by the City or the employees , shall be considered as occurring during normal working hours. The employee shall not be entitled to any additional compensation , regardless of the employee's regular work schedule or the type of compensation currently received, except as otherwise required by law.

When an employee has been released to either full or limited duty and has returned to the workplace, time spent receiving ongoing medical treatment, such as physical therapy or follow-up visits that are not scheduled by the City, is not considered hours worked and therefore, is not compensable . To avoid disruption in the workplace , an employee shall schedule such appointments to occur during off duty hours whenever possible. In the event such scheduling is not available, employee may be allowed to attend an appointment during their regularly scheduled duty shift with prior supervisory approval. Regular recurring appointments (i.e., weekly physical therapy) must be scheduled off duty.

H. REASSIGNMENT
In the event a line employee is reassigned to a staff position, or a staff employee is reassigned to a line position, the City shall automatically convert the Flex Leave, Bereavement Leave and other benefits from the position previously held to the newly assigned position. With the exception of Holiday Time, the ratio for conversion of staff employee benefits to line employee benefits shall be 7 /5 and the ratio for converting line employee benefits to staff employee benefits shall be 5/7. For Holiday Time, the ratio for NBFA MOU 2025-2028
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conversion of staff employee benefits to line employee benefits shall be 1. 86 and the ratio for converting line employee benefits to staff employee benefits shall be 0.54.

I. EARLY RELIEF
The parties acknowledge Department of Labor regulation, 29 CFR section 553.225 that provides:
"It is a common practice among employees engaged in fire protection activities to relieve employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled starting time. Such early relief time may occur pursuant to employee agreement , either expressed or implied. This practice will not have the effect of increasing the number of compensable hours of work for employees employed under section 7(k) where it is voluntary on the part of the employees and does not result, over a period of time, in their failure to receive proper compensation for all hours actually worked . On the other hand, if the practice is required by the employer , the time involved must be added to the employee's tour of duty and treated as compensable hours of work."
The parties acknowledge that if there is early relief, the City does not require it. The Association agrees that it will advise the Human Resources Director in writing if at any time in the future it learns or believes that the City is requiring early relief. If that occurs, early relief will immediately end.

J. NON-ACCRUING LEAVE (NAL) BANK FOR LINE EMPLOYEES
Line employees shall receive forty-eight (48) hours annually of paid leave in the first full pay period following May 1, 2025, and in subsequent years, in the pay period which includes July 1. The hours do not accrue, have no cash value, cannot be transferred to any other leave bank and must be used by the pay period before the pay period which includes July 1, at which time any remaining hours will be depleted. Use of NAL is subject to supervisory approval.

SECTION 4. FRINGE BENEFITS
A. INSURANCE

1. Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed of one representative from each employee association group and up to three City representatives. The Benefits Information Committee has been established to allow the City to present data regarding carrier and coverage options, the cost of those options, appropriate coverage levels and other health programs. The purpose of the SIC is to provide each recognized employee organization with information about health insurance/programs and to receive timely input from associations regarding preferred coverage options and levels of coverage.

2. Medical Insurance
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The City has implemented an IRS qualified Cafeteria Plan. In addition to the amounts listed below, the City shall contribute the minimum CalPERS participating employer's contribution towards medical insurance. Employees shall have the option of allocating Cafeteria Plan contributions towards the City's existing medical, dental and vision insurance/programs .

Employees shall be allowed to change coverages in accordance with plan rules and during regular open enrollment periods.

Effective May 3, 2025 and for the duration of this agreement, the City's monthly contribution towards the Cafeteria Plan is $2,224.00 (plus the minimum CalPERS participating employee's contribution).

Unit members who do not want to enroll in any medical plan offered by the City must provide evidence of group medical insurance coverage and execute an opt-out agreement releasing the City from any responsibility or liability to provide medical insurance coverage on an annual basis.

Unit members whose actual start date occurs prior to January 1, 2022, and who elect to opt out of medical coverage offered by the City because they have proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California) will receive $1 ,000.00 per month in taxable cash paid bi-weekly. For such employees , if they elect medical coverage and spend less than $1,924.00 (plus the minimum Ca/PERS participating employer's contribution) of the City contribution provided above, the difference shall be paid to the employee as taxable cash.

Newly appointed unit members whose actual start date. occurs on or after January 1, 2022, and who elect to opt out of medical coverage offered by the City because they have provided proof of MEC through another source (other than coverage in the individual market, whether or not obtained through Covered California) shall receive $500.00 per month paid bi-weekly in taxable cash. For such employees , if they elect medical coverage and spend less than the City contribution provided above, there shall be no cash back provided.

The preceding language as applied to the following scenarios:

1. Part-time employees hired by the City prior to January 1, 2022, but not appointed as a full-time employee into the NBFA until on or after January 1, 2022 - this employee is subject to the $500 opt-out amount and does not receive cash back if the medical coverage elected is less than the City contribution .

2. Full-time employees hired by the City prior to January 1, 2022, who later drops down to part-time and then is reappointed to the unit as a full- time employee - this employee is subject to the $500 opt-out amount and does not receive cash back if the medical coverage elected is less than the City contribution .

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3. Full-time employees hired by the City prior to January 1, 2022, who later transfers into the unit from another full-time unit - if the employee was not subject to the $500 opt-out amount and/or no cash back in the unit from which they are transferring , they will receive the benefit of $1,000 opt-out and/or cash back if the medical coverage elected is less than the City contribution .

If, prior to June 30, 2028, the City's cafeteria benefit plan is determined to be a bona fide plan by a court of competent jurisdiction or formal legal opinion and the City determines, on that basis, that the City's contributions towards medical premiums will not be included in the employee's regular rate of pay under the Fair Labor Standards Act, the parties agree to reopen to negotiate regarding the Association 's request to reduce the 7% contract overtime offset in MOU Section

2.E.1.

3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee .

4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the City's health plan offerings as agreed upon by the Benefits Information Committee .

B. ADDITIONAL HEAL TH INSURANCE/PROGRAMS

1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable income for payment of allowable expenses such as childcare and medical expenses . The City shall maintain a "reimbursable account program" in accordance with the provisions of Section 125 of the Internal Revenue Code, pursuant to which an Association member may request that medical, childcare and other eligible expenses be paid or reimbursed by the City out of the employee's account. The salary of the employee will be reduced by the amount designated by the employee for reimbursable expenses .

2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (L TD)disability insurance to all regular full-time employees with the following provisions :

NBFA MOU 2025-2028
Weekly Benefit
Maximum Benefit
Minimum Benefit

66.67% gross weekly wages
$10,000/month
$15 (STD) and $100 (LTD)
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30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior to receiving benefits under the disability insurance program. Employees may not supplement the disability benefit with paid leave once the waiting period has been exhausted.

3. Life Insurance
The City shall provide life insurance for all regular full-time employees in $1 ,000 increments equal to one times the employee's annual salary up to a maximum benefit of $50,000. At age 70 the City-paid life insurance is reduced by 50% of the pre-70 amount.

This amount remains in effect until the employee retires from City employment.

C. EMPLOYEE ASSISTANCE PROGRAM
City shall provide an Employee Assistance Program (EAP) through a properly licensed provider. Association members and their family members may access the EAP subject to provider guidelines.

D. PERS RETIREMENT BENEFIT

1. Retirement Formula
The City contracts with the California Public Employees Retirement System ("CalPERS" or "PERS") to provide retirement benefits for its employees. Pursuant to prior agreements and state mandated reform, the City has implemented first, second and third tier retirement benefits as follows:

Tier I ("Legacy''.): For employees hired by the City on or before November 23, 2012, the retirement formula for safety members shall be 3%@50 and the retirement formula for non-safety members shall be 2.5%@ 55, calculated on the basis of the highest consecutive 12-month period selected by the employee.

Tier II ("Classic"): For employees first hired by the City between November 24 and December 31 , 2012, or hired on or after January 1, 2013 and who are not new members as defined in Government Code Section 7522.04(f), the retirement formula for safety members shall be 2%@50 and the retirement formula for non-safety members shall be 2%@60, calculated on the basis of the highest consecutive 36 month period selected by the employee .

Tier Ill ("PEPRA"): For employees first hired by the City on or after January 1, 2013, who are new members, the safety retirement formula shall be 2.7%@57 and the non safety retirement formula shall be 2.0%@62, calculated on the basis of the highest consecutive 36-month period selected by the employee .

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2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement benefit, to the extent permissible by law, as set forth below. Should any such provision be deemed invalid, the City and Association agree to meet for the purpose of renegotiating employee retirement contributions or other equivalent economic adjustments.

Employee retirement contributions that are in addition to the normal PERS Member Contribution shall be made in accordance with Government Code §20516(f) and calculated on base pay, special pays, and other pays reported as pensionable compensation or compensation earnable and will be made on a pre-tax basis through payroll deduction , to the extent allowable by the Internal Revenue Code. a. Safety
Tiers I and II:

All members in Tiers I and II shall contribute the full statutory member contribution equal to 9% of compensation earnable plus an additional 4.5% of compensation earnable of the Employer rate for a total contribution of 13.5% of compensation earnable .

Tier Ill:

The normal member contribution rate for Tier Ill members is 50% of the total normal cost and is calculated annually for possible adjustments as provided in the PERS valuations.

All Tier Ill unit members will contribute the full statutory member contribution . If that rate is less than 13.5% of pension~ble compensation these employees will contribute an additional percentage of pensionable compensation of the Employer rate to achieve a total contribution of 13.5% of pensionable compensation . b. Non-Safety
Tier I:

Tier I employees shall contribute eight percent (8%) of compensation eamable for the CalPERS member contribution , an additional 2.42% of compensation earnable as cost sharing pursuant to Government Code section 20516(a) and an additional 2.58% of compensation earnable as cost sharing pursuant to Government Code §20516(f).

Employees shall contribute a total of 13.0% of compensation earnable for retirement contributions.

Tier II:

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Tiers II unit members shall contribute a total employee contribution of 13.0% of compensation earnable - seven percent (7%) member contribution and six percent (6%) as cost sharing per Government Code section 20516(f).

Tier Ill
Tier Ill unit members will contribute the rate established by CalPERS as half the normal cost. In addition, these members will contribute the difference between half the normal cost and 13.0% as cost sharing per Government Code section 20516(f) to achieve a total contribution of 13.0% of pensionable compensation. c. The City's contract with PERS shall also provide for:
• The military buy-back provisions pursuant to Section 20930.3 of the California Government Code and the highest year benefit pursuant to Section 20042. • The Level 4 1959 Survivors Benefits.
• The PERS pre-retirement option settlement 2 death benefit (Section 21548) for miscellaneous and safety members.

E. DEFINED CONTRIBUTION PLAN
In 2013 the City established a Defined Contribution Plan for safety unit members enrolled in the 2% at 50 or 2.7%@ 57 retirement formulae (Tiers II and Ill). Such employees are eligible to participate in a Defined Contribution plan (Plan), administered by the City or its designee in accordance with said regulatory agency regulations and laws. The Plan shall continue to be funded by allowing each affected employee to contribute any amount (unless statutorily capped or capped by the Plan) of base salary each payroll period. The City shall match any such employee contribution up to 1.5% of base salary per year. The employee-only contributions shall be deemed fully vested at the time of its deposit. The employer-only matching contribution shall vest upon a PERS retirement being implemented as follows:
100% - age 55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51 . ("Age" at time of retirement being effective.) In the event that a participant in the Plan has a medical retirement earlier than the vesting above, he or she shall be deemed 100% vested upon the date of the medical retirement.

F. RETIREE MEDICAL BENEFIT

1. Background
In 2005, the City and all Employee Associations agreed to replace the previous "defined benefit" retiree medical program with a new "defined contribution" program. The process of fully converting to the new program will be ongoing for an extended period. During the transition, employees and (then) existing retirees have been administratively classified into one of four categories. The benefit is structured differently for each of the categories.

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The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005 b. Category 2 - Active employees hired prior to January 1, 2006, whose age plus years of service as of January 1, 2005, was less than 50 (46 for public safety employees) .
c. Category 3 - Active employees hired prior to January 1, 2006, whose age plus years of service was 50 or greater (46 for public safety employees ) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City prior to January 1, 2006, and were participating in the previous retiree medical program.

2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan (RHS, formerly the Medical Expense Reimbursement Program Plan, i.e.: MERP). a. For employees in Category 1, the program is structured as follows:

Each employee will have an individual RHS account for bookkeeping purposes, called his or her "Employee Account." This account will accumulate contributions to be used for health care expenses after separation. All contributions to the plan are either mandatory employee contributions or City paid employer contributions, so they are not taxable to employees at the time of deposit. Earnings from investment of funds in the account are not taxable when posted to the account. Benefit payments are not taxable when withdrawn, because the plan requires that all distributions be spent for specified health care purposes.

Contributions will be in three parts.

Part A contributions (mandatory employee contributions) : 1 % of Salary.

Part B contributions (employer contributions) : $2.50 per month for each year of service plus year of age (updated every January 1st based on status as of December 31st of the prior year).

Part C contributions (leave settlement as determined by Association) :

The Association will determine the level of contribution for all employees it represents, subject to the following constraints. All employees within the Association must participate at the same level, except that Safety members and Non-safety members within an Association may have different levels. The participation level should be specified as a percentage of the leave balance on hand in each employee's leave bank at the time of separation from the City.

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For example, if the Association wishes to specify 50% of the leave balance as the participation level, then each member leaving the City, or cashing out leave at any other time, would have the cash equivalent of 50% of the amount that is cashed out added to the RHS, on a pre- tax basis. The remaining 50% would be paid in cash as taxable income. Individual employees would not have the option to deviate from this breakout.

The Association has decided to participate in Part C contributions at the level of zero percent (0%) Flex. This amount may be changed , on a go forward basis, as part of a future meet and confer process. However, the participation level must be the same for all employees within the Association except that Safety members and Non-safety members within an Association may have different levels. Additionally, the purpose and focus of these changes should be toward long-term, trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the City will impose restrictions against frequent spikes or drops that appear to be tailored toward satisfying the desires of a group of imminent retirees.

Nothing in this section restricts taking leave for time off purposes.

Part A contributions may be included in PERS compensation. Part B and Part C contributions will not be included in PERS compensation.

Part A contributions begin upon enrollment in the program and are credited to each RHS Employee Account each pay period. Eligibility for Part B contributions is set at five years of vested City employment. At that time, the City will credit the first five years' worth of Part B contributions into the Employee Account (interest does not accrue during that period). Thereafter , contributions are made bi-weekly. Part C deposits, if any, will be made at the time of employment separation .

Each Employee has a right to reimbursement of medical expenses (as defined below) from the Plan until the Employee Account balance is zero. This right is triggered upon separation. If an employee leaves the City prior to five years employment , only the Part A contributions and Part C leave settlement contributions, if any, will be in the RHS Employee Account. Such an employee will not be entitled to any Part B contributions. The exception to this is a full-time employee , participating in the program, who leaves the City due to industrial disability during the first five years of employment. In such cases, the employee will receive exactly five years' worth of Part B contributions, using the employee's age and compensation at the time of separation for calculation purposes. This amount will be deposited into the employee's RHS account at the time of separation.

Distributions from RHS Employee Accounts are restricted to use for health insurance and medical care expenses after separation, as defined by the Internal Revenue Code Section 213(d) (as explained in IRS Publication 502) and specified in the Plan Document. In accordance with current IRS regulations and practices, this generally includes premiums for medical insurance, dental insurance, vision insurance , NBFA MOU 2025-2028
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supplemental medical insurance, long term care insurance, and miscellaneous medical expenses not covered by insurance for the employee and his or her spouse and legal dependents - again only as permitted by IRS Publication 502. Qualification for dependency status will be determined by guidelines in IRC 152. If used for these purposes, distributions from the RHS accounts will not be taxable. Cash withdrawal for any other purpose is prohibited. Under recent IRS Revenue Ruling 2005-24, any balance remaining in the Employee Account after the death of the employee and his or her spouse and/or other authorized dependents (if any) must be forfeited. That particular RHS Employee Account will be closed, and any remaining funds will become general assets of the plan.

The parties agree that the City's Part B contributions during active employment constitute the minimum CalPERS participating employer's contribution (i.e., the CalPERS statutory minimum amount) towards medical insurance after retirement.

The parties also agree that, for retirees selecting a CalPERS medical plan, or any other plan with a similar employer contribution requirement, the required City contribution will be withdrawn from the retiree's RHS account. b. For employees in Category 2, the program is the same as for those in Category 1, with the following exception:

In addition to the new plan contributions listed above, current employees who fully convert to the new plan will also receive a one- time City contribution to their individual RHS accounts that equates to $100 per month for every month they contributed to the previous "defined benefit" plan, to a maximum of 15 years (180 months). This contribution will be made only if the employee retires from the City and at the time of retirement. No interest will be earned in the interim.

Employees in Category 2 who had less than five years' service with the City prior to implementation of the new program will only receive Part B contributions back to January 1, 2006, when they reach five years total service. c. For employees in Category 3, the program is the same as for those in Category 2, with the following exception:

For employees in this category, the City will make no Part B contributions while the employees are still in the active work force. Instead, the City will contribute $400 per month into each of their RHS accounts after they retire from the City, to continue as long as the employee or spouse is still living.

Each employee will contribute a flat $100 per month to the plan for the duration of their employment to partially offset part of this expense to the City. The maximum benefit provided by the City after retirement is $4,800.00 per year, accruing at the rate of $400.00 per month. There is no cash out option for these funds, and they may not be spent in advance of receipt.

Employees in this category will also receive an additional one-time City contribution NBFA MOU 202:r2028
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of $75 per month for every month they contributed to the previous plan prior to January 1, 2006, up to a maximum of 15 years (180 months). This contribution will be made to the RHS account at the time of retirement, and only if the employee retires from the City. No interest will be earned in the interim.

3. Administration
Vendors have been selected by the City to administer the program. The contract expense for program-wide administration by the vendor will be paid by the City. However, specific vendor charges for individual account transactions that vary according to the investment actions taken by each employee, such as fees or commissions for trades, will be paid by each employee .

The City's Deferred Compensation Committee, or its successor committee , will have the authority to determine investment options that will be available through the plan.

G. TUITION REIMBURSEMENT AND TRAINING
Maximum tuition reimbursement (for both college courses and non-college authorized courses) for unit members shall be $1 ,500 per fiscal year.

1. College Courses
Subject to the limitation above , unit members attending accredited community colleges, colleges, trade schools or universities may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, books, fees or other student expenses for approved job-related courses. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade "C" or better for undergraduate courses and a grade "B" or better for graduate courses. All claims for tuition reimbursement require the approval of the Human Resources Director.

College courses taken in pursuit of a degree that would render the employee eligible to receive scholastic pay compensation shall not be eligible for tuition reimbursement.

Career development courses and vocational courses offered through a college shall be eligible for tuition reimbursement provided they meet the definition of pre-authorized or prior approval is received from the Fire Chief or designee. Examples include but are not limited to: California State Fire Marshal Courses and CICCS Courses.

2. Non-College Courses
Subject to the limitation above, unit members attending job-related classes, courses, and seminars given by recognized agencies, organizations or individuals other than accredited college institutions may apply for reimbursement of one hundred percent (100%) of the actual cost of tuition, parking fees, travel and lodging expenses . Unit members who must stay in lodging to attend such classes, courses or seminars because of their location are required to seek single occupancy governmental rates (at GSA rates) NBFA MOU 2025-2028
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when booking lodging for the class, course or seminar. Reimbursement for more than single occupancy governmental rates will be provided only if such rates are not available and if approved by the Fire Chief.

Job-related courses, training and seminars will be considered pre- authorized in the following areas: Management and supervision, oral and written communications, conflict resolution, legal issues, and media relations, risk management, fire ground operations, rescue systems, EMS, health and safety, apparatus operator, auto extrication, fire prevention, arson investigation, and critical incident stress management.

Reimbursement is contingent upon the successful completion of the course. Successful completion means a document or certificate showing successful completion of the class or seminar. All claims for tuition reimbursement require the approval of the Fire Training Battalion Chief before submittal to Human Resources.

3. Training - Workers' Comp
Employees of the Newport Beach Fire Department will be considered within the definition of course of employment and arising out of employment for purposes of workers' compensation coverage when they have been authorized by the Fire Chief to attend pre-approved training that furthers the department's mission in providing fire and medical public safety services to the community.

H. FITNESS PROGRAM
All unit members shall participate in the Department Fitness Program as outlined in Department SOP.

I. PHYSICAL CONDITIONING EQUIPMENT

1. City has acquired fitness equipment for use by members in maintaining physical fitness. City shall budget $25,000 per year for the acquisition, maintenance, repair, improvement, or replacement offitness equipment. All purchases need to be approved by the Fire Chief. Up to $10,000 may be carried over to a subsequent fiscal year(s).

An additional $10,000 shall be budgeted to equip any new stations built during the term of this agreement.

2. City shall provide workout apparel for each NBFA member assigned to fire suppression. Workout apparel shall consist of three workout shirts and two trunks. All unit members on duty between the hours of 4:00 p.m. one day and 7:30 a.m. the next, shall wear either the approved workout apparel , or the approved NBFD uniform.

SECTION 5. MISCELLANEOUS PROVISIONS
A. REDUCTIONS IN FORCE/LAYOFFS
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The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee .

Reductions in force are to be accomplished , to the extent feasible , on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly.

1. Definitions
a. Layoff or Layoffs shall mean the non-disciplinary termination of employment. b. "Seniority" shall mean the time an employee has worked in a specific Classification within a Series calculated from the date on which the employee was first granted regular status, subject to the following:
i. Credit shall be given only for continuous service subsequent to the most recent appointment to regular status in the Classification or Series; ii. Seniority shall include time spent on industrial leave , military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence.
iii. For purposes of determining layoffs within the Classification of Firefighter, seniority shall mean the time an employee has worked within the Series from Firefighter to Captain.
c. "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). d. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher-ranking Classification(s) characterized by the need for less supervision by superiors , more difficult assignments, more supervisory responsibilities for subordinates .

In this bargaining unit the following are the Series which exist: 1) Firefighter, Fire Engineer, Firefighter/Paramedic and Fire Captain; 2) Fire Inspector, Senior Fire Inspector and Deputy Fire Marshal; and 3) Fire Facilities Coordinator.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an employee in a higher Classification who is subject to layoff to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education , training or experience , provided, however, the City shall allow an employee to become recertified as a paramedic in the event the employee's certification has expired due to promotion to another position. An employee has the right to Bump into NBFA MOU 2025-2028
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only those positions the employee has previously held with the Department.

2. Procedures
In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable:
a. Probationary employees within any Classification shall be laid off before permanent employees .
b. Employees within a Classification shall be laid off in inverse order of seniority. c. An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within the Series within the bargaining unit, provided, however, that the determination of the employee to be terminated from the position of Firefighter shall be based on seniority within the Series. An employee who has Bumping Rights shall notify the Department Director within seven (7) working days after notice of layoff of his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed . In the event at least one of the employees was not appointed from an eligibility list, the Chief shall determine the employee(s) to be laid off.

3. Notice
Employees subject to layoff shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any). •-

4. Re-Employment
Regular and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The laid off former employee shall remain on the reemployment list for not to exceed two (2) years from the date of layoff. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment.

Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, certified, return receipt requested, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re- employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Human Resources Director.

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5. Severance Pay
Regular employees who are laid off shall, as of the date of lay-off, receive one-week severance pay for each year of continuous service with the City of Newport Beach, but in no case, to exceed ten (10) weeks of severance compensation .

B. DISCIPLINE PLAN
Any discipline shall be in accordance with Department SOP and the Employee Policy Manual.

C. FIRE SUPPRESSION EQUIPMENT STAFFING LEVELS
The City shall not reduce current staffing levels for fire suppression equipment during the term of this MOU. The City believes that appropriate staffing levels call for three (3) fire suppression personnel for each engine company and three (3) fire suppression personnel on one truck company and four (4) fire suppression personnel on the second truck company.

The Fire Chief or designee shall have the discretion to add a fourth fire suppression personnel to the truck company staffed with three fire suppression personnel on a regular or overtime, i.e., "backfill" basis, based on operational needs, for a minimum 12-hour period.

However, nothing contained herein shall be construed as altering the existing 24-hour shift for fire suppression employees .

D. EMT CERTIFICATION
All members are required to attend regularly scheduled departmental EMT certification classes. Any member, except members who are paramedic certified, who misses, or anticipates missing, a regularly scheduled EMT certification class shall contact the Fire Chief or his/her designee in an attempt to schedule a makeup session , provided, however, members may view videotaped classes to make up for absences from a regularly scheduled class in accordance with County and State requirements. If a makeup session is not available within the program schedule established by the Department, the member shall, prior to loss of certification, attend a Departmental session or class offered by a public or private institution on the member's own time and without compensation by the City.

E. NO SMOKING
All employees hired after January 1, 1999, shall not smoke or use any tobacco products (including vaping and e-cigarettes) at any time while on, or off, duty . Employees shall be required to sign an agreement consistent with this section. Violation of the agreement may subject the employee to disciplinary action .

Smoking an occasional celebratory cigar (birth of a child , etc .) while off-duty shall not be considered a violation of this section .

F. INSPECTOR I DEPUTY MARSHAL CLASSIFICATIONS
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Existing flexible staffing provisions in the Inspector I Deputy Marshal Classifications shall remain in effect for the term of this agreement.

G. EXPOSURE LOG
The City maintains an exposure log system.

H. GRIEVANCE PROCEDURE
Except as described herein , unit employees and the Association are covered by the grievance procedure contained in the Employee Policy Manual. However, the parties agree that Step 1 of the manual shall be deemed to define either a Capta in or Battalion Chief as the "immediate supervisor ," Step 2 of the grievance procedure shall be presided over by the Fire Chief , and Step 3 of the grievance procedure shall be the City Manager.

The City Manager shall render the final and binding grievance determination which shall be subject to the right of the employee and/or the Association to seek judicial review per Code of Civil Procedure section 1094.5.

The Grievance Procedure is the sole and exclusive method by which an employee or the Association may challenge the interpretation and/or application of any provision of this MOU .

I. 48/96 SCHEDULE
The Fire Department currently operates with a 48/96 schedule.

J. CONSECUTIVE SHIFTS
Except for employees assigned to "strike teams" unit members are limited to working four (4) 24-hour shifts in a row, after which time the employee shall not work during the next consecutive 24-hour shift . A maximum of two (2) additional consecutive shifts may be permitted with mutual agreement between the employee and the Battalion Chief unless there are operational needs . In which case, the Department may extend the number of consecutive shifts which will be worked by employees.

K. REQUIREMENT TO LIVE WITHIN 150 MILES OF CITY LIMITS
Unit members hired after January 1, 2019 , are required to live within 150 miles of the City limits .

L. OVERPAYMENT
Employees will be notified by Payroll or Human Resources prior to the recovery of overpayments on paychecks . Recovery of more than 15% of net pay will be subject to a repayment schedule established by the appointing authority under guidelines issued by the Finance Department or Human Resources . Such recovery shall not exceed 15% per month of disposable earnings , as defined by State law, except a mutually agreed upon NBFA MOU 2025-2028
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accelerated payment plan for faster recovery.

Recoupments under this section shall be limited to forty-eight ( 48) months. However , nothing in this section is intended to preclude the City from seeking recoupment of overpayments due to fraud or other knowing concealment through any available legal forum.

Signatures are on the next page.

NBFA MOU 202!:r2028
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4-43
Executed this __________ day of ___________, 2025.

NEWPORT BEACH FIREFIGHTERS ASSOCIATION
By: ______________________________________
Bobby Salerno, NBFA President

CITY OF NEWPORT BEACH
By: ______________________________________
Joe Stapleton, Mayor
For the Association :
p/,izp.bet/t Mvec
UIDIMdlW- .M.lOJS ll:OOPOO
Elizabeth Silver
Chief Negotiator
Date: 04/30/25
For the City:

Jonathan V. Holtzman
Chief Negotiator
Date: 04/30/25
P age 136

Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective May 3, 2025:

Safety: 4% Cost-of-Living Adjustment (COLA)+ 2% Equity Adjustment Non-Safety: 4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RA TE SALARY
Fire Captain 112 35 1 $ 37.39 $ 9,074 $ 108,884
Fire Captain 112 35 2 $ 39.25 $ 9,526 $ 114,308
Fire Captain 112 35 3 $ 41.23 $ 10,005 $ 120,057
Fire Captain 112 35 4 $ 43.28 $ 10,502 $ 126,020
Fire Captain 112 35 5 $ 45.45 $ 11,030 $ 132,358
Fire Captain 112 35 6 $ 47.72 $ 11,580 $ 138,965
Fire Captain 112 35 7 $ 50.10 $ 12,158 $ 145,894
Fire Captain 112 35 8 $ 52.61 $ 12,767 $ 153,201
Fire Captain 112 35 9 $ 55.24 $ 13,405 $ 160,861
Fire Captain 80 65 1 $ 52.35 $ 9,074 $ 108,892
Fire Captain 80 65 2 $ 55.00 $ 9,533 $ 114,397
Fire Captain 80 65 3 $ 57.72 $ 10,005 $ 120,057
Fire Captain 80 65 4 $ 60.60 $ 10,505 $ 126,055
Fire Captain 80 65 5 $ 63.63 $ 11,030 $ 132,357
Fire Captain 80 65 6 $ 66.82 $ 11,581 $ 138,976
Fire Captain 80 65 7 $ 70.16 $ 12,160 $ 145,925
Fire Captain 80 65 8 $ 73.66 $ 12,768 $ 153,222
Fire Captain 80 65 9 $ 77.35 $ 13,407 $ 160,882
Fire Captain, Staff EMS/Training 95 1 $ 56.28 $ 9,755 $ 117,059 Fire Captain, Staff EMS/Training 95 2 $ 59.12 $ 10,248 $ 122,971 Fire Captain, Staff EMS/Training 95 3 $ 62.05 $ 10,755 $ 129,057 Fire Captain, Staff EMS/Training 95 4 $ 65.15 $ 11,292 $ 135,509 Fire Captain, Staff EMS/Training 95 5 $ 68.41 $ 11,857 $ 142,284 Fire Captain, Staff EMS/Training 95 6 $ 71.83 $ 12,450 $ 149,400 Fire Captain, Staff EMS/Training 95 7 $ 75.42 $ 13,072 $ 156,869 Fire Captain, Staff EMS/Training 95 8 $ 79.19 $ 13,726 $ 164,713 Fire Captain, Staff EMS/Training 95 9 $ 83.15 $ 14,412 $ 172,949 Fire Engineer 112 15 1 $ 31.87 $ 7,733 $ 92,799
Fire Engineer 112 15 2 $ 33.46 $ 8,119 $ 97,423
Fire Engineer 112 15 3 $ 35.14 $ 8,527 $ 102,321
Fire Engineer 112 15 4 $ 36.88 $ 8,950 $ 107,403
Fire Engineer 112 15 5 $ 38.74 $ 9,400 $ 112,806
Fire Engineer 112 15 6 $ 40.67 $ 9,870 $ 118,437
Fire Engineer 112 15 7 $ 42.70 $ 10,362 $ 124,342
Fire Engineer 112 15 8 $ 44.84 $ 10,881 $ 130,569
Fire Engineer 112 15 9 $ 47.08 $ 11,425 $ 137,097
Fire Engineer 80 15A 1 $ 44.62 $ 7,734 $ 92,806
4-44
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective May 3, 2025:

Safety: 4% Cost-of-Living Adjustment (COLA)+ 2% Equity Adjustment Non-Safety: 4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RA TE SALARY
Fire Engineer 80 15A 2 $ 46.85 $ 8,120 $ 97,445
Fire Engineer 80 15A 3 $ 49.19 $ 8,527 $ 102,321
Fire Engineer 80 15A 4 $ 51.65 $ 8,953 $ 107,434
Fire Engineer 80 15A 5 $ 54.23 $ 9,400 $ 112,805
Fire Engineer 80 15A 6 $ 57.10 $ 9,897 $ 118,764
Fire Engineer 80 15A 7 $ 59.79 $ 10,364 $ 124,368
Fire Engineer 80 15A 8 $ 62.78 $ 10,882 $ 130,587
Fire Engineer 80 15A 9 $ 65.92 $ 11,426 $ 137,115
Fire Inspector 02 1 $ 41.65 $ 7,220 $ 86,641
Fire Inspector 02 2 $ 43.74 $ 7,581 $ 90,977
Fire Inspector 02 3 $ 45.92 $ 7,959 $ 95,511
Fire Inspector 02 4 $ 48.22 $ 8,359 $ 100,302
Fire Inspector 02 5 $ 50.64 $ 8,777 $ 105,321
Fire Inspector 02 6 $ 53.16 $ 9,214 $ 110,569
Fire Inspector 02 7 $ 55.82 $ 9,675 $ 116,101
Fire Inspector 02 8 $ 58.62 $ 10,160 $ 121,919
Fire Inspector 02 9 $ 61.55 $ 10,668 $ 128,015
Fire Inspector, Senior 47 1 $ 45.84 $ 7,945 $ 95,339
Fire Inspector, Senior 47 2 $ 48.14 $ 8,344 $ 100,131
Fire Inspector, Senior 47 3 $ 50.54 $ 8,760 $ 105,122
Fire Inspector, Senior 47 4 $ 53.06 $ 9,197 $ 110,369
Fire Inspector, Senior 47 5 $ 55.72 $ 9,659 $ 115,902
Fire Inspector, Senior 47 6 $ 58.51 $ 10,141 $ 121,691
Fire Inspector, Senior 47 7 $ 61.43 $ 10,647 $ 127,766
Fire Inspector, Senior 47 8 $ 64.51 $ 11,182 $ 134,183
Fire Inspector, Senior 47 9 $ 67.74 $ 11,741 $ 140,892
Fire Marshal, Deputy 75 1 $ 50.40 $ 8,736 $ 104,836
Fire Marshal, Deputy 75 2 $ 52.93 $ 9,174 $ 110,084
Fire Marshal, Deputy 75 3 $ 55.57 $ 9,632 $ 115,588
Fire Marshal, Deputy 75 4 $ 58.35 $ 10,115 $ 121,378
Fire Marshal, Deputy 75 5 $ 61.28 $ 10,621 $ 127,453
Fire Marshal, Deputy 75 6 $ 64.33 $ 11,151 $ 133,812
Fire Marshal, Deputy 75 7 $ 67.55 $ 11,709 $ 140,514
Fire Marshal, Deputy 75 8 $ 70.93 $ 12,294 $ 147,530
Fire Marshal, Deputy 75 9 $ 74.47 $ 12,909 $ 154,906
Fire Services Coordinator 01 1 $ 36.42 $ 6,312 $ 75,747 Fire Services Coordinator 01 2 $ 38.23 $ 6,626 $ 79,511 4-45
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective May 3, 2025:

Safety: 4% Cost-of-Living Adjustment (COLA)+ 2% Equity Adjustment Non-Safety: 4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RA TE SALARY
Fire Services Coordinator 01 3 $ 40 .15 $ 6,959 $ 83,504 Fire Services Coordinator 01 4 $ 42 .16 $ 7,308 $ 87,696 Fire Services Coordinator 01 5 $ 44.27 $ 7,674 $ 92,088 Fire Services Coordinator 01 6 $ 46 .49 $ 8,059 $ 96,708 Fire Services Coordinator 01 7 $ 48 .83 $ 8,463 $ 101,557 Fire Services Coordinator 01 8 $ 51.27 $ 8,886 $ 106,633 Fire Services Coordinator 01 9 $ 53 .83 $ 9,330 $ 111,964 Firefighter 112 05 0 $ 26.98 $ 6,547 $ 78,559
Firefighter 112 05 1 $ 28.33 $ 6,874 $ 82,488
Firefighter 112 05 2 $ 29.74 $ 7,216 $ 86,598
Firefighter 112 05 3 $ 31.23 $ 7,579 $ 90,952
Firefighter 112 05 4 $ 32 .78 $ 7,956 $ 95,469
Firefighter 112 05 5 $ 34.43 $ 8,356 $ 100,272
Firefighter 112 05 6 $ 36.15 $ 8,773 $ 105,277
Firefighter 112 05 7 $ 37.96 $ 9,211 $ 110,526
Firefighter 112 05 8 $ 39.86 $ 9,672 $ 116,062
Firefighter 112 05 9 $ 41.85 $ 10,155 $ 121,864
Firefighter 80 06 0 $ 37.77 $ 6,547 $ 78,565
Firefighter 80 06 1 $ 39.66 $ 6,874 $ 82,494
Firefighter 80 06 2 $ 41.64 $ 7,218 $ 86,618
Firefighter 80 06 3 $ 43 .73 $ 7,579 $ 90,952
Firefighter 80 06 4 $ 45 .91 $ 7,958 $ 95,496
Firefighter 80 06 5 $ 48 .21 $ 8,356 $ 100,272
Firefighter 80 06 6 $ 50 .62 $ 8,774 $ 105,283
Firefighter 80 06 7 $ 53 .15 $ 9,212 $ 110,549
Firefighter 80 06 8 $ 55 .81 $ 9,673 $ 116,076
Firefighter 80 06 9 $ 58 .60 $ 10,157 $ 121,881
Firefighter Paramedic 11i 25 1 $ 34.69 $ 8,417 $ 101,005 Firefighter Paramedic 112
2 25 2 $ 36.42 $ 8,838 $ 106,050
Firefighter Paramedic 11i 25 3 $ 38.24 $ 9,278 $ 111,341 Firefighter Paramedic 112
2 25 4 $ 40 .15 $ 9,743 $ 116,916
Firefighter Paramedic 11i 25 5 $ 42 .15 $ 10,228 $ 122,734 Firefighter Paramedic 112
2 25 6 $ 44.26 $ 10,740 $ 128,880
Firefighter Paramedic 11i 25 7 $ 46 .48 $ 11,279 $ 135,350 Firefighter Paramedic 112
2 25 8 $ 48 .80 $ 11,842 $ 142,105
Firefighter Paramedic 11i 25 9 $ 51.24 $ 12,434 $ 149,210 Firefighter Paramedic 112
3 27 1 $ 33 .21 $ 8,060 $ 96,717
4-46
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective May 3, 2025:

Safety: 4% Cost-of-Living Adjustment (COLA)+ 2% Equity Adjustment Non-Safety: 4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RA TE SALARY
Firefighter Paramedic 112
3 27 2 $ 34.87 $ 8,463 $ 101,553
Firefighter Paramedic 11i 27 3 $ 36.62 $ 8,887 $ 106,641 Firefighter Paramedic 112
3 27 4 $ 38.45 $ 9,330 $ 111,962
Firefighter Paramedic 11i 27 5 $ 40 .37 $ 9,797 $ 117,569 Firefighter Paramedic 112
3 27 6 $ 42 .39 $ 10,287 $ 123,439
Firefighter Paramedic 11i 27 7 $ 44.51 $ 10,801 $ 129,611 Firefighter Paramedic 112
3 27 8 $ 46 .73 $ 11,341 $ 136,090
Firefighter Paramedic 11i 27 9 $ 49 .07 $ 11,908 $ 142,895 Firefighter Paramedic 80
2 26 1 $ 48 .54 $ 8,413 $ 100,955
Firefighter Paramedic 80
2 26 2 $ 50 .96 $ 8,834 $ 106,004
Firefighter Paramedic 80
2 26 3 $ 53 .53 $ 9,279 $ 111,343
Firefighter Paramedic 80
2 26 4 $ 56 .21 $ 9,743 $ 116,914
Firefighter Paramedic 80
2 26 5 $ 59 .00 $ 10,227 $ 122,729
Firefighter Paramedic 80
2 26 6 $ 61.96 $ 10,739 $ 128,874
Firefighter Paramedic 80
2 26 7 $ 65 .04 $ 11,274 $ 135,286
Firefighter Paramedic 80
2 26 8 $ 68 .29 $ 11,836 $ 142,037
Firefighter Paramedic 80
2 26 9 $ 71.70 $ 12,428 $ 149,138
Firefighter Paramedic 80
3 28 1 $ 46 .50 $ 8,060 $ 96,724
Firefighter Paramedic 80
3 28 2 $ 48 .83 $ 8,463 $ 101,560
Firefighter Paramedic 80
3 28 3 $ 51.27 $ 8,887 $ 106,638
Firefighter Paramedic 80
3 28 4 $ 53 .83 $ 9,331 $ 111,970
Firefighter Paramedic 80
3 28 5 $ 56 .52 $ 9,797 $ 117,569
Firefighter Paramedic 80
3 28 6 $ 59 .35 $ 10,287 $ 123,447
Firefighter Paramedic 80
3 28 7 $ 62 .32 $ 10,802 $ 129,619
Firefighter Paramedic 80
3 28 8 $ 65 .43 $ 11,342 $ 136,100
Firefighter Paramedic 80
3 28 9 $ 68 .70 $ 11,909 $ 142,905
Hourl y rates are ro unded to the nearest hundredth . Monthl y and annual sa laries are ro unded to the nearest whole doll ar.

