Loading...
HomeMy WebLinkAbout24 - Homeless Outreach Services Biannual UpdateQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report August 27, 2024 Agenda Item No. 24 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Tara Finnigan, Assistant City Manager - 949-644-3035, tinnigan@newportbeachca.gov TITLE: Homeless Outreach Services Biannual Update ABSTRACT: This report serves to update the City Council on the various elements of the City's homeless outreach program for the period from January 1, 2024, through June 30, 2024. The report contains summaries of the tasks accomplished under the program and the data collected by City staff and consultants is included as an attachment to the report. In addition, staff is seeking the Council's approval of two related items. First, staff recommends approval of a six-month agreement with Mind OC to continue the Be Well OC Mobile Response Team services in Newport Beach. Second, staff recommends approval of Ordinance No. 2024 - 19, which, if adopted, would modify Newport Beach Municipal Code regulations that govern the use of public property and interference with public access. 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) Receive and file the biannual homeless outreach services update and data reports for the period from January 1, 2024, through June 30, 2024; c) Authorize the Mayor and City Clerk to sign a Professional Services Agreement with Mind OC for the Be Well OC Mobile Crisis Response Team Program for a term of six months, with an option to renew for an additional six months, for a total not -to -exceed contract amount of $838,234, in a form substantially similar to the agreement attached to the staff report; and d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024 - 19, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 10.08 (Interference with Public Access), Chapter 10.14 (Prohibition Against Camping in Public Places), and Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code. 24-1 Homeless Outreach Services Biannual Update August 27, 2024 Page 2 DISCUSSION: Homeless Outreach Update In June 2023, the City Council set forth its approach to people experiencing homelessness in Newport Beach through the adoption of Resolution No. 2023-41. The resolution included a provision requiring staff to report to the Council every six months for two years on the City of Newport Beach's outreach to those experiencing homelessness within the community. This update on the City's outreach efforts is for the period from January 1, 2024, through June 30, 2024. City staff and contractors continue to track their homeless -outreach -related activities. Data collected by the Police, Public Works, Fire and Recreation and Senior Services Departments, as well as contractors Be Well OC, City Net and People Assisting the Homeless is included as Attachment D. The data report also includes data from the Costa Mesa Bridge Shelter as well as information on street exits and housing placements. During the reporting period, there were 130 street exits and 12 individuals housed. Point in Time Count The County of Orange conducted the federally mandated Point in Time Count (PIT Count) in January. The PIT Count is managed by County staff and the County's outreach consultant, and representatives of each Orange County city and local volunteers participate by canvassing communities to locate and interview people experiencing homelessness. In Newport Beach, City Council members, staff and residents worked alongside County representatives in the early morning and late evening hours of January 23 to conduct the local count. Though the 2024 PIT Count found that countywide, homelessness increased 28 percent since the last count occurred in 2022, Newport Beach's 2024 PIT count decreased approximately 25 percent. The 2024 PIT Count recorded 71 people experiencing homelessness in Newport Beach, down from the 2022 count of 96 people. This reduction can be attributed, at least in part, to the City's concerted efforts to help people move into temporary and permanent housing, more shelter capacity, and the City's extensive outreach efforts, which have connected individuals to services to help end their homelessness and in some cases, enabled them to reunify with family. People Assistina the Homeless In February, the City contracted with People Assisting the Homeless (PATH) for homeless outreach and engagement services. PATH, which was selected after a procurement process, replaced the City's former street outreach provider, City Net. PATH staff members work in Newport Beach Monday through Friday and are available as needed on weekends. 