HomeMy WebLinkAbout2025-30 - Amending Section 2.12.110 of Chapter 2.12 (Administrative Departments) of the NBMC to Include Education and Enforcement Related Provisions as a Function of the Recreation and Senior Services DepartmentORDINANCE 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 ("DOX) 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;
Ordinance No. 2025-30
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.
Ordinance No. 2025-30
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.
Ordinance No. 2025-30
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: Mayor Stapleton, Mayor Pro Tern Kleiman, Councilmember Barto,
Councilmember Blom, Councilmember Grant, Councilmember
Weber, Councilmember Weigand
NAYS: None
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C.
ar n C. Harp, City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2025-30 was duly introduced on the 23rd day of September, 2025, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 14th day of October, 2025, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember
Michelle Barto, Councilmember Robyn Grant, and Councilmember Sara J.
Weber and Councilmember Erik Weigand
NAYS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
15th day of October 2025.
9MFJI �'I VOLU
Molly Perry, MIA,,k'k ;,km�'f
Interim City Cle k ;
cal �l ,.i5'fC^'+
City of Newport Beach, CaIi?o'i iWiatl
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
City this
yr�
jC
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2025-30 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in the Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: September 13, 2025
Adopted Ordinance: October 18, 2025
In witness whereof, I have hereunto subscribed my name this 15th day of October, 2025.
Molly Perry, MP , CIVIC
Interim City Cle
City of Newport Beach, California