Actu al r ates may va ry slightl y due to roundin g.
2 Hired before January 1, 2016
3 Hired on/a fter January 1, 2016
4-47
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective July 11, 2026:
4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Fire Captain 112 35 1 $ 38.89 $ 9,437 $ 113,240
Fire Captain 112 35 2 $ 40.82 $ 9,907 $ 118,881
Fire Captain 112 35 3 $ 42.88 $ 10,405 $ 124,859
Fire Captain 112 35 4 $ 45.01 $ 10,922 $ 131,060
Fire Captain 112 35 5 $ 47.27 $ 11,471 $ 137,653
Fire Captain 112 35 6 $ 49.63 $ 12,044 $ 144,524
Fire Captain 112 35 7 $ 52.11 $ 12,644 $ 151,730
Fire Captain 112 35 8 $ 54.71 $ 13,277 $ 159,329
Fire Captain 112 35 9 $ 57.45 $ 13,941 $ 167,295
Fire Captain 80 65 1 $ 54.45 $ 9,437 $ 113,247
Fire Captain 80 65 2 $ 57.20 $ 9,914 $ 118,973
Fire Captain 80 65 3 $ 60.03 $ 10,405 $ 124,859
Fire Captain 80 65 4 $ 63.03 $ 10,925 $ 131,097
Fire Captain 80 65 5 $ 66.18 $ 11,471 $ 137,652
Fire Captain 80 65 6 $ 69.49 $ 12,045 $ 144,535
Fire Captain 80 65 7 $ 72.96 $ 12,647 $ 151,762
Fire Captain 80 65 8 $ 76.61 $ 13,279 $ 159,351
Fire Captain 80 65 9 $ 80.44 $ 13,943 $ 167,317
Fire Captain, Staff EMS/Training 95 1 $ 58.53 $ 10,145 $ 121,741 Fire Captain, Staff EMS/Training 95 2 $ 61.49 $ 10,658 $ 127,890 Fire Captain, Staff EMS/Training 95 3 $ 64.53 $ 11,185 $ 134,219 Fire Captain, Staff EMS/Training 95 4 $ 67.75 $ 11,744 $ 140,930 Fire Captain, Staff EMS/Training 95 5 $ 71.14 $ 12,331 $ 147,976 Fire Captain, Staff EMS/Training 95 6 $ 74.70 $ 12,948 $ 155,375 Fire Captain, Staff EMS/Training 95 7 $ 78.43 $ 13,595 $ 163,144 Fire Captain, Staff EMS/Training 95 8 $ 82.36 $ 14,275 $ 171,302 Fire Captain, Staff EMS/Training 95 9 $ 86.47 $ 14,989 $ 179,867 Fire Engineer 112 15 1 $ 33.14 $ 8,043 $ 96,511
Fire Engineer 112 15 2 $ 34.79 $ 8,443 $ 101,319
Fire Engineer 112 15 3 $ 36.54 $ 8,868 $ 106,414
Fire Engineer 112 15 4 $ 38.36 $ 9,308 $ 111,699
Fire Engineer 112 15 5 $ 40.29 $ 9,776 $ 117,318
Fire Engineer 112 15 6 $ 42.30 $ 10,265 $ 123,174
Fire Engineer 112 15 7 $ 44.41 $ 10,776 $ 129,315
Fire Engineer 112 15 8 $ 46.63 $ 11,316 $ 135,792
Fire Engineer 112 15 9 $ 48.96 $ 11,882 $ 142,581
Fire Engineer 80 15A 1 $ 46.40 $ 8,043 $ 96,518
4-48
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective July 11, 2026:
4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Fire Engineer 80 15A 2 $ 48.72 $ 8,445 $ 101,343
Fire Engineer 80 15A 3 $ 51.16 $ 8,868 $ 106,414
Fire Engineer 80 15A 4 $ 53.72 $ 9,311 $ 111,731
Fire Engineer 80 15A 5 $ 56.40 $ 9,776 $ 117,317
Fire Engineer 80 15A 6 $ 59.38 $ 10,293 $ 123,514
Fire Engineer 80 15A 7 $ 62.18 $ 10,779 $ 129,343
Fire Engineer 80 15A 8 $ 65.29 $ 11,318 $ 135,811
Fire Engineer 80 15A 9 $ 68.56 $ 11,883 $ 142,600
Fire Inspector 02 1 $ 43.32 $ 7,509 $ 90,107
Fire Inspector 02 2 $ 45.49 $ 7,885 $ 94,616
Fire Inspector 02 3 $ 47.76 $ 8,278 $ 99,331
Fire Inspector 02 4 $ 50.15 $ 8,693 $ 104,314
Fire Inspector 02 5 $ 52.66 $ 9,128 $ 109,534
Fire Inspector 02 6 $ 55.28 $ 9,583 $ 114,992
Fire Inspector 02 7 $ 58.05 $ 10,062 $ 120,745
Fire Inspector 02 8 $ 60.96 $ 10,566 $ 126,796
Fire Inspector 02 9 $ 64.01 $ 11,095 $ 133,136
Fire Inspector, Senior 47 1 $ 47.67 $ 8,263 $ 99,153
Fire Inspector, Senior 47 2 $ 50.07 $ 8,678 $ 104,136
Fire Inspector, Senior 47 3 $ 52.56 $ 9,111 $ 109,327
Fire Inspector, Senior 47 4 $ 55.18 $ 9,565 $ 114,784
Fire Inspector, Senior 47 5 $ 57.95 $ 10,045 $ 120,538
Fire Inspector, Senior 47 6 $ 60.85 $ 10,547 $ 126,558
Fire Inspector, Senior 47 7 $ 63.88 $ 11,073 $ 132,876
Fire Inspector, Senior 47 8 $ 67.09 $ 11,629 $ 139,550
Fire Inspector, Senior 47 9 $ 70.45 $ 12,211 $ 146,528
Fire Marshal, Deputy 75 1 $ 52.42 $ 9,086 $ 109,030
Fire Marshal, Deputy 75 2 $ 55.04 $ 9,541 $ 114,487
Fire Marshal, Deputy 75 3 $ 57.79 $ 10,018 $ 120,212
Fire Marshal, Deputy 75 4 $ 60.69 $ 10,519 $ 126,233
Fire Marshal, Deputy 75 5 $ 63.73 $ 11,046 $ 132,551
Fire Marshal, Deputy 75 6 $ 66.91 $ 11,597 $ 139,164
Fire Marshal, Deputy 75 7 $ 70.26 $ 12,178 $ 146,134
Fire Marshal, Deputy 75 8 $ 73.76 $ 12,786 $ 153,431
Fire Marshal, Deputy 75 9 $ 77.45 $ 13,425 $ 161,103
Fire Services Coordinator 01 1 $ 37.87 $ 6,565 $ 78,776 Fire Services Coordinator 01 2 $ 39.76 $ 6,891 $ 82,692 4-49
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective July 11, 2026:
4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Fire Services Coordinator 01 3 $ 41.75 $ 7,237 $ 86,844 Fire Services Coordinator 01 4 $ 43 .85 $ 7,600 $ 91,204 Fire Services Coordinator 01 5 $ 46 .04 $ 7,981 $ 95,772 Fire Services Coordinator 01 6 $ 48 .35 $ 8,381 $ 100,577 Fire Services Coordinator 01 7 $ 50 .78 $ 8,802 $ 105,619 Fire Services Coordinator 01 8 $ 53 .32 $ 9,242 $ 110,898 Fire Services Coordinator 01 9 $ 55 .98 $ 9,704 $ 116,443 Firefighter 112 05 0 $ 28.06 $ 6,808 $ 81,702
Firefighter 112 05 1 $ 29.46 $ 7,149 $ 85,788
Firefighter 112 05 2 $ 30.93 $ 7,505 $ 90,061
Firefighter 112 05 3 $ 32 .48 $ 7,882 $ 94,590
Firefighter 112 05 4 $ 34.10 $ 8,274 $ 99,288
Firefighter 112 05 5 $ 35 .81 $ 8,690 $ 104,283
Firefighter 112 05 6 $ 37.60 $ 9,124 $ 109,488
Firefighter 112 05 7 $ 39.47 $ 9,579 $ 114,947
Firefighter 112 05 8 $ 41.45 $ 10,059 $ 120,704
Firefighter 112 05 9 $ 43 .52 $ 10,562 $ 126,739
Firefighter 80 06 0 $ 39.28 $ 6,809 $ 81,708
Firefighter 80 06 1 $ 41.25 $ 7,149 $ 85,794
Firefighter 80 06 2 $ 43 .31 $ 7,507 $ 90,083
Firefighter 80 06 3 $ 45 .48 $ 7,883 $ 94,590
Firefighter 80 06 4 $ 47 .75 $ 8,276 $ 99,316
Firefighter 80 06 5 $ 50 .14 $ 8,690 $ 104,283
Firefighter 80 06 6 $ 52 .64 $ 9,125 $ 109,494
Firefighter 80 06 7 $ 55 .27 $ 9,581 $ 114,971
Firefighter 80 06 8 $ 58 .04 $ 10,060 $ 120,720
Firefighter 80 06 9 $ 60 .94 $ 10,563 $ 126,757
Firefighter Paramedic 11i 25 1 $ 36.07 $ 8,754 $ 105,045 Firefighter Paramedic 11i 25 2 $ 37.88 $ 9,191 $ 110,292 Firefighter Paramedic 11i 25 3 $ 39.76 $ 9,650 $ 115,795 Firefighter Paramedic 11i 25 4 $ 41.76 $ 10,133 $ 121,593 Firefighter Paramedic 11i 25 5 $ 43 .83 $ 10,637 $ 127,644 Firefighter Paramedic 11i 25 6 $ 46 .03 $ 11,170 $ 134,035 Firefighter Paramedic 11i 25 7 $ 48 .34 $ 11,730 $ 140,764 Firefighter Paramedic 11i 25 8 $ 50 .75 $ 12,316 $ 147,789 Firefighter Paramedic 11i 25 9 $ 53 .29 $ 12,932 $ 155,179 Firefighter Paramedic 11i 27 1 $ 34.54 $ 8,382 $ 100,585 4-50
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective July 11, 2026:
4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Firefighter Paramedic 11i 27 2 $ 36 .27 $ 8,801 $ 105,615 Firefighter Paramedic 11i 27 3 $ 38 .09 $ 9,242 $ 110,907 Firefighter Paramedic 11i 27 4 $ 39 .99 $ 9,703 $ 116,441 Firefighter Paramedic 11i 27 5 $ 41.99 $ 10,189 $ 122,272 Firefighter Paramedic 11i 27 6 $ 44.09 $ 10,698 $ 128,376 Firefighter Paramedic 11i 27 7 $ 46 .29 $ 11,233 $ 134,795 Firefighter Paramedic 11i 27 8 $ 48 .60 $ 11,794 $ 141,534 Firefighter Paramedic 11i 27 9 $ 51.03 $ 12,384 $ 148,611 Firefighter Paramedic 80
2 26 1 $ 50 .48 $ 8,749 $ 104,994
Firefighter Paramedic 80
2 26 2 $ 53 .00 $ 9,187 $ 110,244
Firefighter Paramedic 80
2 26 3 $ 55 .67 $ 9,650 $ 115,797
Firefighter Paramedic 80
2 26 4 $ 58 .46 $ 10,133 $ 121,590
Firefighter Paramedic 80
2 26 5 $ 61.36 $ 10,637 $ 127,639
Firefighter Paramedic 80
2 26 6 $ 64.44 $ 11,169 $ 134,029
Firefighter Paramedic 80
2 26 7 $ 67 .64 $ 11,725 $ 140,698
Firefighter Paramedic 80
2 26 8 $ 71.02 $ 12,310 $ 147,719
Firefighter Paramedic 80
2 26 9 $ 74 .57 $ 12,925 $ 155,104
Firefighter Paramedic 80
3 28 1 $ 48 .36 $ 8,383 $ 100,593
Firefighter Paramedic 80
3 28 2 $ 50 .78 $ 8,802 $ 105,622
Firefighter Paramedic 80
3 28 3 $ 53 .32 $ 9,242 $ 110,904
Firefighter Paramedic 80
3 28 4 $ 55 .99 $ 9,704 $ 116,449
Firefighter Paramedic 80
3 28 5 $ 58 .78 $ 10,189 $ 122,271
Firefighter Paramedic 80
3 28 6 $ 61.72 $ 10,699 $ 128,385
Firefighter Paramedic 80
3 28 7 $ 64.81 $ 11,234 $ 134,803
Firefighter Paramedic 80
3 28 8 $ 68 .05 $ 11,795 $ 141,544
Firefighter Paramedic 80
3 28 9 $ 71.45 $ 12,385 $ 148,621
Hourl y rates are ro unded to the nearest hundredth . Monthl y and annual sa laries are ro unded to the nearest whole doll ar.

Actu al r ates may vary slightl y due to roundin g.
2 Hired before January 1, 2016
3 Hired on/a fter January 1, 2016
4-51
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective July 10, 2027:
4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Fire Captain 112 35 1 $ 40.44 $ 9,814 $ 117,769
Fire Captain 112 35 2 $ 42.46 $ 10,303 $ 123,636
Fire Captain 112 35 3 $ 44.59 $ 10,821 $ 129,853
Fire Captain 112 35 4 $ 46.81 $ 11,359 $ 136,303
Fire Captain 112 35 5 $ 49.16 $ 11,930 $ 143,159
Fire Captain 112 35 6 $ 51.62 $ 12,525 $ 150,305
Fire Captain 112 35 7 $ 54.19 $ 13,150 $ 157,799
Fire Captain 112 35 8 $ 56.90 $ 13,809 $ 165,702
Fire Captain 112 35 9 $ 59.75 $ 14,499 $ 173,987
Fire Captain 80 65 1 $ 56.62 $ 9,815 $ 117,777
Fire Captain 80 65 2 $ 59.49 $ 10,311 $ 123,731
Fire Captain 80 65 3 $ 62.43 $ 10,821 $ 129,854
Fire Captain 80 65 4 $ 65.55 $ 11,362 $ 136,341
Fire Captain 80 65 5 $ 68.83 $ 11,930 $ 143,158
Fire Captain 80 65 6 $ 72.27 $ 12,526 $ 150,317
Fire Captain 80 65 7 $ 75.88 $ 13,153 $ 157,832
Fire Captain 80 65 8 $ 79.68 $ 13,810 $ 165,725
Fire Captain 80 65 9 $ 83.66 $ 14,501 $ 174,010
Fire Captain, Staff EMS/Training 95 1 $ 60.87 $ 10,551 $ 126,611 Fire Captain, Staff EMS/Training 95 2 $ 63.95 $ 11,084 $ 133,006 Fire Captain, Staff EMS/Training 95 3 $ 67.11 $ 11,632 $ 139,588 Fire Captain, Staff EMS/Training 95 4 $ 70.47 $ 12,214 $ 146,567 Fire Captain, Staff EMS/Training 95 5 $ 73.99 $ 12,825 $ 153,895 Fire Captain, Staff EMS/Training 95 6 $ 77.69 $ 13,466 $ 161,591 Fire Captain, Staff EMS/Training 95 7 $ 81.57 $ 14,139 $ 169,670 Fire Captain, Staff EMS/Training 95 8 $ 85.65 $ 14,846 $ 178,154 Fire Captain, Staff EMS/Training 95 9 $ 89.93 $ 15,588 $ 187,061 Fire Engineer 112 15 1 $ 34.47 $ 8,364 $ 100,371
Fire Engineer 112 15 2 $ 36.19 $ 8,781 $ 105,372
Fire Engineer 112 15 3 $ 38.00 $ 9,223 $ 110,670
Fire Engineer 112 15 4 $ 39.89 $ 9,681 $ 116,167
Fire Engineer 112 15 5 $ 41.90 $ 10,168 $ 122,010
Fire Engineer 112 15 6 $ 43.99 $ 10,675 $ 128,101
Fire Engineer 112 15 7 $ 46.18 $ 11,207 $ 134,488
Fire Engineer 112 15 8 $ 48.50 $ 11,769 $ 141,224
Fire Engineer 112 15 9 $ 50.92 $ 12,357 $ 148,284
Fire Engineer 80 15A 1 $ 48.26 $ 8,365 $ 100,378
4-52
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective July 10, 2027:
4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Fire Engineer 80 15A 2 $ 50.67 $ 8,783 $ 105,397
Fire Engineer 80 15A 3 $ 53.21 $ 9,223 $ 110,670
Fire Engineer 80 15A 4 $ 55.87 $ 9,683 $ 116,200
Fire Engineer 80 15A 5 $ 58.66 $ 10,168 $ 122,010
Fire Engineer 80 15A 6 $ 61.76 $ 10,705 $ 128,455
Fire Engineer 80 15A 7 $ 64.67 $ 11,210 $ 134,516
Fire Engineer 80 15A 8 $ 67.91 $ 11,770 $ 141,243
Fire Engineer 80 15A 9 $ 71.30 $ 12,359 $ 148,304
Fire Inspector 02 1 $ 45.05 $ 7,809 $ 93,711
Fire Inspector 02 2 $ 47.31 $ 8,200 $ 98,400
Fire Inspector 02 3 $ 49.67 $ 8,609 $ 103,304
Fire Inspector 02 4 $ 52.16 $ 9,041 $ 108,487
Fire Inspector 02 5 $ 54.77 $ 9,493 $ 113,916
Fire Inspector 02 6 $ 57.50 $ 9,966 $ 119,591
Fire Inspector 02 7 $ 60.37 $ 10,465 $ 125,575
Fire Inspector 02 8 $ 63.40 $ 10,989 $ 131,868
Fire Inspector 02 9 $ 66.57 $ 11,538 $ 138,461
Fire Inspector, Senior 47 1 $ 49.58 $ 8,593 $ 103,119
Fire Inspector, Senior 47 2 $ 52.07 $ 9,025 $ 108,301
Fire Inspector, Senior 47 3 $ 54.66 $ 9,475 $ 113,700
Fire Inspector, Senior 47 4 $ 57.39 $ 9,948 $ 119,376
Fire Inspector, Senior 47 5 $ 60.27 $ 10,447 $ 125,360
Fire Inspector, Senior 47 6 $ 63.28 $ 10,968 $ 131,621
Fire Inspector, Senior 47 7 $ 66.44 $ 11,516 $ 138,192
Fire Inspector, Senior 47 8 $ 69.78 $ 12,094 $ 145,132
Fire Inspector, Senior 47 9 $ 73.26 $ 12,699 $ 152,389
Fire Marshal, Deputy 75 1 $ 54.51 $ 9,449 $ 113,391
Fire Marshal, Deputy 75 2 $ 57.24 $ 9,922 $ 119,067
Fire Marshal, Deputy 75 3 $ 60.11 $ 10,418 $ 125,020
Fire Marshal, Deputy 75 4 $ 63.12 $ 10,940 $ 131,282
Fire Marshal, Deputy 75 5 $ 66.28 $ 11,488 $ 137,853
Fire Marshal, Deputy 75 6 $ 69.58 $ 12,061 $ 144,731
Fire Marshal, Deputy 75 7 $ 73.07 $ 12,665 $ 151,980
Fire Marshal, Deputy 75 8 $ 76.72 $ 13,297 $ 159,568
Fire Marshal, Deputy 75 9 $ 80.55 $ 13,962 $ 167,547
Fire Services Coordinator 01 1 $ 39.39 $ 6,827 $ 81,928 Fire Services Coordinator 01 2 $ 41.35 $ 7,167 $ 85,999 4-53
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective July 10, 2027:
4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Fire Services Coordinator 01 3 $ 43 .42 $ 7,527 $ 90,318 Fire Services Coordinator 01 4 $ 45 .60 $ 7,904 $ 94,853 Fire Services Coordinator 01 5 $ 47 .89 $ 8,300 $ 99,603 Fire Services Coordinator 01 6 $ 50 .29 $ 8,717 $ 104,600 Fire Services Coordinator 01 7 $ 52 .81 $ 9,154 $ 109,844 Fire Services Coordinator 01 8 $ 55 .45 $ 9,611 $ 115,334 Fire Services Coordinator 01 9 $ 58 .22 $ 10,092 $ 121,101 Firefighter 112 05 0 $ 29.18 $ 7,081 $ 84,970
Firefighter 112 05 1 $ 30.64 $ 7,435 $ 89,219
Firefighter 112 05 2 $ 32 .16 $ 7,805 $ 93,664
Firefighter 112 05 3 $ 33 .78 $ 8,198 $ 98,374
Firefighter 112 05 4 $ 35 .46 $ 8,605 $ 103,260
Firefighter 112 05 5 $ 37.24 $ 9,038 $ 108,454
Firefighter 112 05 6 $ 39.10 $ 9,489 $ 113,868
Firefighter 112 05 7 $ 41.05 $ 9,962 $ 119,545
Firefighter 112 05 8 $ 43 .11 $ 10,461 $ 125,532
Firefighter 112 05 9 $ 45 .26 $ 10,984 $ 131,809
Firefighter 80 06 0 $ 40 .85 $ 7,081 $ 84,976
Firefighter 80 06 1 $ 42 .90 $ 7,435 $ 89,225
Firefighter 80 06 2 $ 45 .04 $ 7,807 $ 93,687
Firefighter 80 06 3 $ 47 .30 $ 8,198 $ 98,374
Firefighter 80 06 4 $ 49 .66 $ 8,607 $ 103,289
Firefighter 80 06 5 $ 52 .14 $ 9,038 $ 108,454
Firefighter 80 06 6 $ 54.75 $ 9,490 $ 113,874
Firefighter 80 06 7 $ 57 .49 $ 9,964 $ 119,570
Firefighter 80 06 8 $ 60 .36 $ 10,462 $ 125,548
Firefighter 80 06 9 $ 63 .38 $ 10,986 $ 131,827
Firefighter Paramedic 11i 25 1 $ 37.52 $ 9,104 $ 109,246 Firefighter Paramedic 11i 25 2 $ 39.39 $ 9,559 $ 114,704 Firefighter Paramedic 11i 25 3 $ 41.36 $ 10,036 $ 120,426 Firefighter Paramedic 11i 25 4 $ 43 .43 $ 10,538 $ 126,456 Firefighter Paramedic 11i 25 5 $ 45 .59 $ 11,062 $ 132,749 Firefighter Paramedic 11i 25 6 $ 47 .87 $ 11,616 $ 139,396 Firefighter Paramedic 11i 25 7 $ 50 .27 $ 12,200 $ 146,395 Firefighter Paramedic 11i 25 8 $ 52 .78 $ 12,808 $ 153,701 Firefighter Paramedic 11i 25 9 $ 55 .42 $ 13,449 $ 161,386 Firefighter Paramedic 11i 27 1 $ 35 .92 $ 8,717 $ 104,609 4-54
Exhibit A
The Newport Beach Firefighters Association
Represented Sworn and Non-sworn Positions
MOU Term: May 3, 2025 - June 30, 2028
Effective July 10, 2027:
4% Cost-of-Living Adjustment (COLA)

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Firefighter Paramedic 11i 27 2 $ 37.72 $ 9,153 $ 109,840 Firefighter Paramedic 11i 27 3 $ 39.61 $ 9,612 $ 115,343 Firefighter Paramedic 11i 27 4 $ 41.59 $ 10,092 $ 121,098 Firefighter Paramedic 11i 27 5 $ 43.67 $ 10,597 $ 127,162 Firefighter Paramedic 11i 27 6 $ 45.85 $ 11,126 $ 133,511 Firefighter Paramedic 11i 27 7 $ 48.14 $ 11,682 $ 140,187 Firefighter Paramedic 11i 27 8 $ 50.55 $ 12,266 $ 147,195 Firefighter Paramedic 11i 27 9 $ 53.08 $ 12,880 $ 154,555 Firefighter Paramedic 80
2 26 1 $ 52.50 $ 9,099 $ 109,194
Firefighter Paramedic 80
2 26 2 $ 55.12 $ 9,555 $ 114,654
Firefighter Paramedic 80
2 26 3 $ 57.90 $ 10,036 $ 120,429
Firefighter Paramedic 80
2 26 4 $ 60.80 $ 10,538 $ 126,454
Firefighter Paramedic 80
2 26 5 $ 63.82 $ 11,062 $ 132,744
Firefighter Paramedic 80
2 26 6 $ 67.01 $ 11,616 $ 139,390
Firefighter Paramedic 80
2 26 7 $ 70.35 $ 12,194 $ 146,325
Firefighter Paramedic 80
2 26 8 $ 73.86 $ 12,802 $ 153,627
Firefighter Paramedic 80
2 26 9 $ 77.55 $ 13,442 $ 161,308
Firefighter Paramedic 80
3 28 1 $ 50.30 $ 8,718 $ 104,617
Firefighter Paramedic 80
3 28 2 $ 52.81 $ 9,154 $ 109,847
Firefighter Paramedic 80
3 28 3 $ 55.45 $ 9,612 $ 115,340
Firefighter Paramedic 80
3 28 4 $ 58.22 $ 10,092 $ 121,107
Firefighter Paramedic 80
3 28 5 $ 61.14 $ 10,597 $ 127,162
Firefighter Paramedic 80
3 28 6 $ 64.19 $ 11,127 $ 133,520
Firefighter Paramedic 80
3 28 7 $ 67.40 $ 11,683 $ 140,196
Firefighter Paramedic 80
3 28 8 $ 70.77 $ 12,267 $ 147,206
Firefighter Paramedic 80
3 28 9 $ 74.31 $ 12,881 $ 154,566
Hourl y rates are ro unded to the nearest hundredth . Monthl y and annual sa laries are rounded to the nearest whole doll ar.

Actu al r ates may vary slightl y due to roundin g.
2 Hired before January 1, 2016
3 Hired on/a fter January 1, 2016
4-55

ATTACHMENT B

COSTING
4-56
City of Newport Beach

NBFAMOU
Current FY 2025/26 FY 2026/27 FY 2027 /28
Key Contract Terms
COLA
Equity Adjustment for Sworn
Longevity Pay
Medical lnsurance 1
Move-Up Assignment Pay for Captain to Battalion Chief
Convert Map/Preplan Pay to Turnout Coordinator Pay
Holiday Time to Cash
Impact on OT from Converting Holiday Time to Cash
NAL Bank
Summary of Proposal Cost
2 Baseline Compensation
Base Pay
Supplemental Pays
Overtime
Pension Contribution
Medical Insurance
Other City Paid Benefits
3 SubTotal
Cumulative Impact on Employee Compensation
Base Sa la ry Increase
4 Total Compensation Increases
Key Contract Terms
COLA
Equity Adjustment
Longevity Pay
Medical Insurance
Move-Up Assignment Pay
Convert Map/Preplan Pay to Turnout Coordinator Pay
Holiday Time to Cash
Impact on OT from Converting Holiday Time to Cash
NAL Bank
Notes

1.5%@ 16 Years

2.5%@ 20 Years

3.5%@ 25 Years
5%
2% for Map/Preplan
$16,187,981
1,487,419
6,395,443
3,020,793
3,121,500
1,005,393
$31,218,529

4.00%

2.00%

4.00%

5.0%@ 15 Years
10%@ 20 Years

4.00%
7/1/25 Additional $300/month (No Cash Back)

9.50%
5% of Base Pay for Turnout Coordinator
48 Hours
-48 Hours
48 Hours
$955,536 $1,641,277 $2,354,447
837,992 954,687 1,082,548
160,006 422,223 694,930
180,559 308,790 442,151
160,809 160,809 160,809
450,784 507,539 566,659
$2,745,685 $3,995,326 $5,301,545

5.90% 10.14% 14.54%

8.80% 12.80% 16.98%
1,144,006 2,304,231 3,510,960
490,017 490,017 490,017
516,792 569,984 631,801
160,809 160,809 160,809
666 720 777
4,218 4,495 4,783
269,958 290,532 311,930
{223,721) {223,721) {223,721)
382,940 398,258 414,188
2,745,685 3,995,326 5,301,545
1 Assumes maintaining the current level of funding, plus an additional $300 per month in health insurance benefits, effective May 2025. 2 Costs shown in years two and three reflect the cumulative budget impact in each year as compared to the current budgeted amounts. 3 Includes Medicare, Compensated Absences, Retiree Health Savings, Defined Contribution Plan, Life Insurance, and EAP. 4 Percentage shown in each year is as compared to current base salary, not the prior year. s Measured based on the total of all pay and benefits. Percentage is as compared to current total compensation, not the prior year. 6 The costs shown reflect additional annual expenses in their corresponding fiscal years. Since the contract will take effect on May 3, 2025, the additional expense for FY 2024-25 is $422,413.
4-57

ATTACHMENT C
BUDGET AMENDMENT NO. 25-063
4-58

Department : Human Resources
Requester : Barbara Salvini
City of Newport Beach

BUDGET AMEN DMENT
2024-25
ONE TIME: □ Yes [2J No
□ CITY MANAGER'S APPROVAL ONLY
BA#: 25-063
Approvals
IJl~ Finance Director: --- Date 4/16/25 ~,,
II
□ COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:

To increase expenditure appropriations to fund the agreement with the Newport Beach Fire Association (NBFA) for the D from existing budget approp riations remainder of FY 2024-25 . D from addit ional estimat ed revenues 0 from unappropriated fu nd balance

REVENUES
Fund# Org Object Project Description Increase or (Decrease) S f:

Subtotal ! $

EXPENDITURES
Fund# Org Object Project Description Increase or (Decrease)$ 010 01040005 711001 FIRE ADMINISTRATION - SALARIES MISCELLANEOUS 500.56 010 01040005 722001 FIRE ADMINISTRATION - PENSION EE NORMAL COST MISC 42 .74 010 01040005 723002 FIRE ADMINISTRATION - PENSION ER NORMAL COST MISC 53.02 010 01040005 724001 FIRE ADMINISTRATION - PENSION EE CONTRIB MISC (65 .39) 010 01040005 727016 FIRE ADMINISTRATION - MEDICARE FRINGES 24.41 010 01040005 728003 FIRE ADMINISTRATION - COMPENSATED ABSENCES 25.85 010 01040005 721001 FIRE ADMINISTRATION - CAFETERIA ALLOWANCE FT 124 .31 010 01040005 727017 FIRE ADMINISTRATION - PARS DC 401A 2.19 010 01040401 711002 FIRE OPERATIONS - SALARIES SAFETY 108,221.94 010 01040401 712019 FIRE OPERATIONS - SAFETY CERTIFICATION PAY 1,990 .93 010 01040401 712012 FIRE OPERATIONS - HOLIDAY PAY SAFETY 31,616 .60 010 01040401 712009 FIRE OPERATIONS - SCHOLASTIC ACHIEVEMENT 2,659 .93 010 01040401 712007 FIRE OPERATIONS - LONGEVITY PAY SAFETY 60,525 .08 010 01040401 712001 FIRE OPERATIONS - SPECIAL ASSIGNMENT PAY 1,350.41 010 01040401 722002 FIRE OPERATIONS - PENSION EE NORMAL COST SAFETY 11,580 .17 010 01040401 723003 FIRE OPERATIONS - PENSION ER NORMAL COST SAFETY 25,293 .77 010 01040401 724002 FIRE OPERATIONS - PENSION EE CONTRIB SAFETY (15,951.18) 010 01040401 713004 FIRE OPERATIONS - OVERTIME VACATION RELIEF 44,848 .77 010 01040401 713002 FIRE OPERATIONS - OVERTIME SAFETY & 1/2 TIME 18,739 .34 010 01040401 727016 FIRE OPERATIONS - MEDICARE FRINGES 3,517 .62 010 01040401 728003 FIRE OPERATIONS - COMPENSATED ABSENCES 3,726 .38 010 01040401 721001 FIRE OPERATIONS - CAFETERIA ALLOWANCE FT 17,917 .68 010 01040401 727017 FIRE OPERATIONS - PARS DC 401A 315 .26 010 01040402 711001 FIRE PREVENTION - SALARIES MISCELLANEOUS 3,842 .73 010 01040402 722001 FIRE PREVENTION - PENSION EE NORMAL COST MISC 328 .08 010 01040402 723002 FIRE PREVENTION - PENSION ER NORMAL COST MISC 407 .01 010 01040402 724001 FIRE PREVENTION - PENSION EE CONTRIB MISC (501.99) 010 01040402 727016 FIRE PREVENTION - MEDICARE FRINGES 187 .35 010 01040402 728003 FIRE PREVENTION - COMPENSATED ABSENCES 198.47 010 01040402 721001 FIRE PREVENTION - CAFETERIA ALLOWANCE FT 954 .33 010 01040402 727017 FIRE PREVENTION - PARS DC 401A 16.79 4-59
010 01040403 711001 COMM ER RESPONSE TEAM (CERT) - SALARIES MISCELLANEC 500.56 010 01040403 722001 COMM ER RESPONSE TEAM (CERT) - PENSION EE NORMAL 0 42 .74 010 01040403 723002 COMM ER RESPONSE TEAM (CERT) - PENSION ER NORMAL C 53 .02 010 01040403 724001 COMM ER RESPONSE TEAM (CERT) - PENSION EE CONTRIB rv (65 .39) 010 01040403 727016 COMM ER RESPONSE TEAM (CERT) - MEDICARE FRINGES 24.41 010 01040403 728003 COMM ER RESPONSE TEAM (CERT) - COMPENSATED ABSENC 25 .85 010 01040403 721001 COMM ER RESPONSE TEAM (CERT) - CAFETERIA ALLOWANCE 124 .31 010 01040403 727017 COMM ER RESPONSE TEAM (CERT) - PARS DC 401A 2.19 010 01040404 711002 EMERGENCY MEDICAL SERVICES - SALARIES SAFETY 33,939 .80 010 01040404 712019 EMERGENCY MEDICAL SERVICES - SAFETY CERTIFICATION PA 624 .38 010 01040404 712012 EMERGENCY MEDICAL SERVICES - HOLIDAY PAY SAFETY 9,915 .38 010 01040404 712009 EMERGENCY MEDICAL SERVICES - SCHOLASTIC ACHIEVEMEN 834 .19 010 01040404 712007 EMERGENCY MEDICAL SERVICES - LONGEVITY PAY SAFETY 18,981.45 010 01040404 712001 EMERGENCY MEDICAL SERVICES - SPECIAL ASSIGNMENT PA) 423.51 010 01040404 722002 EMERGENCY MEDICAL SERVICES - PENSION EE NORMAL COS 3,631.69 010 01040404 723003 EMERGENCY MEDICAL SERVICES - PENSION ER NORMAL COS 7,932.45 010 01040404 724002 EMERGENCY MEDICAL SERVICES - PENSION EE CONTRIB SAFI (5,002.50) 010 01040404 713004 EMERGENCY MEDICAL SERVICES - OVERTIME VACATION RE Li 14,065 .15 010 01040404 713002 EMERGENCY MEDICAL SERVICES - OVERTIME SAFETY & 1/21 5,876 .90 010 01040404 727016 EMERGENCY MEDICAL SERVICES - MEDICARE FRINGES 1,103 .17 010 01040404 728003 EMERGENCY MEDICAL SERVICES - COMPENSATED ABSENCES 1,168 .64 010 01040404 721001 EMERGENCY MEDICAL SERVICES - CAFETERIA ALLOWANCE F 5,619 .22 010 01040404 727017 EMERGENCY MEDICAL SERVICES - PARS DC 401A 98 .87 Subtotal ! $ 422,413 .15

FUND BALANCE
Fund# Object Description Increase or (Decrease)$
010 300000 GENERAL FUND - FUND BALANCE CONTROL (422,413.15) Subtotal ! $ (422,413.15)
'-'------'----'----'-'
Fund Balance Change Required
4-60
= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung , City Manager - 949-644-3001 ,
[email protected]
PREPARED BY: Barbara J. Salvini, Human Resources Director - 949-644-3259 , bsalvini@newportbeachca .gov
TITLE: Resolution No. 2025-21 : Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule
ABSTRACT:

The Tentative Agreement (Agreement) regarding a Memorandum of Understanding (MOU) between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards (ANBOL or Association) was submitted at the City Council 's Regular Meeting on April 29, 2025, to provide the Council and the community an opportunity to consider the terms and costs of the Agreement.

The proposed MOU is now presented for the City Council's approval (or rejection) . This is the final step in the meet and confer process with ANBOL . Included in the recommendation for approval of the MOU is the associated salary schedule . The attached budget amendment appropriates the required funding to implement the costs associated with the agreement for the current fiscal year .

Page 2 ends

DISCUSSION:

The following discussion was provided, in part, with the April 29, 2025, staff report and is included here for reference:

The ANBOL is a recognized employee association and represents approximately 180 seasonal ocean lifeguards in the classifications of Lifeguard I, II and Ill. These lifeguards typically work the majority of their hours during the summer season which begins the first Saturday after the Newport-Mesa Unified School District concludes its regular school year and ends after the Labor Day holiday weekend . Reduced work hours are available during the remainder of the year based on weather conditions and department needs.

Salient provisions of the Tentative Agreement between the City and ANBOL include :
• A term of approximately three years, expiring June 30, 2028. • Wage adjustments to the hourly minimum rate for the ocean lifeguard I position are as follows :
■ Effective May 3, 2025 - $25.00
■ First full pay period following July 1, 2026 - $25.50 ■ First full pay period following July 1, 2027 - $26.00 o The hourly rates for the other steps and classifications (ocean lifeguards, I, II and Ill) will be increased by the amounts necessary to maintain the current salary differentials between the ocean lifeguard steps and classifications . • 5% Emergency Medical Technician (EMT) pay.
• Increase to the annual Equipment Allotment from $200.00 to $300.00. • Flex Leave language adjusted to allow employees the option of rolling over a maximum of 16 accrued flex leave hours each season in lieu of cashing them out.

The City Council reviewed the Tentative Agreement and proposed MOU with ANBOL at its April 29, 2025 meeting, after which the costing information and proposed revisions to the MOU were posted for public review on the City's website. A final version of the successor MOU is being presented (Attachment A) in accordance with Government Code §3505.1. It should be noted that additional, non-substantive changes were made to the MOU after the April 29, 2025, meeting . New language in the MOU is identified in italics.

The total cost of the contract is approximately $2.2 million, and depends in part on weather conditions and salary step placement of deployed staff. If the Council approves the MOU, City staff will work to implement the terms as soon as practicable . 5-2
Resolution No. 2025-21 : Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards and Associated Salary Schedule May 13, 2025

Page 3 ends

FISCAL IMPACT:

Fiscal Year Amount
2024/25 $ 127,948
2025/26 639,740
2026/27 698,290
2027/28 756,834
$2,222,812
A budget amendment is required to appropriate $127,947.97 from the General Fund unappropriated surplus fund balance to implement the terms for the remainder of Fiscal Year 2024-25 . Adequate funding will be included in the annual budget for subsequent years.

ENVIRONMENTAL REVIEW:

NOTICING:

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

ATTACHMENTS:

Attachment A - Resolution No. 2025-21, including Exhibit A, ANBOL MOU Attachment B - Costing
Attachment C - Budget Amendment No. 25-061
5-3

ATTACHMENT A
RESOLUTION NO. 2025-li

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, ADOPTING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF NEWPORT BEACH AND THE ASSOCIATION

OF NEWPORT BEACH OCEAN LIFEGUARDS AND

AMENDING THE SALARY SCHEDULE
WHEREAS , the City Council of the City of Newport Beach ("City Council") previously adopted Resolution No. 2001-50, the "Employer-Employee Relations Resolution," pursuant to authority contained in the Meyer_s-Milias-Brown Act, Government Code 3500, et seq.;
WHEREAS , the City of Newport Beach ("City") promotes effective communication and collaborative working relationships with its employee associations to foster improved relations while balancing good management practices;
WHEREAS , the City previously entered into a Memorandum of Understanding ("MOU") with the Association of Newport Beach Ocean Lifeguards ("ANBOL") a recognized organization, for the term of September 13, 2022 through June 30, 2025; WHEREAS , representatives from the City and ANBOL met and conferred in good faith and reached a tentative agreement on wages, benefits and other terms and conditions of employment, which are memorialized in the Memorandum of Understanding between the City and ANBOL ("Memorandum of Understanding") attached hereto as Attachment A and incorporated herein by this reference; WHEREAS , ANBOL has ratified the Memorandum of Understanding; WHEREAS , City of Newport Beach Charter Section 601 requires the City Council to provide the number, titles, qualifications, powers, duties and compensation of all officers and employees of the City;
WHEREAS , Newport Beach Municipal Code Section 2.28.010 (Establishment of Classification and Salary Ranges) provides, upon recommendation of the City Manager, the City Council may establish by resolution the salary range or rate for each position; WHEREAS , by adopting this resolution, the City Council intends to amend the salary schedule for ANBOL unit members so as to be in conformance with the Memorandum of Understanding;
5-4
5-5
Resolution No. 2025 -

Page 2 of 3 ends

WHEREAS, the City Manager has reviewed the changes to the salary schedule for ANBOL unit members provided in this resolution and recommends approval; WHEREAS, the City Council received and considered the MOU at its regular meeting on April 29, 2025; and
WHEREAS, by adopting this resolution, the City Council also desires to replace the 2022-2025 memorandum of understanding between the City and ANBOL by adopting the Memorandum of Understanding attached hereto as Attachment A to serve as the successor agreement between the City and ANBOL for the period May 1, 2025 through June 30, 2028.

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

Section 1: The City Council hereby approves, and authorizes the Mayor to execute the Memorandum of Understanding attached hereto as Attachment A. The wages, hours, fringe benefits, and other terms and conditions of employment for employees represented by ANBOL shall be provided in accordance with the provisions of the Memorandum of Understanding, which shall serve as the successor agreement between the City and ANBOL for the period May 1, 2025 through June 30, 2028.

Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Resolution No. 2025 -

Page 3 of 3 ends

Section 5: 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 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment , directly or indirectly.

Section 6: 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 13th day of May 2025.

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY ORNEY'S FFIC
A on . Harp
City Attorney
Attachment A - Memorandum of Understanding
Joe Stapleton
Mayor
5-6

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF NEWPORT BEACH
AND

THE ASSOCIATION OF NEWPORT

BEACH OCEAN LIFEGUARDS
May 1, 2025 through June 30, 2028
5-7
Table of Contents
PREAMBLE .............................................................................................................. 3 SECTION 1. GENERAL PROVISIONS .................................................................... 3 RECOGNITION ............................................................................................... ............... 3 DURATION OF M EMORANDUM ................ ............. .. ... .. ........ ............................................... 4 EMPLOYEE DATA AND ACCESS ..... ..... ........ .. ..... .. ............ .. ..... .... .. .. ........ .... .. .. .............. .... . 4 CONCLUSIVENESS ................................ .. ..................................................... ..... ............. 4 MODIFICATIONS ......... ......... .. ...... .......... ... ... .... ...... .. ....... ... ........ . .... ... ............................ 4 SAVINGS ... .. ....................................................... ... ........................... ... ....................... 4 SUBCONTRACTING ...... .......... ................. ............................... ........................................ 5 SECTION 2. COMPENSATION .............................................................................. 5 SALARY ADJUSTMENTS .................................. ...... .......................................................... 5 BILINGUAL PAY .............. ................................. .......... ................... ........ ........ ........ ........ 5 EMTPAY ........ ........ ............ .................... .............. ..................................................... 6 COMPENSATION FOR OVERTIME .......... ...... .... .. ............. ...... ......................................... ..... 6 ASSIGNMENT PAY FOR LIFEGUARD II AND ILL CLASSIFICATIONS ... ....................................... ....... 6 TEMPORARY UPGRADING OF EMPLOYEES ............ ........................................................ .... .... 7 SECTION 3. WORK HOURS AND STAFFING .................................................... 7 STAFFING .............. .. ... .. .. ....... ..... .. .................................. .. .......................................... 7 WORK HOURS STANDARDS .................................... ... ..................................................... 7 SECTION 4. FRINGE BENEFITS ........................................................................... 8 EQUIPMENT A LLOTMENT ... ... ........... .... ... .. ... .... .... . .............................................. ....... .. .. .. 8 SUNSCREEN .... .. ..... .. ............... ..... ..... ... ............. ... ........... ............................................ 8 SKIN CANCER SCREENING ............ ... ................................. ...... . ...... .... ............ ....... ......... .. 8 UNIFORMS AND ASSIGNED EQUIPMENT ........................ ....... .. .............................................. 8 PARKING PASSES .................................................... ..................................................... 8 IDENTIFICATION CARD ................... . ..... ... ....... ..... .................. .... .. ..... .. ............. ..... .... .... ... 9 OTHER BENEFITS NOT GUARANTEED .. .. .. ............... ... ....... ..... .. .................................... .. .... 9 RETIREMENT BENEFIT ............... .. .... .................................... ........... ................................ 9 DEA TH BENEFITS ............................................................ .. .......................................... 11 SECTION 5. LEAVE .............................................................................................. 11 FLEX LEAVE ...................................... .. ........... . ..... ....... .. ........ .. .......... ······· ··· · ···· ······ ·· · 11 FAMIL v AND MEDICAL LEAVE ............................................................ ..................... ........ 11 REPRODUCTIVE Loss LEAVE ........ ............. ........ .. .. ..... .. .... .. .......... . ................. ... ...... . ..... 12 RELEASE TIME ............ ... ... ......................................................................................... 12 SECTION 5. MISCELLANEOUS ........................................................................... 12 DISCIPLINARY ACTIONS ... ... .... ..... .... . .. ...... ... .... ........... . .. ... ........................... ... ...... ........ 12 ORIENTATION ................ ..... .... .......... ............ ...... .. ............. .. ............ ..... ........ ...... .... ... 12 WORK ACCESS .. .......... ......... ........... .. ............. ... ..................... .. ...... ... ....... ... .. .... ... ... .. 12 LEAVE OF ABSENCE ............................ ...... .. ........ .......... ...................... ... ..................... 13 SAFETY COMMITTEE .. . .. ... .. .. ....... .... ... ...... .......... ...... ..... ....... ...... .......... ... ........... ........ .. 13 LABOR MANAGEMENT COMMITTEE ............. ... ................. ...... ............... ............. ............... 13 5-8

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF NEWPORT BEACH
AND

THE ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS

Page 13 ends

This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered into with reference to the following :

PREAMBLE

1. The Association of Newport Beach Ocean Lifeguards ("ANBOL" or "Association") , a recognized employee organization , and the City of Newport Beach ("City") , a municipal corporation and charter city , have been meeting and conferring , in good faith , with respect to wages , hours , fringe benefits and other terms and conditions of employment.

2. This MOU represents the total and complete understanding and agreement between the parties regarding all matters within the scope of representation.

Except as limited herein , the City retains all management rights as set forth in the Meyers-Milias -Brown Act and Resolution 2001-50 .

SECTION 1. GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers Milias Brown Act of the State of California and the provisions of the Employer/Employee Relations Resolution No. 2001-50 , the City acknowledges that the Association is the majority representative for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for all employees in those classifications of Lifeguard I, 11, and Ill, or as appropriately modified in accordance with the Employer/Employee Relations Resolution. All other classifications and positions are excluded from representation by the Association .

Recognition is limited to employees who are considered "Active Employees" in a Lifeguard I, II, or Ill position. An "Active Employee " is defined as an employee who has worked in a Lifeguard I, II, or Ill position for the City of Newport Beach during the most recent summer season (or the summer season the year preceding the most recent season if they took an approved leave of absence and missed the most recent year) and have worked 240 cumulative hours in the classifications of Lifeguard I, II, or Ill by July 1 of the calendar year. An Active Employee is an individual who has completed the Fire Department's recertification class with the expectation of working the minimum hours required under Section 3, Work Hours and Staffing section. Employees who have not met this threshold will be considered inactive ANBOL MOU 2025-2028
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and will no longer be covered under this MOU unless reinstated after meeting the work hour requirement . All other employees are excluded .

With the approval of the 2017-2021 MOU , the parties agreed to eliminate the Lifeguard Ill position. Employees classified as Lifeguard Ill on or before June 30, 2017 will remain "grandfathered" in the classification . However , the parties agree that since that classification has been phased out , no additional employees may be assigned to a Lifeguard Ill position .

B. Duration of Memorandum

1. Except as specifically provided otherwise , any ordinance , resolution or action of the City Council necessary to implement this MOU shall be considered effective as of May 1, 2025 . This MOU shall remain in full force and effect until June 30, 2028, and the provisions of this MOU shall continue after the expiration date of this MOU in the event the parties are meeting and conferring on a successor MOU .

2. The terms and conditions of this MOU shall prevail over conflicting provisions of the Newport Beach City Charter , the ordinances , resolutions and policies of the City of Newport Beach , federal and state statutes , rules and regulations which either specifically provide that agreements such as this prevail , confer rights which may be waived by any collective bargaining agreement , or are , pursuant to decisional or statutory law , superseded by the provisions of an agreement similar to this MOU .

C. Employee Data and Access
Each July, the City shall provide the Association a regular list of all bargaining unit members including name, contact information (including e-mail) and job title. For those members who specifically ask that their personal information not be given out, email contact information only will be provided.

D. Conclusiveness
This MOU contains all of the covenants, stipulations , and provisions agreed upon by the parties.

E. Modificat ions
Any agreement , alteration , understanding, variation, or waiver or modification of any of the terms or provisions of this MOU shall not be binding upon the parties, unless contained in a written document executed by authorized representatives of the parties.

F. Savings
Should any part of this MOU be rendered or declared illegal or invalid by legislation, ANBOL MOU 2025-2028
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decree of court of competent jurisdiction or other established governmental administrative tribunal, such invalidation shall not affect the remaining portions of this MOU.