24-2 Homeless Outreach Services Biannual Update August 27, 2024 Page 3 The contractor helps individuals experiencing homelessness by enrolling them into social services, providing them with transportation to critical appointments, and connecting them to temporary shelters such as the Costa Mesa Bridge Shelter and the County of Orange's Yale Navigation Center. PATH operates the Yale Navigation Center for the County and the PATH Newport Beach outreach team leverages this relationship when beds are available. Shelter Referrals Costa Mesa Bridge Shelter Under an agreement with the City of Costa Mesa, there are 25 beds available at the Costa Mesa Bridge shelter for Newport Beach's exclusive use. When those 25 beds are full, Costa Mesa allows Newport Beach to use up to six of the Costa Mesa -designated beds for a per diem rate, if beds are available. From January to June, 41 people with Newport Beach ties entered the Costa Mesa Bridge Shelter for the first time. During the same period, Newport Beach utilized one of Costa Mesa's shelter beds for a total of eight nights. Once at the shelter, people receive wrap -around services, including housing navigation, connections to social service agencies, and job search resources. This spring, the City of Costa Mesa evaluated the housing navigation service being provided to shelter guests and made a change. As of July, Costa Mesa assumed responsibility for all housing navigation case management at the shelter. Four full-time case managers, employed by Costa Mesa, now meet with shelter guests weekly to monitor their progress in obtaining vital documents, locating housing opportunities, and keeping appointments, including those for apartment tours, lease signings, social services, and medical or mental health needs. Other Shelters and Treatment Programs Between January and June, the PATH team also placed people into other shelters and programs to facilitate street exits. PATH placed two people into the Yale Navigation Center and one person at the Huntington Beach Navigation Center due to the individual's strong ties to Huntington Beach. Additionally, one person was placed into recuperative care with Illumination Foundation and one person was placed into a residential sobering program, Treehouse South. Individuals Housed The City of Newport Beach employs a full-time homeless services manager in the City Manager's Office and a full-time homeless liaison officer in the Newport Beach Police Department. The two staff members meet regularly with the contracted service providers — PATH and Be Well OC - to share client updates, discuss barriers to service, and support people newly housed or sheltered. 24-3 Homeless Outreach Services Biannual Update August 27, 2024 Page 4 In addition, the homeless services manager receives daily reports from the Be Well OC team and weekly updates from the PATH team on the activities of each provider. From January to June 2024, the City of Newport Beach housed 12 people and reunified three people with their families. Good Givina Proaram During the six-month reporting period, community members donated a total of $630 to the Good Giving Campaign. Staff utilizes Good Giving program funds to assist people experiencing homelessness with expenses such as buying clothes for a job interview or purchasing household items such as sheets and towels once they obtain housing. Homeless Solutions Collaborative The Homeless Solutions Collaborative is a group of faith -based and non-profit leaders that periodically meets with City staff to learn about and provide input on the outreach services the City provides. The group met in February and May. The agenda items included a discussion on the City's access to extra beds (the increase from 20 to 25 beds) at the Costa Mesa Bridge Shelter and a presentation by PATH representatives on the agency's services. Be Well OC The Be Well OC Mobile Crisis Team continued to provide outreach and mental and behavioral health resources and services to people experiencing homelessness in Newport Beach. Be Well also operates a campus in the City of Orange, which includes a sobering station and crisis stabilization services. From January through June, the Be Well team transported 38 people to the sobering station and 29 people to crisis stabilization units. The team also transported 50 people to shelters. The Be Well team's average response time to calls for service was 10 minutes, and it resolved crises without a police or fire department response for 79 percent of the calls. The team completed 2,581 calls for service during this review period. Federal Marsh Area Encampments Clean UD In April, the City and County of Orange assisted the U.S. Army Corps of Engineers (Army Corps) with another cleanup of the federally protected marsh area located near Coast Highway and the Santa Ana River. A proliferation of trash and debris, and occasional campfires, associated with homeless encampments continues to be a serious concern for the City and nearby residents. The regional Army Corps office does not have the staff or heavy equipment resources needed to accomplish the cleanup work and asked for City and County assistance. Twenty-two staff members from the City's Public Works Department provided hands-on assistance and brought a backhoe, a loader and three dump trucks to haul away the materials collected. 24-4 Homeless Outreach Services The Police Department provided outreach assistance, and the County outreach team onsite and members of its Public Works Department cleanup. The three agencies last cleaned the area in September 2023. Biannual Update August 27, 2024 Page 5 had its homeless helping with the Representatives of the City Manager's Office and Public Works Department are now meeting regularly with Army Corps and County representatives to develop a long-term strategy for monitoring and maintaining the marsh area. The City desires to see preventative rather than reactive measures in place for the federal property and a coordinated approach to managing adjacent areas that are private property or within the County's or City's jurisdiction. Funds Expended The City expended the following between January 1 and June 30 of this year in support of the homeless outreach program: