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Home My WebLink About07 - Amending Sections of the NBMC to Include Education and Enforcement Related Provisions as a Function of the Recreation & Senior Services DepartmentQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report October 14, 2025 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Sean Levin, Recreation and Senior Services Director - 949-644- 3151, slevin@newportbeachca.gov PREPARED BY: Justin Schmillen, Recreation and Senior Services Deputy Director 949-644-3160, jchmillen@newportbeachca.gov TITLE: Ordinance No. 2025-30: Amending Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the Newport Beach Municipal Code to Include Education and Enforcement Related Provisions as a Function of the Recreation & Senior Services Department /_1 16"t I:7_T91 6 For the City Council's consideration is an amendment of Newport Beach Municipal Code (NBMC) Chapter 2.12.110 that would add enforcement of park and park facility related provisions of the code as a function of the Recreation & Senior Services Department (RSS). This inclusion is necessary to apply for and execute a Management Control Agreement (MCA) between the Newport Beach Police Department (NBPD) and RSS to authorize Park Patrol Officers (PPOs) use of the California Law Enforcement Telecommunication System (CLETS). The attached ordinance was introduced and considered at the September 23, 2025, City Council meeting. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2025-30. An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the Newport Beach Municipal Code to Include Education and Enforcement Related Provisions as a Function of the Recreation and Senior Services Department. DISCUSSION: On July 22, 2003, City Council approved a Park Patrol program under the Recreation & Senior Services Department (RSS) to patrol and monitor active parks and recreation facilities and maintain a safe park environment in the City of Newport Beach (City). Park Patrol Officers (PPOs) patrol and maintain a presence in the City's 65 parks year-round, making over 15,000 public contacts annually. Their primary goal is to gain compliance with park rules and regulations through public education. They also have the authority to 7-1 Ordinance No. 2025-30: Amending Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the Newport Beach Municipal Code to Include Education and Enforcement Related Provisions as a Function of the Recreation & Senior Services Department October 14, 2025 Page 2 write administrative citations, if necessary, for Newport Beach Municipal Code (NBMC) violations that occur in City parks. PPOs are equipped with radios and provided access to police communications and may be dispatched, called upon to assist, or coordinate with Newport Beach Police Department (NBPD) in certain situations. Based on Park Patrol's specified services, NBPD has requested a Management Control Agreement (MCA) between the NBPD and RSS Departments to authorize PPO's use of CLETS equipment and information. CLETS is a communications network maintained by the California Department of Justice (DOJ) to communicate and obtain information from federal and state databases. The NBPD is a CLETS subscribing agency. Section 1.5.1A of the DOJ's CLETS policies, practices and procedures, states that non- criminal justice agencies "may access CLETS equipment or information from the CLETS on behalf of the CLETS subscribing agency to accomplish specified services (such as dispatching, parking citations or data processing/information technology services), if such delegation is authorized pursuant to statute, ordinance, regulation or an agreement between agencies." A signed MCA must be received and approved by the DOJ to authorize the NBPD to permit access to RSS. An MCA would require Park Patrol officers to maintain annual CLETS security training to qualify for access to NBPD's encrypted radio system. It would also allow them to conduct a search of licenses plate information over the radio system. Amending Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the NBMC to include the "education and enforcement of park and park facility related provisions of the code" as a department function provides the statue necessary to distinguish the RSS Department as an authorized, non -criminal justice designee to enable the MCA. The NBPD currently has three MCAs in place with other City departments that state an enforcement function under their respective sections of Chapter 2.12 of the NBMC: Harbor Department, Community Development Department/Code Enforcement and Public Works Department/Refuse Division. The attached ordinance was introduced and considered at the September 23, 2025 City Council meeting. a I,*a_N I ►yi U_To 9 There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 7-2 Ordinance No. 2025-30: Amending Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the Newport Beach Municipal Code to Include Education and Enforcement Related Provisions as a Function of the Recreation & Senior Services Department October 14, 2025 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Ordinance No. 2025-30 7-3 ATTACHM NT A ORDINANCE NO. 2025-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 2.12.110 OF CHAPTER 2.12 (ADMINISTRATIVE DEPARTMENTS) OF THE NEWPORT BEACH MUNICIPAL CODE TO INCLUDE EDUCATION AND ENFORCEMENT RELATED PROVISIONS AS A FUNCTION OF THE RECREATION AND SENIOR SERVICES DEPARTMENT 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, since 2003, the Recreation and Senior Services Department ("Recreation and Senior Services") has administered the Park Patrol Program to monitor 65 City parks and enforce park rules with Park Patrol Officers ("PPOs"); WHEREAS, PPOs patrol 365 days a year and make over 15,000 public contacts annually which serve to educate the public and gain compliance with park rules and regulations. Additionally, PPOs have the authority to issue administrative citations for Newport Beach Municipal Code ("NBMC") violations in City parks and to assist the Newport Beach Police Department ("NBPD") when called upon; WHEREAS, NBPD has requested a Management Control Agreement ("MCA") between NBPD and Recreation and Senior Services authorizing PPOs to use California Law Enforcement Telecommunications System ("CLETS") equipment and information; WHEREAS, CLETS is a communications network maintained by the California Department of Justice ("DOJ") to communicate and obtain information from federal and state databases; WHEREAS, Section 1.5.1A of the DOJ's CLETS Policies, Practices and Procedures, states that NBPD may enter into a MCA with non -criminal justice designees pursuant to statute, ordinance, regulation or an agreement to authorize access to CLETS information and equipment; 7-4 Ordinance No. 2025- Page 2 of 4 WHEREAS, each of the City's three non -criminal justice designees, the Harbor Department, Community Development Department - Code Enforcement, and Public Works Department, have entered into a CLETS MCA with NBPD, which includes a Release of Information Agreement referencing the enforcement of the NBMC as a department function under Chapter 2.12 (Administrative Departments) of the NBMC; WHEREAS, the City Council intends to amend the NBMC to reflect the enforcement function of park and park facility provisions of the NBMC by Recreation and Senior Services, which is a requirement to access CLETS; and WHEREAS, an MCA with Recreation and Senior Services would require each PPO to maintain annual CLETS security training to qualify for access to NBPD's encrypted radio system and the capability to conduct a search of license plate information over the radio. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the Newport Beach Municipal Code is hereby amended to read as follows: Section 2.12.110 Recreation and Senior Services Department The Recreation and Senior Services Department shall be under the supervision of the Recreation and Senior Services Director. The functions of the Recreation and Senior Services Department shall include: A. Advise and liaison to the Parks, Beaches and Recreation Commission; B. Planning coordination and direction of community recreational activities; C. Operation and control of all parks, recreation, and senior services facilities over which the City exercises jurisdiction; D. Master planning for the acquisition and development of park and recreational facilities; E. Education and enforcement of park and park facility related provisions of this Code; and F. Such other functions as may be delegated by the City Manager or the City Council. 7-5 Ordinance No. 2025- Page 3 of 4 Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: 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 4: 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 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: 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. 7-6 Ordinance No. 2025- Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of September, 2025, and adopted on the 14th day of October, 2025, by the following vote, to -wit: AYES: NAYS: ABSENT: Joe Stapleton, Mayor ATTEST: Molly Perry, Interim City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ,t' C & 4L.- Adron C. Harp, City Attorney 7-7