G. Subcontracting
As provided in the Employer-Employee Relations Resolution No. 2001-50 , the City shall determine the manner in which City services are to be provided , including whether the City should provide services directly or contract out work, including work that is currently being performed by Association members. In the event the City introduces a plan to outsource services currently being performed by Association members to achieve greater efficiency and/or cost savings, and upon request by the Association , the City shall meet and confer with Association representatives to discuss the impacts of the City's decision to contract out work, a minimum of sixty (60) days prior to contracting out such services. The City shall retain sole authority to decide whether or not to contract out work, including work that is currently being performed by Association members. This provision shall not limit the City's authority to enter into such an agreement for any City services.

SECTION 2. COMPENSATION
A. Salary Adjustments

1. Effective May 3, 2025, the city will increase the minimum hourly rate for Ocean Lifeguard I to $25. 001hr.

2. Effective the first full pay period after July 1, 2026, the city will increase the minimum hourly rate for Ocean Lifeguard I to $25. 501hr.

3. Effective the first full pay period after July 1, 2027, the city will increase the minimum hourly rate for Ocean Lifeguard I to $26. 001hr.

4. When the minimum hourly rates for Ocean Lifeguard I are increased as described above, the City will increase the hourly rates for all the other steps and classifications in the Ocean Lifeguard series (i.e., Ocean Lifeguard I, II, & Ill) to maintain intervals between steps and classes .

Salary ranges for all ANBOL -represented classifications are represented in Exhibit A.

B. Bilingual Pay
Employees certified as bilingual (Spanish) shall receive seventy-five cents ($0.75) per hour in bilingual pay. The certification process will confirm that employees are fluent at the street conversational level in speaking Spanish. Employees certified shall receive bilingual pay the first full pay period following certification.

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The Fire Chief may authorize additional languages for certification and compensation .

For employees who are CalPERS members , the parties agree that to the extent permitted by law , the Bilingual Pay in this section is Special Assignment Pay and shall be reported to CalPERS as such pursuant to Title 2 CCR , Section 571 (a)(4) and Section 571 .1 (b)(3) , Bilingual Premium .

C. EMT Pay
Effective May 3, 2025, employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMS policy shall be paid a premium equal to 5% of the employee 's base hourly pay for each hour worked in "EMT Pay." It is the employee's responsibility to have his/her current EMT Certification on file. Employees certified shall receive EMT Pay the first full pay period following receipt of certification by the City from the employee .

EMT - Recertification Reimbursement: The City will reimburse employees up to $200 for the cost of recertifying their EMT Certification . Employees will be reimbursed when they present their certification from the Orange County Emergency Medical Services .

Employees eligible to receive EMT Pay or EMT Recertification Reimbursement shall provide the City with a copy of the certificate . Employees are eligible for this pay or reimbursement on the first day of the pay period following provision of the certificate by the employee to the Human Resources Department.

For employees who are CalPERS members , the parties agree that to the extent permitted by law, the EMT Pay in this section is Educational Pay and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571 (a)(2) and Section 571 .1 (b)(2) Emergency Medical Technician Pay.

D. Compensation for Overtime
Overtime shall be paid at time .and one-half of the employee 's regular hourly rate of pay when employees actually work more than 40 hours in their defined FLSA workweek, which is a regularly recurring period of 168 hours - 7 consecutive 24-hour periods, or as otherwise required by applicable state and federal Jaw.

Definition of Hours Worked - Hours worked are defined as hours which employees are required to be performing their regular duties or other duties assigned by the City. Paid leave does not count as hours worked for purposes of calculating overtime .

E. Assignment Pay for Lifeguard II and Ill Classifications Employees in the classifications of Lifeguard II and Ill shall be eligible for 5.0% Assignment Pay for those worked when actually performing the assigned duties (minimum of one hour worked in the assignment to be eligible) of the assignments ANBOL MOU 2025-2028
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identified below. Determination of the number and length of assignments shall be at the discretion of the City.
• Junior Guard Group Leader
• Dispatcher
• Boat Operator
For employees who are CalPERS members , the parties agree that to the extent permitted by law, the Junior Guard Group Leader Pay in this section is Special Assignment Pay when employees are routinely and consistently assigned to lead or supervise other employees , subordinate classifications or agency-sponsored program participants and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571 .1 (b)(3) Lead Worker/Supervisor Premium.

F. Temporary Upgrading of Employees
A bargaining unit employee in the classification of Lifeguard I who (1) has completed their unit certification but (2) has not yet been interviewed for a Lifeguard II position , shall be paid their regular rate plus 5% when assigned to act in the capacity of a Lifeguard II position .

SECTION 3. WORK HOURS AND STAFFING
A. Staffing
Upon request, declared at the beginning of each season, represented employees shall be scheduled for at least thirty-five (35) hours per week during "A" level staffing, (from the first Saturday after Newport/Mesa School District ends its regular session through Labor Day).

Represented employees will, during all staffing levels, be paid two (2) hours of pay if their scheduled shift is canceled later than 4:00 p.m. the day before the work is scheduled. The shift is considered canceled when the City provides notice to the employee at the phone number designated by the employee. Once reporting to work , employees will be afforded the opportunity to either work their scheduled shift, or if work is not available (e.g., because of weather or surf conditions) , employees can choose to leave work without pay for remainder of their shift.

B. Work Hours Standards
The City and Association have agreed to establish minimum hours standards for members to retain active and reserve status. ANBOL members are required to work a minimum of 100 hours per year to maintain status for the following year.

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SECTION 4. FRINGE BENEFITS
A. Equipment Allotment
Active employees in the bargaining unit shall be paid Three Hundred ($300) Dollars, annually, towards the purchase of UVA/UVB compliant sunglasses , sweatpants , full brimmed or ball cap style hat, equipment carrying bag, waterproof watch and replacement and/or repair of any work-related equipment. This payment will be made by the first full pay period in July of each season they are working . Sunglasses must be full coverage, have polarized lenses, and be worn whenever conditions warrant.

B. Sunscreen
Represented employees will be provided sunscreen and lip balm on an as- needed basis.

C. Skin Cancer Screening
Annual skin cancer examinations shall be provided for bargaining unit employees at a facility selected by the City. Employees who are screened off duty will be paid one (1) hour of compensation .

D. Uniforms and Assigned Equipment
One pair of uniform trunks and two uniform shirts, each season.

One jacket per career , replaced when unserviceable.

One pair swim fins, one mask and snorkel per career, replaced by City if lost or broken in the execution of work duties .

Represented employees shall be provided a pair of binoculars in accordance with the Fire Department's Standard Operating Procedures. Binoculars must be kept in good working order by the employee and must be brought to work for each Lifeguard Operations shift, which will be confirmed by inspection by the Division Supervisors . If the provided binoculars are lost or damaged , the employee shall replace them with a pair meeting the City's specifications. Upon separation from the Fire Department , employee shall return the binoculars to their supervisor unless a purchasing agreement is made at time of separation.

E. Parking Passes
Represented employees who have recertified as Lifeguards will be provided one parking pass that does the following:
• Allows parking in the spaces marked with letter "A" and beach lots year around. • Allows all parking in spaces May 15 to September 30
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F. Identification Card
Upon request, represented employees who desire an Identification (ID) Card shall be provided with an official wallet-sized City of Newport Beach identification card.

G. Other Benefits Not Guaranteed
Employees in the bargaining unit may, in the sole discretion of the City, be provided additional benefits/privileges .

H. Retirement Benefit

1. Public Agency Retirement Services (PARS)
ANBOL Members are automatically enrolled in the PARS pension plan, unless the employee is an active member of the California Public Employees Retirement System (CalPERS) or meets the requirements for CalPERS membership . The City will match the employee contribution , which is 3.75% of base salary each pay period.

2. California Public Employees ' Retirement System (CalPERS) It is the employees ' responsibility to notify the Human Resources Department of outside employment. If the City is notified by CalPERS that an ANBOL member has become a CalPERS member through working at another CalPERS agency , said employee is responsible for reimbursing the City their portion of cost sharing as required by all members and outlined below, pursuant to Government Code §20516(f) . CalPERS will invoice their member for the employee rate only. For example , a PEPRA member may receive an invoice from PERS for 11 .5% of pensionable compensation ; however, the ANBOL member will still need to reimburse the City 2.1 % of pensionable compensation for a total of 13.6%. The City will remind employees of this obligation at the start of the season .

The following provisions apply only to bargaining unit members enrolled in CalPERS as Safety members, consistent with the City's contract with CalPERS :

Tier I: For employees hired by the City as safety members on or before November 23, 2012, the retirement formula shall be 3%@ 50 calculated on the basis of the highest consecutive 12 months.

Tier II: For employees first hired by the City as safety members between November 24, 2012 and December 31 , 2012, or hired on or after January 1, 2013 and who are not new members as defined in Government Code Section 7522.04(f), the retirement formula is 2% @ 50 calculated on the basis of the highest 36 month period selected by employee.

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Tier Ill: For employees first hired by the City as safety members on or after January 1, 2013, who are new members, as defined in Government Code Section 7522.04(f), the retirement formula shall be 2.7%@ 57 calculated on the basis of the highest consecutive 36-month period selected by employees.

Employee Contributions
Tier I & Tier II Safety Employees -ANBOL Tier I and Tier II safety employees will contribute the full statutory member contribution , equal to nine percent (9%) of pensionable compensation, plus an additional 4.6% of pensionable compensation toward retirement costs as permitted under Government Code section 20516(f), for a total contribution of 13.6%.

Temporary Reduction. Effective the pay period that includes January 1, 2023, Tier I and Tier II safety employees shall contribute a total employee contribution as follows: Nine percent (9%) member contributions , and an additional contribution of 3.1 % compensation earnable as cost sharing pursuant to Government Code section 20516(f), such that the total employee contribution equals no less than 12.1 % of compensation earnable or 50% of the total normal cost for PEPRA safety employees , whichever is greater, but in no event shall total employee contribution exceed 13.6%. This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2025. Accordingly , effective the pay period that includes January 1, 2026 , Tier I and Tier II safety employees shall contribute a total employee contribution of 13.6% as follows: 9% member contribution and 4.6% of compensation earnable as cost sharing per Government Code section 20516(f).

Tier Ill Safety Employees - In addition to the statutorily required 50% contribution of total normal costs ("member contribution rate"), Tier Ill safety employees shall contribute an additional amount of pensionable compensation toward retirement costs pursuant to Government Code section 20516(f) so that their contribution equals a total contribution of 13.6% of pensionable compensation .

Temporary Reduction. Effective the pay period that includes January 1, 2023, the minimum statutory employee contribution for safety employees in Tier Ill is subject to the provisions of PEP RA and equals 50% of the total normal cost. Tier Ill safety employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(f), such that the total employee contribution equals no less than 12.1 % of pensionable compensation or 50% of the total normal cost for PEPRA safety employees (i.e., the greater of 12.1 % or 50% of the "total normal cost"). This reduction in the employee contribution rate sunsets at the end of the last full pay period in December 2025. Accordingly, effective the pay period that includes January 1, 2026, the minimum statutory employee contribution for safety employees in Tier Ill is subject to the provisions of PEP RA and equals 50% of the ANBOL MOU 2025-2028
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total normal cost. Tier Ill safety employees shall make an additional contribution of pensionable compensation toward retirement pursuant to Government Code section 20516(f), such that the total employee contribution equals no less than

13.6% of pensionable compensation (i.e., the greater of 13.6% or 50% of the "total normal cost").

If in future fiscal years the member contribution rate for safety employees in Tier Ill shall become greater or less as determined by CalPERS valuations , the additional contribution made by the employee under Government Code section 20516(f) will be increased or decreased accordingly so that the total employee contribution equals 13.6% of pensionable compensation . Provided however, that the employee contribution shall never fall below the statutorily required contribution .

I. DEA TH BENEFITS
In the case of a work-related death, the City will pay the employee 's designated beneficiary $10,000 consistent with California Labor Code Section 4701.

SECTION 5. LEA VE
A. Flex Leave
Flex Leave is a paid time off benefit for unit members , that includes sick leave , but may be used for approved time off for reasons other than illness .

Flex Leave may be taken with reasonable advance notice to the supervisor . When possible, employees are expected to provide their supervisor with at least two weeks' notice (or more when possible) , apart from illness or other unforeseen emergencies.

Additionally , Flex Leave has cash value. Except as provided below , Unit members will be paid out at 100% of its value: 1) at the conclusion of each season (i.e. annually in September) , or 2) if appointed to a position which provides a more generous benefit (e.g., full-time employment or part-time appointment to a position covered by the City of Newport Beach Lifeguard Management Association) . ANBOL members accrue .034 hours for every hour worked , up to a maximum of 48 hours. Once an employee reaches 48 hours, Flex Leave stops accruing.

Prior to the conclusion of each season (the Labor Day weekend), employees who plan to return the following year may elect to carry over a maximum of 16 accrued flex leave hours in lieu of cashing out those hours. Such employees must submit their elections to payroll by September 1. In the absence of a signed authorization, all flex leave hours will be automatically cashed out.

B. Family And Medical Leave
The City recognizes the employees' rights under the California Family Rights Act ANBOL MOU 2025-2028
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(CFRA), the Family and Medical Leave Act (FMLA), and other applicable leave laws to take job-protected leave for qualifying medical reasons or to care for a family member.

Employees may request such leave in accordance with the City's policies and applicable state and federal Jaw, and the City will comply with all statutory requirements regarding family and medical leave.

C. Reproduct ive Loss Leave
Employees are entitled to five (5) unpaid days for each reproductive loss event. Multiple reproductive Joss events are covered, up to a maximum of twenty (20) days of reproductive loss leave within a twelve-month) period.

D. Release Time
ANBOL members are eligible for release time consistent with California Government Code § 3505. 3.

SECTION 5. MISCELLANEOUS
A. Disciplinary Actions
Represented employees are afforded the opportunity to seek internal resolution of any disciplinary actions having a financial impact on the employee , i.e., reduction in pay, demotion , suspension or dismissal , but not written reprimands , counseling memos or any other form of discipline which does not result in loss of money.

Represented employees may appeal any such actions to the Fire Chief, or his/her designee , within ten (10) calendar days of the disciplinary action. The Fire Chief or designee will meet with the employee and a representative of his/her choosing within ten (10) calendar days of the appeal. If the matter continues to be unresolved , the employee may, within ten (10) calendar days, appeal to the City Manager or the City Manager's designee . The City Manager or designee will meet with the employee and their representative . Within ten (10) calendar days, the City Manager or designee shall issue his/her decision . The decision of the City Manager or designee shall be final.

This is the only City appeal procedure for the term of this agreement.

B. Orientation
Association representatives will be allowed ten minutes at the end of training sessions to address newly hired trainees .

C. Work Access
ANBOL representatives shall have access to employees in the workplace through an ANBOL dedicated bulletin board in lifeguard headquarters . ANBOL representatives shall ANBOL MOU 2025-2028
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be allowed 10 minutes at the beginning of class to address employees at every Lifeguard Recertification course.

D. Leave of Absence
Employees requesting a Leave of Absence for a summer season must do so by submitting the request in writing, as provided in the Fire Department Standard Operating Procedure. Employees who do not satisfy the reserve lifeguard 100 hour requirement will be placed on leave of absence for the season. Leaves of absence will only be permitted once within a five year period.

E. Safety Committee
One ANBOL representative selected by the Association shall participate as a member of the Fire Department's Safety Committee, at the Association's option.

F. Labor Management Committee
The City and ANBOL will establish a committee consisting of representatives from the Fire Department and , if needed , from the City Manager 's Office or Human Resources to meet with the ANBOL President over issues of concern to the membership , including but not limited to, staffing. ANBOL will provide a list of specific issues to begin the process . If needed , meetings will occur quarterly .

Up to two (2) ANBOL representatives and/or members will be released from duty for pre-scheduled Labor Management Committee meetings.

Signatures on the following page.

ANBOL MOU 2025-2028
5-19
5-20
Executed this __________ day of _____________, 2025.

ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS
By: _______________________________________________
Dan Moody, President

CITY OF NEWPORT BEACH
By: _______________________________________________
Joe Stapleton, Mayor
For the Association :
ey{zaketh &Zver
[1,abffll sit-~ lO, 201S 17 St POT}
Elizabeth Silver
Chief Negotiator
Date: 30/04/2025
ANBOL MOU 2025-2028
For the City:

Jonathan V. Holtzman
Chief Negotiator
Date: 30/04/2025

Page 114 ends

Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 - June 30, 2028
Effective May 3, 2025 :

Salary Adjustment

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Lifeguard I P /T 05B 1 $ 25.00
Lifeguard I P/T 05B 2 $ 26.25
Lifeguard I P/T 05B 3 $ 27.59
Lifeguard I P/T 05B 4 $ 28.96
Lifeguard I P/T 05B 5 $ 30.41
Lifeguard II P/T 25 1 $ 30.41
Lifeguard II P/T 25 2 $ 31.93
Lifeguard II P/T 25 3 $ 33.52
Lifeguard II P/T 25 4 $ 35.19
Lifeguard II P/T 25 5 $ 36.96
Lifeguard Ill P/T 35 1 $ 30.41
Lifeguard Ill P/T 35 2 $ 31.93
Lifeguard Ill P/T 35 3 $ 33.52
Lifeguard Ill P/T 35 4 $ 35.19
Lifeguard Ill P/T 35 5 $ 36.96
The sa lary schedule fo r Lifeguard Ill mir rors Lifeguard II.

Hourl y rates are ro unded to th e nearest hundr edth . Monthl y and annual sa laries are ro unded to the nearest whol e dollar.

Actu al rates may vary slightl y due to roundin g.
$ 4,333 $ 52,000
$ 4,550 $ 54,600
$ 4,782 $ 57,379
$ 5,020 $ 60,237
$ 5,271 $ 63,248
$ 5,271 $ 63,248
$ 5,534 $ 66,411
$ 5,811 $ 69,731
$ 6,100 $ 73,204
$ 6,407 $ 76,879
$ 5,271 $ 63,248
$ 5,534 $ 66,411
$ 5,811 $ 69,731
$ 6,100 $ 73,204
$ 6,407 $ 76,879
5-21
Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 - June 30, 2028
Effective July 11, 2026:

Salary Adjustment

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Lifeguard I P /T 05B 1 $ 25.50
Lifeguard I P/T 05B 2 $ 26.78
Lifeguard I P/T 05B 3 $ 28.14
Lifeguard I P/T 05B 4 $ 29.54
Lifeguard I P/T 05B 5 $ 31.02
Lifeguard II P/T 25 1 $ 31.02
Lifeguard II P/T 25 2 $ 32.57
Lifeguard II P/T 25 3 $ 34.20
Lifeguard II P/T 25 4 $ 35.90
Lifeguard II P/T 25 5 $ 37.70
Lifeguard Ill P/T 35 1 $ 31.02
Lifeguard Ill P/T 35 2 $ 32.57
Lifeguard Ill P/T 35 3 $ 34.20
Lifeguard Ill P/T 35 4 $ 35.90
Lifeguard Ill P/T 35 5 $ 37.70
The sa lary schedule fo r Lifeguard Ill mir rors Lifeguard II.

Hourl y rates are ro unded to th e nearest hundr edth . Monthl y and annual sa laries are ro unded to the nearest whol e dollar.

Actu al rates may vary slightl y due to roundin g.
$ 4,420 $ 53,040
$ 4,641 $ 55,692
$ 4,877 $ 58,527
$ 5,120 $ 61,441
$ 5,376 $ 64,514
$ 5,376 $ 64,514
$ 5,645 $ 67,739
$ 5,927 $ 71,126
$ 6,222 $ 74,668
$ 6,535 $ 78,417
$ 5,376 $ 64,514
$ 5,645 $ 67,739
$ 5,927 $ 71,126
$ 6,222 $ 74,668
$ 6,535 $ 78,417
5-22
Exhibit A
Association of Newport Beach Ocean Lifeguards
MOU Term: May 1, 2025 - June 30, 2028
Effective July 10, 2027:

Salary Adjustment

REPRESENTED POSITIONS GRADE STEP HOURLY MONTHLY ANNUAL

RA TE RATE SALARY
Lifeguard I P /T 05B 1 $ 26.00
Lifeguard I P/T 05B 2 $ 27.30
Lifeguard I P/T 05B 3 $ 28.69
Lifeguard I P/T 05B 4 $ 30.12
Lifeguard I P/T 05B 5 $ 31.62
Lifeguard II P/T 25 1 $ 31.62
Lifeguard II P/T 25 2 $ 33.21
Lifeguard II P/T 25 3 $ 34.87
Lifeguard II P/T 25 4 $ 36.60
Lifeguard II P/T 25 5 $ 38.44
Lifeguard Ill P/T 35 1 $ 31.62
Lifeguard Ill P/T 35 2 $ 33.21
Lifeguard Ill P/T 35 3 $ 34.87
Lifeguard Ill P/T 35 4 $ 36.60
Lifeguard Ill P/T 35 5 $ 38.44
The sa lary schedule fo r Lifeguard Ill mir rors Lifeguard II.

Hourl y rates are ro unded to th e nearest hundr edth . Monthl y and annual sa laries are ro unded to the nearest whole doll ar.

Actu al rates may vary slightl y due to roundin g.
$ 4,507 $ 54,080
$ 4,732 $ 56,784
$ 4,973 $ 59,674
$ 5,220 $ 62,646
$ 5,482 $ 65,778
$ 5,482 $ 65,778
$ 5,756 $ 69,067
$ 6,043 $ 72,521
$ 6,344 $ 76,132
$ 6,663 $ 79,954
$ 5,482 $ 65,778
$ 5,756 $ 69,067
$ 6,043 $ 72,521
$ 6,344 $ 76,132
$ 6,663 $ 79,954
5-23

ATTACHMENT B

COSTING
5-24
City of Newport Beach

ANBOLMOU
Current FY 2025/26 FY 2026/27 FY 2027 /28
Key Contract Terms
Adjustments to Minimum Step
Equipment Allotment
Death Related Benefits
EMT Pay
Summary of Proposal Cost
1 Baseline Compensation
Base Pay
Supplemental Pays
Overtime
Pension Contribution
Other City Paid Benefits
2 SubTotal
Other Proposals
Equipment Allotment
EMT Pay
SubTotal
Total
Cumulative Impact on Employee Compensation
Base Salary Increase
3 Total Compensation Increase
4 Notes
$
$20.22/hour
$200/year
N/A
$1/hour
$2,097,377
11,541
226,943
112,419
34,838
$2,483,118
34,900
17,264
52,164
2,535,282 $
7 /1/25 Minimum step - $25/hour
7 /1/26 Minimum step - $25 .50/hour
7 /1/27 Minimum step - $26/hour
$300/year
$468,363
1,908
50,678
25,104
8,785
$554,839
52,350
32,551
84,901
639,740

22.33%

25.23%
$10,000 Death Benefit
5% of Base Salary
$
$517,364
2,108
55,980
27,731
9,584
$612,767
52,350
33,173
85,523
698,290

24.67%

27.54%
$
$566,360
2,307
61,282
30,357
10,383
$670,689
52,350
33,795
86,145
756,834

27.00%

29.85%
1 Costs shown in years two and three reflect the cumulative budget impact in each year as compared to the current budgeted amounts. 2 Includes Medicare and Cancer Screening.
3 Percentage shown in each year is as compared to current base salary, not the prior year. 4 Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation. 5 The costs shown reflect additional annual expenses in their corresponding fiscal years. Since the contract will take effect on May 3, 2025, the additional expense for FY 2024-25 is $127,948.
5-25

ATTACHMENT C
BUDGET AMENDMENT NO. 25-061
5-26
Department: Human Resources
Requestor: Barbara Salvini
City of Newport Beach

BUDGET AMENDMENT
2024-25
ONE TIME: 0 Yes 0 No
BA#: 25-061
Approvals
□ CITY MANAGER'S APPROVAL ONLY
(JI.~ - -- 4/16/25 Fina nee Director: " ~,, Date
" 0 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:

To increase expenditure appropriations to fund the agreement with The Association of Newport Beach Ocean Lifeguards D from existing budget appropr iation s (ANBOL) for the remainder of FY 2024-25. D from additional esti mated revenues 0 from unapprop riated fund balance

REVENUES
Fund# Org Object Project Description Increase or (Decrease) S I
I
Subtotal ! S

EXPENDITURES
Fund# Org Object Project Description Increase or (Decrease) S 010 01040406 711003 LIFEGUARD OPERATIONS - SALARIES PART TIME 80,558.47 010 01040405 711003 JUNIOR LIFEGUARDS - SALARIES PART TIME 13,114.17 010 01040406 712005 LIFEGUARD OPERATIONS- EMT PAY 5,598.82 010 01040405 712005 JUNIOR LIFEGUARDS- EMT PAY 911.44
010 01040406 727009 LIFEGUARD OPERATIONS - ANBOL EQUIP ALLOWANCE 9,004.20 010 01040405 727009 JUNIOR LIFEGUARDS - ANBOL EQUIP ALLOWANCE 1,465.80 010 01040406 712001 LIFEGUARD OPERATIONS- SPECIAL ASSIGNMENT PAY 328.16 010 01040405 712001 JUNIOR LIFEGUARDS- SPECIAL ASSIGNMENT PAY 53.42 010 01040406 723004 LIFEGUARD OPERATIONS - RETIREMENT PART TIME/TEMP 2,030.00 010 01040405 723004 JUNIOR LIFEGUARDS - RETIREMENT PART TIME/TEMP 330.47 010 01040406 722002 LIFEGUARD OPERATIONS - PENSION EE NORMAL COST SAFEl 958.81 010 01040405 722002 JUNIOR LIFEGUARDS - PENSION EE NORMAL COST SAFETY 156.08 010 01040406 723003 LIFEGUARD OPERATIONS - PENSION ER NORMAL COST SAFEl 2,593.89 010 01040405 723003 JUNIOR LIFEGUARDS - PENSION ER NORMAL COST SAFETY 422.26 010 01040406 724002 LIFEGUARD OPERATIONS - PENSION EE CONTRIB SAFETY (1,264.77) 010 01040405 724002 JUNIOR LIFEGUARDS - PENSION EE CONTRIB SAFETY (205.89) 010 01040406 727016 LIFEGUARD OPERATIONS - MEDICARE FRINGES 1,510.99 010 01040405 727016 JUNIOR LIFEGUARDS - MEDICARE FRINGES 245.98 010 01040406 713001 LIFEGUARD OPERATIONS - OVERTIME MISC & 1/2 TIME 8,716.68 010 01040405 713001 JUNIOR LIFEGUARDS - OVERTIME MISC & 1/2 TIME 1,418.99 Subtotal s 127,947.97

FUND BALANCE
Fund# Object Descripti o n Increase or (Decrease) S
010 300000 GENERAL FUND - FUND BALANCE CONTROL {127,947.97) I t
Subtota I ,_$'--- ___ (,_1_27--'-,9_4_7_.9_7 .... )
Fund Balance Change Required
5-26
= CITY OF============

NEWPORT BEACH
City Council Staff Report
May 13, 2025
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Sean Levin, Recreation and Senior Services Director - 949-644- 3151, [email protected]
PREPARED BY: Racquel Valdez, Recreation Manager - 949-270-8156, rvaldez@newportbeachca .gov
TITLE: Resolution No. 2025-22: Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways 2025 Grant for the Marina Park Boating Program
ABSTRACT:

The Recreation and Senior Services Department applied for a State of California Division of Boating and Waterways (State DBW) grant to fund the purchase of replacement items, refurbish equipment, and provide scholarships for the Marina Park Boating Program.

These funds are made available for boating safety education efforts through the Aquatic Grants Program in support of organizations that offer "on the water" education to the public. The State DBW has approved the City of Newport Beach's grant application in the amount of $46,000, which requires City Council authorization and acceptance of the grant terms and conditions .

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2025-22, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement CB969330 Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for Replacement Equipment, Refurbishment Items, Safety Equipment and Scholarships for the Marina Park Boating Program ;
c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the cost for the adaptive sailing equipment and replacement items for the Marina Park Boating Program; and d) Approve Budget Amendment No. 25-064 to record and appropriate $46,000 in grant revenue from the State of California Division of Boating and Waterways to Marina Park - Marina Park Sailing account 0107023-561086-G2502 and in expenditure appropriations to Marina Park- Equipment NOC account 0107023-911024-G2502. 6-1
Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways 2025 Grant for the Marina Park Boating Program May 13, 2025

Page 2 ends

DISCUSSION:

The City has operated the Marina Park Boating Program since 2015, providing a wide variety of sailing classes, private lessons, and equipment rentals to the community.

Orange Coast College (OCC), the program's contractor, provides instruction for all City sailing classes and camps and uses the City's fleet to conduct programs at Marina Park.

This past year, the City and OCC developed an adaptive sailing program to promote accessibility on the water for individuals with disabilities .

The City's sailboat fleet is diversified from one-person dinghies that appeal to youth, to bigger keelboats more appropriate for adults. In addition to sailboat rentals, the City also offers stand-up paddle board and kayak rentals. The entire Marina Park Boating Program provides boating safety education to the public and relies on the City's fleet of sailboats and paddle equipment to operate. Maintenance, improvements and replacement of equipment is crucial to maximizing the growth and longevity of the program and ensuring the safety of all participants .

In this year's grant, the California Division of Boating and Waterways approved multiple replacement, refurbishment and safety items, as well as scholarships to support the City's adaptive sailing program and ACE After School Sailing. The replacement /refurbishment items include new "running" and "standing" rigging for the RS Ventures and RS Quests, new sails for the RS Ventures, as well as new "can docks" to replace some of the modular docking cubes. The State DBW will also replace the City's stand-up paddles and has agreed to fund the protective bottom paint for four J22's and two RS Ventures . The safety items include general lifejackets and specialized adaptive lifejackets, as well as new "toe rail" which is used on the J22's to prevent sailors from slipping off the boat.

Pending the City Council's approval of the grant, the State is prepared to execute the agreement so that all sailing equipment and replacement items may be ordered and purchased . As stated in the grant agreement, the State will reimburse the City $46,000 for the cost of these items once the grant is executed and the items are purchased .

FISCAL IMPACT:

The budget amendment appropriates $46,000 in additional grant reimbursement revenue from the State DBW and $46,000 in increased expenditure appropriations . The revenue will be posted to the Marina Park Community Center account in the Recreation and Senior Services Department, 0107023-561086-G2502, and expenditure appropriations increased in Marina Park Community Center - Equipment NOC account in the Recreation and Senior Services Department, 0107023-911024-G2502 .

ENVIRONMENTAL REVIEW:

Page 3 ends

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 - Resolution No. 2025-22 & Grant Agreement C8969330 Attachment B - Budget Amendment No 25-064
6-3

ATTACHMENT A
RESOLUTION NO. 2025- 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF GRANT AGREEMENT C8969330

BETWEEN THE STATE OF CALIFORNIA DEPARTMENT

OF PARKS AND RECREATION, DIVISION OF BOATING

AND WATERWAYS AND THE CITY OF NEWPORT

BEACH FOR REIMBURSEMENT OF THE COST FOR

REPLACEMENT EQUIPMENT, REFURBISHMENT

ITEMS, SAFETY EQUIPMENT AND SCHOLARSHIPS

FOR THE MARINA PARK BOATING PROGRAM
WHEREAS, the City of Newport Beach ("City") Recreation and Senior Services Department operates and maintains the boating program at Marina Park; WHEREAS, the State of California, Department of Parks and Recreation, Division of Boating and Waterways ("State") is authorized to provide grants to cities, counties , districts and other public agencies that offer on-the-water training to the general public that enhance boaters' knowled.g,e of boating laws, practical handling of vessels on the water, weather and water conditions , rules of the road, equipment requirements and environmental stewardship;
WHEREAS, the State grants provide reimbursement funding for the purchase of equipment , scholarship, and/or instructor training for use in boating safety instructional programs;
WHEREAS, the City has submitted a grant application to the State for funds to reimburse the City's cost for replacement items, adaptive sailing equipment , scholarships for the Marina Park Boating Program, and instructor training; WHEREAS, the State has approved the City's application and provided Grant Agreement Number C8969330 in the amount of $46,000 to the City for authorization and execution ("Grant Agreement") ;
WHEREAS, for all grants of $30,000 or more, City Council Policy F-3 and F-25 generally require that, prior to the acceptance of a grant, the City Council approve the terms and conditions of the grant, approve budget appropriations for grant expenditures unless previously appropriated through the budget adoption process, and authorize entry in the agreement; and
6-4
Resolution No. 2025-

Page 2 of 3 ends

WHEREAS , the City will maintain and operate the equipment as required by the Grant Agreement.

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

Section 1: The City Council does hereby accept Grant Agreement Number C8969330, attached hereto and incorporated herein as Exhibit "1 '', for the reimbursement of the costs for replacement equipment, refurbishment items, safety equipment and scholarships for the Marina Park Boating Program.

Section 2: The City Manager is authorized to enter into, execute, and deliver on behalf of the City, the Grant Agreement for the amount of $46,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the grant, the City's obligation related thereto, and all amendments thereto, which shall be approved as to form by the City Attorney.

Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 4: 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 5: 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 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
6-5
Resolution No. 2025-

Page 3 of 3 ends

Section 6: 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 13th day of May, 2025,
ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
:1:~si=--
City Attorney
Attachment: Exhibit 1 - Grant Agreement
Joe Stapleton
Mayor
6-6
Exhibit 1
6-7
State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Dj,VISION OF BOATING AND WATERWAYS
GRANT AGRE~MENT
GRANTEE: City of Newport Beach
GRANT TITLE: Aquatic Center Gran! FY 2024-25
GRANT AMOUNT: $46,000.00
GRANT NUMBER: C8969330
GRANT' TERM: April 12, 2025 or the date signed by lhe Department (whichever comes later) through May 31, 2040.

GRANT PERFORMANCE PERIOD: April 12, 2025 or the date signed by the Department (whicliever comes later) through May 31, 2026.

The Grantee agrees to the terms and cond1tions of this grant agreement , hereinafter referred to as ~reement, and the State of California, actrng through fts Director of the Department of Parks and Recreation and pursuant to lhe State of California a-9rees to fund the tota'I Slate grant amount Indicated below. The GRANTEE agrees to complete lhe SCOPE OF WORK as defined in Exhibit A • SCOPE OF WORK .

The following are attached and made a part of and incorporaled into lhis grant agreement: Exhibit A - Application and Scope of Work / Budget page; Exhibit B - Aquatic Genier Grant Special Terms and Conditions ; Exhibit C - Aquatic Center Grant General Terms and Conditions; Exhibit D - Aquatic Center Grant Contractor Certification Clauses ; Exhibit E - Darfur Contracting Act.

The grant award is funded by the Sport Fish Restoration and Boating Trusl Fund, administered by California Department of Parks and Recreation , Division of Boaling and Waterways . The Federal FY 24 award , 70Z02324MO0002706 to California; $4,920,223.00 .

Grantee:

Address:

Authorized Signature:

Pnnted Name and Title of
Authorized Representatlve:

Date:

Agency:

ATTN:

Address:

Authorized Signature:

Printed Name and Tille:

Dale·
Ciiy of Newport Beach
100 Civlc Center Drive, Newport Beach, CA 92627
Department of Parks and Recreation
Division of Boating and Waterways
Amy Rigby
4940 Lang Ave., Dock H
Administration, Floor 12
McClellan, CA 95652
Keren Dill, Staff Services Manager II
Contract# C8969330, City of Newpor1 Beach, Aquatic Center Gran! FY 2024-25, Dela: 04/09/2025 Page: 1 of 117 6-8
GRANTEE:

GRANT TITLE:

GRANT AMOUNT:

P.0 NUMBER :

GRANT NUMBER:

GRANT TERM:

CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
City of Newport Beach
Aquatic Center Grant FY 2024-25
$46,000.00
C8969330
April 12, 2025 through May 31 , 2040
GRANT PERFORMANCE PERIOD: April 12, 2025 throug h May 31 , 2026.

AGREEMENT NO AMENDMENT NO AMOUNT PRIOR AMOUNT TOTAL AMOUNT C8969330 ENCUMBERED BY ENCUMBERED BY ENCUMBERED TO

THIS DOCUMENT THIS DOCUMENT DATE
$46,000.00 $0.00 $46,000.00
FISCAL SUPPLIER ID NO. FEIN NUMBER UEI NUMBER DGS BILLING CODE 0000011771 95-6000751 053706

CATEGORY SHIP TO FUND TITLE
93151505 37900000208 Federal Trust Fund
GL UNIT APPROP .REF FUND ENY ACCOUNT NO.
3790 101 0890 2024 5432000
PROGRAM PC BUS. UNJT PROJECT NO, ACTIVITY
2855015 3790 379065600200

REPORTING STRUCTURE CHAPTER FISCAL YEAR OTHER
37900706 22 2024/25
Contract# C8969330 , City of Newporl Beach , AquaUc Genier Grant FY 2024-25 , Dale: 04109/2025 Page: 2 of 117 6-9
General

1. Applicant Information
a. Applicant Name
b. Organizational Unit
C. Address
d. Address 2
e. City
f. Federal ID Number
g. Agency Type
r- City
Exhibit A
City of Newport Beach
100 Civic Center Drive
Newport Beach
95-6000751
r Nonprofit Organization - 501 (c)(3) status only
r Other Public Agency
r CSU System
r Private College
State CA Zip 92627
Unique Entity Id.
r County
r District
r Community College
r UC System
Applicants serving less than 1,200 unique students between October 1, 2023-September 30, 2024 may apply for up to $42,000 as follows:
• The maximum grant award is $40,000 per grantee for a combination of equipment, scholarship, and instructor training requests.
• Instructor training requests have a cap of $5,000.
• An additional $2,000 in supplemental funding, is available for Safe Boating Events.

Applicants serving 1,200 or more unique students from October 1, 2023-September 30, 2024 may apply for up to $62,000 as follows:
• The maximum grant award is $60,000 per grantee for a combination of equipment, scholarship, and instructor training requests.
• Equipment and Scholarships both have a cap of $40,000 each. • Instructor training requests have a cap of $5,000.
• An additional $2,000 in supplemental funding, is available for Safe Boating Events.

2. Project Information
a. Project Name Aquatic Center Grant FY 2024-25
b. Is implementing agency same as Applicant (.' Yes r No c. Implementing Agency Name
d. Project Start Date Apr-12-2025
$46,000.00
End Date May-31-2026
e. Amount of Funds Requested Project Cost $46,000.00
Contract# C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 3 of 117 6-10

3. Contacts
a. Program Director
Name
Title
Mailing Address
City
Telephone
E-mail Address
Exhibit A
Gale Pinckney
Recreation Supervisor
1600 West Balboa Boulevard
Newport Beach State
(949) 270-8160
gpinckney@newportbeach .ca.gov
Contract# C8969330 , City of Newp ort Beach, AquaLic Center Grant FY 2024-25 . Date: 04/09/2025 CA Zip
Fax
92663
Page: 4 of 117
6-11
Additional Information

4. Applicant Additional Information
a. Organization's officia'I name to appear on the
Grant Agreement (if different from Applicant
Name)
Exhibit A
City of Newport Beach
b. Payment Address (if different from Applicant Address ) Is the payment address same as the Applicant address? (If NO, enter the payment (." Yes r No address below)
Payment Address:
payment Address L2
City: State: Zip:
c. Aquatic Center Address (if different from Applicant Address ) Is the aquatic center address same as the Applicant address? (If NO, enter the aquatic center address below)
Aquatic Center
Address:

Aquatic Center
Address L2:

City:
1600 W. Balboa Blvd.

Newport Beach State: California
r Yes r- No
Zip: 92663
d. Download the Appendix A - Authorized representative Statement form. Complete and have it signed by the organization authorized representative and upload the completed form.
42919 0 696 EXHIBI T
A - Aulhonzed
Representative
Statement.pot

5. Proposal Information
a. Type of Proposal (select one or more)
P Equipment P- Scholarship
r Instructor Training r Boating Safety Events

6. Aquat ic Center Activity
Type(s) of Boating offered by Applicant (Check all that apply) List all types of boating regardless of whether you are requesting funding for that activity or not.

Paddle/Oar
r Canoeing
P" Stand Up Paddleboard
Wind
P- Sailing
Power
r Power boating
Other
r Other

7. Geographic Political District
P- Kayaking
rRowi ng
r Windsurfing
r Towed Sports
Contract I/.C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04/09/2025 r Rafting
r Kiteboardlng
r Personal Watercraft
Page: 5 or 117
6-12
Exhibit A
7a. Waterbody(s)
Specific Bodies of Water You Operate On Newport Harbor and ocean off Newport Beach Type of Waterbody(s) Utilized in Prog(amm1ng (check all that apply) North
r Coastal Ocean
South
P' Coastal Ocean
7b. Counties
r Coastal Bay r Lake
r;; Coastal Bay r Lake
r River
r River
Select one or more of the California counties where the proposed boati ng safety education activities will occur .

P- Orange
7c. State Assembly Districts
Select one or more of the California Stale Assemb ly districts where the proposed boating safe(y education activities will occur . Copy and paste the URL (http ://www.legislature.ca .gov/legis lators _and_districts/d istricls/districts .html) in your browser lo determine the State Assembly district(s) ,
"1 State Assembly 7 4
7d. State Senate Districts
Select one or more of the Californ ia State Senate districts where the proposed boating safety educatio n activities will occur . Copy and paste the URL
(http://www.legislature .ca.gov/ legislators _ and_districts /districts/districls.html) in your browser to determine the State Senate distr ict(s).
r;; State Senate 37
7e. Congress ional Districts
Select one or more of the California Congressiona l districts where the proposed boating safety educat ion activities will occur . Copy and paste the URL (https ://www .govtrack.us/congress/members/CA) in your browser to determine the Congressional distr ict(s).
r;; Congressional District 48
Contract # C8969330. City of NeWpOrt Beach, Aquatic Center Gran! FY 2024-25, Dale: 04/09/2025 Page: 6 of 117 6-13
Exhibit A
Exhibit A • Section I
The Division of Boating & Waterways (DBW) receives funding from the Federal Sport Fish Restoration and Boating Trust Fund to Increase boating safety education efforts. One way in which DBW enhances education is through the Aquatic Center Grant Program.

The mission or the Aquatio Center Grant Program is to promote boating safety by providing grant funding to organizations that offer on-the-water training to members or the general public to enhance boaters' knowledge of boating laws, practical handling of vessels on the water, weather and water conditions, rules of the road and equipment requirements .

Programs that most closely meet the purpose and objectives of this mission statement will be given higher priority for funding.

Section 1 allows DBW to determine if the applicant meets the minimum qualifications for funding ellgibllily . No pornts are associated with this section.

1.. My agency is a local public agency, nonprofit organlzatfon, college or university that ,:- Yes r No qualifies for aquatic grant funding as specified in Section 668.2 of the Harbors and Navigation Code. (See section 658.2 in the 'Show Documents' area).

2. The boating safety courses offered by my agency consist of on-the-water training. r. Yes r No List the locations of the on-the- Newport Harbor, Newport Beach; ocean off Newport Beach water training

3. As a subcontractor for this federal grant award, your agency must be registered in the Federal System of Award Management (https://www.sam.gov/SAM/pages/publi c/searchRecords/search.jsf) Your agency's registration must be current In thal system at the time you submit your application.

Attach a screenshot showing your registration is active. (A sample screenshot is available in the 'Show Documents' area)
43006 0 999 SAM
2024 .Jpg

4. I have read all attached grant agreement provisions (Exhibits B, C, D, and E or AB 20 - see exhibits in 'Show Documents') and the insurance requirements that will apply to the grant should I receive funding.

5. A. My organization is able to comply with all of these terms and conditions .
r. Yes r No
B. I have provided a copy of my organization's non-discrrminalion policy. • Yes r No c.

D.
(Please upload a copy of your organizatfon's non-discrimination policy) The insurance requirements are attached In Exhibit B located in the Show Documents area of this OLGA application . I have read these requirements and affirm that my organization has all of the required insurance for the programs, people, and equipment identified in this proposal.

I understand that in order to be reimbursed for scholarship funding, I will forward a course roster that includes the name and date of the course, and names of participants and participant signatures affirming that they attended the course . A Group Leader may sign a roster affirming that lhe members of the group attended.
38893 0 540 City
Non-D 1scnminatory
Pohcy.pdf
(o' Yes r No
(o' Yes r No
By submitting this application, I acknowledge that if any active grant between my agency and the Department of Parks and Recreation is out of compliance, that my agency may be ineligible for funding. 6 a. I understand that all funds are distributed through reimbursement only. r. Yes r No Co"lracl # 08969330 , Clly of Newport Beach, Aquatic Ce"ler Grant FY 2024-25, Date: 04/09/2025 Page: 7 of 117 6-14
Exhibit A
6 b. Do you have a contingency fund that would allow you to cover unforeseen expenses, cash flow shortfalls, or unexpected delays in reimbursement? r. Yes r No
6 c. lf yes, how many months of operational funding do you keep in the contlngency 48 rund?

7. The grant requires annual attendance by \he grantee at a two-day meeting to share r- Yes r No ideas wilh olher aquatic center directors and get grant updates From DBW staff.

Training funds may be used to offset meeting/travel/lodging costs for one person approved by DBW staff. My organization shall comply with this attendance .