Service Expense Costa Mesa Bridge Shelter $957,955 City Net Outreach Services (3 months) $42,702 PATH Outreach Services 3 months $14,108 Be Well OC Mobile Crisis Response Team $520,380 Good Giving Program — Outreach Materials $3,063 City Homeless Assistance $5,910 Total 1,544,118 *Table does not include salaries and benefits of the homeless services manager or homeless liaison officer Ordinance No. 2024 - 19 Since the last reporting period, the City has continued to experience issues with people lying, sleeping, sitting, or placing personal belongings on public property in a manner that interferes with the intended use of the public property. For instance, City employees and the public have witnessed people: leaving personal items on public property that is unattended; lying on public benches; storing personal property on public bike racks; setting up tents on public property; lodging in public restrooms; sleeping, lying, sitting or storing personal property in such a manner that it limits publics access to automatic teller machines, electric charging stations, parking pay stations, parking meters, piers, the boardwalk and public trails/paths. To ensure that the public, especially the disabled, can continue to use public property for its intended purpose, the City Attorney's Office has drafted some proposed minor modifications to Chapter 10.08 (Use of Public Property and Interference with Public Access) of the Municipal Code, to prohibit the following: 24-5 Homeless Outreach Services Biannual Update August 27, 2024 Page 6 • The storage of unattended personal property on public property (except at parks or beaches where a person can leave property unattended for a limited period). • A person from setting up a tent on public property. • A person from lodging in a public restroom. • A person from sleeping or lying down on a public bench or bike rack. • A person from sleeping, lying or sitting on any movable chair, bucket, crate, cooler, or similar personal property, upon a public plaza or public right-of-way, other than as part of lawful event taking place at the public plaza or along the public right-of- way. • A person from remaining upon a public plaza between the hours of 10 p.m. and 6 a.m. the following morning (except that it would not be illegal to traverse the public plaza, without stopping, during this time period). • A person from sleeping, lying, sitting or storing personal property in a manner that limits access to automatic teller machines, electric vehicle charging stations, parking pay stations, parking meters, and public paths/trails. Also, this summer, the United States Supreme Court issued its decision in the case of City of Grants Pass, Oregon v. Johnson et al., 603 U.S. (2024) holding that enforcement of generally applicable laws regulating camping on public property does not constitute "cruel and unusual punishment" prohibited by the Eighth Amendment. Based thereon, the City Attorney is proposing some minor updates to Chapter 10.14 (Prohibition Against Camping in Public Places) to ensure that the Municipal Code is consistent with the Supreme Court decision. In addition, Chapter 10.14 (Prohibition Against Camping in Public Places) has been modified to provide additional guidance as to what constitutes camping. Finally, Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) has been modified to remove duplicate provisions and ensure consistency throughout the Municipal Code. The proposed Municipal Code updates are included in Ordinance 2024 - 19 (Attachment A) and a redline of the proposed changes is included as Attachment B. Staffing Enhancements The Police Department created the homeless liaison officer position in 2017 to provide street outreach to the City's homeless population to help connect individuals with services and housing. The homeless liaison officer (HLO) spends a significant amount of time in the field, enforcing City ordinances and meeting with homeless individuals. The officer coordinates care as needed with the County of Orange Health Care Agency and the City's contracted service providers, PATH and Be Well OC. 24-6 Homeless Outreach Services Biannual Update August 27, 2024 Page 7 The HLO works closely with the City's homeless services manager to identify available shelter beds, housing options and long-term care opportunities. The HLO also trains other police officers on City ordinance updates and how to engage with the City's homeless population. The HLO position, since inception, has been staffed by one officer, assigned to work four days each week, and who is supported by the Peninsula Enforcement Team. Police Chief Joe Cartwright and Deputy Chief Javier Aguilar recently evaluated the department's homeless -related activities and the workload, schedule and responsibilities assigned to the homeless liaison officer. They also reviewed HLO staffing levels for neighboring Orange County cities. As a result, Chief Cartwright plans to convert the HLO role into a new "Quality of Life" team — comprised of four officers — in December of this year. The change will result in two, two -person teams working throughout the community to provide outreach and services seven days a week. Chief Cartwright has also proposed a second phase of staffing changes to City Manager Grace Leung in which the department would hire additional personnel that would be assigned, full time, to further address quality of life issues throughout the