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Newport Beach to curtail camping in public right-of-way

Tom Gallenkamp camps under the Balboa Pier in Newport Beach in 2018.
Tom Gallenkamp was camping under the Balboa Pier in Newport Beach in 2018. He said he had been homeless for about eight months after losing his home of about a dozen years when the owner decided to renovate the complex.
(File Photo)
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Camping on public property when shelter beds are available will be prohibited in Newport Beach, following a new policy approved Tuesday by the City Council.

The panel unanimously approved a new ordinance as part of the recommendations it received from an ad hoc committee on June 13. The committee, which was first formed in 2019 and worked on and off over the next few years, was reestablished in March with Mayor Noah Blom and Councilwomen Robyn Grant and Lauren Kleiman. They were tasked with evaluating existing services addressing homelessness in Newport Beach and whether or not additional services might be required.

The approved ordinance prohibits sitting, lying, sleeping or storing of personal effects in areas directly impacting traffic or access to, specifically, cancer treatment centers, colleges, schools, day care centers, businesses, private property, firefighting, facilities, public restrooms and bike paths.

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It also prohibits unpermitted physical structures, regardless of shelter bedspace; camping on public property using camping gear without permission from the city; fires in unpermitted areas; lodging in public restrooms; usage of public fountains, drinking faucets, restroom sinks and sprinklers to wash dishes, clothes or bathe; leaving personal property unattended on public property; and injuring public property.

The city currently has a contract with Be Well OC, collaborates with nonprofit CityNet, and partners with the city of Costa Mesa in its homeless shelter. According to recent data collected by the city, there were about 41 unsheltered individuals in the city of Newport Beach in May.

“This is not something that’s happened in the last couple of days, weeks or months. This has been a process of years and years. These recommendations that came out of the ad hoc committee are a culmination of a lot of efforts within the city and we have the same frustrations that everyone [attending the meeting] does right now,” Blom said. “Our goal right now is to find the best, most proactive way to help those that are out there while ensuring the quality of life that we’re all looking for.”

Kleiman said of the proposed measures, “In no way are we trying to shuck our responsibility to provide assistance as evidenced by the procurement of additional shelter beds and our partnerships with BeWell, CityNet and Costa Mesa.”

Residents were overwhelmingly in support of the ordinance. Many of those commenting Tuesday night were emphatic that they wanted to help unsheltered people off of the streets, but that they also wanted other citizens and tourists to safely enjoy public amenities such as the Balboa Pier and Newport Pier.

“Based on recent court decisions, the city’s municipal code provisions needed updating,” City Atty. Aaron Harp said Wednesday. “This is especially true for regulations that protect public access and ensure sanitary conditions are maintained. The proposed ordinance is designed to align the city’s regulations with the guidance that has been provided by the courts over the last few years.”

Harp said the city does not expect a challenge to the new ordinance, which comes on the heels of a memorandum with the city of Costa Mesa and will expand shelter beds for Newport from 20 to 25. Five other beds meant for Costa Mesa could also potentially be allocated to Newport if they aren’t in immediate use.

A second reading of the ordinance will come at the next City Council meeting on July 11 and the policy will be in effect about 30 days thereafter, according to Harp.

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