8. If awarded funding, my organization shall assist DBW with its boating safety media campaign by doing the following within six weeks of receiving DBW-supplied materials :

A. Request and display DBW safety message banner(s) or poster(s) at the aquatic center or where classes are held.

B. Request and distribute DBW safety literature at aqua{ic center events .

C. Request and display DBW logo, safety messages and DBW link on aquatic center website.

9. If you are an applfcant with non-profil slatus, attach a screens hot dated within 30 days of your OLGA submission date showing that you are currently in good standing with the California Attorney General's Office. (http://rct.doj.ca.govNerification/Web/Search .aspx?facility=Y). (A sample screenshot is available in the 'Show Documents' area). This requirement does not apply to colleges or universities , government entities, or associated student organizations attached Lo a university .
r- Yes
. Yes
r. Yes
10, Is your organization or parent organization currently involve d in any of lhe followlng :

A loan that is 1n default
Bankruptcy proceedings
Grand jury investigation
r Yes r- No
r Yes r. No
Yes 19 No
If you answered "Yes to any of the following, please describe Lhe situation :
r No
r No
r No

11. Provide Information regarding any indirect costs that are related to this grant application . NOTE: All indirect costs must be listed on the Cost Estimate Worksheet of this grant.

A. Does your organization have a negotiated indirect cost rate with the federal government?
r Yes • No
(Agencies without a negotiated rate are subject lo the de minimis of 15% of direct costs.) B. Does your organization plan to utiliz.e indirect costs in this grant? r Yes r. No c. If you plan to claim indirect costs as part or your grant request, you must allach your NegoUaied Indirect Cost Rate Agreement below and you must list the costs on the Cost Estimate Worksheet.

Otherwise, indirect costs will not be reimbursable should the grant be approved.

I Document Name
Exhibit A - Section I - Safety Standards

12. The grant-funded courses included in this funding request are led by qualified instructors that are trained in a manner adequate for the circumstances in which they will be teaching .

Contraet # C8969330 , City of Newport Beach , Aquall c Center Grant FY 2024-25, Date: 04/09/2025 Attachment
r. Yes r No
Page: 8 of 117
6-15
ExhibH A

13. Instructors involved in grant funded programming are quall~ed as follows; A. All instnJctors are tralned and certified by recognized organizations such as US Sailing, ASA, ACA, US Waterski , etc.

If you answered "no;• please answer B.
r- Yes r No
s. Each class lead instructor has been evaluated by a certified instructor r Yes r No who has affirmed in writing that the lead instructor is qualified to conduct the on-the water trainings they teach. Written affirmations will be kept on file and will be available for Inspection by DBW staff. c. All class instructors are certified in first aid and CPR. j. Yes No Exhibit A - Section II (Program and Financial Overview) ln !his section, you will provide information regarding courses, activities, outreach, and staffing that you currently provide rn your boating safety program.

Objective 1 - Targeted Boating Safety Education Approach (Page 1) The organization is specifically set up to enhance boating safety as part of its main mission and has the ability to help DBW provide boating education courses .

What Is the primary goal of your organization as defined in your mission statement?

MISSION STATEMENT
The City of Newport Beach Sailing and Boating program falls under the Recreation and Senior Services (RSS) Department of the City. The RSS mission statement is "to enhance the quality of life by providing diverse opportunities in safe and well-maintained facilities, open spaces, ahd parks. We pledge to respond to community needs by creating quality educational, environmental , recreational , cultural, and social programs for people of all ages."

MARINA PARK SAILING AND BOATING- MISSION
The objective of the Marina Park Sailing and Boating· Center is to pr01/1de boating safety education to the general public and to provide public access for all people to Newport Harbor.

The Sailing and Boating mission is to enhance the quality of life of our community and its visitors by providing safe, cost-effective boating education and public access to boating adventures - for a day of enjoyment or a lifetfme of fun.

OUTREACH
fhe City had been providing sailing lessons for the public on the beach for decades but the Marina Park facility allows the City to increase both public access to Newport Harbor and safe boating educational opportunities .

The City's cost-effect ive boating classes allow boat owners and people who don't own boats to learn boating safety, from the ground up. Also, Marina Park's waterfront facility, with its park, marina, and restaurant , attracts constant foot traffic past the Sailing and Boating office. Boating staff is speaking daily with passers-by and promoting boating safety.

Conlract # C8969330. City of Newport 8ea ct1, AquaUi;Cenler Grant FY 2024-25, Date: 04/09/2025 Page: 9 of 117 6-16
Exhibit A
Mariha Park Sailing and Boating staff are committed to sharing sailing and boating through comprehensive sailing classes , as well as sailboat and paddle equipment rentals. Any time staff puts a person on the water, it is done with boating safety as the number one priority.

FACILITY AND STAFF
All non-instructor Marina Park staff have California Boater's License and are CPR/First Aid certified
The two leads of Marina Park boating staff have 90 years combined boating experience
Several Marina Park boating staff are trained ocean lifeguards Marina Park has deployable rescue ladders on the docks as well as throw rings Marina Park has three Defibrillator stations
Marina Park is also home to the Newport Beach Harbor Department , which serves as backup for the Sailing Center shoL1ld there be an emergency - with patrol boats on the water at all times during the days

SAILING CLASSES
The City offers beginner, intermed iate, and advanced sailing classes to people of all ages, in both dinghies and keelboats , and is open seven days a week, year-round, Each sailing student, no matter the age or experience is taught with safety as the Number 1 objective.

All students learn proper fit of Coast Guard-approved lifejacket , explanation of its purpose and must wear one
Courses are US Sailing curriculum
All instructors are US Sailing certified, as well as CPR/First Aid certified Beginning keelboat classes are taught with the instructor on board Instructors teach Man-Overboard drills, and complete control of the boat in all classes
All classes have coach/safety boats with First Aid kit and rescue equipment aboard So far this year, the City has offered 162 different sailing classes, teaching beginning sailors of all ages, as well as intermediate sailors .

SAILING DROP-IN CUSTOMERS
The City perceives its "Sail Pass" sailboat rental program as another opportunity to provide a boating safety message to its customers and their guests.

The City does not allow walk-ih sailboat renters. but instead has an internal written and on water ratings test system, which is designed to develop the boating safety knowledge of more experienced sailors. Only upon successfully passing this two-part test is a sailor allowed to rent a City sailboat. The sailor may choose between a dinghy or keelboat ratings test but must rate in each if they choose to rent both types of boat. Many of our renters are students who have learned to sail in the City program , and now the Sall Pass allows them access to the bay with their family and friends , safely introducing more people to boating .

Staff continues to provide boating safety .knowledge to Sail Pass customers upon every Contract II C8969330, Cily of Newport Beach. Aqualie Center Grant FY 2024-25, Dale: 04/09/2025 Page: 10 of 117 6-17
Exhibit A
visit.

PADDLING DROP-IN CUSTOMERS
With paddle drop-ins, ratfler than provide a renter with a board and paddle and no education, our experienced and trained City staff take the time to provide a comprehensive orientation to each customer.

Each drop-in paddle rental customer receives a thorough boating safety orientation with discussion of:

Proper fit of Coast Guard-approved lifejacket and explanation of its purpose Paddling technique - for full control of the vessel
Proper stance, hold of paddle
Wind direction and strength, how to read the wind, and how wind will affect the paddler
Current and tides
Self-rescue and safety tips
Local waterway rules and boat traffic patterns
Boating rules
Staff encourages each of our paddlers to begin their journey paddling upwind, so that they recognize the difference when they are met with a headwind , Although California law states that a PFD only needs to be on board, the City rule is that all our paddlers must wear a properly fitting, City-provided, US Coast Guard approved lifejacket. Each paddler must be able to swim 50 yards, must be at least six years of age, and no one under the age of 18 is allowed on the water without an adult. Everyone ages sfx to 12 must have an 13dult on the equipment with them.

Staff also reviews rules of the road and emergency procedures . Paddlers are taught how to climb back onboard , should they fall off. They are taught h ow to stay with their craft in an emergency, and how to hail other boaters by waving a paddle or using the provided whistle attached to the lifejacket. They are also encouraged to be aware of all other boaters on the water, to anticipate developing situations and to stay to the sides of the channel, keeping clear of traffic.

This summer alone, Salling and Boating staff put at least 2,000 drop-in sailing and paddl ng customers of all ages on the water . Each of those customers enjoyed their time on the water, safely, without incident and no rescues - all had received a comprehensive safe boating orientation .

Objective 1 • Targeted Boating Safety Education Approach (Page 2)

2. Describe the strengths of your boating safety program that highlight the value you provide lo the public. (Why should someone take a course from your organization rather than from a competllor? What makes your program stellar?). This is an opportunity for you to showcase the strengths and boating safety expertise within your program,
With more than three million residents in Orange County , this is the third most populous county in California and the sixth most populous in the United States . Newport Harbor is the largest recreational boat harbor on the US west coast, and a popular destination for all boating activities , including sailing, fishing , rowing , kayaking and paddle board ing. Now more than ever , there is a Conlracl # C8969330. Cily of Newport Beach, l\quaUc Center Grant FY 2024-25, Date: 04/09/2025 Page: 11 of 117 6-18
Exhibit A
significant need for boating safety education here in the harbor .

Marina Park Sailing & Boating is unique because:

Aside from the private yacht clubs , Marina Park is one of only four programs in tne bay that provide boating safety curriculum . The community boating center at Marina Park stands out because it's the only program on the bay that provides all of the following: sailing classes for all ages and experlence levels, an affordable sailboat rental option for experienced sailors who test in, and drop-in paddle rentals with a comprehensive safety orientation for customers who otherwise would not have access to the bay or boating safety informat ion.

Also, City staff run Sailing and Boating seven days a week, year-round with three full-lime and at least 13 part-time employees . The facility , equipment and programming is stellar. Another strength is that the City partners with Orange Coast College School of Sailing and Seamanship as its contracted sailing vendor. OCC's fleet of boats and course offerings dovetail well with the boating safety classes the City provides .

Marina Park Strengths:

The City of Newport Beach has safely provided sailing and boating classes for decades .

The City has an exceptional safety record; never having a serious incident in any of its sailing or paddling programs .

The Marina Park facility is centrally located , and offers a wide variety of sailing classes, as well as comprehensive boating safety orientations for paddlers.

Its public, highly trafficked bayfront location , with park and restaurant , draws residents and visitors from all over the world. This provides a unique opportunity to reach "non-boating" segments of the population with a boating safety message . Daily, staffl s discussing boating safety with the steady traffic flow of people using the park.

Sailing and Boating has a fleet of 43 sailboats dedicated to learning .

Sailing and Boating provides cost-effective classes and access to the water for anyone over the age of six who can swim.

Sailing and Boating offers a variety of sailing classes for all ages and levels of ability; students can choose to learn in five different types of sailboats , including both dinghies and keel boats.

The City has three safety coach boats .

The City has staffed three full-time ahd at least 13 part~time on-shore employees, includ ing trained ocean lifeguards , to run Sailing and Boating seven days a week, year-round .

The instructor to student ratio is low, with 3-4 beginning students per instructor .

Sailing and Boating offers a Sail Pass program for students to continue their boating adventure by renting the City's sailboats , upon successful completion of an internal boating safety testing process . Those sailors are welcome to bring family and friends - yet another opportunity to reach additional customers With a boating safety message . Students take a written test as well as an on-water assessment. All tests are reviewed with the student to provide additional safety information .

The Argyros Girl Scout Leadership Center is located at Marina Park. The City provides boating safety information to the troops that visit the Center, has taught hundreds of Girl Scouts in our paddling program , and offers two weeks of summer sailing programs for the Girl Scouts.

Sailing and Boating provides Beginning Keelboat lessons to the member veterans of the nearby American Legion Yacht Club. The Legion looks to the City to train its sailors, so they can come back to the Legion qualified to rent the American Legion sailboats .

The City has hosted -a US Sailing adaptive insfructor workshop - the first step in creating a Contract # C8969330, City or Newport Beach, Aquatic Center Gra]1t FY-2024-25 , Date: 04109/2025 Page: 12 of 117 6-19
Exhibit A
boating program for people with disabilities .

The City runs the only two hoists in the bay dedicated to assisting people with disabilities - one of them is al Marina Park.

Successful History, Safety Track Record, and Lifejackets The City of Newport Beach has been offering sailing classes , contracting with outside instructors , for decades. The City has provided boating safety knowledge to thousands of people of all ages. There has never been a safely incident (knock on wood) in any of the sailing classes or rentals. Safety is the City's number one pr1ority ih all its classes and rentals , with fun closely ranked behind safety .

The City requires that every sailor and every paddler wears a properly-fitted lifejacket while on the water, so the US Coast Guard PFD message is regularly repeated to thousands of City boating customers every year. City staff doesn 't simply hand over lifejackets but, instead, works with each boater to properly fit and secure their lifejacket, explaining why a snug fit is mandatory .

The docks at Marina Park all have safety ladders at different locations on the docks, as well as life rings and throw bags, ready to be tossed to anyone in the water.

Marina Park has always had three safety boats on the docks , prepared with floating towline , small step ladder, spare lifejackets , as well as a prop guard . The safety boats are on the water during any classes and camps, for more than just instructional purposes. They have been used as a safety platform, close to the on-water activity and ready to respond , if ever needed. In fact, the safety boat has responded on two separate occasions (NOT related to our boating program), when swimmers off the public bay beach needed rescuing . Our staff responded , even before the beach lifeguard, and pulled struggling swimmers to safety.

The Venue is Unique
The sheer number of visitors to Marina Park every year makes this venue a unique and ideal platform for disseminating boating safety information. Many visitors walking by the Sailing boat bay are drawn in, seeing the City's fleet of sailboats and paddle equipment, curious about our programs and what we provide. This gives us an excellent opportunity to reach people who would not normally be interested in boating - thinking there wasn't a route for them to get involved. This segment of the population might only find themselves , as a guest, on a boat once or twice, with zero knowledge of how to boat safely, leaving them vulnerable on the water, We can pique an interest and provide classes for beginners which, in turn , develops safe boaters out of this previously "non-boating " demographic .

Instructors/Staff
Instructors are always active sailors, certified by US Sailing, with years of coaching and sailing experience . The City staff hired to run Marina Park Sailing and Boating includes several experienced boaters and ocean lifeguards , as well as staff who have been involved since the Inception of the Marina Park program.

All the instructors and staff who work a1 Marina Park have always been CPR/First Aid certified . In addition , all the instructors who have been hired to teach boating safety for the City have always carried at least a US Sailing Small Boat Level 1 certification , if not a Basic Keelboat Instructor Certification as well.

Sailboat Fleet
The sailboat 0eet that the City owns is diversified ; from one-person dinghies that appeal to our youth, to bigger keelboats that provide more comfort for our older demographic. The City owns 20 Schock sabots , three Lido 14's, two RS Ventures, six J22s and 12 RS Quests. The 0eet is the newest in the bay and purchased specifically because each type of boat is an excellent training platform.

Contract# C8969330, City of Newport Beach, Aquauc Center Grant FY 2024--25, Oate: 04/09/2025 Page: 13 of117 6-20
Exhibit A
Sailing Classes
The City provides a wide variety of sailing classes that appeal to all ages and levels of ability. Some classes are structured with the instructor onboard to provide an additional comfort level for the uncertain beginner. Classes are designed to try to accommodate people's busy lives, so there's always a class available, whether it's a four-day, two-day, week-long, or solely a few hours of sailing in one day. Private lessons are also available and are one of the City's most popular options . The Parent & Me option that allows a child to sail with their parent is always booked, as well as the variety of camps and classes for youth. All the boating safety classes that the City offers are different than other classes being offered in the bay - whether it's different curriculum , different types of boats or different scheduling .

Sail Pass Program
For the demographic that is already interested in boating, Marina Park is an enticing option because, not only do we provid'e U,e classes from beginning through advanced in both dinghies and keelboats, but the City then has the Sail Pass program , which provides access so a City-educated sailor may continue their boating safety journey with family and friends.

To participate in the City Sail Pass program, the sailor must take an internal on-water and written "ratings" boating safety test neither a dinghy, keelboat or both separately to be able to take out those boats. Once a prospective sailor passes a City-proctored , hour-long, written test, the City's contracted sailing instructor administers a three-hour, on-water assessment, which is designed to determine if the sailor is a safe and qualified boater. as well as to provide familiarization with our sailboats. The ratings test is also available lo experienced sailors, who have not taken City classes .

Any experienced sailor must "rate'' with us before using City boats to enjoy the water with family and friends. All sailors must be able to swim and wear properly fitted lifejackets , no one under the age of six.

Work with the Girl Scouts
'rhe Argyros Girl Scout Leadership Center is located within Marina Park and, in Orange County alone, there are some 40,000 Girls Scouts. Individual troops earn the opportunity to visit the Center , and we have worked with hundreds of Girl Scouts providing boating safety information when they come to paddle with us. Sailing and Boating has also developed a boating safety sailing program for the Girls Scouts.

Adaptive Sailing Program
The City has just hosted a US Sailing adaptive instructor training workshop and is now offering private sailing lessons for people with disabilities .

Objective 1 - Targeted Boating Safety Education Approach (Page 3J Organization demonstrates targeted approach to Identified boating safety education needs and utilizes curriculum that addresses those needs

3.a. List up to three signi ficant boating safety problems affecting boaters at large that you have identified in your general area. (Covid-19 Issues, fires, or problems specific to your organization such as staffing shortages or trainings, that do not affect boaters at large are outside the scope of this question) . For each safety problem identified in 3.a, how did you determine that the identified problems were significant? Overcrowding combined with boater inexperience remain the most significant boating safety problems in Newport Harbor.

Overcrowding
Competing uses of our bay between a variety of different types of boaters is a key concern .

Contraci # C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 14 of 117 6-21
Exhibit A
With more than 9,000 boats docked and moored in Newport Harbor, our bay where we conduct all our classes is overcrowded , particularly in the summer . It doesn't take a study, but merely observation, to know that overcrowding is a problem. Our typically beautiful Southern California weather draws people to boating activity and, on any given day throughout the year, a boater will encounter the Balboa car ferry, sailboats, powerboats , personally-owned Duffy electric boats, rented electric boats, fishing cruise boats, large charter vessels, rented paddleboards and kayaks, fishermen fn floats, gondolas, small party charter boats (hot tubs, pedaltng bars), rowers practicing in skulls, and competitive sailors training and racing. There are also anchorages and mooring fields throughout the harbor that reduce operational space.

Inexperience
Couple the crowding with the fact that most of the boaters are inexperienced and, in many cases, inept. Even the bigger powerboaters are obviously not educated. They simply liked a boat, so they bought it, without taking any instructional classes. Fenders out, we see them putting out huge wake, which damages all the boats on docks - not to mention being a menacing force bearing down on other boaters. When faced with a crowded situation or sailboats on the water, Instead of slowing down and standing by, these operators gun their boats at increased speed, putting out ocean-sized wake and creating an exceptional safety hazard.

The rental operations around the harbor rent out electric motor Duffy's, as well as a slew of paddleboards , kayaks, and fishing skiffs. No experience is required and, often, this is the first time these renters have ventured out onto Newport Harbor - or even onto the water.

We speak from personal experience that our instructors have rescued more rental paddleboards (from other operations) than we can remember. Renters are shoved off the beach by the other concession stands with no instruction, holding the paddles incorrectly , paddling down the middle of the channel oblivious to any other traffic , not wearing lifejackets, and incapable of paddling upwind at the end of the day because no one instructed them on wind and current.

Finally, inexperienced boaters have a problem understanding that the enormous charter boats cruising through federal channels have difficulty maneuvering and can't stop on a dime. These charter boats are professionally captained and travel at slow speeds , however they carry lots of momentum. For inexperienced boaters this poses an added danger as they don't understand that the big boats can't easily avoid obstacles on the water.

Inexperienced boaters cut right in front of the charters, or don't give them a wide enough berth ..

In all, our bay, which draws so many visitors. has a distinct need for the boater safety education that we provide.

Objective 1 - Targeted Boating Safety Education Approach (Page 4)

3.b. How does the material covered in the course curriculums lhal you offer directly address these ldentified problems? Provide specific examples of material in your curriculum(s) that directly relate to the issues described 1r, 3.a.

Overcrowding on the bay combined with inexperienced boaters are a bad combination.

Contract # C8969330 , City of Newport Beach. Aquallc Center Gran! FY 2024-25. Date: 04/09/2025 Page: 15 of 117 6-22
Exhibit A
Most of the overcrowding in the bay is because of powerboats and most of the operator inexperience in the bay is exhibited by power boat operators .

Sailors are generally much more informed and more capable on the water than powerboaters. as there are many more complexities in operating a sailboat, which can then transition into competent powerboat operation .

Despite not teaching powerboat education specifically , the City produces knowledgeable sailors, who are then fully qualified on pleasure outings with friends and families on sailboats or powerboats. The City's sailing classes teach Rules of the Road, absolute control of the sailboat, boat maneuvering, how to avoid congested areas, and how to recognize inexperience in other boaters.

All the City of Newport Beach classes are designed to give sailors the tools to recognize and avoid critical missteps. Our instructors are US Sailing Small Boat Level 1 and Basic Keelboat Instructor Certified, and our curriculum follows US Sailing's suggested teachings , providing extensive information to our students on, but not limited to, the following topics that help our sailors navlgate safely in any overcrowded harbor with inexperienced boaters:

Wind direction - the key concept in sailing: Knowing how to read the wind is the first critical step in keeping a boater safe and in control. Being in absolute control of a sailboat at all times, regardless of not having an engine , helps prevent accidents . Knowing precisely how a sailboat or powerboat will react due to wind conditions is an important tool in overcrowded situations . Students learn how to control the wind and thus their boat. They will also begin to understand concepts like "windage " in powerboats and how the wind affects a boater who is docking . Our sailors are taught about how different types of boats maneuver on the water . For example, there are a few large charter boats in our harbor, so students are taught to give wide berth, knowing that these large vessels cannot maneuver easily nor stop quickly.

Returning to and Leaving the Dock - both critical concepts to master in an overcrowded bay of inexperienced boaters . Instructors work with students, especially beginning students, individually, talking them off the dock and onto the course. Students learn how to ''shove otr' in the proper direction , always aware of the wind direction and the traffic in the channel off the dock. They are taught how to properly balance the boat and gain speed and steerage as they depart . More advanced students are taught how backwinding sails can assist with steering control. Returning to the dock, students are taught how to slow down in the controlled "safety position" so they avoid getting caught in irons, but instead glide slowly into the dock, with the bow just off the wind . Beginners are taught to drop or furl their jibs before they dock for less sail power, while more experienced sailors are taught how backwinding the main and big tiller movements can also slow a boat.

Man Overboard Drill - Instructors practice tossing lifejackets into the water simulating overboard recovery - a 900d exercise for newer sailors to perfect, helping them to become more familiar with handling a boat in tight circumstances . Instruction includes alerting the crew "man overboard ," immediately tossing a lifejacket to the person in the water , how to spot the person in the water and immediately bearing off to circle or figure eight around and approach slowly and in control upwind . Students are also taught how to bring a MOB pack on board safely and properly.

Contract # C6969J30 , City of Newport Beach. Aquatic Center Gra.nt FY 2024-25, Dale : 04/09/2 025 Page: 16 of 117 6-23
Exhibit A
Safety Position - how to slow your boat in order to stand-by to avoid a collision or to return to the dock slowly. As mentioned above, students are taught the ''safety position." Again, absolute control of the boat at all times is a fundamental pillar of our teachings. If a sailor always has absolute control, this significantly reduces the risk of accidents and injuries, Our students are taught to "stand by" if they are negotiating a crowded situation, rather than accelerating dangerously through tight quarters, as we see many powerboaters do. "Right of Way" rules - the most important of which is to avoid a collision at all costs . This requires an alert skipper who is aware of traffic and knowledgeable of the rules. Sailors are taught to maintain a proper lookout, keeping in mind that most boaters don't know the rules, so never to force their way on the water . Common sense and courtesy are essential when sailing on our bay. We explain to all our students to never assume the other boater knows what they're doing. We teach our students to always anticipate that the other boater may not react or turn in the manner we are expecting, and to always keep clear, be in control and have a Plan B to avoid collisions .

Speed • stated speed ls 5 knots for powerboats . When sailing in Newport Harbor, the Inland Right of Way Rules apply. When boats are moving close, we teach our students which boat is "stand on" and which is "give way". We teach that there are rules that apply between different types of craft on the water , as well as rules that apply when there are commercial boats and large boats in confined waterways (our harbor.) Most of all, we teach our students to never fully trust any other boat operator in our bay_ Because we have so many rentals in this bay, we teach students how to identify risky drivers and how best to avoid them.

Our curriculum covers how to make a course change so that another boater is clear regarding your intentions. as well as how to approach another vessel coming head-on.

Overtaking boats keeping clear is also covered . As mentioned, We have rowers on our bay, and our students are taught that the rowers cannot maneuver or slow down easily , and that often they cannot see well.

Charter Boats - Because Newport Harbor is considered a confined waterway, our students know that they may not impede the passage of large commercial boats. and that the large charter boats have limited abilities to maneuver at low speeds.

Traffic patterns - In Newport, generally boaters should stay to the right, but our sailors are taught to never cross directly In front of another boat. There are mooring fields in Newport, and we teach our sailors and paddlers to stay out of them. We also teach our boaters to keep an eye peeled for rowers, other paddlers , electric boat rentals and the ferry. We also have lots of competitive sailors on the bay, and we teach our boaters how to steer clear.

Motorboats vs. sailboats - Our instructors teach that our sailors should above all keep clear, regardless of whether they have right of way, assuming that the other boater is not knowledgeable . However, we of course teach starboard, port, leeward, windward, who has right of way, as well as other rules of the road.

Ferries - Instructors teach that our sailors should always avoid the ferries and plan their passage to accomplish this.

Contract # C8969330, City of Newpo1' Beach, Aquallc Ce,uer Granl FY 2024-25, Date: 04/09/2025 Page: 17 of 117 6-24
Exhibit A
Conltacl # C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 18 of 117 6-25
Exhibit A
Objective 2 -Applicant has boating safety education courses and outreach available and accessible to the public (Page 1) Applicant offers courses focused on boating safety education.

Exhibit A • Section II
Complete the chart, Boating Safety Courses Offered
List all of your on-the-water boating safety courses that occurred between October 1, 2023-September 30, 2024. Only list boating safety course. (Definition is provided In the Definitions document in Show Documents area.)

4. Boating Safety Courses Offered
In lhe chart below, enter all the boating safety courses you offerthat meet the following criteria:

For purposes oftflls grant application , a boating safety course Is defined as a course that includes the followrng eIements:
• At least 50% of the curriculum is based upon elements listed in the boatfng safety education area of the course curriculum check sheets of this grant application for the following boating activities: sailing, windsurfing, kayak, canoe, powerboats, rafting, SUP, rowing • Course goals emphasize non-competitive learning
• Has an established curriculum or lesson plan
• Participants wear life jackets
# of #of % of time
#of Students Total students spent on
Type of Length of Length of Sessions Enrolled students # who are repeatin boating # of Years Course Course Course offered in each trained in first time g this safety Name of Course offered offered (Oavs\ /Hours\ Annuallv Session course students course education Beginning Dinghy Sailing 15 Intro 4 14.00 7 7 50 50 0 100.00 Intermediate Dinghy 15 lntmd 3 14.00 2 6 11 11 0 100,00 Sailinq
Advanced Dinghy Sailing 15 Adv 2 1.00 1 3 3 3 0 100.00
& Spinnaker Clinic
Explore the J22 15 Intro 1 3.50 5 2 , 11 11 0 100.00
Beginning Keelboat 15 Intro 4 14.00 18 3 50 50 0 100.00 Sailing
Co~lracl IJ. C8969330, City of Newport Beach, Aquatic Center Gran! FY 2024-25, Date: 04/09/202 5 Page: 19 of 117 6-26
Exhibit A
Intermediate Keelboat 15 lntmd 3 10.50 10 5 51 51 0 100.00 Saillna
Ocean & Spinnaker Keel 15 Intro 1 7.00 13 4 52 52 0 100.00 Class
Parent & Me Sailing 15 Intro 1 3.50 10 10 96 96 0 100.00 Youth Sailing & Paddling 15 Intro 5 15.00 16 8 129 115 14 100.00 Garno
Youth Sailing Camp 15 Intro 5 15.00 25 5 116 113 3 100.00 ACE After School Sailing 10 Intro 6 18.00 5 11 53 48 5 100.00 Private Lesson 15 Intro 1 3.00 67 2 129 129 0 100.00
Boating Safety 10 Intro 1 1.00 2,183 1 2,131 2,081 50 100.00 Orientation
Adaptive Sailing 1 Intro 1 3.50 0 0 0 0 0 100.00
186 Total number of students (may include double 2,882 2,810 72 13.29 countinc:il
Total number of unique students served : 2,810
# of students passing NASBLA-approved exam O
First Time Student I Repeating Course % 98.00 2.00
Contract # C8969330 , City of Newport Beach, Aquatic Center Grant FY 2024-25 , Date: 04/09/2025 Page: 20 of 117 6-27
Exhibit A
Objective 2 • Applicant has boating safety education courses and outreach available and accessible to the public (Page 3)
Applicant's courses are available and open to a wide segment of the general public

5. JdenLify the segments of the public that can access programming .

Note: General public means: All or most people have access, especially those not part of a specific group Check all that apply.

P All General Public (anyone can take a course-no restrictions , suoh as a club membership) General Public Youth (under 18)
General Public Adults only (18 and older)
.r
r
r Specific group such as college students or alumni, disabled , special groups, (scouts, underserved, alub members. etc). Specify group(s)

6. List the methods that a member of the public can use to sign Up for a course al your center. p Online
p Phone
p Walk-ln
r Mail-in
p Group Sign-up
r Other
Con1ract # C8969330, City of Newport Beach , Aquatic Center Grant FY 2024-25, Dale: 04/09/2025 Page: 21 of 117 6-28
Exhibit A
Objective 2 • Applicant has boating safety education courses and outreach available and access ible to the public (Page 4)

7. Exhibit A · Section 11
Provide the following informatio n regarding your organiza tion's advertising and outreach efforts related to your boating safety courses in the following table.

Advertising /O
utreach Used % ofsi'gnups
in the Past 12 Target Describe How This Method attributed to Months Audience Reaches vour Taraet Audience Freauencv this Outreach Brochure general public The City of Newport Beach Navigator is Quarterly 25.00 a glossy magazi ne with all the City's
classes, including sailing and boating.

The magazine reaches 45,000
businesses and residents .

Flyers general public Sailing and Boating has flyers for Da1 1y 10.00 sailing lessons, the Sail Pass, paddle
rentals and youth sailing. These are
distributed daily to the many people
who walk by. We also have a QR code
that lakes customers directly lo class
reqistration .

Social Media general public The City of NB has an lnstagram page Daily 15.00 that is frequently updated, and the City
is active on Facebook, Twitter and
Nextdoor.

Website general public The City of NB has a website , with a Daily 10.00 Marina Park Sailing & Boating-specific
website, as well as an electronic
Navigator for ease of registration for
salllnq classes.

Emails general public The City has a monthly Recreation Monthly 15.00 newsletter, as well as targeted emc1il
blasts.

Events general public The City markets and promotes at Quarterly 10.00 Camp Expos (OC Family Camp Fair at
the Irvine Spectrum), Newport Beach
Spirit Run, Jambo ree at the Cube,
lmaglnology at the OC Fairgrounds,
Newport Mesa PTA events and school
functions. The City also promotes
boating safety at lts own City events
like Concert [n the Park, Movie in the
Park, or Halloween Soootaku lar.

Other (Banners) genera l public Sailing and Boating has received Daily 15.00 permission to place banners detailing
its safe boating classes on different
school's fencing, as well as at Marina
Park.
100.00
Objective 2 • Applicant has boating safety education courses and outreach available and accessible to the public (Page 5)
Con!fact # C8969330 . City of Newport Beach, AQuatic Center Grant FY 2024-25 , Date: 04/09/2025 Page: 22 of 117 6-29
Exhibit A
B.a Whal other boating safety education programs exist near you? r No other boating safety education program within 20 miles r-' There are other boating safety education programs within 20 miles.

8.b If multiple programs exist within 20 miles, list the three closest programs and describe how your program is different from each of them.

Orange Coast College Sailing and Seamanship
Boy Scouts of America Sea Base
Variety of yacht clubs
These are the main programs within the bay offering boating safety courses . The yacht clubs teach sailing, but their focus is on competition, which the City does not focus upon. The Sea Base provides Boy Scouts merit badge youth camps of all sorts, on and off the water , including youth sailing, however they do not provide any adult sailing classes . Also , the Sea Base uses different types of instructional dinghies than the City offers for its classes . Finally, Orange Coast College offers youth and adult classes , however their boats used for sailing classes are, again , totally different, providing a different learning experience . OCC also offers ocean navigation , engine maintenance and repair, long distance ocean sailing and cruising , and powerboat classes - all outside the realm of what the City of Newport Beach is offering. In fact, we find that OCC is a good complement to the City classes, as we focus upon the strict beginner gfving them the skills in either dinghies or keelboats, so that they can become confident skippers within our harbor. For the sailors who then advance to offshore boating, navigation and powerboating, OCC provides the next step of instruction , Both OCC and the City have found great synergy, meshing their programs so that the student has the best of all opportunities .

Objective 3 -To fund organization that are efficient, and financially solvent. (Pa_ge 1) Candidate Conducts Evaluations and Improvements
Candidate has Dedicated, Seasoned Staff

9.a. Does your program currently have a permanent program director? 9,b. How long has the current director been in that position? r
r
Less than 2 years
2 • 5 Years
r. Over 5 Years
r- Yes r No

9.c. Provide the number of pald and volunteer staff and the total hours dedicated per year to your boating safely program:

Staffing
Hours per year in
Status # of Staff boatina oroaram
Paid 13 10,780
Volunteer 5 134
TOTAL 18 10,914
Percentage of paid staff hours 98.77
Objective 3 -To fund organization that are efficient , and financially solvent. (Page 2) Conlracl # C8969330. City or Newport Beach, Aquatic Center Granl FY 202A-25, Dale : 04/09/2025 Page: 23 of 117 6-30
Exhibit A
To demonstrate the diversity and stability of your funding sources, list the breakdown of your program's funding from your immediately previous fiscal year. (Income from your program's parent organization Is considered a source.)

10. List your program 's funding sources (Percentages will pop ulate upon saving) Percentage of
Total
Program
Fundina Source Amount Fundina
Parent Oraanization / Entltv 175,000.00 55.96
Proqram Fees 94,983.00 30.37
DBW Grant 34,181.00 10.93
Other Grants 0.00 0.00
Endowments/Gifts 0.00 0.00
Fundralsers 0.00 0.00
Eauipment Check out Fees 8,539.00 2.73
Boat Storaae Fees 0.00 0.00
Other 0.00 0.01
Total 312,703.00 100.00
• Equipment Check-out Fees are fees generated from equipment use outside of classes.

Objective 3 • To fund organization that are efficient , and financially solvent. (Page 4) 11 . Conducting Evaluation & Implementing Improvements
11 .a Identify a program improvement that was implemented in the last calendar year:

Note: improvements can be either boating safety or administrative in nature but should have made your organization safer or more efficient in a measurable way. Do not repeat answers from previous applications unless you have further refined a process ment1oned previously. l..ast year's DBW Workshop identified a problem that many of the boating centers were experiendng , including Marina Park : The Mission Bay Aquati c Center presented on "attracting ahd retaining competent staff.''
The City had been experiencing attraction and retention issues with its part-time staff. All the people who work at Mar[na Park Sailing and Boating are part-time . While we've had the benefit of a boating coordinator and facility maintenance leader who've stayed for years and three other staffers who remained for at least a year, the nature of this entry-level position is that the City promotes good staffers from within , or they leave to attend a four-year college or to take their dream job.

Thus , there's a constant flux of staff , which makes thorough training and retention of institutional knowledge difficult. Running a sailing center is complex with many moving parts and, when the overall focus is to teach safe boating , staff must be well trained and have the benefit of continuity .

We needed more staff for several reasons:

To adequately provide comprehensive boating safety orientations To assist with sailing customers down on the docks
To speak with the constant stream of Marina Park visitors, providing boating safety information and answers to programming questions
To work on the equipment , which is a full-lime job keeping It safe and in working order Conlracl II C8969330, Cll)I of Newport Beach. Aquali c Genie r Grant FY 2024-25, Date: 04/09/2025 Page: 24 of 117 6-31
ExhmltA
The City of Newport Beach was experiencing the attraction and retention problem throughout the entire Recreation and Senior Services department (RSS), under which the Sailing Center operates .

Rather than go to City Council to get a wage increase or additional positions created (which could have taken years), RSS brought back an old position (Assistant Recreation Coordinator) , with a higher wage, which instantly attracted qualified candidates . RSS also eliminated the entry-level position , Recreation Leader, and instead posted the next level Senior Recreation Leader, which also attracted candidates due to the higher pay level.

Both of these listings immediately attracted qualified candidates , many of whom were hired. Sailing and Boating had plenty of well-trained staff this summer , hiring on seven additional staffers. This made scheduling much easier and allowed for staff to assist in all areas of our programming , with drop-in customers , sailing classes , sailing renters , youth camps, as well as helping customers on the beach and docks and assisting with maintenance on the equipment.

Objective 3 • To fund organization that are efficient, and financially solvent. (Page 4-1) 11 .b How did you assess the need for this improvement? r Quality Control Standards (Participant Exit survey, suggestion box, etc.) P- Internal Feedback (Employees identify a need)
r Regulation/law change/industry best practices
r Other (Identify)
Objective 3 • To fund organization that are efficient, and financially solvent. (Page 4-2) 11 c. What did the assessment identified in 11.b reveal that prompted you to make an improvement?
What were the measurable benefits since implementation? The assessment revealed that Sailing and Boating could serve customers more thorough ly with more staff members . Sailing & Boating has so many moving parts to its operation , and maintaining a fleet of this size also requires relentless effort.

The most measurable benefit of changing the hiring structure was the 100 percent increase in qualified candidates applying for the job. We were able to bring aboard seven new staffers, strfctly assigned to Sailing and Boating.

Not being comfortably staffed created many areas for improvement - all of them directly related to adequately providing the best boating safety program . I mentioned in the previous answer the areas for improvement that additional staffing could remedy . I'll elaborate (not repeat!) upon each area, as well as provide the measurable benefit for each . 1, To adequately provide comprehensive boating safety orientations This past summer , we put more than 1,300 paddling customers on the water , outside of our sailing classes and camps. Each of these people received a comprehensive boating safety orientation, covering everything like lifejacket fit, paddling techniques, self-rescue , wind direction and boating rules of the road. Staff is trained to take their time with everyone , hand holding each customer until they demonstrate competency, whether it's kayaking or stand-up paddling. This busy summer, with the additional staff, customers experienced the red-carpet treatment. No staff was hurried trying to flt lifejackets , carry, set up or clean equipment. There was ample staff to assign a team to work with the steady flow of customers . We maintained our safety record of no incidents and no rescues with paddle outings.

Contract # C8969330, City or Newport Beach, Aquatic Center Grant FY 2024-25, Dalee 04/09/2025 Page: 25 of 117 6-32
Exhibit A

1. To assist with sailing customers down on the docks
This summer we also put hundreds of campers and adults on the water in sailing lessons, as well as our Sail Pass customers . In summer 2023 we had 258 adult sailing class students and youth campers compared with 353 in summer 2024. Also, we were able to safely put more Sail pass customers on the water, 217 in summer 2023 and 244 in summer 2024. With each of these outings, staff can continue providing boating safety information to these customers who are renting.

1. To speak with the constant stream of Marina Park visitors, providing boating safety information and answers to programming questions
While we don't track the number of people walking by Marina Park, having additional staff allows us to take the time answering the multitude of questions we get on a day-to-day basis. It gives staff the time to delve into specifics about sailing classes and our program, hopefully enticing people to take a boating safety class. We have an RS Quest on a dolly right outside our boat bay and office. The boat attracts people walking by and, with additional staff, mini boating safety lessons can be provided while looking at the Quest and reviewing sailing in general.

1. To work on the equipment , which is a full-time job keeping it safe and In working order
Havlng additional staff allowed us to schedule people specifically to assist with the maintenance and upkeep of our sailing and paddling equipment. Some of the tasks that had been sidelined were accomplished with extra staff:

Replaced all the running rigging on the J22's
Fixed coach boats on two occasions during the weekend classes Retrieved a skied halyard a handful of times
Repaired a sabot
Replaced a dozen J22 tie down lines
Helped repair a dock light bollard
Helped keep the coach boats topped up with gas multiple times a week Made permanent spring line system for CB #3
Designed, ordered , and placed small slickers on all SUP and kayak paddles Replaced bungee on most of the kayaks
Helped move the gangway
Tded fixing VHF radios
Replaced J22 #6 port side Winch
Kept the boats clean every day

1. Assist with the myriad administrative tasks
The front desk is a busy place, with phone calls and walk-ins . The coordinator always needs assistance keeping all the moving parts of the program in order. Unfortunately , without dedicated long-term staff, the institutional knowledge isn't there and, thus, they aren't able to help with the administrative projects. This summer, we were able to hire four additional staffers who had previous boating and sailing knowledge which helped immeasurably . Rather than train from scratch teaching staff members the very basics of boating, these new staffers were able to hit the ground running, communicating knowledgeably with customers regarding their sailing inquiries and picking up tasks that require knowledge of a boating program. All four will return to the program next year.

Contract # C8969330, Ci!y of Newport Beach, Aquatic Cenler Grant FY 2024-25, Dale: 04109/2025 Page: 26 of 117 6-33
Exhibit A
Objective 3 - To fund organization that are efficient, and financially solvent. (Page 5)

12. Exhibit A - Section II (Equipment Inventory - List) NOTE: For this grant cycle, you have the choice to populate the current DBW-funded equipment inventory list below or attach your most updated Annual Report spreadsheet.
12 a. Would you like to enter Inventory Sheet below?
12 b. If you selected 'No' to Q.14a, please attach a list of all DBW owned equipment r Yes r. No r N
A
43049 0 29 DBW Equipment
lnvenfO£Y List FINAL.xlsx
12 c. If you selected 'Yes' to Q.14a, use the Equipment Inventory Worksheet to list all DBW-funded boating equipment in your inventory, and Its age and condition (include boats, trailers, PFDs, radios, electronics, etc.)
Type of Make/
Contract# Eauioment Manufacturer Model Year
Do you own any non DBW funded equipment? 12 d.
12 e. If you selected 'Yes' to Q.15d, please attach a list of all non DBW owned equipment Contracl # C8969330, Clly of Newport Beach, Aquatic Center Gran! FY 2024-25, Dale: 04/09/2025

HIN/ VIN/
Lenath Serial#
If
Register
ed, is
Title
correctly
on file w
CF# /DBW?
r. Yes r No
43062 0 93 Copy of CNS
Boats CF numbers.xlsx
Purchase
Price
Page : 27 or 117
6-34
Ei<hibilA
Exhibit A Section Ill - Equipment
Equip(Tlen t • Instruct ions

PLEASE READ THE FOLLOWING CAREFULLY

ENTER INFORMA TION IN THIS SECTION ONLY IF YOU SELECTED 'EQUIPMENT' AS A PROPOSA L TYPE

IF YOU DID NOT SELECT 'EQUIPMENT ' AS A PROPOSAL TYPE, CLICK ON THE NEXT TAB TO

NAVIGAT E TO THE NEXT SECTION
In this section, you will identify what equipment your organization would like to purchase with the proposed grant inoney .

Instructi ons for Creating Equipment Work sheets
Each of the following items must be entered in separate worksheets. They should nol be listed in a combined category such as one of the Supplfes categories. Any boats, trailers , engines, modular docking, or storage sheds listed in a combined Supplies category will be disqualified. Additionally, do not create a category called Paddling Equipment and then list SUPs, Kayaks, etc. on a sin_gle worksheet. These requests will be disqualified .

Requests Requiring a Separate Worksheet
• Boats
•
All requests for boats must each have a separate worksheet. All boats are subject lo this rule including motorized boats, sailboats , and any type of paddle craft . 0 If, for example, you are requesting 8 sailboats , you will list them together on a single worksheet.

If additionally , you are also requesting 10 kayaks , the kayaks must have their own workshee t.

Combining the two requests on a single worksheet Will result in a disqualification of both requests .
0 If you are requesting a kayak that includes seat backs and paddles as a set, those items can be combined with the kayak in the same line item. However , if you are just requesting several seat backs or paddles to replace worn ones already in your inventory, list those requests in the Supplies-Replacement/Ref urbishment Items category ,
Eng ines
0 You may combine an engine with boat in a single worksheet If they will be used together as a set.

Otherwise, list all engine purchases on a separate workshee t. 0 If you are requesting multiple engines of the same type for a similar use. you may combine them into a single workstiee t.
• Trailers
•
•
You may combine a trailer with a boat if they will be used together as a set. Otherwise, !railers belong on a separate worksheet. Nole : Trailer does not mean a dolly .

Modular Docking
0 Non-permanent modular docking is allowable in this grant. Requests for docking must be on a separate workshee t. Do not combine them in a gene ral request for supplies- Storage Sheds
0 Non-permanent storage sheds are allowed in this grant. Requests for storage sheds must be on a separate worksheet. Do nol combine them in a general request for supplies .