community. As proposed, the additional staff members would respond to calls for service but also work proactively to help identify issues and work with residents and business owners to craft solutions to those issues with the desired outcomes being lower crime rates, more effective investigations and a safer community. In addition, Deputy Chief Aguliar will work with the City Manager's Office to research and evaluate service delivery providers and models to ensure the City's overall homeless outreach program continues to offer the right services at the correct levels. Further, under Charter Section 602, City Attorney Aaron Harp is charged with prosecuting all criminal cases that arise from the violation of local laws. Recently, the City Attorney conducted an analysis of how other Orange County cities are handling prosecutorial matters and found that several cities in Orange County including, but not limited to, the cities of Huntington Beach and Anaheim, have city prosecutors who are dedicated to working with their police departments to provide advice regarding criminal matters and to prosecute crimes. To help ensure that the City Attorney's Office is fulfilling its responsibilities to the public to help protect both residents and visitors from crime, the City Attorney, City Manager and the Police Department, are analyzing whether a full-time City prosecutor is needed to prosecute violations of local laws. Staff will return to the Council at a future date with any proposed staffing or service enhancements. Mind OC Agreement Since September 2021, the City has contracted with Mind OC to have its Be Well OC Mobile Crisis Response Team operate in Newport Beach. Be Well OC provides mobile mental and behavioral health services, conducts shelter referrals, and provides transportation to crisis stabilization units, sobering services, and residential detox facilities. 24-7 Homeless Outreach Services Biannual Update August 27, 2024 Page 8 Last year, the City amended the agreement to have the consultant put a greater focus on working with the unhoused in the community, with the priority of achieving street exits. The amended agreement included program enhancements such as having the Be Well OC team assist with housing navigation and provide increased case management support under a one-year pilot program. Be Well recently communicated with City staff that it strongly desires to continue to serve Newport Beach, but wants to end the pilot program and return to its core mission of providing mental and behavioral health services to the community. Under the scope of services for the proposed agreement (Attachment C), Be Well OC will no longer provide housing navigation assistance and the case manager role will be reduced to 30 hours per week. However, in addition to providing mental and behavioral health services throughout the city, the Be Well mobile team will continue to support the City's homeless outreach efforts by: • Providing daily, proactive outreach throughout the community • Offering services and shelter, if available, to individuals • Providing transportation to individuals requiring mental health or substance use disorder treatment or to exit the streets by transporting them to appropriate care facilities, such as shelters, mental health crisis units, health clinics or Be Well's Orange campus • Helping to identify available temporary shelter beds • Visiting Newport Beach clients at the Costa Mesa Bridge Shelter to offer mental health and substance use disorder services where appropriate. The Be Well OC mobile team will continue to provide services seven days a week, but at the request of City staff, the team will work 10-hour rather than 12-hour days. Calls for Be Well's services will continue to be handled by the Police Department's dispatch staff and the consultant will retain an office at NBPD headquarters. Because Be Well OC is considered a resource to the NBPD for assistance with mental health -related responses, oversight of the City -Mind OC agreement will be transferred to the Police Department. As previously noted in this report, staff is in the process of reviewing and evaluating the homeless outreach program's staffing and service levels. As such, Be Well OC agreed to a six-month agreement term to continue the program while the City completes its analysis. The agreement includes an option to extend the term an additional six months, should the City and Be Well agree to do so. The six-month cost is $419,143. Should the agreement be extended to a full -year term, the total cost would be $838,285. FISCAL IMPACT: The Fiscal Year 2024-25 budget includes $3.4 million for Outreach Services, including funding for contract services and shelter beds. Should the City Council approve the proposed agreement with Mind OC for the Be Well OC Mobile Crisis Response Team Program, it will be expensed to the General Fund Professional Services account in the City Manager's Office budget, 0102041-811008. 24-8 Homeless Outreach Services Biannual Update August 27, 2024 Page 9 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. 2024- 19 Attachment B — Redline of Municipal Code Sections Attachment C — Professional Services Agreement with Mind OC Attachment D — Data Report 24-9 ATTACHMENT A ORDINANCE NO. 2024-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 10.08 (INTERFERENCE WITH PUBLIC ACCESS), CHAPTER 10.14 (PROHIBITION AGAINST CAMPING IN PUBLIC PLACES), AND SECTION 11.04.070 (PROHIBITED CONDUCT) OF CHAPTER 11.04 (PARKS, PARK FACILITIES, AND BEACHES) OF THE NEWPORT BEACH MUNICIPAL CODE 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 is committed to ensuring the safety, health, and welfare of all its residents, visitors, and businesses; WHEREAS, it is the obligation of the City to keep the public rights -of -way and public spaces clean and available for public use and to ensure access by the public to all property, both public and private, by the disabled, elderly, families, children, and visitors to Newport Beach; WHEREAS, the public has expressed concern that access to public and private property is being impeded or prevented by the storage of personal items on public property, by people camping on public property, and by people using the public rights - of -way to sit, sleep and lie down; WHEREAS, public spaces, including beaches, parks, streets, and sidewalks are intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition; WHEREAS, the storage of unattended personal property on public property creates a safety and security risk to the public because, among other things, it can create a tripping hazard, impact a person's line -of -sight, and divert limited public resources to evaluate suspicious packages; WHEREAS, unauthorized camping in public spaces, including the use of vehicles for human habitation, can create health and safety risks related to the accumulation of trash, food waste, human waste, and contaminated medical waste; 24-10 Ordinance No. 2024- Page 2 of 12 WHEREAS, the use of public property for camping and vehicles for human habitation has led to an increase in calls for police, fire, and emergency medical services, thereby straining municipal resources and diverting them from other critical areas of need; WHEREAS, the presence of unauthorized encampments has been associated with increased criminal activity, including theft, vandalism, damage to property, noise violations, littering, prowling, trespassing, and drug -related offenses, thereby undermining public safety; WHEREAS, maintaining clean and safe public spaces is essential for the economic vitality of Newport Beach, as it encourages tourism, business development, and community events; WHEREAS, Chapter 10.08 (Interference with Public Access) of the Newport Beach Municipal Code ("Code") protects the health, safety and welfare of the public by ensuring that all members of the public have safe access to public and private property; WHEREAS, Chapter 10.14 (Prohibition Against Camping in Public Places) of the Code protects the health, safety and welfare of the public by ensuring that all camping is conducted in areas designed for camping and where public amenities are available to help maintain a safe and sanitary environment; WHEREAS, the updates to Chapter 10.08 (Interference with Public Access) and Chapter 10.14 (Prohibition Against Camping in Public Places) require modifications to Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Code to streamline regulations in the Code and ensure consistency; and WHEREAS, the City Council desires to continue to protect the public health, safety and welfare including, but not limited to, the City's beaches and other public places by regulating the use of public property. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The Table of Contents for Title 10 of the Code is hereby amended in its entirety and shall read as follows: 24-11 Ordinance No. 2024- Page 3 of 12 Title 10 OFFENSES AND NUISANCES* Chapters: 10.04 Intoxicating Liquor 10.06 Human Waste 10.08 Use of Public Property and Interference With Public Access 10.12 Interfering With Law Enforcement 10.14 Prohibition Against Camping in Public Places 10.16 Gambling 10.24 Discharge of Weapons 10.26 Community Noise Control 10.28 Loud and Unreasonable Noise 10.32 Sound -Amplifying Equipment 10.36 Minor's Curfew 10.48 Weed and Rubbish Abatement 10.50 Public Nuisance Abatement 10.52 Abandoned or Wrecked Vehicles 10.54 Public Nudity 10.58 Police Services at Large Parties, Gatherings or Events on Private Property 10.59 Graffiti 10.60 Regulation of Display of Material, Which Is Harmful to Minors, in a Public Place 10.64 Construction and Maintenance Projects in Residential Districts 10.66 Loud and Unruly Gatherings 10.68 Targeted Residential Picketing 10.70 Cannabis Regulations 10.75 Prohibition of the Sale and Distribution of Kratom * Animal nuisances —See Chapter 7.20. Driving, parking on the beach prohibited —See Chapter 12.08. Buildings and structures as nuisances —See Chapter 15.28. 24-12 Ordinance No. 2024- Page 4 of 12 Section 2: Section 10.08.005 (Definitions) is hereby amended in its entirety and shall read as follows: 10.08.005 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section: "Beach" or "beaches" means any public ocean front or bay front beach within the City, including ocean or bay public piers, public floats, public wharves, or public strands adjoining public ocean front or bay front beach areas. "Cancer treatment center" means a facility for the treatment of cancer located in a mixed -use horizontal zone. "College" means an institution of higher education, including a community or junior college, college or university including, but not limited to, Orange Coast College and Coastline College. "Day care center" shall have the same meaning as set forth in Section 1.08.120. "Landscaped area" means all improved landscaped