Contract II C8969330 , City of Newport Beach, Aquatic Genier Grant FY 2024-25 . Data : 04/09/2025 Page: 28 of 117 6-35
Exhibit A
Combined Supply Categories
You may combine smaller requests for supplies into a single worksheet if the justification and general use are similar . The following combined supply categories are available to use.

On the cost estimate worksheet, keep the combine d items together as a single (e.g.: Supplies-Safety Items) Then, 1n the notes section , 11st each individual item and approximate amount and cost per type of item.

Supplies-ReplacemenURefurbishment Items .

This category can contain supplies- replacement sails, rudders , masts, paddles, etc. that are being requested to replace worn out items. It should not include an entire boat, or requests to outfit anew boat. If, for example, you are requesting new sailboats and as part of that request, you would be purchasing items such as masts , rudder, sails, that go specifically with that boat or boat fleet purchase, you may combine them in the boat worksheet , as they will have similar use and justifica tion.

Supplies-Safety Items.

This calegory is for items such as life jackets, flares, radios, first aid items, etc. This category is NOT for listing things like a Safety boat. That item belongs in its own category with its own justification.

Supplies-Miscellaneous Items -
These are supplies that do not fit into the other supply categories. The grouped items should have a similar justification.

If you are unsure whether to separate or group items, contact DBW staff to get clarity and avoid possible disqualification .

Equ ipment Worksheet (1 )

1. Equ ipment List
PLEASE MAKE SURE THAT YOU HAVE READ THE INSTRUCTIONS ON THE PREVIOUS PAGE.

FAILURE TO COMPLY WITH THE INSTRUCTIONS MAY RESULT IN DISQUALIFICATION OF YOUR REQUEST.

Item:

Priority
Total $ Amount for all items in
worksheet
Attach Quote(s)
Suppnes - Safely Items
4,352
42964 0 1 235 Lifejackets Safety quotes.pdf

2. Justification for this specific equipment.

2. Instructions
Please respond to the following questions regarding this specific request.

Justification for use of: Supplies - Safety Items
2 a. Classify this request by choosing one of the following:
r. Critical (boating education operations would cease without It) r Safety (equipment provides safety enhancemen t)
PFDs
r Increased Efficiency/Program Expansi on (would serve more people or save staff time, etc.) Contract# C8969330 , Clly or Newport Beach, Aquatic Center Grant FY 2024-25 , Data: 04/09/2025 Page: 29 of 117 6-36
Exhibit A
r Protection (Extends life of equipment)
2 b. Provide a clear justification that explains the above designation and how this request will improve your ability to educate boaters . What are the detrrments to not receiving it? The City relies upon its lifejackets for every aspect of its Sailing and Boallng program . Although each PFD is rinsed thoroughly after each use, hung up neatly and cleaned regularly, the sun and sail water combined with repetitive use by thousands of boating students each year, slowly start to degrade the efficacy of the PFDs. Our boating program would cease to exist without lifejackets, as they are the number one safety item we rely upon to keep our customers safe, Although the law doesn't state that all boaters must wear one, we require every customer to wear a properly fitted lifejacket. Our staff informs them that a lifejacket does no good if you're unable to put lt on in an emergency.
2 c. Discuss why this particular type or model works best for your program.

Adult and Youth Ufejackets
The City currently has the Old Town Universal Outfitter for all its adult and youth customers . We find this jacket fits the best and is durable. They outlasted the West Marine PFDs, which we had purchased previously . Our current adult and youth lifejackets were purchased in 2023 and, by the time this grant is approved , and we take new delivery of lifejackets. it will most l1kely be 2026. So these PFDs wlll have seen at least three years of thousands of customers each year.

Child Lifejackets
Unfortunately , the Old Town brand does not carry the ahild lifejackets for our smallest customers .

Thus , we've found the West Marine brand to outfit our smallest boaters . We've used these lifejackets in the past and they've held up and are the most cosl effective.

Adaptive Lifejackets
We've been working with US Sailing, after the adaptive instructor workshop to determine which brand and type of lifejackel will work best for our customers with disabilities . We've narrowed it down to a few brands and will purchase the one that provides head support for a person with a higher disability, as well as a leg strap , so the jacket can't come off.
2 d. How long do you expect to use this
equipment?
2 e. If this request is for a replacemen t item,
how old is the equipment you want to
replace? (If not applicable, enter N/A.)
2 f. Provide the estimated number of people
who will use the equipment during its
estimated lifetime .

3. Course Titles Using this Equipment
As I mentioned above, these lifejackels are well taken
care of, but typlcally we're on a three year cycle due to the sheer number of people who are using the
lifejackets each year.

Our current lifejackets wlll be 3-4 years old when they are replaced.

In a year's time, Marina Park sees rou_ghlY 4418
customers who will use these life]ackets . In four years of use, that's 17,672 customers and in three years of
use, that's 13,254 customers .

Please complete the equipment detail and population segment charts below listing not only the piece of equipment, but all courses that the equipment will be used . (Example: fleet of vessels) DBW wants to know the total number of hours per year per course each piece or equipment will be used for basic non-competitive boating safety education , how many students and what population segment(s) will benefit .

Course Title(s) Using Supplies • Safety Items
Course Title/s\ Using this Eauipment
Beoinnino Dinohv Sailina
Intermediate Dlnahv Sailino
Advanced Dinghy Sailing & Spinnaker Clinic
Contract # C8969330. City of Newport Beach, Aquatic Center Grant FY 2024-25. Date: 04/09/2025 Page: 30 of 117 6-37
Exhibit A
Explore the J22
Beoinnino Keelboat Sailino
Intermediate Keelboat SaiHna
Ocean & Soinnaker Keel Class
Parent & Me Saillno
Youth Sailino & Paddlino Came -
Youth Sallina Came
ACE After School Sailino
Private Lesson
Boalina Safetv Orientation
Adaotive Sailinq

4. Boating Safety Courses Using Requested Equipment
Boating Safety Courses for: Supplies - Safety Items
Hours per Year - Beginning 3,508
Hours per Year - Intermediate 144
Hours per Year - Advanced 98
Total Hours per Year 3,750

5. Hours Using Requested Equipment Per Year by Activity Instructions :

In the chart below, 11st the number of hours per year that the equipment requested in this worksheet will be used for each of the activity categories. Grant-funded equipment may be used for purposes other than boating safety education as follows: up to 10% for competitive activities/practices and non-boating safety activities and up to 40% for vessel checkout. Use exceeding these thresholds will result In a prorated cost to the grantee as indicated. Grantees must be able to pay the prorated amount for the item to be considered fn the grant award.

Hours Used Per Year by Activity Supplies - Safety Items for:

Boating Safety Courses 3,750
Other Boating Safety Activity/Events 0
Competitions & Practices 0
Non-Boating Safely Activlties O
Vessel Check-Outs 1,284
Total Hours 5,034
Competitions & Practices and Non-Boating Safety
Activities%
Vessel Check-Outs %

0.00 (Maximum Allowed: 10%)

29.23 (Maximum Allowed: 40%)
If the requested item has exceeded the use acceptable use thresholds and is subject to prorating, your organizatfon share will be:

Is your organization able to contribute toward this item as a cost share? r Yes r No Contract# C8969330, City of Newport Beach, Aquatfc Center Grant P( 2024-25. Dar.e: 04/09/2025 Page: 31 of 117 6-38
E~hibit A
Equipmen t Worksheet (2)

1. Equipment List
PL EASE MAKE SURE THAT YOU HAVE READ THE INSTRUCTIONS ON THE PREVIOUS PAGE.

FAILURE TO COMPLY WITH THE INSTRUCTIONS MAY RESULT IN DISQUALIFICATION OF YOUR REQUEST .

Item :

Priority
Tota l $ Amount for all items in
worksheet
Attach Quote(s)
Supplies - Replacement/Refurbishment Items
RS Quest Runnin Ri in , RS Quest Standin Ri in
7,960
42964 O 2 443 Quest Running Standing Rigging.pdf

2. Justification for this specific equipment.

2. Instructions
Please respond to the following questions regarding this specific request.

Justification for use of: Supplies - Replacement/Refurbishment Items 2 a_ Classify this request by choosing one of the following :
r. Critical (boating education operations would cease without il) r Safety (equipment provides safety enhancement)
r
r
Increased Efficiency/Program Expansion (would serve more people or save staff lime, etc.) Protection (Extends life of equipment)
2 b. Provide a clear justification that explains the above designation and how this request will improve your ability to educate boaters. Whal are the detriments to not rece1ving it? The city purchased 12 RS Quests in 2015 when Marina Park was built. Since then, the RS Quests have been a mainstay of our safe boating education program . The RS Quests provide an excellent learning platform for beginning sailors . They're rotomolded , like kayak material, so they're stronger than fiberglass and less easy to damage . We plan to have these boats in service for the duration of this program. They're already 1 0 years old and have taught approximately 7,000 people the basics of sailing. They are also used for students lo practice nipplng a dinghy and re-righting il - self-rescue.

With hundreds of campers and adults using these boats for safety classes, the Quests have experienced some normal wear and tear, although they are in good condltfon. For safety reasons, it's time to replace the standing rigging. These are all the wires that keep the mast standing up. With age, those wire "stays" can start to unwind, leaving wires sticking out, which we don't want. Although we release the forestay tensioning after every use, the wire stays do begin lo stretch out as well, through the years. So, it's tlme to lower the rigs and replace all the wiring that allows the masts to function safely and properly.

Also, the running rigging or the lines in the boat need replacement. After 10 years of salt water, sun and repetitive use, the lines shrink and become stiff, not running through the blocks as they should.

We do thoroughly rinse lhe boats, rigging and fines after every use, and remove the lines lo more thoroughly deep soak them, however after 10 years. it's time to replace the lines. Replacement lines are needed because they glide easily through the cleats and blocks, keeping sailors safe and able to control lhe sails properly. We don't want lines getting stuck. 2 c. Discuss why this particular type or model works best for your program.

RS Boals, the manufacturer, provides all the lines and rigging for its RS Quests.

Contract# C8969330 , City of Newpon Beach, Aquallc Center Grant FY 2024-25, Date: 04/09/2025 Page: 32 of 117 6-39
Exhibit A
2 d. How long do you expect to use this
equipment?
2 e. If this request is for a replacement item,
how old is the equipment you wanl to
replace? (If not applicable, enter N/A.)
2 r. Provide the estimated number of people
who will use the equipment during Its
estimated lifetime.

3. Course Titles Using this Equipment
This standing and running rigging will probably last
another 11 years.

Yes, the current equipment will be 11 years old by the
time it's replaced
Approximately 700 people each year use the RS
Quests, so in 11 years, that's at least 7,700 people who wlll benefit from boating safety lessons in the RS Quest.

Please complete the equipment detail and population segment charts below listing not only the piece of equipment, but all courses that the equipment will be used. (Example: fleet of vessels) DBW wants to know lhe total number of'hours per year per course each piece of equipment will be used for basic non-competitive boating safety educatton, how many students and what population segment(s) will benefit.

Course Title(s) Using Supplies - ReplacemenVRefurbishmen t Items Course Titlels\ Usina this Eauioment
BeQinninQ DinQhY SailinQ
Intermediate Dinohv Saillno
Advanced Dinohv Sailino & Soinnaker Clinic
Parent & Me Sailino
Youth SailinQ & PaddlinQ Camo
Youth Sailino Came
ACE After Sc_hool Sailino

4. Boating Safety Courses Using Requested Equipment
Boating Safety Courses for: Supplies - ReplacemenVRefurbishmen l Items Hours per Year - Beginning 838
Hours per Year - Intermediate 21
Hours per Year - Advanced 7
Total Hours per Year 866

5. Hours Using Requested Equipment Per Year by Activity Instructions:

In the chart below, list the number of hours per year that the equipment requested in this worksheet will be used for each of the activity categories. Grant-funded equ1pment may be used for purposes other than boating safety education as follows: up to 10% for competitive activities/practices and non-boating safety activities and up lo 40% for vessel checkout. Use exceeding these thresholds will result in a prorated cost to the grantee as indicated. Grantees must be able to pay the prorated amount for the item to be considered in the grant award.

Hours Used Per Year by Activity
for:

Supplies - Replacement/Refurbishmen t Items
Boating Safety Courses 866
Other Boating Safety Activity/Events 0
Contract# C8969330, City of Newport Beach, Aquatic Center Gra~t FY 2024-25, Date: 04/09/2025 Page: 33 of 117 6-40
Exhibit A
Competitions & Practices
Non-Boating Safety Activities
Vessel Check-Outs
Total Hours
0 0
320
1,186
Competrtions & Practices and Non-Boating Safely
Activities %
Vessel Check-Outs %

0.00 (Maximum Allowed: 10%)

26.98 (Maximum Allowed: 40°/o)
If the requested item has exceeded the use acceptable use thresholds and is subject lo prorating. your organization share will be:

Is your organization able to contribute toward this item as a cost share? r Yes r No Equipment Worksheet (3)

1. Equipment List
PLEASE MAKE SURE THAT YOU HAVE READ THE INSTRUCTIONS ON THE PREVIOUS PAGE.

FAILURE TO COMPLY WITH THE INSTRUCTIONS MAY RESULT IN DISQUALIFICATION OF YOUR REQUEST .

Item: Supplies ~ Replacement/Refurbishment Items
RS Venture Slandin Ri in RS Venture Runnin
Priority
Total$ Amount for all items in
worksheet
Attach Quote(s)
8,942
42964 O 3 862 Worksheet RS Venture estimates.pdf

2. Justification for this specific equipment.

2. Instructions
Please respond to the following questions regarding this specific request.

Justification for use of: Supplies - Replacement/Refurbishment Items 2 a. Classify this request by choosing one of the following:

I" Critical (boating education operations would cease without it) r
r
Safety (equipment provides safety enhancement)
Increased Efficiency/Program Expansion (would serve more people or save staff time, etc.) r Protection (Extends life of equipment)
2 b. Provide a clear justification that explains the above deslgnation and how this request will improve your ability to educate boaters. What are the detriments to not receiving It? The RS Ventures play a critical role, especially with our beginning students. We use them for our very youngest campers, age 6 - 8, because we can put several students in the boat, accompanied by an instructor. This way students aren't in boats alone, feeling frightened and out of control. We also leach private lessons and adult learn to sail classes in the Venture, for the same reason. When a class has students in a boat alone and the instructor is following in a coach boat, the instructor must shout at students. and this can heighten students' anxiety. Not to mention that being put in a boat alone when you're learning can create lots of anxiety for a student.

Contract # 08969330, City or Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04109/2025 Page: 34 of 117 6-41
Exhibit A
The Venture is the perfect boat for multiple students to learn in a relaxed environment with an instructor right there answering questions. For this reason , ii is the boat we've chosen to teach our adaptive sailing lessons . Not only can the boat be modified with adaptive equipment, but an instructor can ride along as well as family members. This makes it a fun experience for everyone .

The Venture is a keel boat so it's a stable platform for beginning teachlng.

Without the Ventures , we'd lose a key componenl to our beginning boating safety instruction. We'd have to eliminate the camps for the 6-8-year-olds because our other boats don't suit this age group.

We've had these city-owned RS Ventures for 10 years , and they've provided hundreds or hours or boating safety lessons. It's lime for an overhaul and refurbish of these boats for safety reasons and to prolong longevity. The lines need lo be replaced so they run smoothly , and the standing rigging lhat keeps the mast upright needs to be replaced. As a boat ages, the stays (standing rigging/wires) that keep the mast upright start to stretch and fray. Not replacing the rigging could cause the mast to come down accidentally ,
Finally, the Ventures need bottom paint. Any boat that lives In salt water must have this protective bottom paint to prevent growth - at reasl every three years at longest. 2 c. Discuss why this particular type or model works best for your program.

The runnrng and standing rigglng, as well as the sails are all made by the RS manufacturer , specifically for the RS Venture. For the bottom paint, we've acquired the most cost effective quote from a local shipyard.

I ran out of room in the justification above, so I'm finishing the bottom paint justification in this sectlon .

Any boat that lives in sail water musl have this protective bottom paint to prevent growth - at least every three years at longest. Without the bottom paint , barnacles and mussels drill holes into the hull and attach themselves, which makes the boat impossible to sail. The hull starts taking on water and turns to soft mush .

If you left the boat in the waler for five years with no new bottom paint, the boat would no longer be usable and would have to be junked. However, with the appropriate care of our Ventures , these boats should last well into another 10 years of our program . There will be no need to purahase other boats. The current price of an RS Venture is between $24,000 and $26,000 . To replace two boats, that's a minimum of $48,000. The cost of the bottom paint, $3000 , Is relatively inexpensive insurance to prolong the longevity of these boats.
2 d. How long do you expect to use this
equipment?
2 e. If this request is for a replacement item,
how old is the equipment you want to
replace? (If not applicable , enter N/A.)
2 f. Provide the estimated number of people
who will use the equipmen t during ifs
estimated lifetime.

3. Course Titles Using this Equipment
We'll use this equipment for the nexl 11 years of the
Ventures ' lives.

The equipment will be at least 11 years old in 2026 by
the time this equipment is installed .

We plan to use the Ventures more and more for our
programming , especially with the start of our adaptive sailing. At the current rate of students, some 2,068
students will benefit from learning in the Ventures .

Please complete the equipment detail and population segment charts below listing not only the piece of equipment, but all courses that the equipme nt will be used. (Example: neet or vessels) DBW wants to know the total number of hours per year per course each piece of equipment will be used for basic non-competitive boating safety education , how many students and what population segment(s) will benefit.

Course Title(s) Using Supplies - ReplacemenVRefurbishment Items Course Tltle(sl Usina this Eauioment
Youth SallinQ & PaddlfnQ Camp
Youth Sailino Camp
Adaotive Sailina
Contract # C8969330. City of Newpor1 Beach, Aquatic Center Grant FY 2024-25 . Dale: 04/09/2025 Page; 35 of 117 6-42
Exhibit A

4. Boating Safety Cour ses Using Requested Equ ipment
Boati ng Safety Courses for : Supplies - Replacement/Refurbishment Items Hours per Year - Beginning 192
Hours per Year - Intermediate o
Hours per Year - Advanced O
Total Hours per Year 192

5. Hours Using Requested Equipment Per Year by Activity Instructions:

In the chart. below, list the number of hours per year that the equipment requested in this worksheet will be used for each of the activity categorfes, Grant-funded equfpment may be used for purposes other than boating safety education as follows: up to 10% for competitive activities/practices and non-boa ling safety activities and up lo 40% for vessel checkout. Use exceeding these thresholds will result In a prorated cost lo the grantee as Indicated. Grantees must be able to pay lhe prorated amount for the item lo be considered in lhe grant award.

Hours Used Per Year by Act ivity
for:

Supplies - Replacement/Refurbishment Items
Boating Safety Courses 192
Other Boaling Safety Activity/Events O
Competitions & Practices O
Non-Boating Safety Actfvities O
Vessel Check-Outs 1 O
Total Hours 202
Competitions & Practices and Non-Boating Safety
Activities%
Vessel Check-Outs %

0.00 (Maximum Allowed: 10%)

4.76 (Maximum Allowed: 40%)
If the requested item has exceeded the use acceptable use thresholds and is subject to proratlng, your organization share will be:

Is your organization able lo contribute toward this item as a cost share? r- Yes r No Equipment Worksheet (4)

1. Equ ipment Ust
PLEASE MAKE SURE THAT YOU HAVE· READ THE INSTRUCTIONS ON THE PREVIOUS PAGE.

FAILURE TO COMPLY WITH THE INSTRUCTIONS MAY RESULT IN DISQUALIFICATION OF YOUR REQUEST .

Item :

Priority
Total $ Amount for all items in
worksheet
Supplies - Safety Items
1,639
Contract# C8969330, City of Newport Beach , Aquallc Center Grant FY 2024-25 , Date: 04/09/2025 J22 loe ran I
Page: 36 of 117
6-43
Exhibit A
Attach Quote(s) 42964 0 4 854 Worksheet J22 toe rail estimate.pdf

2. Justification for this specific equipment.

2. Instructions
Please respond to the following questions regarding this specific request.

Justification for use of: Supplies - Safety Items
2 a. Classify this request by choosing one of the following:
r Critical (boating education operations would cease without it) • Safety (equipment provides safety enhancement)
r Increased Efficiency/Program Expansion (would serve more people or save staff lime, etc.) r Protection (Extends life of equipment)
2 b. Provide a clear justification that explains the above designation and how this request will improve your ability lo educate boaters . Whal are the detriments lo not receiving ii? Our J22's are a critical component of our boating safety program and w1thoul an overhaul of the J22 fleet we would lose one of our main, most highly utilized platforms for educating boaters. We've scheduled a three-year overhaul of these boats , which includ ed mainsails and jibs , standing rigging and running rigging in the last two year's grants . This year we're focused on finalizing the overhaul by replacing the safety toe rail and hauling the J22s for a bottom paint, which I'll address tn a separate workshee L
This safely toe rail made from a durable plastic material Is placed around the bow top deck. Its intent is lo prevent anyone working on the bow from slipping overboard . Students work on the bow when rigging or derigging the boat or during sailing for multiple purposes whether it's flying a sail, working the whisker pole or bringfng down a jib. The front deck ls always slippery especially when it gels wet, which is most of the lime. If someone slips this toe rail catches them from going overboard , so it's a critical piece of safety equipmen t on the J22.
2 c. Discuss why this particular type or model works best for your program.

We searched for a year lo find this product as the original manufacturer had stopped producing it.

We checked with every known J22 fleet, and no one had any idea where to purchase this toe rail.

Finally, we found it at Vela and are purchasing a portion In order to fix damage that our boats sustained.
2 d. How long do you expect lo use this
equipment?
2 e. If this request is for a replacement item,
how old is the equipment you want to
replace? (If not applicable, enter NIA.)
2 r. Provide the estimated number of people
who will use the equipment during its
estimated lifetime .

The J22's are 15 years old, and this is the first time that we've replaced the toe rail. It's tough material but it's beginning lo separate in certain spots from the deck, so we'll remove those sections that have been damaged or
compromised and replace it with solid toe rail to prevent accidenta l man overboards . It's expected that this
replaced toe rail will last another 15 years , short of any unexpec ted damage .

The toe rail is 15 years o·ld as it came with the original purchase of the J22s.

As I mentioned the J22s are a key instruction platform
for our boating safely program. Approximately 1094
people use the J22s during the course of a year, so in
15 years, that's about 16, 41 O people who will learn
boating safety on the J22s.

Contract # C8969330, City or Newport Beach, Aquatic Center Grant FY 2024-25, Dale: 04/09/2025 Page: 37 of 117 6-44
Exhi bit A

3. Course Titles Using this Equipment
Please complete the equipment detail and population segment charts below listing not only the piece of equipment, but all courses that the equipment will be used. (Example: Heel of vessels) DBW wants to know the total number of hours per year per course each piece of equipment will be used for basic non-competitive boating safety education . how many students and what population segment(s) will benefit.

Course Title(s) Using Supplies - Safety Items
Course Title/sl Usina this Eauloment
Exolore the J22
Beciinnina Keelboat Sailinci
Intermediate Keelboat Sallinq.

Ocean & Soinnaker Keel Class
Private Lesson

4. Boating Safety Courses Using Requested Equipment
Boating Safety Courses for: Supplies - Safety Items
Hours per Year - Beginning 453
Hours per Year - Intermediate 123
Hours per Year - Advanced 91
Total Hours per Year 667

5. Hours Using Requested Equipment Per Year by Activity Instructions:

In the chart below, list the number of hours per year that the equipment requested In this worksheet will be used for each of the activity categories. Grant-funded equipment may be used for purposes other than boating safety education as follows: up to 10% for competrtrve activities/practices and non-boating safety activities and up to 40% for vessel checkout. Use exceeding these thresholds will result in a prorated cost to the grantee as Indicated. Grantees must be able to pay the prorated amount for the item to be considered in the grant award.

Hours Used Per Year by Activity
for:

Supplies - Safety Items
Boating Safety Courses 667
Other Boating Safety Activity/Events O
Competitions & Practices 0
Non-Boating Safety Activities 0
Vessel Check-Outs 351
Total Hours 1,018
Competitions & Practices and Non-Boating Safety
Activities%
Vessel Check-Outs %

0.00 (Maximum Allowed: 10%)

35.74 (Maximum Allowed: 40%)
If the requested item has exceeded the use acceptable use thresholds and is subject to prorating, your organization share Will be:

Contract # C8969330, City of Newport Beach. Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 38 of 117 6-45
Exhibit A
ls your organfzation able to contribute toward lhis item as a cost share? r Yes r No Equipment Worksheet (5)

1. Equipment List
PLEASE MAKE SURE THAT YOU HAVE READ THE INSTRUCTIONS ON THE PREVIOUS PAGE.

FAILURE TO COMPLY WITH THE INSTRUCTIONS MAY RESULT IN DISQUALIFICATION OF YOUR REQUEST.

Item:

Priority
Total$ Amount for all items in
worksheet
Attach Quote(s)
Supplies - ReplacemenVRefurbishment Items
J22 Bottom Paint!
8,257
42964 0 5 551 Balboa Boat Yard 4 J22 quote,pdf

2. Justification for this specific equipment.

2. Instructions
Please respond to the following quest ions regarding this specific reques t.

Justification for use of: Supplies - Replacemenl/Refurbishment Items 2 a. Classify lhis request by choosing one of the following :

I" Critical (boating educatfon operations would cease without it) r- Safety (equipment provldes safety enhancement)
Increased Efficiency/Program Expansion (would serve more people or save staff time, etc.) Protection (Extends life of equipment)
2 b. Provide a clear justification that explains the above des1gnation and how this request will improve your ability to educate boaters. What are the detriments to not receiving it? We're on the thtrd year of a three-year overhaul of the city-owned J22s, which provide a safe boating platform for more than 1000 people every year. So far, thanks to the grant funding, we've purchased new sails, redone all the lines and halyards and are in the process of lowering masts to put in new standing rigging.

The final component of this overhaul is lo get the boats bottom pafnted, which is critical to the longevity of these boats. We are requesting funding for only four of the six boats, as there was some uncertainty wrthin DBW as to whether this would be supported . Bottom pa1nt is a critical item for our program, which supports 11 boats that need bottom paint. We're requesting that DBW split costs on bottom paint for the J22s.

Bottom paint manufacturers say that the paint lasts for one year, but our shipyard Balboa Boat Yard rolls the paint onto the boats, which doubles the film that the manufacturer suggests. Balboa Boal Yard recommends bottom paint every 1.5-2 years. Our J22s were last bottom painted three years ago.
lf a boat doesn't get bottom paint, at about three years , more than soft algae, for which we clean every month, starts attaching to the hull of the boat. The bottom paint disappears and hard items like barnacles , mussels and critters attach themselves to the bottom of the boat, drilling little holes into the boat. These roots and holes in the boat create water leaks and make the hull of the boat turn soft, like a pillow. After about live years, we'll have to junk the boats, and we'll be requesting a new fleet of J22s. A new J22 can cost about $19,000 ; slx new boats will be $114,000 which is cost prohibitive.

Contract# C8969330, City of Newport Beach. Aquatic Center Grant FY 2024-25 , Date: 04/09/2025 Page; 39 of 117 6-46
Exhibit A
2 c. Discuss why this particular type or model works best for your program.

Balboa Boat Yard is our local shipyard and provides the most cost-effecllve pricing for haul out and bottom paint.

We'd like lo keep using this fleet of J22s for at least another 15 years, and bottom paint is relatively cheap insurance. It's critical lo prolonging the life of this fleet upon which our program relies. Quite frankly, without being able to offer beginning sailing lessons aboard the J22, there's a good chance our boating safety program would grind to a hall.
2 d. How long do you expect to use this
equipment?
2 e. If this request is for a replacement Item,
how old is the equipment you want to
replace? (If not applicable , enter NIA.)
2 f. Provide the estimated number of people
who will use the equipment during its
estimated lifetime.

3. Course Titles Using this Equipment
Another 15 years
The bottom paint is currently three years old, so il has surpassed the life of the current bottom paint.

Approximately 1094 people use the J22s during a year,
so in 15 years. that's at least 16, 41 O people who would be uslng the boats.

Please complete the equipment detail and population segment charts below listing not only the piece of equipment, but all courses that the equipment will be used. (Example: fleet of vessels) DBW wants to know the total number of hours per year per course each piece of equipment will be used for basic non-competitive boating safety education, how many students and what population segment(s) will benefit.

Course Title(s) Using Supplies - Replacement/Refurbishment Items Course Title/sl Usina this Eauioment
Exolore the J22
BeqinninQ Keelboat Sailinq
Intermediate Keelboat Sailino
Ocean & Soinnaker Keel Class
Private Lesson

4. Boating Safety Courses Using Requested Equipment
Boating Safety Courses for: Supplies - Replacemenl/Refurbishmenl Items Hours per Year - Beginning 453
Hours per Year - Intermediate 123
Hours per Year - Advanced 91
Total Hours per Year 667

5. Hours Using Requested Equipment Per Year by Activity Instructions :

In the chart below, list the number of hours per year that the equipment requested in this worksheet Will be used for each of the activity categories. Grant-funded equipment may be used for purposes other than boating safety education as follows: up lo 10% for competitive activities/practices and non-boating safety activities and up lo 40% for vessel checkout. Use exceeding these thresholds will result in a prorated cost lo the grantee as indicated. Grantees must be able to pay the prorated amount for the item Lo be considered 1n the grant award.

Hours Used Per Year by Activity
for:

Supplies - Replacement/Refurbishment Items
Contract # C8969330 , City of Newport Beach, Aquatic Center Grant FY 2024-25 , Date : 04/09/2025 Page: 40 of 117 6-47
Exhibit A
Boating Safety Courses 667
Other Boating Safety Activity/Events O
Competitions & Practices O
Non-Boating Safety Activities O
Vessel Check-Outs 351
Total Hours 1,018
Competitions & Practices and Non-Boating Safety
Activities%
Vessel Check-Outs %

0.00 (Maximum Allowed: 10%)

35.35 (Maximum Allowed: 40%)
If the requested item has exceeded the use acceptable use thresholds and is subject to prorating, your organization share will be:

Is your organization able to contribute toward this Item as a cost share? r Yes r No Equipment Worksheet (6)

1. Equipment List
PLEASE MAKE SURE THAT YOU HAVE READ THE INSTRUCTIONS ON THE PREVIOUS PAGE.

FAILURE TO COMPLY WITH THE INSTRUCTIONS MAY RESUL T IN DISQUALIFICATION OF YOUR REQUEST.

Item:

Priority
Total $ Amount for all items in
worksheet
Attach Quote(s)
Supplies - ReplacemenVRefurbishment Items
Stand Up Paddleboard Paddles !
2 3,919
42964 0 6 912 Worksheet SUP paddle estimate.pdf

2. Justification for this specific equipment.

2. Instructions
Please respond to the following quest ions regarding this spec ific request.

Justification for use of: Supplies - ReplacemenVRefurbishment Items 2 a. Classify this request by choosing one of the following:
c:' Critical (boating education operations would cease without it) r Safely (equipment provides safety enhancement)
r Increased Efficiency/Program Expansion (would serve more people or save staff time. etc.) r Protection (Extends life of equipment)
2 b. Provide a clear justification that explains the above designation and how this request will improve your ability to educate. boaters. What are the detriments to not receiving It? We have operated SUP padd ling for 15 years at Marina Park. With each SUP drop-in outing, staff provides a comprehens ive boating safety orientation, as is explained in the Course Check Sheet.

This past year we provided 2,131 boating safety orientations. We also use this paddling equipment for our Youth Sailing & Paddling Camp. This past year, that camp had 129 registrants. Over the Contract # C8969330, Cily of Newport Beach, Aquatrc Center Grant FY 2024-25, Date: 04/09/2025 Page: 41 of 117 6-48
Exhibit A
course of the past 10 years since we bought the SUP paddles, that's approximately 22,600 people we've put on the water paddling safely . Because we're a saltwater and sand environment , we take precautions ih rinsing paddles immediately and storfng them neatly out of the sun. We also periodically separate, flush and wax the paddles so there's no residual salt or sand inside the paddle.

However, wfth normal wear and tear, some of the paddles are beginning to show signs of corrosion and weakness. It's time to begin trading out the heavlly used paddles, so they don't break during an outing, leaving a paddler stranded, Without these paddles, paddling will cease, and we won't be able to teach paddling boating safety.
2 c. Discuss why !his partic\Jlar type or model works best for your program.

Our original SUP paddles came from this local manufaclurer, Quickblade, and they're giving us a 50 percent discount on the purchase of these paddles. No other vendor can match that. 2 d. How long do you expect to use this
equipment?
2 e. If this request is for a r~placement item,
how old is the equipment you want to
replace? (If not applicable, enter NIA.)
2 f. Provide the estimated number of people
who will Use the equfpment during its
estimated lifetime.

3. Course Titles Using this Equipment
Our current SUP paddles have lasted for 10 years, so
we plan to keep this next set of paddles at least for the next 10 years.

Our current SUP paddles are 10 years old.

Each year we put at least 2131 paddlers on the water,
some of these are kayakers. Add lo that more than 100
paddlers in our sailing and paddling camps each year.

In ten years' lime, that's 22,600 paddlers using this
equipment.

Please complete the equipment detail and population segment charts below listing not only the piece of equipment, but all courses that the equipment will be used. (Example : neat of vessels) DBW wants to know the total number of hours per year per course each piece of equipment will be used for basic non-competitive boating safety education, how many students and what population segment(s) will benefit.

Course Title(s) Using Supplies • ReplacemenURefurbishment Items

4. Boating Safety Courses Using Requested Equipment
Boating Safety Courses for: Supplies • Replacement/Refurbishment Items Hours per Year• Beginning 2,260
Hours per Year• Intermediate 0
Hours per Year - Advanced 0
Total Hours per Year 2,260

5. Hours Using Requested Equipment Per Year by Activity Instructions:

In the chart below, list the number of hours per year that the equipment requested in this worksheet will be used for each of the activity categories . Grant-funded equipment may be used for purposes other than boating safety education as follows: up to 10% for competltrve activities/practices and non-boating safety acttvities and up to 40% for vessel checkout. Use exceeding these thresholds will result iri a prorated cost to the grantee as Conlract # C8969 330, City of Newport Beach , Aquati c Center Grant FY 2024-25. Date: 04109/2025 Page: 42 of 117 6-49
Exhibit A
indicated . Grantees must be able to pay the prorated amount ror the item to be considered in the grant award.

Hours Used Per Year by Activity
for:

Supplies - Replacement/Refurbishment Items
Boating Safety Courses
Other Boating Safety Activity/Events
Competitions & Practices
Non-Boating Safety Actlvlties
Vessel Check-Outs
Total Hours
2,260
0 0
0 0
2,260
Competftions & Practices and Non-Boating Safety
Activities %
Vessel Check-Outs %
(Maximum Allowed: 10%)
(Maximum Allowed : 40%)
If the requested Item has exceeded the use acceptable use thresholds and is subject to prorating, your organization share will be:

Is your organization able to contribute toward this item as a cost share? r Yes r No Equipment Worksheet (7)

1. Equipment List
PLEASE MAKE SURE THAT YOU HAVE READ THE INSTRUCTIONS ON THE PREVIOUS PAGE.

FAILURE TO COMPLY WITH THE INSTRUCTIONS MAY RESULT IN DISQUALIFICATION OF YOUR REQUEST.

Item:

Priority
Total$ Amount for all items in
worksheet
Attach Quote(s)
Modular Docking
40 cubes of CanDOCK I
2 4.931
42964 0 7 267 Worksheet Candock estimate.pdf

2. Justification for this specific equipment.

2. Instructions
Please respond to the following questions regarding this specific request.

Justification for use of: Modular Docking
2 a. Classify this request by choosing one of the following :
r. Critical (boating education operations would cease without it) r Safety (equipment provides safety enhancement)
1 Increased Efficiency/Program Expansion (would serve more people or save staff lime, etc.) r Protection (Extends life or equipme nt)
2 b. Provide a clear justification that explains the above desig nation and how this request will improve your ability to educate boaters . Whal are the detriments to not receiving it? Contract # C89693 30, City of Newport Beach. Aquatic Center Grant FY 2024-25 . Date: 04/09/2025 Page: 43 of 117 6-50
Exhibit A
Marina Park and Its docks were built in 2015. Since then, we've served thousands or people learning about boating safely. We use the docks for the sailing instruction in all our classes , with practicals and demonstrations . Students practice rigging and derigging , steering, and they roll and fold sails - all on our docks. We also keep all our dinghies hauled on to lhe Candock and, through the course of the years, there's been normal wear and tear destroying a handful of these modular docking cubes .

Some have slices in them, others are growin9 weak, so for safety purposes , we'd like lo trade out 40 of these cubes. This will preserve the dock and prevent customers from stepping through holes, injuring themselves.
2 c. Discuss why this particular type or model works best for your program.

We have to use this model because a large portion of our dock consists or these cubes made by this specific manufacturer. We can preserve the remainder of the dock by inserting these cubes into the more highly trafficked areas of the dock .
2 d. How long do you expect to use this
equipment?
2 e. If this request is for a replacement item,
how old is the equipment you want to
replace? (If not applicable, enter NIA.)
2 f. Provide the estimated number of people
who will use the equipment during its
estimated lifetime.

3. Course Titles Using this Equipment
These cubes have last 10 years, so we expect that we
can extend the use of the entire dock by at least
another 1 o years by replacing just these specific.
damaged cubes.

The cubes are 10 years old.

In a year, our docks see at least 1,957 sailing students .

Over the course of another 10 years, that's at least
19,570 people.

Please complete the equipment detail and population segment charts below listing not only the piece of equipment, but all courses that the equipment will be used. (Example: fleet of vessels) DBW wants to know the total number of hours per year per course each piece of equipment will be used for basic non-competitive boating safety education, how many students and what population segment(s) will benefit.

Course Title(s) Using Modular Docking
Course Title(sl UsinA this Eauioment
Beainnino Dinahv Sallino
Intermediate Dinahv Sailino
Advanced Dinqhy Sailinq & Spinnaker Clinic
Explare the J22
Bealnnina Keelboat Sailina
Intermediate Keelboat Sallinq
Ocean & Soinnaker Keel Class
Parent & Me Sailina
Youth Sailina & Paddlina Garno
Youth Sailino Camp
ACE After School Sailin_o
Private Lesson
Adaotive Sailinq

4. Boating Safety Courses Using Requested Equipment
Contract# 08969330 , City of Newport Beach, Aquatic Center Grant 'FY 2024-25 , Date: oq/0912025 Page: 44 of 117 6-51
Exhibit A
Boating Safety Courses for: Modular Docking
Hours per Year - Beginnin,g 1,325
Hours per Year - Intermediate 144
Hours per Year - Advanced 98
Total Hours per Year 1,567

5. Hours Using Requested Equipment Per Year by Activity Instructions:

In the chart below. list the number of hours per year that the equipment requested in this worksheet will be used for each of the activity categories. Grant-funded equipment may be used ror purposes other than boating safety education as follows: up to 10% for competitive activitie s/practices and non-boating safely activities and up to 40% for vessel checkout. Use exceeding these thresholds will result in a prorated cost to the grantee as indicated. Grantees must be able lo pay the prorated amount for the item to be considered in the grant award.

Hours Used Per Year by Activity
for:

Modular Docking
Boating Safety Courses 1,567
Other Boating Safely Activity/Events 0
Competitions & Practices O
Non-Boating Safety Activities O
Vessel Check-Outs 320
Total Hours 1,887
Competitions & Practices and Non-Boating Safety
Activities%

0.00 (Maxlmum Allowed: 10%)
Vessel Check-Outs % 16.96 (Maximum Allowed: 40%)
If the requested item has exceeded the use acceptable use thresholds and is subject to prorating, your organization share will be:
ls your organization able to contribute toward this item as a cost share? r Yes r No Contract # C8969330, City or Newport Beach. Aquatic Genier Grant FY 2024-25, Date: 04/09/2025 Page: 45 of 117 6-52
Exhibit A
Exhibit A Section Ill - Scholarship
Scholarship - Instructions

PLEASE READ THE FOLLOWING CAREFULLY

ENTER INFORMATION IN THIS SECTION ONLY IF YOU SELECTED 'SCHOLARSHIP' AS A PROPOSAL TYPE

IF YOU DID NOT SELECT 'SCHOLARSHIP' AS A PROPOSAL TYPE, CLICK ON THE NEXT TAB TO

NAVIGATE TO THE NEXT SECTION

1. Scholarship Request - Worksheet (1)

1. Scholarship Request - Worksheet
Provide lhe following information for each course in your scholarship request.

In the ahart below, list the course title, and the number of students you will serve. If !here is a cost range of scholarship awards, list the range in the "Additional Information" column .

Scholarship Courses Requested
Course Title
If there is a cost range of scholarship
awards, list the range in the "Additiona l
Information"
Total Amount Requested
If applicable, 11st the cost range of
scholarships , indirect cost rates, or other
explanatory information

2. Population Segment Receiving Scholarships
Population Segment ReceivinQ
Scholarships for:

General public over 18
General public under 18
College Students/ Alumni
Disabled
Specific School/ Youth Groups
Other Specific Population
Total Students

3. Instructional Level of Course Requested
Adaptive Sailing
$225-$450
4,500 .00
Range: $225-$450
$225-$450 1
For each adaptive class , because of the complexity al teaching people with disabilities, we will provide two instructors . Thal increases the cost of the class for a demograph ic that is sometimes already financially challenged . For those students who are able to pay a portion of a $450 class. we'll award a partial scholarship , for others , we'll award close lo the full amount.

Adaptive Sailing
0 0
0 15
0 0
15 Contract# C8969330. City of Newport Beac~. Aquatic Center Grant FY 2024-25, Date; 04/09/2025 Page: 46 of 117 6-53
Exhibit A
In the chart below, list the percentage of time spent in each learning level Boating Safely Courses for:

Percentage of Time per Single Course -
Beginning
Percentage of Time per Single Course -
Intermediate %
Percentage of Time per Single Course -
Advanced%
Total Percentage of Time per Single
Course

4. Method(s) used to establish financial need
Method(s) used to establish financial
need
Adaptive Sailing
100.00

0.00 0.00
100.00
Adaptive Sailing

3. What methods do you use to establish either the financial or safety need for scholarship requests? Ffnancial: List the methods that you use lo determine needs for awarding scholarships . Financial examples might include using the free lunch program , Tille One schools . incorne tax verification, etc.

Safety Need: If you are awarding scholarsh ips based on safety, explain why lowering the cost of a particular i;ourse or courses at your center benefits boating safety education . Is a particular type of boating causing accidents. etc. Use supporting documentation , such as accident statistics or other safety fnformation to further establish need.

The City of Newport Beach is intent upon .providing boatin.g safety education for lhe public in an inclusive manner. To date, we've had a handful of students with disabilities in our able-bodied sailing classes. But these classes aren't equipped specifically for people with disabilities, nor are the classes staffed with instructors who have specific adaptive training. This year, thanks to grant funding, the City hosted a US Sailing Adaptive Instructor Workshop here at Marina Park. Five of our nstructors participated in the comprehensive three-day training .

The take-away from this training is that we want to start slowly with the adaptrve classes we offer.

There are many complexities teaching people wlth disabilities how to sail, so we've decided to start with offering prfvate lessons for people with any kind of disability, cognitive or physical. Two instructors will 'be needed for each lesson, making the price for a three-hour class about $450.

These lessons will be designed to include families and loved ones, so the person with the disability doesn't have to participate alone . No one wants to pursue a boating activity alone , as this is an adventure to be enjoyed with friends .

The City intentionally prices all its boating safety classes so that they're attainable for the general public, and people aren't priced out. However , for a person with a disability , there are other mitigating factors which can impede their financial ability to participate . Many people with disabilities are unable to work so their income is llmited . Wheelchairs, prosthetics, medical care, support staff, transportation complexities all add to the expense of their daily lives. Add to that, the desire to participate surrounded by family and friends , and that adds an additional cost to exploring a boating safety educational adventure.

In conversations with groups that have a history of providing adaptive sports, including sailing , the over-riding message is to be inclusive with programming, making -any adaptive boating safety class Contraot # C8969330, City of Newport Beach, Aquatic Conter Gran! FY 2024-25, Dato: 04/09/2026 Page: 47 of117 6-54
Exhibit A
open to anyone - not just the person with a disability . Each organization , in our research , agreed with the premise that you should charge something for each class to add value, but to not charge regular pricing, as it would drive participants away. USARC, Achieve Tahoe, and the US Sailing Center in Long Beach all agreed that the City should charge a nominal fee, but to make access as simple and cost-effective as possible - which requires a scholarship.

While the City won't check financial records of participants, the fact is that a person with a disability has many more barriers than an able-bodied person to taking a boating safety class. This doesn't mean that they won't be boaters, enjoying friends' boats and time on the water. But the City wants to make it as accessible as possible for someone with financial barriers to take a boating safety class, preparing them for the day they find themselves on the water. And, every adaptive organization we spoke with said the person with the disability won't participate alone, but they'll want their family and friends participating with them - which adds additional cost that the City wants to help defray.

It goes without saying that people with disabilities are no different than able-bodied people and want to enjoy all the same activities. So, they will access the water with friends in boating activities. This is our opportunity to provide boating safety education - without any financial barriers - so that they are well prepared for the days that they venture onto the water in their personal boating outings .

1. Scholarship Request - Worksheet (2)

1. Scholarship Request - Worksheet
Provide the following information for each course in your scholarship request. ln the chart below, list the course U!le, and the number of students you will serve, If there is a cost range of scholarship awards, list the range i(l the ''Additional Information' ' column.

Scholarship Courses Requested
Course Title
If there is a cost range of scholarsh ip
awards, list the range in the "Additional
Information"
Total Amount Requested
If applicable, list the cost range of
scholarships , indirect cost rates, or other
explanatory information

2. Population Segment Receiving Scholarships
Population Segment Receiving
Scholarships for:

General public over 18
General public under 18
ACE After School Sailing
$75-$1501
$75-$150
1,500.00
Cost Range : $75-$150
The City teaches an after school sailing class for the elementary school across the street. We've had several requests for scholarship funding. These "ACE" classes are 5-6-week , three hour sessions that cost about $365 - $440. We'll provide assistance based upon need.

ACE After School Sailing
0 0
Contract -fl C8969330. City of Newport Beac11. Aquatic Center Grant FY 2024-25•, Date: 04/09/2025 Page: 48 of 1 i7 6-55
College Students/ Alumni
Disabled
Specific School/ Youth Groups
Other Specific Population
Total Students

3. Instructional Level of Course Requested
Exhibit A
0 0
20 0
20 In the chart below, list the percentage of time spent in each learn1ng level Boating Safety Courses for:

Percentage ofTime per Single Course -
Beginn[ng
Percentage of Time per Single Course -
Intermediate %
Percentage of Time per Single Course -
Advanced%
'Total Percentage of Time per Single
Course

4. Method(s) used to establish financial need
Method(s) used to establish financial
need
ACE After School Sailing
100.00

0.00 0.00
100.00
ACE After School Sailing

3. Whal methods do you use to establish either the financial or safety need for scholarship requests? Financial: List the methods that you use to determine needs for awarding scholarships. Financial examples might include using the free lunch program, Title One schools, income tax verification, etc.

Safety Need: If you are awarding scholarships based on safety, explain why lowering the cost of a particular course or courses at your center benefits boating safety education. Is a particular type of boating causing accidents, etc. Use supporting documentation, such as accident statistics or other safety information to further establish need.

The City provides many different "ACE" (After Class Enrichment) classes throughout our Newport. Mesa School District. We work closely with the local school Newport Elementary , whose students register for the ACE After School Sailing class at Marina Park . We'll let the school administrators l<now that we have some scholarship funding for those that are in need , and we'll take. directive from the school. They know , through their verification methods , which students could benefit from financial assistance .

This school is on the beach - actually . It's campus is on the ocean front with a blacktop on top of the sand. It's safe to say that the majority of these students who attend this school will find themselves on boats with family and friends. Our after school sailing class is a convenient way for these children to gain boating safety knowledge for their future outlngs . We pick up students after school and walk them two blocks to Marina Park - easy for parents as they don't have to deliver students to Marina Park . It would be a shame that any student missed out on this boating safety opportunity because they couldn't afford it. We'd like to mitigate that
Contract # C8969330, City of Newport Beach , Aquatic Center Grant FY 2024, 25, Dale; 04/09/2025 Page: 49 of 117 6-56
Exhibit A
Contract# C8969330 , City of Newport Beach, Aquatic Center Granl FY 2024-25 , Dale: 04/09/2025 Page: 50 of 117 6-57
Exhibit A
Curriculum Check Sheets
Aquatic Grant Curriculum Check Sheets • Instructions
1,

2. You may use the " Copy " button to duplicate Year-One information and then make any change , if needed .

PLEASE READ THE FOLLOWING CAREFULLY

ENTER INFORMATION IN THIS SECTION ONLY IF YOU SELECTED 'EQUIPMENT' AND/OR 'SCHOLARSHIP' AS A PROPOSAL TYPE
Create a course curriculum check sheet for any course that is listed eith er in Section 2 of your Equipment Worksheet or Section 1 of the Scholarship Worksheet.

IF YOU DID NOT SELECT 'EQUIPMENT' AND/OR 'SCHOLARSHIP ' AS A PROPOSAL TYPE, CLICK ON

THE NEXT TAB TO NAVIGATE TO THE NEXT SECTION
Aquatic Grant Curr icul um Check Sheet (1)
Course Title
Course Location (Body of
Water):

Beginning Dinghy Sailing
Newport Harbor

3. Type of Water:

4. 5.

6. ,- Lake - Calm Lake - Choppy
' Coastal Waters - Some Waves. r River - Class 1-2
or Rough
Type of Activity:
~ Sailing r Windsurfing r Motorboat r
r Kayak-Sea r Kayak-WW r Kayak-$ on r
T
Course developed by
~ Aquatic Center r ACA
PWC
Canoe
r US Sailfng / ASA Powerboating r NASBLA Approved
r
Coastal Waters - Protected
Harbor, Calm Water
River - Class 3 and Above
r Tow Sport
r SUP
r Rowing
r Raftfng
r
US Sailing / ASA
Other
Course Prerequisites: No prior sailing experience needed. Participants must be able lo swim 50 yards. Sufficient agility needed to move about safely in the boat.

7. Instructor Certifications: List the quallficationslcertificalions that the lead and assistant instructors must have to teach this course.

Instructor Tvoe Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Small Boal Level 1 Certificallon Other Instructor Certifications US Sailing Small Boat Level 1 Certification

8. Length that a single student spends In 1his Course (Days): 4 Total Hours 14.00

9. BOATING SAFETY EDUCATION ELEMENTS
COURSE OBJECT IVES (Enter the time spent of each segment of the course for secl1ons 9 and 10. Do not include tlme spent on meals or travel)
Contract # CB969330 , City of Newport Beach , Aquatic Center Granl FY 2024-25 , Date; 04/0912025 Page: 51 of 117 6-58
10 A. GENERAL EDUCATION
Check all that apply
rv PfDs(types and fitting)
p Swim / Water Comfort Check
rv Emergency Procedures
p Hypothermia Precautlons
p Accident Reporting
Exhibit A
p Boating Safety Related STEM / STEAM
B.
c.
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
P Right of Way
~ Buoys/Channel Markers
r Local Rules
r Other:

VESSEL OPERATION/ HANDS-ON

TRAINING
Check all that apply
17 Equipment Orientation
P Practical Application Skills
rv Technique & Maneuvers
l7 Rigging
r Other:

NON-BOA TING SAFETY EDUCATION

ELEMENTS
Check all that apply
r Non-Boatfng Safety Related STEM/STEAM
r Non-Boating Related Learning Games
r Toxic Products
r Other:

1.50 Total Ttme Allotmen t: (Hours)
P Proper Clothing / Sunscreen / Hydration
P Communication Methods
P Weather Conditions
P Water Condit1ons and Hazards
P Float Plans
R' Boating Under the Influence

1.75 Total Time Allotment:
(Hours)
17 Signals/Signs/Lights
P Collision Avoidance
P Safe Speed

10.50 Total Time Allotment: (Hours)
P Care of Equipment
p MOB/Capsize Drills
P Boarding / Disembarking
P Boating Related Learning Games

0.25 Total Time Allotment: (Hours)
P All Environmenta l Education
17 Cultural / Historic Education
r Other Education
Total Course hours nol including Meals/ Travel: 14.00
11 , EVALUATION:

A. NASBLA approved test: , Yes (';' No
B. If no NASBLA-Approved Testing, please answer the following:
r We conduct a test that includes both a written exam and on-the-water skill evaluation. r We use another comprehensive written test to determine course pass/fail and/or advancement to next level.

Contract# C8969330 , City of Newport Beach, Aquallc Center Grant FY 2024-25 . Date : 04/0912025 Page: 52 of 117 6-59
Exhibit A
r; We don't offer a written test, but there is an on-the-water skills based test given to determine course pass/fail and/or advancement to next level.
r We have an informal type of on-the-waler skills assessment, but It is not used lo advance the student or determine a pass/fail grade.
r We have no evaluation methods.
c. If you selected 11 B, 1-4, describe the test This class is unique because it can be taken at least a couple of or skills evaluation times and, in fact, instructors often recommend that students retake this class before they move along to Intermediate Dinghy.

Students move at different paces learning how to sail and some don't catch on as quickly as others. Instructors will determine on the water if students have mastered all the basics of sailing, watching as students sail on all points of sail, looking for demonstration of critical knowledge, like wind direction, docking, rigging, tacking, jibing, boat handling, rules of the road, control of the boat and steering. If a student does not have the basics down, lhe instructor w111 recommend that they repeat the Beginner class.

12. Describe how this specific course advances boating safely education. In your answer, discuss course objectives, examples of how the items checked In 9 A-C are integrated into the course, and the best takeaways for students that support improvements to boating safely, Who is the target audience and how is boating safely improved by educating them? IF this is an intermediate or advanced course, how does it bulld on the skills learned in previous, less advanced courses in the series, and how does this course Improve boating safety? Beginning Dinghy Sailing fs designed for people with little or no sailing experience . Typically , these students have never sailed before and might not have ahy boating experience at all. The class targets ages 14+, but most of the students are adults . This four-day class takes the absolute beginner , teaches them all the fundamentals of sailing a small 14' dinghy and , by the end of class, these students are sailing independently and are able to cruise Newport Harbor safely with minimum instructor input. This class gives students the foundational knowledge to be an "aware" and safe boater in any future boating experience they encounter .

There are people who walk by our faclllty every day , saying they always wanted to try sailing , so we suggest they start with this course .

The first day of class instructors start with a comprehensive chalk talk , teaching basic parts of the boat and wind direction concepts . Students sit in the boats on the dock, learning to steer and how to trlm the mainsheet properly. Then they learn to rig the boat and launch 1 putting down centerboard and rudder immediately for stability . On the first day students are amazed that they 're already sailing in the Quest with a crew by themselves . Instructors start the on-water portion of class by setting buoys on a reaching angle , right off the dock - this is the easiest polnt of sail and allows students to drive the boats , learning the counter-intuitive steering , going around the buoys in a controlled setting . We find that the Figure 8 drill , set between two reaching buoys, works well as we emphasize only tacking at first (no jibing) and reaching, which tends to be the easiest point of sail. In the next few classes, students spend most of their time on the water , with practical application , but instructors do provide chalk talks and debriefs with every class .

By the last day of class, students are able to r1g their boats, launch, and sail on ail points of the wfnd , cruising the harbor . If the student does not master the basics of sailing and feel confident about moving onto Intermediate Sailing , instructors recommend takina another beginning level Contract # C8969330, City of Newpon Beach, Aquallc Genier Granl FY 2024-25, Dale: 04/09/2025 Page: 53 of 117 6-60
1,

2. Exhibit A
class, sometimes in a different boat, so that they're continuously broadening their boating safety knowledge.

Students who go from knowing notning about boating safety have learned a new sailing language, know the importance of a properly-fitted lifejacket, and can carry all this introductory safety information to future boating experiences .

Through classroom instruction and on-the-water practice in the RS Quest instructors teach all items listed in 9 A-C. The class consists of 25% lecture and 75% on the water practice.

COURSE PREREQUISITE
Swimming ability is required. Life jackets are provided and are worn at all times on the docks and on the water.

COURSE OBJECTIVE
To rig, down rig, and safely sail a 12 to 16' dinghy. By the end of this course, students should know basic sailing terminology , Rules of the Road, safety procedures, and have elementary sailing and boat handling skills including tacking , gybing, heading up, falling off, docking, sailing a course , appropriate sail trim, and Understanding the basic principles of sailing a small boat.

COURSE OUTLINE

1. Introduction to dinghy sailing. Basic sailing theory , parts of the boat, terminology, rigging and down rigging procedures, wind direction , tacking and gybing, docking skills and safety procedures.

2. Review sailing theory. Introduce points of sail, upwind and downwind sailing. Docking practice and knot tying.

3. Introduce the jib, review points of sail, heading up and falling off, and sail trim. Capsize lecture, controlled gybes, boat balance and trim. Right of Way rules and pre-review of final exam.

4. Final exam, course evaluations , Q & A. Wind shifts, sailing a long course.

Aquatic Grant Curriculum Check Sheet (2)
Course Title
Course location (Body of
Water):

Intermediate Dinghy Sailing
Newport Harbor

3. Type or Water:

4. r Lake - Calm r- Lake - Choppy
,~ Coastal Waters - Some Waves, ,- River - Class 1-2
or Rough
Type of Activity:

P" Sailing r Windsurfing r Motorboat r
r Kayak-Sea r Kayak-WW r Kayak-Son r
T
PWC
Canoe
r- Coastal Waters - Protected
Harbor, Calm Water
River - Class 3 and Above
r Tow Sport r Rowing
r SUP r Rafting
5, Course developed by

6. r;, Aquatic Center r ACA ~ US Sailing / ASA
r Other r US Sailing / ASA Powerboatlng r NASBLA Approved Course Prerequisites: Successful completion of Beginning Dinghy Sailing or equivalent dinghy sailing experience. Participants must be able to swim SO yards. Sufficient agility needed to move about safely In the boat.

Contract# C8969330 , Coty of Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 54 or 117 6-61
ExhlbitA

7. Instructor Certifications : List the qualifications/certifications that the lead and assistant Instructors must have to teach this course.

Instructor Tvoe Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Saitin9 Small Boat Level 1 Certification Other Instructor Certifications US Sailing Small Boat Level 1 Certification

8. Length that a single student spends in this Course (Days): 3 Total Hours 14.00

9. BOATING SAFETY EDUCATION ELEMENTS
10 COURSE OBJECTIVES (Enter the lime spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
A.

8. C.

GENERAL EDUCATION
Check all that apply
P PFDs (types and fitting)
P Swim / Water Comfort Check
P Emergency Procedures
P Hypothermia Precautions
17 Accident Reporting
p Boating Safety Related STcM / STEAM
r other :

NAVIGATIONAL RULES & AIDS
Check all that apply
p Right of Way
P Buoys/Channel Markers
P Local Rules
r Other:

VESSEL OPERATION/ HANDS-ON

TRAINING
Check all that apply
p Equipment Orientation
p Practical Application Skills
p Technique & Maneuvers
r;; Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r Non-Boating Safety Related STEM/STEAM
r Non-Boating Related Learning Games
r Toxic Products

1.00 Total Time Allotment (Hours)
P Proper Clothing / Sunscreen / Hydration
r;; Communication Methods
P Weather Conditions
P Water Conditions and Hazards
P Float Plans
P Boating Under the Influence
0,75 Total Time Allotment:
(Hours)
P Signals/Signs/Lights
P Collision Avoidance
P Safe Speed

12.00 Total Time Allotment: (Hours)
P Care of Equipment
P MOB/Capsize Drills
P Boarding/ Disembarking
r Boating Related Learning Games

0.25 Total Time Allotment: (Hours)
r;; All Environmental Education
P Cultural / Historic Education
r Other Education
Contract # C8969330, Cily of Newport Bea~h, Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 55 or 117 6-62
Exhibit A
1 Other:

Total Course hours not including Meals/ Travel: 14.00

11. EVALUATION:

A. NASBLA approved test: r Yes r. No
B. If no NASBLA-Approved Testing, please answer the following:
r We conduct a lest that includes both a written exam and on-the-water skill evaluation. r We use another comprehensive written lest to determine course pass/fall and/or advancement to next level.
i- We don't offer a written test, but there is an on-the-water skills based test given to determine course pass/fail and/or advancement to next level.
r We have an informal type of on-the-water skills assessment, but il is not used lo advance the student or determine a pass/fail grade.
r We have no evalualion methods.
c. If you selected 11 B, 1-4, describe the test The Intermediate Dinghy class appeals to a wide ability of sailor, or skills evaluation but typically Upon successful completion of this class, the sailor will lake our on-water skill evaluation and written test. A good rule of thumb for our instructors is for them to ask themselves, "Would I want this person hopping In my personal sailboat by themselves and going for a sail?" II the answer is no, then the sludenl repeats the Intermediate class. Clearly, there is a checklist of mlnimum standards that an instructor looks for in an intermediate sailor:
complete control of the boat, ability to maneuver and slow down, docking prowess, rigging and right of way knowledge, ability lo sail on all points of the wind. ability to read the wind from flags and r1pples - to name a few areas.

12. Describe how this speclfic course advances boatlng safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A-C are integrated into the course, and the best takeaways for students that support improvements lo boating safety.

Who is the target audience and how is boating safety Improved by educating them? If this Is an intermediate or advanced course, how does ii build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? This class is the next step for students who've successfully completed Beginning Dinghy Sailing .

They take their skills to the next level , bu]lding on basic sailing skills and working to improve boat handling , refining sail trim, skipper and crew teamwork, and problem solving while afloat. Sailing a 14' RS Quest students practice rigging , docking , sail trim, sail controls , crew work and communication, reefing and knots.

As with all our other classes, the topics in A-Care covered. In the Intermediate Class, any students who've taken our classes should have a firm grasp on everything on those checklists. In the Intermediate Class, it's time to delve into more intricacy . Students are introduced to the Jib and sailing with two sails . Students are taught more advanced techniques and maneuvers , learning how to rapidly stop their dinghies by standing up and backwinding the main . Students are challenged to learn how to sail backward - a favorite skill , as it rapidly increases a sailor's control over the boat and builds tremendous confidence . Instructors cover right of way rules in much more depth , particularly for sailors . After Beginning Dinghy , students are familiar with port and starboard, but they build upon that by learning that the leeward boat has ri_ght of way over the windward boat. and Con1tact # C8969330, City of Newport Beach, Aqua!Jc Center Grant FY 2024-25, Dale; 04/09/2025 Page: 56 of 117 6-63

2. 3.

Ei<hibitA
that overtaking yacht must stay clear. Capsizing becomes more fun when you're a more confident sailor, and instructors teach students how to do a "dry flip" escaping getting wet. By now, though , our intermediate sailors have been taught so well that there is little chance of an accidental flip.

Instructors build upon the student's knowledge of the buoys in the. bay and what purpose they all serve. They look more closely at current within the bay, how to spot current lines, where it runs stronger and why. Sailors at this level begin to realize how "STEM" concepts tie into sailing and boating. For example , they begin to understand the math components of sailing, with geometric angles, and the science of wind, with apparent wind and forecasts . They also learn how to read wind from looking at the ripples on the water.

The class consists of 25% lecture and 75% on the water practice.

COURSE PREREQUISITE
Successful completion of Beginning Sailing or equivalent experience . Swimming ability is required.

Life jackets are provided and must be worn at all times on the docks and on the water. Minimum age is 14,

COURSE OBJECTIVE
To spend significant time mastering the skills of dinghy sailing. Upon successful completion of the course, students should have a solid understanding of dinghy sailing, be familiar with basic sailing theory and be able to demonstrate intermediate level dinghy sailing skills. Instructors may sign students off for the Marina Park Dinghy Sail Pass upon successful completion of this course and a passing grade on the Marina Park written rental exam . The written exam for rental must be scheduled directly with Marina Park and a passing grade is required for final certification .

COURSE OUTLINE

1. Review of the Quest dinghy: parts , terminology , knot tying , rigging and down rigging procedures, docking, wind, wind direction and wind shifts, basic sailing theory, boat balance , sail trim, righting a capsized dinghy , accident reporting and responsibility .

2. Right of Way Rules, local wind conditions, wind direction , wind shifts, headers and lifts. How to use jib tell tales . Weather helm and lee helm, effect of sails on steerage (rudderless sailing), sail shape, single-handed sailing weather permittlng.

3. General review, true and apparent wind. wind shifts, sail shape, accident reporting and Responsibility, rules of the road and aids to navigation . Q & A, Sailing a long course - ocean sailing weather permi!Ung.

By the end of this class, the Intermediate Dinghy student should be able to safely sail the bay on their own.

Aquatic Grant Curriculum Check Sheet (3)
Course Title
Course Location (Body of
Water):

Advanced Dinghy Sailing & Spinnaker Clinlc
Newport Harbor
Type of Water:
r Lake - Calm r Lake - Choppy
r Coastal Waters - Some Waves, r River - Class 1-2
or Rough
r- Coastal Waters - Protected
Harbor, Calm Water
r River - Class 3 and Above

4. Type of Activity:

Conlfact # 08969330 , City or Newpor1 Beach, Aquatic Ce11ter Grant FY 2024-25, Oate: 04/09/2025 Page: 57 ot 117 6-64

5. 6.
p Sailing r Windsurfing
r Kayak-Sea r Kayak-WW
Course developed by
p Aquatic Center
Exhibit A
r Motorboat r
r Kayak-Son r
T
r ACA
PWC
Canoe
r Tow Sport I Rowing
r SUP r Rafting
r US Sailing I ASA Powerboating r NASBLA Approved
p US Salllng / ASA
1 Other
Course Prerequisites: Successful completion of Intermediate Dinghy Sailing or equivalent dinghy sailing experience . Participants must be able to swim 50 yards. Sufficient agility needed to move about safefy in the boaL
7_ Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course .

Instructor Tvoe Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Small Boat Level 1 Certification Other Instructor Certifications US Sailing Small Boal Level 1 Certification a _ Lengtt-\ that a s[ngle student spends in this Course (Days) : 2 Total Hours 7.00 g_ BOATING SAFETY EDUCATION ELEMENTS
COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
A,
B.

GENERAL EDUCATION
Check all that apply
p PFDs (types and fitting)
p Swim / Water Comfort Check
p Emergency Procedur es
p Hypothermia Precautions
p Accident Reporting
p Boating Safety Related STEM / STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
p Right of Way
p Buoys/Channel Markers
rv Local Rules
r Other:

VESSEL OPERATION/ HANDS-ON

TRAINING
Check all that apply
P Equipment Orientation
P Practical Applica tion Skills
0_50 Total nme Allotment: (Hours)
P Proper Cfothing / Sunscreen / Hydration
P Communication Methods
I Weather Conditions
r Water Conditions and Hazards
P Float Plans
P Boating Under the Influence

0.50 Total Time Allotment:
(Hours)
P Signals/Signs/Lights
P Collision Avoidance
P Safe Speed

5.75 Total Time Allotment : (Hours)
P Care of Equipment
P MOB/Capsize Drills
Contract# C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25 , Data· 04/09/2026 Page: 58of 117 6-65
10 Exhibit A
P Technique & Maneuvers
P° Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r
r
r
Non-Boating Safety Related STEM/STEAM
Non-Boating Related Learning Games
Toxic Products
r Other:

P Boarding I Disembarking
P" Boating Related Learning Games

0.25 Total Time Allotment: (Hours)
r
All' Environmental Education
Cultural / Historic Education
Other Education
Total Course hours not including Meals I Travel: 7.00
11 . EVALUATION :

A. NASBLA approved test: ,- Yes r. No
B. If no NASBLA-Approved Testing, please answer the following:
r We conduct a test that includes both a written exam and on-the-water skill evaluation. r We use another comprehensive written test to determine course pass/fail and/or advancement to next level.
r We don't offer a written test, but there Is an on-the-water skills based test given to determine course pass/fail and/or advancement to next level,
'° We have an informa.l type of on-the-water skills assessment. but It is not used to advance the student or determine a pass/fail grade.
r We have no evaluation methods.
c. If you selected 11 B, 1-4, describe the test At this point, the Advanced Dinghy Sailing & Spinnaker Clinic Is or skills evaluation the highest level of dinghy instruction our facility offers. The students are properly vetted for prior sailing experience before participating in the class. There Is no testing structure fn place, however instructors are constantly assessing each student's skill, and working with each student indivldually to advance their knowledge. Our Sail Pass program does not currently offer a spinnaker rating, so this class is the only opportunity for our community boaters to ny a dinghy spinnaker.

12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives. examples of how the Items checked in 9 A-C are Integrated into the course, and the best takeaways for students that support improvements to boating safety. \(\Iha is the target audience and how is boating safety improved by educating them? If lhis is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? The Advanced Dinghy Sailing & Spinnaker Clinic is the highest level of dinghy instruction our facility offers . The students are properly vetted for prior sailing experience before participating in the class .

Our Sail Pass program does not currently offer a spinnaker rating , so this class is the only opportunity for our community boaters to fly a dinghy spinnaker .

The students who take this class should already have a good foundation in 9 A - C. Instructors build upon all aspects of safety by adding the complexities of successfully flying a third sail, the Contract # C8969330 , City of Newport Beach, Aquatic Center Grant FY 2024-25 , Dale: 04/09/2025 Page: 59 of 117 6-66
1,

2. Exhibit A
spinnaker, into the sailing equation. Sailors must have good steering capability, wind knowledge and control of the boat before attempting to set a spinnaker. This class builds upon all those skills .learned in beginning and intermediate classes, whlie emphaslzing how critical safety measures become with the added speed of a third sail. Students hone rapid decisfon-making skills, as well as self-rescue techniques .

This two-day course introduces the asymmetrical spinnaker aboard the 14' Quest. The class consists of 25% lecture and 75% on the water practice.

COURSE PREREQUISITE
Successful completion of Intermediate Dinghy Sailing or equivalent experience. Participants must be 14 years of age or older on the first day of class and able to swim 50 yards . This course is for sailors with strong intermediate level sailing skills able to comfortably sail a Quest or similar sized vessel on all points of sail. Students are expected to know the basic Rules of the Road, terminology , and rigging/down rigging procedures . This course requires students be physically actrve and in good physical condition.

COURSE OBJECTIVES
To rig and safely sail a Quest with a spinnaker in light to moderate winds. Students learn how to rig, set, trim, gybe, and take down the asymmetrical spinnaker , advanced sail trim and shape, crew work, true and apparent wind and helm control

COURSE OUTLINE
Day 1
Introduction to spinnakers : purpose, types, theory and how to prepare, rig, hoist, and douse. Crew positions and trfmming. Dockside demonstration . First sets on the bay. Steering and sheet handling .

Day2
Review of set and takedown methods: steering, foredeck work, trimming the spinnaker, and spinnaker problems. Introduction to jibing. Dockside demonstration. On the water practice setting, dousing and jibing the spinnaker .

Course wrap-up , questions and answers.

Aquatic Grant Curriculum Check Sheet (4)
Course TiUe
Course Location (Body of
Waler) ;
Explore the J22
Newport Harbor
J. Type or Water:

4. r Lake- Calm r Lake - Choppy
r Coastal Waters - Some Waves, r River - Class 1-2
or Rough
Type of Actfvity:
p Sailing r Windsurfing r Motorboat r
r Kayak-Sea r Kayak-WW r Kayak-Son r
T
s. Course developed by
P Aquatic Center r ACA
PWC
Canoe
r US Sailing I ASA Powerboating r NASBLA Approved
Contract~ C8969330. City of Newport Beach, AqUatic Center Grant FY 2024-25. Date: 0410912025 r. Coastal Waters - Protected
Harbor, Calm Water
r River - Class 3 and Above
r Tow Sport r Rowing
r SUP r Ra~fng
r
US Sailing / ASA
Other
Page: 60 of 117
6-67
Exhibit A

6. Course Prerequfsites: Intermediate sailing skills. Must be able to swim 50 yards.

7. Instructor Certifications: Lisi the qualifications/certificatio ns thal the lead and assistant instructors must have to teach this course.

Instructor Tvoe Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Small Boat Level 1 Certification ; US Sailing Basic Keelboat Instructor Certification
Other Instructor Certifications US Sailing Small Boat Level 1 Certification; US Sailing Basic Keelboat Instructor Certification

8. Length that a single student spends In this Course (Days): Total Hours 3.50 9 . BOATING SAFETY EDUCATION ELEMENTS
10 COURSE OBJECTIVES (Enter the lime spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
A.

GENERAL EDUCATION
Check all that apply
p PFDs (types and lilting)
[;;' Swim / Water Comfort Check
p Emergency Procedures
p Hypothermia Precautions
p- Accident Reporting
r Boating Safety Related STEM / STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
p Right of Way
w Buoys/Channel Markers
p Local Rules
r Other:

VESSEL OPERATION/ HANDS -ON

TRAINING
Check all that apply
17 Equipment Orientation
P Practical Application Skills
P Technique & Maneuvers
p Rigging
r other :

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r Non-Boating Safety Related STEM/STEAM

0.25 Total Time Allotment: (Hours)
P Proper Clothing / Sunscreen / Hydration
P Communication Methods
P Weather Conditions
P Water Conditions and Hazards
P Float Plans
P Boating Under the Infl uence

0.25 Total Time Allotment:
(Hours)
J7 Signals/Signs/Lights
P Collision Avoidance
J7 Safe Speed

2.75 Total Time Allotment: (Hours)
J7 Care or Equipment
P MOB/Capsize Drills
P Boarding / Disembarking
J7 Boating Related Learning Games

0.25 Total Time Allotment: (Hours)
All Environmental Education
Contract# 08969330. City of Newport Beach. Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 61 of 117 6-68
Exhibit A
r Non-Boating Related Leaming Games
r Toxic Products
Cultural / Historic Education
I Other Education
r Other:

Total Course hours not including Meals/ Travel: 3.50
'1 I , EVALUATION :

A. NASBLA approved test: , Yes r. No
B. If no NASBLA-Approved Testing, please answer the following:
r We conduct a lest that includes both a written exam and on-the-waler sl\ill evaluation. r We use another comprehensive written test to determine course pass/fail and/or advancement to ne~t level.
r. We don't offer a written test, but there is an on-the-water skills based lest given to determine course pass/fall and/or advancement to next level.
r We have an informal type of on-the-water skills assessment, but it is not used to advance the student or determihe a pass/fail grade.
r We have no evaluation methods.
c. If you selected 11 B, 1-4, describe the lest This class was originally designed as a hybrid, for students with or skills evaluation some saiHng experience who were interested in familiarizing themselves with the J22 as well as serving as a "rating" class for sailors who were interested in renting the J/22 keelboats at Marina Park. Instructors found ii was too difficult to test some students while trying to instruct other students, so the ratings test was broken out into a separate class. The Explore class Is now purely instructional, but also serves as a good one-day trial to see if sailors are ready to go through the ratings process.

12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A-C are integrated into the course. and the best takeaways for students that support improvements lo boating safety.

Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in prevrous. less advanced courses in the series. and how does this course improve boating safety? The popularity of the J/22 really drives this class , often with a waitlist of students . OCC has kept the class size small to provide almost one-on-one instruct ion for these students . Students come to class with some sailing knowledge and specific interest in learning more about the J/22 . All of the topics in 9 A-Care covered , with the focus on how to operate a J22 keelboat safely . Instructors provide rigging techniques and an explanation of details that are specific to the J/22 , like being aware of the dangers of sailing by the lee and how to use the backstay for optimal sail trim and ability to depower the boat in breeze. Students learn that sailing by the lee can be dangerous in a keelboat because it might cause an accidental jibe . Students are taught to watch the masthead fly as well as the leech of their mainsail, to prevent an accidental jibe. Sailors also learn about weather helm , and how the sails really drive the boat, like rounding down in a breeze by solely using the mainsail , rather than relying upon the tiller. This allows the sailor to always maintain full control of the boat , building upon basic sailing knowledge . Sailors in this class also learn more about right of way rules and being aware on the water .

This 3.5-hour class consist s of 20% lectu re and 80% on the water practice .

Contract # C8969330, City or Newport Beach. Aouafic Center Grant FY 2024-25, Oale: 04/09/2026 !?age: 62 of 117 6-69

1. 2.

Exhibit A

COURSE PREREQUISITE
Sailors must have intermediate sailing skills and be able to safely sail a J/22 or similar sized sloop on all points of sail and leave and return to the dock wrthout auxiliary power. No prior experience sailing a J/22 keelboat required .

COURSE OBJECTIVE
Review rigging, docking , crew work , points of sail, sail trim, rules of the road, crew overboard and more, preparing sailors for the advanced class.

COURSE OUTLINE
Lecture; Introduction to the J/22 Keelboat. Review leaving and returning lo the dock, preparation to sail, weather sources , safety gear, emergency procedures and crew overboard .

Dockside : Inspect running rigging, standing rigging and hull integrity , check inventory, location and operation of required safety equipment. Rig boats .

On the water practice : Practice starting , stopping , speed control , tacking , jibing , steering control, sail luffing, the No-Go-zone, getting out of irons, backi119 the jib , crew coordination and communication .

Students must demonstrate sailing a predetermined closed course maneuvering around obstacles .

Practice figure 8 crew overboard recovery and heave-to maneuver .

Aquatic Grant Curriculum Check Sheet (5)
Course Title
Course Location (Body of
Waler):

Beginning Keelboal Sailing
Newport Harbor

3. Type of Water;

4. r Lake - Calm r Lake - Choppy
r Coastal Waters - Some Waves, r River - Class 1-2
or Rough
Type or Activity;
~ Sailing r Windsurfing r Motorboat r
r Kayak-Sea r Kayak-WW r Kayak-Son r
T
PWC
Canoe
r- Coastal Waters - Protected
Harbor, Calm Waler
r River - Class 3 and Above
r Tow Sport r Rowing
r SUP I Rafting
s. Course developed by

6. P' Aquatic Center r ACA
t US Salling / ASA Powerboatrng r NASBLA Approved
P' US Sailing / ASA
r other
Course Prerequisites: No prior sailing experience needed. Participants must be able to swim 50 yards.

7. Instructor Certifications: List the qualifications/certlfica tlons that the lead and assistanl instructors must have to leach this course.

Instructor Tvoe Certifications of Lead Instructor and Other Instructor s Lead Instructor Certifications US Sailing Small Boat Level 1 Certification: US Sailing Basic Keelboat Instructor Certification
Other Instructor Certifications US Salling Small Boat Level 1 Certification; US Sailing Basic Keelboat Instructor Certification
Cooiracl # C8969330, City of Newport Beach, Aquatic Genier Gran1 FY 2024,25, Date: 04/09/.025 Page: 63 of 117 6-70
Exhibit A
8, Len_glh that a single student spends in this Course (Days): 4 Total Hours 14.00

9. BOATING SAFETY EDUCATION ELEMENTS
10 COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
A.

GENERAL EDUCATION
Check all that apply
P PFDs (types and fitting)
P Swim / Water Comfort Check
P Emergency Procedures
r;;;- Hypothermia Precautions
P' Accident Reporting
r;; Boating Safely Related STEM I STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
r;; Right of Way
r;; Buoys/Channel Markers
p Local Rules
r Other:

VESSEL OPERATION/ HANDS-ON

TRAINING
Check all that apply
p Equipment OrientaUon
p Practical Applicat1011 Skllls
p Technique & Maneuvers
p R1gging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r Non-Boating Safety Related STEM/STEAM
r Non-Boating Related Learning Games
r Toxic Products
r Other:

1.50 Total Time Allotment; (Hours)
P Proper Clothing / Sunscreen I Hydration
P Communfcation Methods
P' Weather Conditions
P' Water Conditions and Hazards
P Float Plans
P Boating Under the Influence

1.50 Total Time Allotmen t:
(Hours)
P Signals/Signs/Ugh ts
P Collision Avoidance
P Safe Speed

10.50 Total Time Allotment: (Hours)
P Care of Equipment
P MOB/Capsize Drills
P Boarding / Disembarking
P Boating Related Learning Games

0.50 Total Time Allotmen t: (Hours)
P All Environmental Education
P Cultural/ Historic Education
r Other Education
Total Course hours not including Meals/ Travel : 14.00
11 EVALUATION :

A. NASBLA approved test: r Yes r- No
Contract # C8969330, City of Newport Beach. Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 64 of ·117 6-71
Exhibit A
B. If no NASBLA-Approved Testing, please answer the following:
' We conduct a test that includes both a written exam and on-the-water skill evaluation. ' We use another comprehensive written test lo determine course pass/fall and/or advancement to next level.
r-' We don't offer a written test, but there is an on-the-water skills based test given lo determine course pass/fail and/or advancement to next level.
r We have an informal type of on-the-waler skills assessment, but it is not used lo advance the student or determine a pass/fail grade.
r We have no evaluation methods,
c. If you selected 11 8, 1-4, describe the test Beginning Keelboat Sailing ls like Beginning Dinghy Sailing in or skills evaluation terms of what we expect from a student before they are recommended lo move on. This class is unique because it can be taken at least a couple of limes and, in fact, instructors often recommend that students re-take this class before they move along lo Intermediate Keelboal. Students move al different paces learning how to sail and some don't catch on as quickly as others. lnslruclors Will determine on the waler if students have mastered all the basics of sailing, watching as students sail on all points of sail, looking for demonstration of critical knowledge, like wind direction, docking, rigging, rules of the road, control of the boat and steering. If a student does not have the basics down, the instructor will recommend that they repeal this class.
12, Describe how this specific course advances boating safely education. In your answer, discuss course objectives, examples of how the ltems checked in 9 A-C are integrated into the course, and the best takeaways for students that support improvements to boating safely.

Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned ,n previous, less advanced courses in the series, and how does this course improve boating safety? Beginning Keelboat Sailing is a four-session, 14-hour beginning sailing class . Instead of learning to sail in a dinghy, these beginner sailors are learning to sail in the J22. Because these keelboats are bigger than the dinghies, more students can be placed onboard at a time , so a beginning student doesn't have to manage everything onboard at once . Students , under the supervision of an onboard 1nstructor, split duties learning to trim the main separately from steering , and eventually learning to trim the jib . Coaches provide in-depth chalk talks and dockside instruction long before students venture onto the water on that first day. Sailors learn all the parts of the boat and sails, as well as how to rig and de-rig properly . Rules of the road as well as all the safety topics in A - C are covered repeatedly .

The goal of this course is to create new, properly educated entry-level sailors , who are provided a sound base of boater safety information. The hope is that these sailors will return to further their education and build upon skills . Many beginning students leave this keelboat class prepared for the intermediate keel class, and the instructors provide input to the students about what classes to take next.

The class consists of 25% lecture and 75% on the water practice .

COURSE PREREQUISITE
Swimming ability is required . Life jackets are provided and must be worn at all times when on the water .

Contract# C8969330 , City ot Newport Beach, Aquatic Center Grant FY 2-024-25, Date: 04/09/2025 Page: 65 of 117 6-72
1,

2. Exhibit A

COURSE OBJECT IVE
To rig, down rig, and safely sail a small keelboat. By the end of this course, students should understand the basic principles of sailing, know basic sailing terminology , Rules of the Road, safety procedures , and have elementary sailing and boat handling skills including tacking, jibing , heading up, falling off, appropriate sail trim, leaving and returning to the dock, and sailing a course .

COURSE OUTLINE

1. Introduction to the small keelboat. Basic sailing theory , parts of the boat, terminology , knots, rigging and down rigging procedures, no-go zone, wind direction , tacking and jibing, docking skills and safety procedures .

2. Review sailing theory, rigging and docking . Introduce points of sail, tell tales, upwind and downwind sailing. Docking practice and knots .

3. Review points of sail and upwind/downwind sailing. Introduce headtng up. falling off, controlled gybes, and right of way rules. Reefing lecture and demonstration . Course evaluations , question and answer. Sail a longer course In the harbor maximizing sail shape and trim.

Aquatic Grant Curriculum Check Sheet (6)
Course Tille
Course Location (Body of
Water):

Intermediate Keelboal Sailing
Newport Harbor
S. Type of Waler.

4. r Lake - Calm Lake - Choppy
r Coastal Waters - Some Waves, r River - Class 1-2
or Rough
Type of Actlvlty:
17 Sailing r Windsurfing r Motorboat r
r Kayak-Sea r Kayak-WW r Kayak-Son r
T
PWC
Canoe
r- Coastal Waters - Protected
Harbor. Calm Water
r River - Class 3 and Above
r TowSport
r SUP
r
r
Rowing
Rafting

5. Course developed by

6. p Aquatic Center r ACA
r US Sailing / ASA Powerboating r NASBLA Approved
US Sailing I ASA
r Other
Course Prerequisites: Successful comple tion of Beginning Keelboat Sailing or equivalent keelboar experience. Participants must be able to swim 50 yards,

7. Instructor Certifications: List the qualifications/certi fications Iha.I the lead and assistant instructors must have to teach this course.

Instructor Tvoe Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Small Boat Level 1 Certification; US Sailing Basic Keelboat Instructor Certification
Other Instructor Certifications US Sailing Small Boat Level 1 Certification; US Sailing Basic Keelboat Instructor Certificat ion

8. Length that a single student spends in this Course (Days}: 3 Total Hours 10.50

9. BOATING SAFETY EDUCATION ELEMENTS
Contrac t # C8969330 , Cily oJ NeWport Beach, Aqua llc Genier Granl FY 2024-25 , Dale : 04109/2025 Page: 66 of 117 6-73
10 Exhibit A
COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
A.

GENERAL EDUCAT ION
Check all that apply
r.- PFDs (types and fitting)
p Swim / Water Comfort Check
p Emergency Procedures
p Hypothermia Precautions
P' Accident Reporting
p Boating Safety Related STEM / STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all !hat apply
r,; Right of Way
r,; Buoys/Channel Markers
P' Local Rules
r Other:

VESSEL OPERATION / HANDS-ON

TRAIN ING
Check all that apply
p Equipment Orientation
p Practical Application Skills
P' Technique & Maneuvers
P' Rigging
r Other:

NON-BOATING SAFETY EDUCAT ION

ELEMENTS
Check all that apply
r Non-Boating Safety Related STEM/STEAM
I Non-Boating Related Learning Games
r Toxic Products
r Other:

0.50 Total Time Allotment: (Hours)
P' Proper Clothing / Sunscreen / Hydration
P Communication Methods
P' Weather Conditions
P' Water Conditions and Hazards
P Float Plans
P Boating Under the Influence

0.50 Total Ttme Allotment :
(Hours)
P Signals/Signs/Lights
P Collision Avoidance
P' Safe Speed

9.00 Total Time Allotment: (Hours)
P' Care of Equipment
p MOB/Capsize Drills
P Boarding I Disembarking
P Boating Related Leaming Games

0.50 Total Time Allotment: (Hours)
P All Environmental Educallon
P' Cultural / Historic Education
r Other Education
Total Course hours not including Meals/ Travel: 10.50
11 EVALUATION :

A. NASBLA approved test: r Yes r. No
B. If no NASBLA-Approved Testing, please answer the followlng:
r We conduct a lest that includes both a written exam and on-the-water skill evaluation.

Conlra ot II C89693:iO. City of Newport Beach , Aqualic Cenler Grant FY 2024-25. Date: 04/09/2025 Page: 67 of 117 6-74
r
Exhibit A
We use another comprehensive wrftten test to determine course pass/fail and/or advancement lo next level.
r. We don't offer a written test, but there is an on-the-water skills based test given to determine course pass/fail and/or advancement to next level.
' We have an informal type of on-the-water skills assessment, but it is not used to advance the student or determine a pass/fall grade.
1 We have no evaluation methods.
c. If you selected 11 B, 1-4, describe the test Intermediate Keelboat is the class that students must successfully or skills evaluation complete before they're allowed lo lake a ratings test to qualify to rent our keelboats. Students from Intermediate Keelboat wlll move on to take the on-water skill evaluation and written test. So, instructors are asking themselves, "Would I let this student use my personal boat to go sailing alone?" Instructors will be looking for the following skills on the waler: rigging and de-rigging eJ1cellence, complete understanding of each piece of equipment on the boat and its purpose, knowledge of all the lines on the boat, proper sail trim, ability to sail in breeze by feathering and appropriate sail trim lo heeling angle, thorough understanding of rules of the road, ability lo perform rescue within three boat lengths and 30 seconds, safe approach lo leaving and returning lo the dock, all boating safety material covered in the class and overall sense of competence and confidence on the water.

12. Describe how this specific course advances boating safely education . In your answer, discuss course objectives, eJ1amples of how the items checked in 9 A-C are integrated inlo the course, and the best takeaways for students that support improvements to boating safety.

Who is the target audience and how is boating safety improved by educating them? If this ls an intermediate or advanced course, how does it build on the skills learned in previous , less advanced courses in lhe series, and how does this course improve boating safety? This is the next class for students after completing the Beginning Keelboat class. In this class students build on basic skills and learn the finer points of boat handling and sail theory white learning to work as part of a team on the J/22. Students build confidence rigging, docking , and learning sail trim, sail controls, crew work and communication and anchoring.

Students come to the Intermediate Keelboat Sailing class from the outside as sailors with some sailing experience, or they work their way through the City sailing classes to achieve participation in this class. This class builds upon all the skills and knowledge students have learned previously , really honing much more qualified boaters. Instructors delve much more deeply into specific techniques and philosophies, teaching more advanced concepts of reading the wind, speed and control of the boat, and overall safe boat handling .

This three-day course is intended to further develop the sailing skills learned in the Beginning Keelboat Course or other sailing course. ihe class consists of 25% lecture and 75% on the water practice .

COURSE PREREQUISITE
Successful completion of Beginning Keelboat Sailing or equivalent skills as a skipper. Sailors must know the points of sail, sailing terminology, general sail handling and be able to exhibtt knowledge of the right of way rules. Swimming ability is required . Life jackets are provided and must be worn at ;;ill times when on the water.

Contract II C8969330. City of Newport Beach, Aquatic Center Grar\t FY 2024-25, Dale: 04/09/2025 Page: 68 of 117 6-75

1. 2.

Exhibit A

COURSE OBJECTIVE
To rig, down rig, and safely sail a small keelboal in protected waters. Be able to leave and return safely to the dock without an engine and perform a successful crew overboard recovery. Exhibit knowledge of the right-of-way rules, terminology, and general sail handling.