areas, except for open grass areas. "Personal Property" means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this Code, a license, or permit issued by the City. "Public property" means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier, public right-of-way, public plaza, driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility. "Public plaza" means an open public area that is owned or controlled by the State, the County, the City, or other public entity that has been physically improved, which allows 24-13 Ordinance No. 2024- Page 5 of 12 access to the beach, a boardwalk, or public pier, and where people can gather. A public plaza does not include the sandy and rocky portions of the beach, areas with grass or soft landscaping, or a public park. "Public rights -of -way" or "public right-of-way" means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public path, public trail, public plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has interest. "School" shall have the same meaning as set forth in Section 1.08.120. "Store", "Stored", "Storing" or "Storage" means to put personal property aside, to accumulate for use when needed or to put for safekeeping. Moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of Section 10.08.010 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property. "Tent" means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter. A tent does not include any shade covering used in accordance with Section 11.08.020. "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Personal property left outside of a building or shelter at a public park or on the sandy/rocky portion of any beach shall not be considered "unattended" unless there is no person present who asserts or claims ownership over the personal property for one (1) hour or more. Section 3: Section 10.08.010 (Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or Placing Personal Property in the Public Rights -of -Way) is hereby amended in its entirety and shall read as follows: 10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or Placing Personal Property in the Public Rights -of -Way. A. No person shall fix in place, store, maintain or leave personal property that is unattended on public property. 24-14 Ordinance No. 2024- Page 6 of 12 B. No person shall set up, make use of, fix in place, store, locate, maintain, or leave behind a tent on public property. C. No person shall sleep, lay down, or lodge in a public restroom; D. No person shall sleep or lay down on a public bench or bike rack; E. No person shall sit on any movable chair, bucket, crate, cooler, or similar personal property, sleep, or lay down upon a public plaza or public right-of-way, other than as part of lawful event taking place at the public plaza or along the public right-of- way. F. No person shall remain upon a public plaza between the hours of 10:00 p.m. and 6:00 a.m. the following morning, except, it shall not be a violation of this subsection for a person to traverse a public plaza without stopping. G. No person shall sit, lie, or sleep or store, use, maintain, or place personal property on a public median, public parkway, or landscaped area. H. No person shall obstruct public or private access by sitting, lying, or sleeping on public property or by storing, using, maintaining, or placing personal property on public property: 1. In a manner that obstructs or impedes passage, as provided by the Americans with Disabilities Act; 2. On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock; 3. On or within twenty (20) feet of any fire hydrant, fire plug or other connection used by the Fire Department; 4. Within twenty (20) feet of the entrance to a public restroom, public park, public trail or public path; 5. Within fifty (50) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited; 24-15 Ordinance No. 2024- Page 7 of 12 6. Within ten (10) feet of an automatic teller machine or any door that provides access to the automatic teller machine; 7. Within ten (10) feet of an electric vehicle charging station, parking pay station or parking meter; 8. Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect. 9. In a manner that unreasonably interferes with the use of the public right- of-way by motor vehicles, pedestrians or bicycles; or 10. Within five hundred (500) feet of a college, school, day care center, or cancer treatment center. It shall not be a violation of Subsection (H) for a person to sit for purposes of viewing a legally conducted parade. Section 4: Section 10.14.010 (Definitions) is hereby amended its entirety and shall read as follows: Section 10.14.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section: "Beach" or "beaches" means any public ocean front or bay front beach within the City, including ocean or bay public piers, public floats, public wharves, or public strands adjoining public ocean front or bay front beach areas. "Camp" means to use property for living accommodation purposes or to use a vehicle for human habitation. A person shall be considered to be using property for living accommodation purposes if the person admits they are camping; the person is using a camp facility or camping paraphernalia between the hours of 10 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property to live, dwell or reside, which is exemplified by the person sleeping or preparing to sleep outdoors; the person having with them damaged recreational equipment