COURSE OUTLINE

1. Review the J/22 keelboat: parts, terminology , rigging and down rigging procedures, knots, points of sail, how to use tell tales, tacking, gybing and crew communication . Review knots.

2. Right of Way Rules, crew overboard, local wind conditions, wind direction , wind shifts, headers and lifts. Crew overboard - basic techniques , stopping at a mark and figure eight COB drill. Aids to navigation and charts, weather and lee helm , sail shape/twist, tell tails, sailing emergencies, jury rigging, and crew communication.

3. Review rigging, docking procedures and controlled gybes. Heavy weather sailing, sailing without the jib, damage control and repair. Rules and steps to follow If accident/ooilision occurs . Sail a longer course in the harbor maxim)zing sail shape and trim. Ocean sail if possible .

Aquatic Grant Curriculum Check Sheet (7)
Course Tille
Course Location (Body of
Water):

Ocean & Spinnaker Keel Class
Newport Harbor

3. Type of Water:

4. 5.

6. r Lake - Calm r
r. Coastal Waters - Some Waves, r
or Rough
Type of Activity:
p Sailing r Windsurfing r
r Kayak-Sea r Kayak-WW r
Course developed by
~ Aquatic Center r
r US Sailing / ASA Powerboating r
Lake • Choppy
River - Class 1-2
Motorboat r PWC
Kayak-Son r Canoe
T
ACA
NASBLA Approved
r Coastal Waters - Protected
Harbor, Calm Water
r River - Class 3 and Above
r Tow Sport r Rowing
r SUP r Rafting
US Salling / ASA
Other
Course Prerequisites: Successful completion of Intermediate Keelboat Sailing or equivalent experience . Partidpants must be able to swim 50 yards.

7. Instructor Certifications : List the qualifications/certifications that the lead and assistant instructors must have tp teach this course.

Instructor Tvpe Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Small Boal Level 1 Certification; US Sailing Basic Keelboat Instructor Certification
other Instructor Certifications US Sailing Small Boat Level 1 Certification : US Salling Basic Keelboat Instructor Certification

8. Length that a single student spends in this Course (Days): Total Hours 7.00

9. BOATING SAFETY EDUCATION ELEMENTS
Conlraci # C8969330 . City of Newport Beach , Aqualfc Center Grant FY 2024-25, Date.: 04109/2025 Page; 69 of 117 6-76
10 Exhibit A
COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
A.

B.
c.

GENERAL EDUCATION
Check all that apply
p PFDs (types and fitting)
p Swim / Water Comfort Check
p Emergency Procedures
p Hypothermia Precautions
p Accident Reporting
p BoaUng Safety Related STEM / STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
p Rfght of Way
P Buoys/Channel Markers
17 Local Rules
r Olher:

VESSEL OPERATION / HANDS-ON

TRAINING
Check all that apply
p Equipmenl Orientation
,/7 Practical Application Skills
p Technique & Maneuvers
p Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r
r
r
Non-Boating Safety Related STEM/STEAM
Non-Boating Related Learning Games
Toxic Products
r Other:

0.50 Total Time Allotment: (Hours)
P Proper Clothing / Sunscreen / Hydration
W Communication Methods
17 Weather Conditions
P' Water Conditions and Hazards
17 Float Plans
P Boating Under the Influence

0.50 Total Time Allotment:
(Hours)
P Signals/Signs/lights
W Collision Avoidance
P Safe Speed

5.75 Total Time Allotment: (Hours)
P Care of Equipment
p MOB/Capsize Drills
P Boardfng / Disembarking
r Boallng Related Learning Games

0.25 Total Time Allotment: (Hours)
All Environmental Education
Cultural / Historic Education
Other Education
Total Course hours not including Meals/ Travel: 7.00
11 . EVALUATION :

A. NASBLA approved test: r Yes r- No
B. If no NASBLA-Approved Testing, please answer the following:
(' We conduct a test that includes both a written exam and on-the-water skill evaluation .

Contract # C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 70 of 117 6-77
Exhibit A
r We use another comprehensive written test to detem1ine course pass/fail and/or advancement to next level.
(." We don 't offer a written test, but there is an on-the-water •skills based test given to determine course pass/fail and/or advancemen t lo next level.
r We have an Informal type of on-the-water skills assessment, but it is not used to advance the student or determine a pass/fafl grade.
r We have no evaluation methods .
c. If you selected 11 B, 1-4, describe the test This class is the most advanced class that Sailing and Boating or skills evaluation offers. It Is an opportuni ty to sail In the ocean and learn to use a spinnaker . There is not a formal testing protocol, but instructors are always aware of any individua l sailor's ability . This class draws from experienced sailors. some of whom have already passed through the Sail Pass assessment process and are renting the Marina Park keelboats ,

12. Describe how thls specific course advances boating safety education . In your answer, discuss course objectives , examples of how the items checked in 9 A-C are lntegrated into the course , and the best takeaways for students that support improvements to boating ·safety.

Who is the target audience and how is boating safety Improved by educating ,lhem? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? This class provides an opportunity to sail in the ocean outside the calm harbor and learn to use a spinnaker. Curriculum focuses on building sailfhg and seamanship skills as you sail down the harbor and enter the Pacific Ocean . Skills taught include advanced sail trim, wing n' wing , the jib using the spinnaker pole, jury-rigging techniques , running aground , towing, anchoring , tide and currents , aids to navigation and ocean sailing .

Weather permitting, these students venture into the ocean for lessons on outside conditions , how to sail in waves, emergency options including anchoring , communication and safety offshore .

Spinnaker use is focused upon, giving experience flying the chute and foredeck work. Students are taught how to safely and courteously navigate a bay that might be crowded, especially when using a spinnaker. The overall goal of this class is to add to the boating safety skillset of already ndependent sailors. This boating safety knowledge will translate into any kind of boat, sail or power . fhis is one-day class for intermediate sailors to learn skills and best practices for sailing in the ocean off Newport Beach. The class also introduces the spinnaker aboard the 22-foot J/22 class sloop. The class consists of 25% lecture and 75% on the water practice.

COURSE PREREQUISITE
Successful completion of Intermediate Keelboat Sailing or equivalent skills as a skipper . Participants must be 14 years of age or older on the first day of class and able to swim 50 yards . This course will require you to be physically active and you should be fn good physical condition . Students must know the points of sail, sailing terminology , general sail handling, right of way rules and be able to demonstrate seamanlil<e departure and docking . Swimming ability is required . Life jackets are provided and must be worn at all times when on the water.

COURSE OBJECTIVE
This course is intended to build student confidence on a small keelboat while sailing outside the harbor . Specific topics include preparation to sail, sailing a small keelboat in waves , heavy weather techniques, anchoring, sailing emergencies , and basic navigation. The course also teaches how to rig, set, trim, gybe , and take down a spinnaker using a single sheet and guy, advanced sail trim and Contract " C8969330 , City or Newport Beach, Aquatic Center Gr.int FY 2024-25, Date: 04109/2025 Page: 71 of 117 6-78
1,

2. Exhibit A
shape, crew work, true and apparent wind and helm control.

Spinnaker :

PART 1
Introduction to spinnakers : purpose, types, theory and how to prepare, rig, hoist, and douse. Crew positions and trimming. Dockside demonstration. First sets on the bay. Steering and sheet handling .

PART2
Review of set and takedown methods: steering , foredeck work, trimming the spinnaker , and spinnaker problems. Introduction to jibing . Dockside demonstration . On the water practice setting, dousing and jibing the spinnaker .

COURSE OUTLINE

1. Review the J/22 keelboat: parts, terminology , rigging and down rigging procedures , safety equipment and leaving and returning to the dock

2. Develop your plan for a day in the ocean
a. Check the weather and tides
b. Prepare a Float Plan
c. Bring radio, food & water.

3. Plot your course
a. Local chart and aids to navigation
b. Outside the harbor - heading north or south?
c. Harbor Entrance - Right of Way Rules
d. Avoiding shoal areas like jetties and beaches

4. Sailing in the ocean
a. Boat and sail set-up for various wind and wave conditions b. Tacking in the ocean
c. Heavy weather sailing, sailing without the jib

5. Overboard Rescue drill

6. Anchoring - time permitting
Course wrap-up, questions and answers.

Aquatic Grant Curriculum Check Sheet (8)
Course TIile
Course Location (Body of
Waler):

Parent & Me Sailing
Newport Harbor

3. Type of Water:

4. r Lake - Calm r Lake - Choppy
r Coastal Waters - Some Waves, r River - Class 1-2
or Rough
Type of Activity:
~ Sailing r Windsurfing r Motorboat r
r Kayak-Sea r Kayak-WW p Kayak-Son r
T

5. Course developed by
P' Aquatic Center I ACA
PWC
Canoe
1 US Sailing / ASA Powerboating I NASBLA Approveo
Contract II CB9693 30. City of Newport Beach, Aqu atic Center Grant FY 202.4-25, Dale, 04/09/202.5 (:' Coastal Waters - Protected
Harbor, Calm Water
r River - Class 3 and Above
I Tow Sport r Rowing
~ SUP r Rafting
~ US Sailing / ASA
I Other
Page: 72 of 117
6-79

6. Course Prerequisites :

Exhibit A
No prior sailing experience needed . Participants must be able to swim 50 yards. Youth participan ts must be accompanied by an adult 18 or older.

7. Instructor Certifications: List the qualifications/certifications that the lead and assistant instructors must have to teach this course.

8. Length that a single student spends in this Course (Days) : Total Hours 3.50

9. BOATING SAFETY EDUCATION ELEMENTS
,0
COURSE OBJECTIVES (Enter the trme spent or each segment of the course for sections 9 and 1 o. Do not include time spent on meals or travel)
A,
B.

GENERAL EDUCATION
Check all that apply
P' PFDs (types and fitting)
P' Swim / Water Comfort Check
r,; Emergency Procedures
r,; Hypothermia Precautions
r,; Accident Reporting
r,; Boating Safety Related STEM I STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
r,; Right of Way
r,; Buoys/Channel Markers
17 Local Rules
r Other:

VESSEL OPERATION/ HANDS-ON

TRAINING
Check all that apply
r,; Equipment Orientation
P' Practical Application Skills
P' Technique & Mane1.1vers
rv Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
I Non-Boatfng Safety Related STEM/STEAM

0.25 Total Time Allotment: (Hours)
r,; Proper Clothing / Sunscreen / Hydrallon
r,; Communication Methods
r,; Weather Conditions
r,; Water Conditions and Hazards
r,; Float Plans
P Boating Under the Influence

0.25 Total Time Allotmen t:
(Hours)
r,; Signals/Signs/Lights
P Collision Avoidance
P Sare Speed

2.75 Total Time Allotment: (Hours)
P- Care of Equipment
P MOB/Capsize Drills
P Boarding I Disembarking
r,; Boating Related Learning Games

0.25 Total Time Allotment ; (Hours)
P All Environmental Education
Conlracl # C8969330 , Clly of Newport Beach, Aqualic Center Grant FY 2.024-25, Date: 04/09/2025 Page: 73 of 117 6-80
Exhibit A
r Non-Boating Related Leaming Games
r Toxic Products
P' Cultural / Historic Education
r Other Education
r Other:

Total Course hours not including Meals / Travel: 3.50
11 . EVALUATION :

A. NASBLA approved tesl. r Yes r. No
B. lfno NASBLA-Approved Testing, please answer the following:
r We conduct a test that includes both a written exam and on-the-water skill evaluation.

We use another comprehensive written test to determine course pass/fail and/or advancement to next level.
r We don't offer a written test, but there ls an on-the-water skills based test given to determine course pass/fail and/or advancement to next level.
(.' We have an informal type of on-the-water skills assessment, but it is not used to advance the student or determine a pass/fall grade.
r We have no evaluation methods.
c. (f you selected 11 B, 1-4, describe the test Because the Parent and Me Class is for adults and their children; or skills evaluation there is no assessment in terms of moving a student up to the next class. Thfs class is designed around safety and fun. It's a simple lntroduclion to sailing or an opportunity for a parent who sails to share the sport with their children. There is no class that follows this class, and in fact, many participants repeat this class just because it is so much fun and there's always somethlng to team about boating safety.

12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the Items checked in 9 A-C are integrated into the course, and the best takeaways for students that support improvements to boating safety.

Who is the target audience and how Is boating safety tmproved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? Parent & Me continues to be one of the City's most popular saillng classes . it is perfect for any adult who wants to explore sailing With their child in a relaxed and safe environment. Students learn in the RS Quest or RS Venture , This is an introductory class, and a great platform for conveying boating safety information .

A comprehensive onshore chalk talk and instructional rigg ing session give students the skills to get in a dinghy on their own for the first time . Instructors are either on board with students or, most likely, in coach boats , providing constant communication about boating safety tips . Students do all the work on their own in the boats . They are tasked with driving and trimming the sheets , learning the entire time about sailing , the bay, our environment, our sea creatures , our birds , right of way, other boats, steering, and understanding the overall dynamics of sailing. And all the teaching is disguised by the fun of being on the water! The instructors teach to the level of the children, so that they can understand, but prov ide more advanced information to the parents , so that they leave the class having learned a lot as well .

Conlracl # C8969330, Cily of Newpon Beach, l\quallc Center Grant FY 2024-25, Date; 04/0812025 P.ige : 74 of 117 6-81

1. 2.

Exhibit A
Students leave this class with a considerable amount of new information and the knowledge that they've safely sailed their own boat. For any future boating endeavors , they've learned about the importance of lifejackets , wind direction , control of the vessel , avoiding other vessels, and knowing the basic rules of the road.

Aquatic Grant Curriculum Check Sheet (9)
Course Title
Course Location (Body of
Water):

Youth Salling & Paddling Camp
Newport Harbor

3. Type of Water:

4. r Lake - Calm r Lake - Choppy
1 Coastal Waters - Some Waves, 1 River - Class 1-2
or Rough
Type of ActiVlty:
w Sailing r Windsurfing r Motorboat r
r Kayak-Sea r Kayak-WW P' Kayak-Son r
T
PWC
Canoe
Coastal Waters - Protected
Harbor, Calm Water
r Rlver - Class 3 and Above
r Tow Sport r Rowing
P' SUP r Rafting

5. Course developed by
P Aquatic Center r ACA W US Salling/ ASA
r other r US Sailing / ASA Powerboating r NASBLA Approved

6. Course Prerequisites: Must be able to swim 50 yards.

7. Instructor Certifications : List the qualificalions/certificatlons that the lead and assistant instructors must have to teach this course.

Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certmcallons US Sailing Small Boat Level 1 Certification Other Instructor Certifications US Sailing Small Boal Level 1 Certification

8. Length that a single student spends in this Course (Days): 5 Total Hours 15.00

9. BOATING SAFETY EDUCATION ELEMENTS
COURSE OBJECTIVES (Enter the lime spent of each segment of the course for sections 9 and 10. Do not Include trme spent on meals or travel)
A. GENERAL EDUCATION
Check all that apply
~ PFDs (types and fitting)
W Swim / Waler Comfort Check
W Emergency Procedures
P' Hypothermia Precautions
W Accident Reporting
W Boating Safety Related STEM / STEAM

1..50 Total Time Allotment: (Hours)
P Proper Clothing / Sunscreen / Hydration
W Communication Methods
P Weather Conditions
P Waler Conditions and Hazards
P Float Plans
P Boating Under the Influence
Contract# C8969330, City of Newpo,t Beach , Aquallc Center Grant FY 2024-25, Date: 04/09/2025 Page: 715 of 117 6-82
10 8 .

C.
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
p Right of Way
P Buoys/Channel Markers
P Local Rules
r Other:

Exhibit A

VESSEL OPERATION / HANDS-ON

TRAINING
Check all that apply
p Equipment Orientation
p Practical Application Skills
p Technique & Maneuvers
p Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r
r
r
r
Non-Boating Safely Related STEM/STEAM
Non-Boating Related Learning Games
Toxic Products
Other:

1.25 Total Time Allotment:
(Hours)
P Signals/Signs/Lights
P Collision Avoidance
P Safe Speed
11 .50 Total Time Allotment (Hours)
P Care of Equipment
p MOB/Capsi2e Drills
P Boarding/ Disembarking
P Boating Related Learning Games

0.75 Total llme Allotment: (Hours)
All Environmental Education
Cultural / Historic Education
Other Education
Total Course hours not including Meals/ Travel: 15.00
11- EVALUATION:

A. NASBLA approved test r Yes r- No
B. If no NASBLA-Approved Testing, please answer the following:
r We conduct a test that includes both a written exam and on-the-waler skill evaluation. r
r
We use another comprehensive written test to determine course pass/fail and/or advancement to next level.

We don't offer a written test, but there is an on-the-water skllls based test given to determine course pass/fail and/or advancement to ne><t level.
r-' We have an informal type of on-the-water skills assessment , but It is no! used to advance the student or determine a pass/fail grade
r We have no evaluation methods.
c. If you selected 11 B, 1-4, describe the test Our youth camps are our most popular class, with hundreds of or skills evaluation children reglslerlng during the summer. These camps run five days a week, and children are taught all the basics of boating safety, They know that they don't go on the water or even on the docks without wearing a properly fitted lifejackel. ll becomes second nature, and they leave class knowing that's lhe way it's supposed Contract# C8969330 , City of Newport Beach. AQuallc Center Grant FY 2024•25, Date: 04/09/2025 Page: 76 of 117 6-83
Exhibit A
to be for everyone. They become good influencers For adults.

While there has been no official evaluation in this class, the campers do get a certificate or completion at the end of camp, signed by the instructors. Clearly the instructors are constantly assessing their campers' ability in order to best group them in the types of activities, based on their ability.

12. Describe how this spec1fic course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked In 9 A•C are integrated into the course, and the best takeaways for students that support improvements lo boating safely.

Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does lt build on lhe skills learned in previous, less advanced courses In the series, and how does this course improve boating safety? This week-long summer camp, morning or afternoon, teaches children, ages 6 -16, how to sail, stand up paddle and kayak . Instructors work with campers to build confidence around boats and to develop safe sailing and paddling skllls . One of the ultimate goals is to have campers sailing and paddling comfortably on their own . The other goal is that these campers will pass down their boating safety knowledge, like the importance of PFDs , to any adults who may accompany them on future boating excursions .

Campers learn to sa11 in a variety of different sailboats, including 8' Sabots, 14' RS Quests , RS Ventures , and 22' J22s. Campers also learn to paddle in kayaks and stand-up paddleboards .

Campers are split between age groups, with ages 6-8 sailing as a group in the 16' RS Ventures , accompanied by an instructor . When not sailing , campers learn how to paddle in kayaks. The SUP instruction is provided only to campers at least eight years of age, because SUPs are more difficult to control. Ages eight and above learn to sail in the sabots, Quests and J22s , paired in groups , With coaches instructing from coach boats . This age group learns to paddle in both the kayaks and on the SUPs .

Campers are taught according to their individua l level of boating knowledge . Most carnpers are absolute beginners , but we do .see some returning campers. All campers are provided with information prior to camp on what to wear , how to protect themselves with closed-toe shoes and sun protection. Campers learn sailing fundamentals , respect for the water and other boaters, the basics of boating safety , how to navigate Newport Harbor , wind and current directions , rules of the road , and the importance of llfejackets .

We let our campers come up with their list of rules at the beginning of camp and, invariably, they all decide upon "safety" as the number one rule, closely followed by "fun." Under safety , the children come up with wearing lifejackets , listening to instructors, respecting the environment including the sea creatures, always being aware of surround ing boats, keeping clear of other boats but waving in a friendly manner , being aware of weather and current conditions , and always wearing proper sailing gear.

Games are played that teach water and boating safety. Our swim assessment is not called that but , instead , we create a relay race., so that kids on their first day of class aren't terrified of a swim assessment. Instead , we have a fun swim relay race, in lifejackets of course, out to instruct ors who are standing by in kayaks . Because it's a game , the students don't realize they're being assessed for their individual water safety , but instructors are watching closely and quickly determine which students might not be equally as comfortable or capable in the water . We don't push any campers who are timid but let them ease into the water at their own speed.

Contract # C8969330, City of Newport Beach, Aquatic Cen)er Grant FY 2024-25, Date: 04/09/2025 Page: 77 of 117 6-84

1. 2.

Exhibit A
Later in the camp, one of the most popular learning exercises is the flip test. We have a safety boat standing by, only place a couple of children at a lime in a Quest, position the Quest in the lee of a remote area away from traffic, and slowly the instructor rolls the boat over. Children are seated on the leeward side and gently "slip" into the water, while the coach climbs over the dry side to the centerboard and rights the boat. This exercise is the most popular thing by the end of camp , with children, sometimes the most timid , knowing precisely how to self-rescue in the event a sailboat capsizes.

We do not teach boating safety by putting children in sabots atone without an instructor. Our philosophy is that it can be overwhelming, even for adults, to learn alone, let alone a child. We believe that's why so many children wind up leaving sailing - because of frustration and fear. They're shoved off the dock, alone and without the proper knowledge, get stuck in irons, get hit in the head with the boom, and then never want to venture out again. So, our students learn to sail in a boat with an instructo r or other students . As they become comfortable and qualified, they are rewarded with getting to sail in a sabot alone - which becomes a huge motivator to learning and is viewed as the ultfmate reward in camp . And by planting that desire in the children to sail independently , we have succeeded in creating sailors who have been trained in all aspects of boating and who will continue their adventure while positively influencing others on the water.

By the end of camp , students know the parts of the boat and sail, how to rig and derig, how to read the wind and apply that to sailing. They know the points of safl and how to steer their boat, always in control. They learn tacking and jibing and sail trim, so the boat doesn't heel. They know how to dock and tie proper knots. And very importantly , they know that they don't go on the water or even on t11e docks without wearfng a properly fitted lifejacket. It becomes second nature, and they leave class knowing that's the way it's supposed to be for everyone . They become good boating safety innuencers for adults .

Aquatic Grant Curriculum Check Sheet (10)
~ourse Title
Course Location (Body of
Water):

Youth Sailing Camp
Newport Harbor

3. Type of Water:

4. 5,
6,
1 Lake· Calm r Lake - Choppy
r Coastal Waters - Some Waves , r Rfver - Class 1-2
or Rough
Type of Activity:
~ Sailing r Windsurfing r Motorboat r
1- Kayak-Sea Kayak-WW r Kayak-Son r
T
Course developed by
);; Aquatic Center r ACA
PWC
Canoe
1 US Sailing / ASA Powerboaling I NASBLA Approved
'° Coastal Waters - Protected
Harbor, Calm Water
r River - Class 3 and Above
r Tow Sport
r SUP
1 Rowing
r
r;; US Sailing / ASA
I Other
Raftiog
Course Prerequisites : Must be able lo sw1m 50 yards. No one under age 6. No experience necessary.

Contracl # C8969330, City of Newport Beach, Aquauc Certter Grant FY 2024-25, Date: 04/09/2025 Page: 78 of 117 6-85
Exhibit A
7 Instructor Certifications : List the qualifications/certificatlons that the lead and assistant instruc tors must have to leach this course.

Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailfng Small Boat Level 1 Certification Other Instructor Certifications US Sailing Small Boat Level 1 Certification

8. Length thal a single student spends in this Course (Days): 5 Total Hours 15.00 9 BOATING SAFETY EDUCAT ION ELEMENTS
10 COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
A.

B.
c,

GENERAL EDUCAT ION
Check all that apply
~ PFDs (types and fitting)
P' Swim I Water Comfort Check
p Emergency Procedures
~ Hypotherm ia Precautions
P' Accident Reporting
P' Boating Safety Related STEM / STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
p Right of Way
r.; Buoys/Channel Markers
P' Local Rules
r Other.

VESSEL OPERATION/ HANDS-ON

TRAINING
Check all that apply
P Equipment Orientation
P' Practical Application Skills
P Technique & Maneuvers
r Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all lhal apply
r Non-Boating Safely Related STEM/STEAM
r Non-Boating Related Learning Games
r Toxic Products

1.50 Total Time Allotment.:_ (Hours)
P Proper Clothing / Sunscreen / Hydration
.P Communicat ion Methods
P Weather Conditions
P Water Conditions and Hazards
P Float Plans
P Boating Under the lnnuence

1.25 Total Time Allotment:
(Hours)
P Signals/Signs/lights
P Collision Avoidance
P Safe Speed
11 .50 Total Time Allotment: (Hours)
P Care of Equipment
P MOB/Capsize Drills
P" Boarding I Disembarking
r Boating Related Leaming Games
0,75 Total Time Allotment: (Hours)
All Environmenta l Education
Cultu ral / Historic Education
r Other Education
Co~lract # C8969J30. City of Newport Beach, Aquatic Cenler Grant FY 2024-25, Dale: 04109/2025 Page: 79 of 117 6-86
Exhibit A
r Other:

Total Course hours not including Meals/ Travel: 15.00
11 , EVALUATION~
A. NASBLA approved lest: r Yes r. No
B. If no NASBLA-Approved Testing, please answer the following:
r We conduct a test that includes both a written exam and on-the-water skill evaluation. 1 We use another comprehensive written test to determine course pass/fail and/or advancement to next level.
r. We don't offer a written test, but there is an on-the-waler skills based test given to determine course pass/fall and/or advancement to next level.
r We have an informal type of on-the-water skills assessment, but it is not used lo advance the student or determine a pass/fail grade.
r We have no evaluation methods.
c. If you selected 11 B, 1-4, describe the test This class often is the steppingstone for students taking a more or skills evaluation advanced sailing class. Instructors are constantly assessing ability both on and off lhe water.

12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A-C are integrated into the course, and the best takeaways for students that support improvements 1o boating safety.

Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does It build on the skills learned In previous, less advanced courses in the series, and how does this course improve boating safety? These sailing camps, ages 8-16 , do not include paddling, but are strictly sailing-focused, with week long summer camps , morn ing and afternoon . The summer camps include a sailing camp taught in the RS Quest for ages 8-16 , a single-handed sailing camp taught in sabots for ages 9-16, and an introduction to keelboat sailing for teens taught in the J22 for ages 13-17. All of these camps are introductory camps .

Campers learn sailing fundamentals , boating safety , and respect for the water and other boaters .

They learn how to navigate Newport Harbor , how to identify wind and current directions, rules of the road, and the importance of lifejackets.

We let our campers come up with their list of rules at the beginning of camp and , invariably , they all decide upon "safety" as the number one rule , closely followed by "fun." Under safety, the children come up with wearing lifejackets, listening to instructors , respecting the environment including the sea creatures. always being aware of surrounding boats, keeping clear of other boats but waving in a friendly manner , being aware of weather and current conditions, and always wearing proper sailing gear .

Games are played that teach water and boating safety. Our swim assessment is not called that but, instead , we create a relay race , so that kids on their first day of class aren't terrified of a swirn assessment. Instead, we have a fun swim relay race, in lifejackets of course , out to instructors who are standing by in kayaks . Because it's a game , the students don't realize they're being assessed for their individual water safety , but instructors are watching closely and quickly determine which students might not be equally as comfortable or capable in the water . We don't push any campers who are timid but let them ease into the water at their own speed .

Contract # C8969330, City of l'lewport Beach. Aquatic Center Grant fV 2024-25 . Date: 04/09/2025 Page: 80 of 117 6-87

2. Exhibit A
Later in the camp, one of the most popular learning exercises is the flip test. We have a safety boat standlng by, only place a couple of children at a time in a Quest, position the Quest In the lee of a remote area away from traffic, and slowly the instructor rolls the boat over . Children are seated on the leeward side and gently "slip" into the water, while the coach climbs over the dry side to the centerboard and rights the boat. This exercise is the most popular thing by the end of camp, with children, sometimes the most timid, knowing precisely what to do in the event a sailboat capsizes .

By the end of camps, students have been introduced to the new language used in boating and sailing. They ccin name parts of the boat and the sail. They understand what the different lines do on the boat, how to trim sails according to different points of sail, and the basics of how to safely steer a sailboat. The goal is that they take this boati ng safety knowledge and use it in the future when boating with other adults, effectively becoming ambassadors for proper lifejacket use and safe boating.

Aquatic Grant Curriculum Check Sheet (11)
Course Title
Course Location (Body of
Water):

ACE After School Sailing
Newport Harbor

3. Type of Water:

4. 5.

6. r Lake - Calm r
r Coastal Waters - Some Waves, r
or Rough
Type of Activity:
~ Sailing r Windsurfing r
r Kayak-Sea r Kayak-WW r
Course developed by
)7 Aquatlc Center r
r US Salling I ASA Powerboating r
Lake - Choppy
Rlver - Class 1-2
Motorboat r PWC
Kayak-Son r Canoe
T
ACA
NASBLA Approved
i- Coastal Waters - Protected
Harbor, Calm Water
r River - Class 3 and Above
r Tow Sport. I Rowing
r SUP r Rafting
r
US Sailing I ASA
Other
Course Prerequisites: No prior sailing experience needed. Participants must be able to swim 50 yards .

7. tnstructor Certificat ions: List the qualifica tions/certifications that the lead and assistant instructors must have to teach this course.

Instructor Tvpe Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Small Boat Level 1 Certification Other Instructor Certifications US Sailing Small Boat Level 1 Certification

8. Length that a single student spends in this Course (Days): 6 Total Hours 18.00

9. BOATING SAFETY EDUCATION ELEMENTS
COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
Contract # C8969330 , Cily of Newport Beach, Aquatic Center Grant FY 2024,25, Oate: 04/09/2025 Page: 81 of 117 6-88
10 A. GENERAL EDUCATION
Check all that apply
p PFDs (types and fitlfng)
p Swim / Water Comfort Check
p Emergency Procedures
p Hypothermia Precautions
p Accident Reporting
Exhibit A
p Boating Safety Related STEM / STEAM
B.

C.
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
p Right of Way
p Buoys/Channel Markers
p Local Rules
r Other:

VESSEL OPERATION / HANDS-ON

TRAINING
Check all that apply
p Equipment Orientatio n
p Practical Application Skills
p Technique & Maneuvers
p Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r Non-Boating Safety Related STEM/STEAM
r
'
Non-Boating Related Learning Games
Toxic Products
I Other:

1.00 Total Time Allotment: (Hours)
w Proper Clothing / Sunscreen r Hydration
P Communication Methods
P Weather Conditions
P Water Conditions and Hazards
P Float Plans
W Boating Under the Influence
1,00 Total Time Allotment:
(Hours)
P Signals/Signs/Ughls
P Collision Avoidance
P Safe Speed

15.75 Total Time Allotment: (Hours)
P Care of Equipment
P MOB/Capsize Drills
P" Boarding I Disembarking
P Boatjng Related Learning Games

0.25 Total Time Allotment: (Hours)
P All Environmental Education
P Cultural / Historic Education
r Other Education
Total Course hours not including Meals I Travel : 18,0Q 11 !:VALUATION :

A. NASBLA approved test: r Yes (o' No
B. If no NASBLA-Approved Testing, please answer the following:
r We conduct a test that Includes both a written exam and on-the-water skill evaluation. r We use another comprehensive written lest to determine course pass/fail and/or advancement to next level.

Contract I/.C8969330 , City of Newport Beach. A.quatic Center Grant FY 2024-25, Dale: 04/09/2025 Page: 82 of 1 t7 6-89
Exhibit A
r. We don't offer a written test. but there is an on-the-water skills based test given to determine course pass/fail and/or advancement lo next level .

We have an informal type of on-the-waler skills assessment, but a is not used to advance lhe student or determine a pass/fail grade.
r We have no evaluation methods .
c. If you selected 11 B, 1-4, describe the test Instructors monitor a student's ability, both on and off the water, so or skills evaluation that they can best provide informatfon. Many studen ts in this class are interested in learning to sail single-handed , so once lhey'\le achieved the basics sailing with a group, the instructor will move them to sailing alone .

12. Describe how this specific course advances boating safely education . in your answer, discuss course objectives , examples of how the items checked in 9 A-C are integrated into the course, and the best takeaways for students that support improvemen ts to boating safety.

1. 2.

Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous , less advanced courses in the series, and how does this course improve boating safety? Our ACE after-school sailing classes run in 5 or 6-week sessions , by the quarter, throughout the year. Instructors walk to the school down the street lo pick up the students and walk them back to Marina Park. It's a phenomenal opportunity for us to reach local school children , with minimum effort required of the parent , as any child in after school care gets walked back to the elementary school after sailing.

Thls class is for students in grade two and up. Students are paired in RS Quests and sailing on the first day. Course objectives closely align with all the educational topics in 9 A-C, with emphasis on the importance of lifejackets and an introduction to boating and water safety. This class runs similarly to summer camp, with on shore instruction as well hands-on learning . Children are taught about wind direction , boating traffic patterns , parts of the boat and sail, how to steer, how to trim the sails, points of sail, how to rig and derig, docking and self-rescue. They learn about the bay and its creatures , as well as about tides and basic rules of the road .

By the end of the class, we see quite a few of the older students really comprehend the basics of sailing . They're able to steer the boat on all points of sail and understand how the mainsheet controls the boat as well as the tiller. For the younger students, the goal is that they learn about basic water safety, and that their confidence around boats grows. Most children who live in this area will find themselves on boating outings, so our goal is that they can be a knowledgeable example of well-trained boaters .

Aquatic Grant Curriculum Check Sheet (12)
Course Tille
Course Location (Body of
Waler) :

Private Lesson
Newport Harbor

3. Type of Water:

Lake -Calm r Lake - Choppy
Contract# C8969330, CilY of Newporl Beach. Aquatic Center Grant FY 2024-25. Date: 04/09/2025 r- Coastal Waters - Protected
Harbor, Calm Water
Page: 83 of 117
6-90
4,

5. 6.

Exhibit A
r- Coastal Waters - Some Waves , 1 River- Class 1-2
or Rough
Type of Activity:
w Sailing r Windsurfing r Motorboat r
r Kayak-Sea r Kayak-WW r Kayak-Son r
T
Course developed by
w Aquatic Center r ACA
PWC
Canoe
r US Sailing / ASA Powerboating r NASBLA Approved
Course Prerequis1tes: No experience necessary
r Rlver - Class 3 and Above
r Rowing r Tow Sport
r SUP r Rafting
p
r
US Sailing I ASA
Other
7, Instructor Certifications : List the qualifications/certificat ions that the lead and assistant instructors must have to teach this course,
Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Small Boat Level 1 Certification ; US Sailing Basic Keelboat Instructor Certification
Other Instructor Certifications US Sailing Small Boat Level 1 Certification; US Sailing Basic Keelboat Instructor Certification

8. Length that a single student spends in this Course (Days): Total Hours 3.00

9. BOATING SAFETY EDUCATION ELEMENTS
COURSE OBJECTIVES (Enter the time spent of each segmen t of the course for sections 9 and 10. Do not include time spent on meals or travel)
A.

GENERAL EDUCATION
Check all that apply
w PFDs (types and fittfng)
w Swim / Waler Comfort Check
p Emergency Procedures
P' Hypothermia Precautions
P' Accident Reporting
p Boating Safety Related STEM / STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
P" Rlght of Way
P' Buoys/Channel Markers
P Local Rules
r Other:

VESSEL OPERATION/ HANDS-ON

TRAINING

0.25 Total Time Allotment: (Hours)
P' Proper Clothing / Sunscreen / Hydralion
P' Communication Methods
P Weather Conditions
W Water Conditions and Hazards
~ Float Plans
P Boating Under the Influence

0.25 Total Time Allotment:
(Hours)
P' Signals/Signs/Lights
P Collision Avoidance
P Sare Speed

2.50 Total Time Allotment: (Hours)
Conlfa ct # C6969330 , Clly of Newport Beach, Aquatic Cenle r Grant FY 2024-25, Date: 04/09/2025 Page: 84 or 117 6-91
10 Check all that apply
p Equipment Orientation
p Practical Application Skills
w Technique & Maneuvers
p Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
Exhibit A
r
r
r
Non-Boatfng Safety Related STEM/STEAM
Non-Boatlng Related Learning Games
Toxic Products
r Other:

P Care of Equipment
r-, MOB/Capsize Drills
P"" Boarding I Disembarking
P Boating Related Learning Games

0.00 Total nme Allotment: (Hours)
r
r
r
All Environmental Education
Cultural / Historic Education
Other Education
Total Course hours not including Meals /Travel: 3.00
11 EVALUATION:

A. NASBLA approved test , Yes • No
B. Ir no NASBLA-Approved Testing, please answer the following:
r We conduct a test that includes both a written exam and on-the-water skill evaluation. r We use another comprehens1ve written lest to determine course pass/fail and/or advancement to nexl level.
r We don't offer a written test. but there Is an on-the-water skills based test given to determine course pass/fall and/or advancement to next level.
r. We have an informal type of on-the-water skills assessment, but it is not used to advance the student or determine a pass/fail grade.
r We have no evaluation methods.
c. If you selected 11 8 , 1-4, describe lhe test People are busy and sometlmes the scheduled four-week or skills evaluation beginning session doesn't work for someone. The private lesson is intended to give a person(s) one-on-one instruction. Often students ask which classes they should take after the private lesson. so instructors are always aware of their ability, watching them on the water and assessing how quickly they learn,

12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A-C are integrated inlo the course, and the best takeaways for students lhal support improvements Lo boating safety.

Who is the target audience and how is boating safety improved by educating them? lf this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safely? Private lessons remain popular at Marina Park , We offer three-hour privates lessons In the J22 , RS Quest or RS Venture , even the saboL Sometimes the instructor is on board with the student, and at other times , the instructor coaches from a coach boat. No sailing experience is necessary, and we welcome all levels of ability and ages . Students vary from one person interested in finessing a particular skill to a family with two children just wanting to experience time on the water.

Contract# C8969330. City of Newpon Beach, Aquatrc Center Grant FY 2024-25, Date: 04/09/2025 Page: 85 of 117 6-92
Exhibit A
As with all our classes, the safe boating topics in 9 A - C are addressed during the class. Instructors incorporate all of these topics into the curriculum for all of our sailing classes. All students learn to properly fit a lifejacket and why to wear one. Instructors teach wind, current and tides . Students are shown buoys around the bay and what they mean. They are taught control of the boat, so they can safely maneuver. By the end of class students know how to rig and derig, steer the boat, trim the sails according to wind direction, dock properly and tie the boat up correctly .

One-on-one instruction is inva,luable, as a student can progress quickly. Sometimes , the sensory input from a larger sailing class can be overwhelming for a student. You're typically put in a boat by yourself, the sails are luffing, the coach is shouting at you from another boat and you're feeling out of control. Instead, in a private lesson, that atmosphere is calmed down, allowing the brain to take in more information, as the student is no longer stressed by these environmental and teaching factors.

The beauty of the private lesson is it allows an individual to schedule a class, virtually based on their own convenience, rather than having to wait for a regularly scheduled class. As Instructors are available, these private lessons are scheduled.

Topics covered in the private lesson;
ABC's of California Boating; Right-of-Way Rules
Sound Signals
Aids to Navi.9ation
Accident Reporting
Weather Conditions
Parts of the boat
Nomenclature
Emergency Procedures & Safety Issues
Rigging
Points of Sail & Sailing
Know the weather report for the day
Appropriate attire and shoes for a day of sailing and the conditions expected Understand responsibilities in case of an accid'ent (ABC's of CA Boating pages 22-23) Know location of harbor hazards (mooring fields , bridges, anchorages , shoal areas, Balboa Island ferry crossing, narrow channels, swim areas, other sailing restrictions.) Preparation to Sall - Rigging

1. Check condition of ri.9glng

2. Check safety gear

3. Check life jackets - one per person MUST BE WORN

4. Readying the boat for sailing

5. Proper Rigging - bow into the wind

6. Know when and where to use the appropriate knot (figure 8, square knot, cleat hitch, bowline, two half-hitches, clove hitch, sheet bend)

7. Know how to safely launch in ALL wind conditions .

8. Know correct halyard tensions and stowage

9. Crew orientation - Be able to brief novice sailors on boarding, safety and any tasks i.e. winch, mainsheet, trim, etc.

Leaving the Dock - Check for traffic - Correct push off and boat handling Contract # C8969330, City of Newport Beach, Aqua1ic Genier Granl FY 2024-25, Dale: 04109/2025 Page: 86 of 117 6-93

1. 2.

Exhibit A

1. Knowledge of wind direction and be in control of the boat the entire time.

2. Proficiency in sailing on all points of sail

3. Controlled jiblng and complete understanding of jibing verses tacking and sailing by the lee.

4. Sail tnm and handling

5. Reefing - sometimes, depending on experience level

6. Anchoring (sometimes) - J/22 only

7. Capsize comprehension - Quest only

8. Sail a figure eight course

9. Right of way rules: Anticipation traffic, working knowledge of which are the give way and burdened vessels, etc.

10. Jury rigging- know what to do if there is a breakage.

11. Explanation of crew overboard and successful completlon of M.O.B. simulation

12. Returning to the dock - correct docking

13. De-rigging procedures - gear stowed and cleaned.

Aquatic Grant Curriculum Check Sheet (13)
Course Tltle
Course Location (Body of
Water):

Boating Safety Orienta1ion
Newport Harbor

3. Type of Water :

4. 5.

6. r
r
Lake - Calm
Coastal Waters - Some Waves,
or Rough
Type of Activity:
r Sailing r Windsurfing
r Kayak-Sea r Kayak-WW
Course developed by
w Aquatic Center
r
r
p
r
r US Sailing / ASA Powerboating r
Lake - Choppy
River - Class 1-2
Motorboat r PWC
Kayak-Son r Canoe
T
ACA
NASBLA Approved
Course Prerequisites : Musi be six and able to swim 50 yards. r-
r
r
p
r
r
Coastal Waters - Protected
Harbor, Calm Water
River - Class 3 and Above
Tow Sport r
SUP r
US Sailing I ASA
Other
Rowing
Rafting

7. Instructor Certifications: Llsl the qualifications/certifications that the lead and assistant fnstructors musLhave to teach this course.

Instructor Tvoe Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications CPR First Aid Certified
Other Instructor Certifications CPR First Aid Certified

8. Length that a single student spends in this Course (Days): 1 Total Hours 1.00

9. BOATING SAFETY EDUCATION ELEMENTS
Contract# C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25 , Dale; 04/09/2025 Page: 87 of 117 6-94
10 Exhibit A
COURSE OBJECTIVES (Enter the time spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel}
A.

B,
C,

GENERAL EDUCATION
Check all that apply
f;i PFDs (types and fitting)
P" Swim / Water Comfort Check
f;i Emergency Procedures
p Hypothermia Precautions
~ Accident Reporting
p Boating Safety Related STEM / STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check all that apply
P" Right of Way
f;i Buoys/Channel Markers
f;i Local Rules
r Other:

VESSEL OPERATION/ HANDS-ON

TRAINING
Check all that apply
f;i Equipment Orientation
f;i Practical Application Skills
p Technique & Maneuvers
p Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r Non-Boat1ng Safety Related STEM/STEAM
r Non-Boating Related Learning Games
r Toxic Products
r Other:

0.15 Total Time Allotment: (Hours)
·P Proper Clothing / Sunscreen / Hydration
P Communicalio n Methods
P Weather Conditions
P Water Conditions and Hazards
W Float Plans
P Boating Under the Influence

0.15 Total Time.Allotment :
(Hours)
P Si9nals/Signs/Lights
P Collision Avoidance
P Sale Speed

0.70 Total Time Allotment: (Hours)
P Care of Equipment
P MOB/Capsize Drills
P Boarding / Disembarking
P Boating Related Learnlng Games

0.00 Total Time Allotment: (Hours)
r
r
r
All Environmental Education
Cultural I Historic Education
Other Education
Total Course hours not including Meals/ Travel: 1.00

11. EVALUATION:

A. NASBLA approved test: r Yes r. No
B. If no NASBLA-Approved Testing, please answer the following :
r We conduct a test that includes both a written e)(am and on-the-water skill evaluation .

Contract ~ C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25 , Date: 04/09/2025 Page: 88 of 117 6-95
Exhibit A
We use another comprehensive written test to determine course pass/fafl and/or advancement to next level.

We don't offer a written lest, but there Is an on-the-water skills based testg iven to determine course pass/fail and/or advancement to next level.
r- We have an informal type of on-the-water skills assessment. but it is not used to advance the student or determine a pass/fail grade.

We have no evaluation methods.
c. If you selected 11 B, 1-4, describe the test In these boating safety orientations. we are focused on paddling. or skills evaluation After we have provided our orientation, we coach paddlers, hanging on to the equipment, as they lake practice strokes. Once they've exhibited control, we then provide coaching as they paddle within a designated swim area. After they demonstrate proficiency, they are allowed to move into the bay. We don't let anyone out unless they show they are capable.

12. Describe how this specific course advances boating safety education. In your answer, discuss course objectives, examples of how the items checked in 9 A-C are integrated into the course, and the best takeaways for students that support improvements lo boating safety.

Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it bulld on the skills learned In previous, less advanced Courses in the series, and how doe;s this course improve boating safety? Because Marina Park is a public facility and attracts tens of thousands of customers every year, Sailing and Boating has a phenomenal opportunity to reach "non boaters" with a boating saf1;ily message. Sailing and Boating offers paddle rentals for drop-in customers, no experience necessary .

While some customers plan to come to Marina Park to paddle , for others the decision is spur of the moment. For many customers , this is their first paddling adventure, with no other boating experience. This introduction is the ideal time for City staff to provide boating safety information , as well as to plant the seed for a love of future boating .

For every person who rents our single and double kayaks or stand-up paddleboards, City staff provides a comprehensive boating safety orientation that starts immediately upon the customer's arrival, with an immediate assessment of the customer and their abilities . The City requires that each paddler be at least six years of age and be a competent swimmer . It's surprising that there are people who do not understand the importance of being able to swim while on the water . Although California law requires the PFD to be on the equipment (for adults), the City requires every paddler to wear a PFD at all times.

Our staff selects an appropriate PFD for each customer and supervises each customer as they secure the PFD to ensure that they are snugly fit. The staff explains to each customer that the lifejacket needs to fit securely , or it will float over their head if they wind up in the water . We also explain that , if we should need to pull them from the water , we would grab the shoulder handles and lift. If the jacket is not snug , we would pull the lifejacket right off -them and they would remain in the water.

The prevailing breeze is a Southwest at Marina Park . Our bigger breeze Is typically a Westerly and lighter breeze, a Southerly. We teach each paddler how to read the wind and why it's critical to the safety of their paddling experience . We ask that each customer paddles upwind first, so they can determine if they 're able to paddle against the wind. We make sure the customer knows that paddling downwind is a breeze, so to speak. If there is a wind shift or if the wind is forecast to build, we let the customer know , and we give them lips for staying out of the breeze or modified paddling Conlract # C8969330, Cily of Newport Beaah, Aquatic Center Grant FY 2024-25, Del • 04/09/2025 Page: 89 of 117 6-96

1. 2
Exhibit A
techniques, if the wind becomes a factor. We'll also cease paddling if the wind picks up past the point of a comfortable paddle . Because of these precautions, we always have our paddlers return, having had an enjoyable experience with no issues.

Staff provides paddlers with local knowledge , including traffic patterns, how to stay out of traffic (collision avoidance) , wildlife and beaches lo look for, and suggestions for routes to take depending on the day's weather, wind, tide and traffic conditions . Staff requests a return time from customers , and we track departure and return times, as well as the party's specific information , as part of the float plan. We know specifically when a paddler is due back, so we anticipate their arrival.

Once a customer is fitted in a lifejacket, staff will then fit the customer with a paddle. For the SUP customer, we measure height, comfortable fit, and note that the paddles are carbon fiber, requesting that they do not touch paddles to the cement, nor lay them down to be stepped on. Staff reviews proper paddling grip and technique , with specific strokes to maneuver. Along with demonstra1ing proper stance or positioning on the equipment, staff reviews balance , proper weight distribution , boarding and disembarking . We review how to reboard, should they fall out of or off the equipment , as well as what to do if, for some reason, they are unable lo reboard . We instruct paddlers to stay with their equipment , swim it back to the beach or a dock, if they can't reboard . We suggest waving a paddle to notify another boater in the case they need assistance. All our lifejackets have whistles attached for an emergency .

With any customers new to paddling, staff will hold on to the equipment while they practice their strokes. Once a customer has demonstrated proficiency, we'll let go of the piece of equipment and allow them to paddle within the swim line, until they show they have mastered directional paddling.

Providing this comprehensive boating safety information is a critical operational procedure for any paddling customer . It allows the City to reach a broad audience of new boaters with a comprehensive boating safety message.

Aquatic Grant Curriculum Check Sheet (14)
Course Tille
Course Location (Body of
Water):

Adaptive Salling
Newport Harbor

3. Type of Water:

4. r- Lake• Calm Lake - Choppy
r Coastal Waters - Some Waves, r River - Class 1-2
or Rough
Type of Activity:
~ Sailing r Windsurfing r Motorboal r
r Kayak-Sea r Kayak-WW r Kayak-Son r
T
5, Course developed by
p Aquatic Center r ACA
PWC
Canoe
r US Sailing / ASA Powerboating r NASBLA Approved
r. Coastal Waters - Protected
Harbor, Calm Water
r River - Class 3 and Above
r Tow Sport r Rowing
1 SUP r Rafting
US Sailing / ASA
r Other

6. Course Prerequisites: Must be six years of age. Must be comfortable 0oating In waler in lifejacket.

Contract# C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25 , Date: 04/09/2025 Page: 90 of 117 6-97
Exhiblt A
7 Instructor Certifications : Us\ the qualifications/certifications that the lead and assistant instructors must have to teach this course.
-
Instructor Type Certifications of Lead Instructor and Other Instructors Lead Instructor Certifications US Sailing Adaptive Sailing Certification ; US Sailing Small Boat Level 1 Certification · US Saillnq Basic Keelboat Instructor Certification Other Instructor Certifications US Sailing Adaptive Sailing Certification; US Sailing Small Boat Level 1 Certification ; US Sailinq Basic Keelboat Instructor Certification

8. Length that a single student spends in \his Course (Days) : Tolal Hours 3.00

9. BOATING SAFETY EDUCATION ELEMENTS
10 COURSE OBJECTIVES (Enter the lime spent of each segment of the course for sections 9 and 10. Do not include time spent on meals or travel)
A.

GENERAL EDUCATION
Check all that apply
P' PFDs (types and fitting)
P' Swim I Water Comfort Check
p Emergency Procedures
P' Hypothermia Precautions
P' Accident Reporting
p Boating Safety Related STEM / STEAM
r Other:

NAVIGATIONAL RULES & AIDS
Check. all that apply
W Right of Way
P Buoys/Channel Markers
P' Local Rules
r Other:

VESSEL OPERATION/ HANDS-ON

TRAINING
Check all that apply
,p- Equipmen t Orientation
p Practical Application Skills
P' Technique & Maneuvers
P' Rigging
r Other:

NON-BOATING SAFETY EDUCATION

ELEMENTS
Check all that apply
r Non-Boatfng Safety Related STEM/STEAM
r Non-Boating Related Learning Games

0.25 Total Time Allotment'. (Hours)
P' Proper Clothing / Sunscreen / Hydration
P' Communication Methods
P' Weather Conditions
P Water Conditions and Hazards
P Float Plans
P' Boating Under the lnfiuence

0.25 Total Time Allotment :
(Hours)
P Signals/Signs/Lights
P Collision Avoidance
P Safe Speed

2.50 Total Time Allotment (Hours)
r,; Care of Equipment
P' MOB/Capsize Drills
P' Boarding I Disembarking
P Boating Related Learning Games

0.00 Total Time Allotment : (Hours)
I All Environmental Education
r Cultural / Historic Education
Contract # C8969330, City of Newport Beach. Aquatic Center Grant FY 2024-25. 03\e: 04/09/2025 Page: 91 or 117 6-98
r Toxic Products
r Other:

Exhibit A
r Other Education
Total Course hours not including Meals/ Travel: 3.00-
11 EVALUATION:

A. NASBLA approved test: r Yes r. No
B. If no NASBLA-Approved Testing, please answer the following:
r We conducl a test that includes both a written exam and on-the-water skill evaluation, r We use another comprehensive written test to determine course pass/fail and/or advancement to ne)ll level.
1 We don't offer a written test, but there is an on-the-water skills based test given to determine course pass/fail and/or advancement to next level.
r. We have an informal type of on-the-water skills assessment, but it is not used to advance the student or determine a pass/fail grade.
r We have no evaluation methods.
c. If you selected 11 B, 1-4. describe the test This class is lntended to provide boating safety educalion lo a or skills evaluation segment of population who don't have much opportunity to learn here in Newport Harbor . People with disabilities will access the water on boats with friends. but this class is designed lo prepare them for when those occasions arrive, so that they are already safe boaters and can pass safe boating messages along to family and friends, sellin9 an example. While there is no formal testing process, instructors will constantly be aware of the exact level of a student's knowledge and capability, in order to maintain the level of safety in the class.

12. Describe how this specific course advances boating safety education . In your answer, discuss course objectives, examples of how the items checked in 9 A-C are integrated into the course, and the best takeaways ror students that support improvements to boating safety.

Who is the target audience and how is boating safety improved by educating them? If this is an intermediate or advanced course, how does it build on the skills learned in previous, less advanced courses in the series, and how does this course improve boating safety? The Adaptive Sailing programming is intended to expand the limited boating safety educational opportunities for people with disabilities in the Southern California area, The overall course objective is to provide boating safety lessons to people with disabilities , showing them how to be ambassadors for the sport , passing along the boating safety message .

People with disabilities access the bay and ocean with family and friends, but there are limited boating safety courses availab[e to them in Newport Harbor . There is one "experiential " outfit that offers a few "rides" for individuals several times a year , the American Legion brings in visually impaired sailors to give rides on another occasion, but there are no official boating safety courses for people with disabilities , taught by highly qualified and US Sailing-certified instructors. This is the City's opportunity to create programming that addresses safe boating for people with even high levels of disability, whether physical, emotional . or cognitive .

Just recently, the City hosted a comprehensive three-day US Sailing Adaptive Sailing Instructor Workshop . US Sailing sent an instructor who was the actual author of the standardized book on adaptive sailing in the United States. Our instructors learned everything from how to develop and Conlract # 08969330 , City ot Newpo~ Beach, Aquatic Cenler Grant FY 2024-25, Date: 04/09/2025 Page: 92 of 117 6-99
Exhibit A
implement a program, to working with a wide variety of disabilities , to adapting boats.

Based on what we learned during this US Sailing training, the City and OCC have decided to start providing adaptive sailing through a private lesson platform. This allows us to learn in a methodical fashion how to teach adaptive sailing to one person , rather than opening up instruction to groups at this point. Teaching adaptive sailing is complex .

We are currently developin.g the curriculum for this adaptive private lesson format. The course WIii cover all the topics in Questions 9 A-C, general education , navigational rules and aids, non-boating safety education elements and, of course , comprehens ive vessel operation and hands-on training.

These lessons will cover the same topics of the City's Beginning Keel boat class, introducing sailors to proper boarding (or transferring) , rigging (using specific techniques) , wind direction, points of sail and sail trim, proper steering , proper lookout , emergency protocols , rules of the road - all with a US Salling adaptive sailing endorsed instructor on board with the student. Family and friends will be welcom e to take the class, increasing the reach of the boating safety message. Chase boats will accompany the class for an added safety measure .

But, more than simple instruction , each class will consider they myriad of nuances and ever- evolving techniques that teach people with disabilities how to approach boating in the safest manner possible , according to their unique needs.

The course will be taught in the City's RS Ventures as well as in the City-owned J22 keelboats . One RS Venture has been modified with adaptive equipment made by RS (thanks to the DBW grant), and instructors will modify the remaining boats according to each disability.

In the initial year, the City will offer some scholarship funding as, often, it's difficult and cost prohibitive for people with disabilities to participate in extracurricular programming .

Co111ract # C8969330. City of Newport Beach, Aquallc Center Grant FY 2024-25, Date: 04/09/2025 Page; 93 of 117 6-100
Exhibit A
DBW Funding
DBW Prior Funding
1, Did this organization receive funding in one of the • Yes r No last three grant cycles with completed
performance periods? (20-21, 21-22, 22-23)
Contract# C8969330, City or Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04/09/2025 Page: 94 o{ 117 6-101
Exhibit A - scop E OF WORK
Project Cost Estimate - Budget Detail
June Item Qty RateJ UnltsjuoM I Extension J Tota1J Cost Share

DIRECT EXPENSES
Program Expenses
1 Equipment
Supplies - Safety Items 0.0000 0.000 0.000 4,352.00 4,352.00 0.00 Notes : 15 Child PFD - $307
30 Youth PFD - $1560
30 Adult PFD - $1092
Adaptive PFD - $1000
Plus tax & shipping
Supplies - 0.0000 0.000 0.000 7,960.00 7,960.00 0.00
ReplacemenVRefurbishment
Items
Notes : 12 RS Quest
Running Rigging - $1353
12 RS Quest Standing
Rigging - $6607
Supplies - 0.0000 0.000 0.000 8,942.00 8,942.00 o_oo
ReplacernenVRefurbishment
Items
Notes : 2 RS Venture
Standing Rigging - $942.47
2 RS Venture Running
Rigging - $622.60
2 RS Venture Sails -
$4315 .90
2 RS Venture Bottom Paint -
$3061 .50
Supplies - Safety Items 0.0000 0.000 0.000 1,639.00 1,639.00 0.00 Notes : 6 J22 Toe Rail -
$1638 .88
Supplies - 0.0000 0.000 0.000 8,257.00 8,257.00 0.00
ReplacemenVRefu(bishrnent
Items
Notes : 4 J22 Bottom Paint -
$8257 .59
Supplies - 0.0000 0.000 0.000 3,919.00 3,919.00 0.00
ReplacemenVRefurbishment
Items
Contract# C8969330, City of NewpM Beach, Aqua"c Center Grant FY 2024-25. Dale: 04/09/2025 Page: 95 of 117 6-102
Exhibit A - SCOPE OF WORK
Line Item Qty Rate Units UOM Extension Total Cost Share Notes : 25 SUP paddles -
$3919.41
Modular Docking 0.0000 0.000 0.000 4,931 .00 4,931.00 0.00 Notes ; 40 CanDOCK
modular cubes - $4930.84
Total for Equipment 40,000.00 40,000.00 0.00
2 Scholarships
Adaptive Safllng 0.0000 0.000 0.000 4,500.00 4,500.00 0.00 Noles : Range: $225-$450
10-20 students
ACE After School Sailing 0.0000 0.000 0.000 1,500.00 1,500.00 0.00 Notes : Range: $75-$150
5-20 students
Total for Scholarships 6,000.00 6,000.00 0.00
3 Instructor Training
4 Boating Safety Events
Total Program Expenses 46,000.00 46,000.00 0.00
TOTAL DIRECT EXPENSES 46,000.00 46,000.00 0.00

INDIRECT EXPENSES
Indirect Costs
1 Indirect Costs
Total Indirect Costs 0.00 0.00 0.00
TOTAL INDIRECT EXPENSES 0.00 0.00 0.00
TOTAL EXPENDITURES 46,000.00 46,000.00 0.00
Category Extension Total Cost Narrative Share

DIRECT EXPENSES
Program Expenses
1 Equipment 40,000.00 40,000.00 0.00
2 Scholarships 6,000.00 6,000.00 0.00
3 Instructor Training 0.00 0.00 0.00
4 Boating Safety Events 0.00 0.00 0.00
Total Program Expenses 46,000.00 46,000.00 0.00
TOTAL DIRECT EXPENSES 46,000.00 46,000.00 0.00
Contract# C8969330, City of Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04/0912025 Page: 96 of 117 6-103
Exhibit A - SCOPE OF WORK
I Category Extension Total Cost Narrative Share

INDIRECT EXPENSES
Indirect Costs
1 I 1ndlrect Costs 0.00 0 .00 0.00
Total Indirect Costs 0.00 0.00 0.00
TOTAL INDIRECT 0.00 0.00 0.00

EXPENSES
TOTAL EXPENDIT URES 46,000.00 46,000.00 0.00
Contract It C8969330 , City of Newport Beach. Aquatic Center Grant FY 2024-25 , Date: 04/09/2025 Page: 97 of 117 6-104

EXHIBIT B
Aquatic Center Grant Special Terms and Conditions
References to "Division" shall refer to Department of Parks and Recreation, Division of Boating and Waterways.

The Grantee is responsible for complying with these provisions for the entire term of the Agreement listed on the grant agreement cover page.

1. The Division shall provide the Grantee a sum not to exceed the amount specified in this Agreement for the purchase of equipment, scholarships, and/or instructor training for boating safety instructional programs in accordance with all Attachments incorporated herein.

2. This agreement is of no force or effect until signed by both parties. No reimbursement will be provided for work completed prior lo the date the agreement is fully executed.

3. Administrative Overhead
The grantee will only be reimbursed for administrative overhead costs as specified on the approved budget page of the grant agreement. Reimbursement requests for administrative overhead costs will not exceed the Grantee's current federally negotiated rate or a de minimus of 10 percent of direct costs identified in the grant applicaUon.

4. Grant Expenditures and Requesting Payments
The Grantee shall complete purchases of vessels and equipment, conduct all classes, trainings and events specified on the budget page of Exhibit A no later than May 31 2026. Completed requests for reimbursement must be received by the Division on or before July 15, 2026.

Expenses accrued under this agreement shall be computed in acco rdance with the Generally Accepted Accounting Principles. The State will reimburse direct and indirect costs in accordance with the Budget Page of this agreement.

5. Changes to the Budget Page
Tt,e Grantee will only be reimbursed for Items specified on the approved budget page of the grant agreement. Any modifications to the budget page(s) must be approved by the Division. The Grantee must submit a letter to the Division stating the reasons for the requested modification accompanied by a modified budget page . The Division must approve the modifications 1n writing before any reimbursement for expenditures reflected on the modified budget page is processed. Nothing herein shall require the Division to give their approval or to reimburse the Grantee for unapproved expenditures .

6. Invoicing Requirements
All invoices from the Grantee must be submitted with the appropriate reimbursement claim form supplied by the Division. Items listed on the claim form must match a corresponding line item on the Grantee's budget page(s), The entire involce including all applicable additional documentation listed in subsections A-D must be submitted to the Division . Acceptable documentat ion to show proof of payment includes :

1. Cancelled checks

2. Bank or credit card statement showing payment was provided to the vendor

3. Zero balance invoice for the vendor

4. Proof of Accounting Clearing House (ACH) or electronic transfer showing date, amount. and transaction confirmation number
Conlracl # C8969330, City of Newport Beach, Aquatic Center Gra~t FY 2024-25, Date: 04/09/2025 Page: 98 of 117 6-105
Additional Documentation
A. Equipment Reimbursement Payment Request
Reimbursement requests for purchased equipments.hall include:

1. Equipment reimbursement claim form

2. Manufacturer/dealer invoices.

3. Proof of payment
B. Scholarship Reimbursement Payment Request
Reimbursement requests for scholarship expenses shall include:

1. Scholarship reimbursement claim form

2. Student Rosters showing scholarship distributions that includeilither :

Sign-in sheet that includes the name, date, and cost of the course, participant names, email or phone number, and signature of attendee . The Division agrees not to release the names of minor students.
or
Group Scholarship Roster that includes the name and date of the course, participant names, group name, leader/coord inator contact information that includes contact name, phone or email address , and signature of group leader certifying that the students attended the course.

Grant funding shall not be used to reimburse scholarships for the same student repeating an identical course more than twice unless it is pre-approved in writing by the Division.

If contact information of the students or groups Is not available or cannot be released, the contractor shall request alternate submittal instructions from the Division.

C. Instructor Training Reimbursement Payment Request
Reimbursement requests for instructor training shall include:

1. Instructor training reimbursement claim form

2. Receipts from the organization teaching the course that show the course name. student name, date conducted, and cost of the course.

3. Proof of payment.

4. Certificate of course completion.

D, National Safe Boating Week Reimbursement Payment Request Reimbursement requests for National Safe Boating Week shall include:

1. National Safe Boating Week reimbursement claim form

2. Receipts for allowable expenses as described on the National Safe Boating Week information sheet.

3. Proof of payment

4. Documentation for staff hours worked will include the name of the employee , J,ourly rate, amount of pay, date worked, the name of the event, and signatures of both the staff member and the supeNlsor. If the grantee cannot produce a signed timesheet with this information , they shall request alternate instructions from the DiVision prior to the event.

Conlract II C8969 330, City of Newport Beach , Aquati c Center Grant fY 2024-25 , Date: 0410912025 Page: 99 of 117 6-106

7. Relmbursements
Reimbursements may be withheld by the Divisfon if the Grantee has outstanding issues, for example:
breach of any other contract with the Division, an unresolved audit exception, or failure to provide the information listed in Paragraph 6, A-D of this Exhibit.

8. For-Hire Operation Requirements
Teaching boating safety for a fee, or offsetting that cost by using scholarship funds, is considered to be carrying passengers for hire or for consideration. The Grantee shall comply with both federal requirements (Title 46 United States Code and specified in Titles 33 and 46 Code of Federal Regulations) and state requirements (Harbor and Navigation Code, Chapter 5, Article 3; California Code of Regulations, Title 14, Article 7) regarding for-hire vessel operation and will comply with those licensing requirements when applicable before utilizing any equipment or scholarship funding associated With this Agreement.

9. Meeting Requirement
The Grantee shall send a representative (boating program director, or other representative approved by the Division) to all days of one Aquatic Center Directors' Meeting annually during the term of the Agreement. Should the Grantee or representative be unable to attend the meeting, the Grantee must forward a letter to the Division stating the reason why they cannot attend and commit to attend the next meeting. The Division must grant approva'I in writing for the Grantee not to be in breach of this Agreement for failure to attend. Nothing herein shall require the Division to give its approval.

10. Performance Reports
Unless other dales are designated by the Division, the Grantee shall submit annual reports lo the Division due no later than December 5th each year for the prior federal fisca l year (October 1- September 30) of the Agreement term. The report shall include program actfvities and enhancements, the number and demographics of the population served by the Grantee's program during the previous calendar year, photographs or pictures from the year's activities, equipment inventory of items on the Divisibn's Inventory Form purchased with grant money if applicable. The Annual Report template will be available on the Dlvision's website by October 31st each year. 11 . Equipment Titling, Use, and Disposition
The Grantee agrees to use the equipment for the purposes authorized in the grant agreement for the entire term of the agreement or until the property is no longer needed. Title shall be vested with the Grantee.

The grantee shall not sell or dispose of any equipment purchased in the agreement without prior wrltten approval from the Division. The Grantee shall request disposition instructions from the Division for equipment no longer needed in the Grantee's boating education program or that is no longer seaworthy . Selling or disposing of items purchased under this agreement without obtaining written -approval from the Division may render the grantee ineligible in the future for grants under this program, as well as liable for repayment to the Division for the value of those items. or the sale price, whichever is higher.

Physical possession of all items associated with or purchased under this agreement shall revert to the Division if the grantee defaults on any portion of this agreement. In such case of grantee's default, grantee is liable for all costs incurred by the Division in regaining physical possession of those items, including but not limited to court costs, attorney fees, and delivery costs.

12. Equipment Maintenance and Property Loss
The Grantee shall be responsible for the costs of operating and maintaining grant-funded equipment; Con1rac1 # C89693 30, City of Newport Beach, Aquatic CenlerGrant FY 2024-25 , Oate: 04/09/2025 Page: 100 of 117 6-107
the Division is not liable for such costs . The Grantee agrees to repair or replace any equipment purchased under this Agreement if lost , stolen , or damaged. 13, Equipment Inventory
The Grantee shall perform a physical i nventory of all equipment purchased under this Agreement and reconcile the inventory with the property records at least annually to verify the existence , current utilization, and continued need for the equipment.

Property records shall be mafntained by the Grantee and submitted as part of the Grantee's annual performance report required in Paragraph 9 of this Exhibit uslng the Aquatic Grants Program 's inventory report form titled Equipment Inventory List that accurately provides :
a. Description of the property, including the manufacturer, model, serial number or other identification number
b. Property location, use, and condition.
c. Cost of the property, and the percentage of the property that was part of the grant award.

14. Use of the Equipment
Equipment purchased with fundfng granted under this Agreement shall be prioritized for use in the following order: 1) by students officially enrolled in the courses of instruction taught or provided by the Grantee; 2) 'by the Grantee for community/outreach events; 3) by members of the public through a DBW-approved equipment check-out program managed by the Grantee.

A, The Grantee shall ensure that if making grant-funded equipment available to be checked out. whether for free or for a fee, by a student enrolled in, or who has previously been enrolled in one of the Grantee 's boating safety courses , or checked out for use in competition as approved by DBW, that all such users have either, 1) successfully completed a boating safety course for that type of equipment through the Grantee's organization , or 2) demonstrated sufficie nt knowledge of applicable boaUng safety and navigational rules and laws and demonstrated safe and practical handling of the speclfic vessel being check-out before taking it on the water , or 3) received a basic boat ing safety check-out lesson and boating demonstration from qualified Instructors including on-the-water guidance. The Grantee shall have a DBW-approved equipment check-out poficy on file with DBW. The Grantee shall require the person checking out the vessel to sign a waiver stating that they have complied with one of the three safety requirements listed in this paragraph.

B. All proceeds from the above-specified uses of equipment purchased in this Agreement shall stay vested within the Grantee's boating safety education program, and shall be used only to fund enhancements of and additions to the Grantee's boating education program. The Grantee shall keep specific and accurate records of all uses of equipment purchased with funds granted under this Agreement, and all fees collected for uses of equipment purchased in this Agreement as specified in subdivision (a), above.

C. DBW shall have discretion to disapprove any course, course outline, or boating safety lesson plan of a Grantee before the Grantee proceeds with an equipment check-out program. The Grantee shall make any and all necessary changes to meet the DBW request. Approval shall not be unreasonably withheld.

D. On no occasion shall the Grantee lend or sub-lease DBW grant-funded equipment to another person or entity for any purpose without prior approval from the Division.

15. Procurement
When purchasing equipment and supplies, the Grantee shall ensure that they are in compliance with Contract fl. CB969330, City or Newport Beach, Aquatic Center Grant FY 2024-25. Date : 04/09/2025 Page: 101 of 117 6-108
lhe purchasing requirements of 2 CFR200.320.

A. Requirements for micro-purchases (items under $10;000) To the extent practical, the Grantee must distribute micro-purchases equitably among qualified suppliers . Micro-purchases may be awarded without soliciting competitive quotations if the Grantee considers the price to be reasonable .

B. Requirements for small purchases (items between $10,000 to $250,000} Price quotes must be obtained from 2-3 qualified sources.

C. Procurement by noncompetitrve proposals
Procurement of items from a single source may be used when one of the following circumstances apply :

1.The item is only available from a single source.

2.The public exigency or emergency for the requirement Will not permit a delay resulting from competitive solicitation.

3.The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals.

4.After solicitation of a number of sources, competition ls determined inadequate, All estimates or documentation shall be retained by the Grantee. The Grantee agrees to maintain such records for possible audit for o minimum of 15 years from the commencement of this Agreement.

16. Record Keeping
The Grantee agrees that the California Department of Parks and Recreation, the Division of Boating and Waterways, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

The Grantee shall keep a record of all paperwork connected with this Agreement including , but not limited to, request for changes to the budget page, invoices from manufacturers or dealers for equipment and supplies purchased, proof of payment , scholarsh ip class 11sts , requests for reimbursement and payments received from the Division regard ing those requests and records of operation and maintenance of grant-funded vessels.

Such records shall be available and open to the Division at all reasonable times for inspection and audit by any authorized representative of the Divlsion. The Grantee agrees to maintain such records for possible audit for a minimum of 15 years from the commencement of this Agreement.

17. Termination
In addition to the requirements listed in GTC (Exhibit C, Paragraph 7, Termination for Cause), The State reserves the right to terminate this Agreement subject to thirty (30) days written notice to the Grantee . In the event the Agreement is terminated prior to the expiration of the full term of ihe Agreement, ownership of all property purchased with funds from active agreements shall revert to the Division.

Failure by the Grantee to comply with any of the terms of this agreement or any other grant contracts that the Grantee has entered into with the State may be cause for suspension of all obligations of the State and may jeopardize the grantee's ability to be awarded funding in future grant opportunities offered by the Department of Parks and Recreation .

In the event the agreement is terminated, the grantee will take the following steps:.

Contract # C8969330 , City of Newport Beach, Aqua1/c Genter Grant FY 2024-25, Date: 0~/09/2025 Page: 102 of 117 6-109
A. Within 15 days of receiving a notice of termination, the grantee shall forward an inventory list of all equipment purchased in this agreement and still retained by the grantee for inspection by the Division. The Dfvision shall have 15 days to confirm lts accuracy in writing. l,3. Within 30 days of receiving an inventory confirmation from the Division, the grantee shall have all vessels and equipment purchased in this agreement and currently retained by the grantee inspected by a licensed independent mechanic. The mechanic will certify in writing as to the condition of any equipment, noting any defects as well as the seaworthiness of vessels and equipment. The grantee will be responsible for expenses associated with equipment inspection actlvities.

C. The grantee shall provide the written inspection detailed in 1.a. to the Division within 15 days of the inspection and request disposition instructions. The Division will respond within 30 days of receiving information detailed in 1.c. with instructions for disposition which may include but is not limited to, the selling of vessels and equipment and returning proceeds to the Division, properly disposing of vessels and equipment in unsafe or unusable condition, or facilitating the transfer of usable equipment to other grantees in contract with the Division .

The grantee wlll be responsible for all expenses associated with equipment disposition activities .

18. Amendment for Additional Time
Subject to available funding and satisfactory performance , the Division shall have the option of extending the term and expenditure dates of the grant, if requested. The Grantee shall submit a written request and justification for extension to the Division . If the proposal is satisfactory , the Division may award the Grantee additional time.
19, Release of copyrighted material pursuant to Public Records Act request Any and all information, wr1tlngs, reports, maps or materials generated or produced pursuant to this Agreement, whether in electronic , written , or any other format, are subJect to disclosure by the California Department of Parks and Recreation, Division of Boating and Waterways (Division) pursuant to the requirements of the California Public Records Act (PRA), Government Code section 6250 et seq., notwithstanding any copyright claims that may attach to such information , writings , reports, maps or materials. Any disclosure of such copyrighted material by the Division pursuant to the PRA shall not give the person or persons receiving such copyrighted information, license to violate the copyright, and any PRA requester who receives copyrighted material pursuant to PRA disclosure by the Division shall be Informed of that fact. The Grantee understands and agrees that it shall not be entitled to any additional compensation from the Division if any of the informatfon, writings, reports , maps or materials generated or produced pursuant to this Agreement, whether in electronlc, written, or any other format, are released by the Division pursuant to a demand for such information pursuant to the PRA.

The Grantee hereby indemnifies and holds the California Department of Parks and Recreation , Division of Boating and Waterways harmless for any and all violations of copyright perpetrated by any persons who receive such copyrighted information , writings, reports, maps or materials generated or produced pursuant to this Agreement, whether in electronic , written , or any other format, that is released by the California Department of Parks and Recreation, Division of Boating and Waterways pursuant to a demand for such information pursuant to the PRA." 20, Use of Name and Publici ty
Neither Party wlll use the name of the other Party or its employees in any advertisement, press release, or publicity with reference to this agreement or any product or service resulting from this Contract# C8969330, City of Newport Beach, Aquatlc Center Grant FY 2024-25, Date· 04/09/2025 Page: 103of 117 6-110
agreement, without prior written approval of the other Party except in the following manner:

A. The State may publish a list of grant award recipients and amounts that include the grantee.

B. The State may list the grantee on the Division's website in order to direct members of the public to boating courses given by the grantee .

C. The State may publicize events given by the grantee associated with this grant award or related boating safety events.

D. The grantee shall list a link on their website directing people back to the Division for other boating safety information.

E. The State may list the grantee's mime or information from annual reports on reports to the Legislature, the United States Coast Guard , or other internal reports within the CA Department of Parks and Recreation .

F. The grantee shall obtain model releases or other releases when appropriate for any photos submitted with reports required by this agreement. The Division may use submitted photos on their website, in brochures, or in other information.

21. Liability Waiver
The grantee will require and keep on flle a signed liability waiver for each student who uses grant funded equipment or receives a grant-funded scholarship .

22. Proof of Tax-Exempt Status
All grantees With non-profit status shall do the following:

A. Submit a copy of their IRS letter recognizing their organization as tax exempt annually to the Division .

B. Keep in good standing with the California Attorney General's Office.

23. Travel Expenses
Travel costs will comply with the requirements listed in 2 CFR 200.474. The grantee will include a copy of their travel policy with all reimbursement requests for travel. If no policy exists , reimbursement thresholds will default to the Federal reimbursement rates .

24. Federal Funding Requirements
This agreement is subject to the requirements listed in 2 CFR Part 200 (Uniform Administrative requirements, Cost Principles, and Audit Requirements for Federal Awards) unless otherwise superseded by state or programmatic statute. The name of the federal agency, the prime award number, and the Catalog of Federal Domestic Assistance (CFDA) program number are listed herein:

State Agency to Complete (Required for Federal Funding Source):

Federal Agency United States Coast Guard
Federal Award Identification Number 70Z02324MO0002706
Federal Award Date 03/01/2023
Catalog of Federal Domestic Assistance 97.012
(CFDA) Number and Name
Amount Awarded to State Agency 4,920,223.00
Contract# C8969330, Cily of Newpor1 Beach , Aquatic Center Granl FY 2024-25. Oata: 04/09/2026 Page: 104 or 117 6-111
Effective Dates for State Agency 10/01/2023
Federal Award to State Agency is Research & No
Development (Yes/No)
The Department of Parks and Recreation, Division of Boating and Waterways and its agent may, at any and all reasonable times during the term of this Agreement , enter the project area for purposes of inspecting any activities or equipment funded by this grant.

INSURANCE REQUIREMENTS

25. General insurance requirements applying to all policies A. Coverage Term
Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the grant, a new certificate must be received by the Division at least ten (10) days prior to the expiration of this insurance. Any new insurance must comply with the original terms of the grant.

B. Policy cancellation or termination & notice of non-renewal Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the Division. In the event The Grantee fails to keep in effect at all times the specified insurance coverage, the Division may, in addition to any other remedies, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

C. Deductible
The Grantee is responsible for any deductible or self-Insured retention contained within their insurance program.

D, Primary clause
Any required insurance contained in this Agreement shall be primary , and not excess or contributory, to any other insurance carried by the State.

E. Insurance carrier required rating
All Insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Grantee is self-insured for a portion or all of its insurance , review of financial information Including a letter of credit may be required .

F. Endorsements
Any required endorsements requested by the Division must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.

All policies or letters of self-insurance must use the CG-2010-1185 form or equivalent and include the following clause:

The California Department of Parks and Recreation , Division of Boating and Waterways and the State of California, its officers, agents, employees , and servants are named as additional insured.

In the case of the Grantee's utllization of subcontractors to complete the scope of work, the Grantee shall include all subcontractors as insured's under the Grantee's insurance or supply evidence of insurance to the Division equal to pol icies, coverages , clauses and limits Contract# C8969330, City or Newport Beach, AquaUc Center Grant FY 2024-25, Date: 04/09/2025 Page: 105 of 117 6-112
required of the Grantee.

Any proposed change in this status shall be reported to the Division prior to the change and may result in restrictions being imposed on the usage of the monies or equipment.

G. Inadequate Insurance -
- Inadequate or lack of insurance does not negate the Grantee 's oblfgations under the Agreement.

26. Insurance Coverage Requirements
A. Commercial General Liability
The Grantee shall maintain general liability with limits of not less than $1 ,000,000 per occurrence for bodily injury and property damage liability combined With a $2,000,000 annual policy aggregate . The policy shall include coverage for liabilities arising out of premises , operations , independent contractors, products , completed operations , personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee's limit of liability .

B. Vessel Insurance
The Grantee shall maintain the necessary insurance for all vessels bought with the grant money and all vessels used in boating programs funded by grant money.

C. Automobile Liability
The Grantee must provide either ( 1) or (2) below:

1. If automobiles are used in the transportation of vessels or people involved in aquatic programs then the following coverage is needed:

The Grantee shall maintain motor vehicle liability with limits required by State and Federal statute but shall not be less than $1,000 ,000 combin ed single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.

2. If automobiles are not used in the transportation of vessels or of people When carrying out the activities covered by this grant award , then the Non Use of Automobiles Proof of Insurance Waiver must be submitted .

D. Watercraft Liabflity
The Grantee shall maintain watercraft liability with limits not less than $1 ,000,000 combined single limit per accident. Such insurance shall cover liability arising out of the maintenance and use of any watercraft.

Workers Compensation and Employers Liabilrty
The Grantee must provide either (1) or (2) below:

1. The Grantee shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer 's liability limits of $1 ,000,000 are required .

In addition, the Grantee shall forward a Waiver of Subrogation.

2. If paid employees are not used to carry out the activities covered by this Agreement. then the Exemption of Workers Compensation must. be submitted.

Contract# C8969330 , City of Newport Beach, Aquatic Canier Grant FY 2024-25, Date: 04/09/2025 Page: 106 or 117 6-113

27. Self-Insurance
The Grantee shall provide evidence of self-insurance. The Division reserves the right to request information concerning the grantee 's ability to adequately self-insure.

Contract # C8969330 , City of Newport Beach, Aquatic Center Grant FY 2024-25, Date: 04109/2025 Page: 107 of 117 6-114

EXHIBIT C
Aquatic Center Grant General Terms and Conditions
GTC 04-2017
APPROVAL:

This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT:

No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in lhe Agreement is binding on any of the parties.

3. ASSIGNMENT:

This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State In the form of a formal written amendment.

4. AUDIT:

Contractor agrees that the awarding department , the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896),

5. INDEMNIFICATION:

Contracto r agrees to indemnify , defend and save harmless the State , its officers , agents and employees from any and alt claims and losses accruing or resulting to any and alt contractors , subcontractors , suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be Injured or damaged by Contractor in the performanc e of this Agreement. 6, DISPUTES:

Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE:

The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR:

Contractor, and the agents and employees of Contractor, in the performance of this Agreement , shall act in an independent capacity and not as officers or employees or agents of the State.

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9. RECYCLING CERTIFICATION:

The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined tn the Public Contract Code Section 12200 , in products , materials, goods, or suppl'ies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certificatlon required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE:

During the performance of this Agreement , Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability , mental disability , medical condition , genetic information , marital status, sex , gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression , age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination . Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139 .5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatfves of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records , accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other a.greement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11 , CERTIFICATION CLAUSES:

The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/20 17 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS:

Time is of the essence in this Agreemen

13. COMPENSATION:

The consideration to be paid Contractor, as provided herein , shall be in compensation for all of Contractor's expenses incurred in the performance hereof , including travel, per diem , and taxes , unless otherwise expressly so provided .
14, GOVERNING LAW:

This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

Contract # C8969330, City ol Newport Beach, Aqualfa Center Grant FY 2024-25, Date: 04/09/2025 Page: 109 of 117 6-116

15. ANTITRUST CLAIMS:

The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) ''Public purchase" means a purchase by means of competitive bids of goods, services , or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
o. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final· payment to the bidder. Government Gode Section 4552.
c. If an awarding body or public purchasing body receives , either through judgment or settlement , a monetary recovery for a cause of action assigned under this chapter , the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand , recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred 1n obtaining that portion of the recovery. Government Code Section 4553.
d, Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT:

For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement , including , but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Conlracl # C8969330. City of Newpon Beach, Aquatic Center Gran! FY 2024-25, Date: 04/09/2025 Page: 110 or 117 6-117

17. UNENFORCEABLE PROVISION:

In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parttes agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS:

If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration In filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment lo achieve small business participation 1 then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participat ion, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract ; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prlme Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code§ 14841,)

20. LOSS LEADER:

If this contract involves the furnishing of equipment, materials, or supplies then the following statement is lncorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader'' as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
Contract C896933 0, City of Newport Beach, AquaUc Center Grant FY 2024-25. Date: 04/09/2 025 Page: 11 I of 117 6-118

EXHIBIT D
Aquatic Center Grant Contractor Certification Clauses-CCC 04/2017

CERTIFICATION
I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California.

Grantee Agency Name (Printed);
Federal ID Number:

By (Authorized Signature):

Printed Name and Title of Person
Signing:

Date Executed:

City of Newport Beach
95-6000751
Executed Tn the County of: Orange

CONTRACTOR CERTIFICATION CLAUSES
1, STATEMENT OF COMPLIANCE:

Contractor has , unless exempted , compl ied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entitles.)

2. DRUG-FREE WORKPLACE REQUIREMENTS:

Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture , distribut ion, dispensation , possess 1on or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations . b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs:
and,
4) penalties that may be Imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification , or violated the certification by falling to carry out the requirements as noted above. (Gov. Code §8350 et seq.) l. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:

Contract# C8969330, City of Newpon Beacti, Aquatic Genier Grant FY 2024-25, Date: 04/09/2025 Page: 112 of 117 6-119
Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board . (Pub.

Contract Code §10296) (Not applfcable to public entities .)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Contractor hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement wlth the State.

Failure to make a good faith effort may be cause for non-renewal of a state agreement for legal servlces , and may be taken into account when determining the award of future contracts/agreements with the State for legal services .

5. EXPATRIATE CORPORATIONS:

Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California .

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penally of perjury that no apparel , garments or corresponding accessories , equipment , materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction , abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor , The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108,
b. The Contractor agrees to cooperate fully in providing reasonable access to the Grantee's records, documents , agents or employees , or premises if reasonably required by authorized officials of the contracting agency , the Department of Industrial Relations , or the Department of Justice to determine the contractor 's compliance wit.h the requirements under paragraph (a).

7. DOMESTIC PARTNERS:

For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that Grantee is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY:

Contract# C8969330. City or Newport Beach. Aquatic Center Grant FY 2024-25. Date: 04/0912025 Page; 113 of 117 6-120
For contracts of $100,000 or more, Contractor certiffes that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California. '1 , CONFLICT OF INTEREST:

Contractor needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement , the awarding agency must be contacted immediately for clarification .

Current State Employees (PCC 10410):

I) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independenl contractor wrth any state agency to provide goods or services .

Former State Employees (PCC 10411 ):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged ln any of the negotiations , transact ions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Grantee violates any provisions of above paragraphs , such action by Grantee shall render this Agreemen t void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission , payment for preparatory time and payment for per diem. (PCC 10430 (e))

2. LABOR CODE/WORKERS' COMPENSAT ION:

Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement . (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT~
Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability , as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) Contract # C8969330 , City of Newport Beacn . Aquallc Center Grant FY 2024-25. Date : 04/09/2025 Page: 114 of 117 6-121

4. CONTRACTOR NAME CHANGE:

An amendment is required to change the Contractor's name as listed on this Agreement.

Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R& TC Section 23101 as actively engaging In any transaction for the purpose of financial or pecuniary gain or prom. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations {those incorporated outside of California) must be in good standing in order to be qualified to do business in California .

Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION:

A county, city, district. or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION:

Under the State laws, the Contractor shall not be: ( 1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204:

This form must be completed by all contractors that are not another state agency or other governmental entity.

Contract# C8969330 . City of Newport Beach, Aquatic Center Grant FY 2024-25. Date! 04/09/2025 Page: 115 of 117 6-122

1. 2.

3. EXHIBIT E
Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008 Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475 , et seq.; Stats . 2008, Ch. 272) . The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with "scrutinized" companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 104 75.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal •for a contract wlth a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore , Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a "scrutinized" company when it submits a bld or proposal to a State agency . (See # 1 on the sample Attachment) .

A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services {DGS) according to the criteria set forth In Public Contract Code section 10477(b). (See# 2 on the sample Attachment).

The following sample Attachment may be included in an IFB or RFP to satisfy the Act's certification requirements of bidders and proposers.

Pursuant to Public Contract Code section 10478, if a b idder or proposer currently or within the previous three years has had business activities or other operations outside of the United Slates , it must certify that II is not a ''scrutinized" company as defined in Public Contract Code sectlon 104 76.

Therefore, to be eligible to submit a bid or proposal, please complete only one of the following three paragraphs (via initials for Paragraph# 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

We do not currently have, or we have not had within the previous three years, business activities or other operations outside of the United States.

OR
We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR
We currently have, or we have had within the previous three years, business activities or other operations outside of the United States , but we certify below that we are not a scrutiniz_ed company as defined 1n Public Contract Code section 104 76.

CERTIFICATION For# 3.

Contract II C8969330 , City of Newport Beach , Aquatic Center Grant FY 2024-2 5, Dale: 04/0912025 Page: 116 or 117 6-123
I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the Stale of California.

Grantee Agency Name (Printed):

Federal ID Number:

By (Authorized Sighature):

Printed Name and Title of Person
Signing:

Date Executed:

City of Newport Beach
95-6000751
Executed in the County of: Orange

YOUR BIO OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BIO OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3

INITIALED AND CERTIFIED
Contract# C8969330, Cily of Newpo[l Beach, Aquatlc Center Granl FY 2024-25 , -Date: 04/09/2025 Page: 117 of 117 6-124

Department: Recreation & Sr Services
Requestor: Matt Chong
City of Newport Beach

BUDGET AMEN DM ENT
2024-25
ONE TIME: D Yes G No
Approvals
□ CITY MANAGER'S APPROVAL ONLY
~@,~ Finance Director:

V
0 COUNCIL APPROVAL REQUIRED City Clerk:

EXPLANATION FOR REQUEST:

ATTACHMENT B
BA#: 25-064
Date 't/Z3/'2,5
Date
To recognize revenues from the State of California Division of Boating and Waterways (State DBW) grant in Marina Park Sailing and increase expenditures associated with the grant in Marina Park Equipment NOC.

D from existing budget appropriations
G from additional estimated revenues
D from unappropriated fund balance

REVENUES
Fund# Org Object Project Description Increase or (Decrease ) S 010 0107023 561086 G2502 MARINA PARK - MARINA PARK SAILING 46,000.00 Subtotal\ $ 46,000.00

EXPENDITURES
Fund# Org Object Project Description Increase or (Decrease)$ 010 0107023 911024 G2502 MARINA PARK - EQUIPMENT N.0.C. 46,000.00 Subtotall $ 46,000 .00 '-'-------'------'

FUND BALANCE
Fund# Object Description Increase or (Decrea se)$
010 300000 GENERAL FUND - FUND BALANCE CONTROL
Subtotal\ $ '-'---------....J
No Change In Fund Balance
6-125

Newport Beach City CouncilMay 13, 2025

Newport Beach City Council
May 13, 2025