that cannot be used for its intended purpose; the person having with them camp stoves, pots, pans, or other 24-16 Ordinance No. 2024- Page 8 of 12 cooking equipment in an area that is not designated for cooking; the person having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding; the person having with them trash, recyclables, rubbish, or other garbage; the person having with them human waste, animal waste or medical waste that is stored in buckets, bottles or similar containers; and/or the person bathing or grooming themself outside of facilities designated for these purposes. A person shall be considered to be using a vehicle for human habitation if: the person admits they are using the vehicle to camp; or, based on the totality of the circumstances, it is established that a person is using the vehicle to live, dwell or reside, which is exemplified by the person continuously remaining inside the vehicle at the same location for two hours or more; the person sleeping in the vehicle; the inability of a person outside the vehicle to view through two or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person preparing or cooking meals inside or on the vehicle; the person bathing or grooming inside the vehicle; the storage of items inside or on a vehicle that are not associated with ordinary use of the vehicle such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensil, cookware, cooking equipment or furniture; the use of buckets, bottles or similar containers to hold bodily fluids; and/or having furniture set up in or around the vehicle, such as chairs, tables, umbrellas or portable cooking equipment. "Camp facility" or "camp facilities" means any or a combination of the following a tent, hut, other temporary physical structure or shelter, cot, bed, or hammock. "Camping paraphernalia" means items that facilitate living outside including items that are used for: sleeping, such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as moveable chairs; and lighting, such as headlamps, a lantern, or flashlights. "Prohibited public place" means any public property that is not designated for camping by resolution of the City Council or other governmental entity having jurisdiction over the property. "Public property" means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier, public rights -of -way, driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility. 24-17 Ordinance No. 2024- Page 9 of 12 "Public rights -of -way" or "public right-of-way" means the area or areas on, below, or above a public roadway, public, highway, public street, public sidewalk, public path, public trail, public square or plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has interest. "Store" means to put aside or to keep, to accumulate for use when needed, or to put for safekeeping. "Vehicle" means a "motor vehicle" as defined by Cal. Veh. Code Section 415, a "recreational vehicle" as defined by Cal. Health & Saf. Code Section 18010(a), a "camper trailer" as defined in Cal. Veh. Code Section 242, a "house car" as defined in Cal. Veh. Code Section 362 or a "trailer coach" as defined in Cal. Veh. Code Section 635. Section 5: Section 10.14.020 (Camping in Prohibited Public Places) is hereby amended its entirety and shall read as follows: Section 10.14.020 Camping in Prohibited Public Places. A. No person shall camp in a prohibited public place. B. No person shall start, build, or use a fire in a prohibited public place for any purpose including, but not limited to, warming or cooking, unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. Section 6: Section 11.04.070 (Prohibited Conduct) is hereby amended its entirety and shall read as follows: Section 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. 24-18 Ordinance No. 2024- Page 10 of 12 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(D) 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 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 24-19 Ordinance No. 2024- Page 11 of 12 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. 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 Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 24-20 Ordinance No. 2024- Page 12 of 12 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 27th day of August, 2024, and adopted on the 10th day of September, 2024, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ON C. HARP, CITY ATTORNEY 24-21 ATTACHMENT B Title 10 OFFENSES AND NUISANCES* Chapters: 10.04 Intoxicating Liquor 10.06 Human Waste 10.08 Use of Public Property and Interference With Public Access 10.12 Interfering With Law Enforcement 10.14 Prohibition Against Camping in Public Places 10.16 Gambling 10.24 Discharge of Weapons 10.26 Community Noise Control 10.28 Loud and Unreasonable Noise 10.32 Sound -Amplifying Equipment 10.36 Minor's Curfew 10.48 Weed and Rubbish Abatement 10.50 Public Nuisance Abatement 10.52 Abandoned or Wrecked Vehicles 10.54 Public Nudity 10.58 Police Services at Large Parties, Gatherings or Events on Private Property 10.59 Graffiti 10.60 Regulation of Display of Material, Which Is Harmful to Minors, in a Public Place 10.64 Construction and Maintenance Projects in Residential Districts 10.66 Loud and Unruly Gatherings 10.68 Targeted Residential Picketing 10.70 Cannabis Regulations 10.75 Prohibition of the Sale and Distribution of Kratom * Animal nuisances —See Chapter 7.20. Driving, parking on the beach prohibited —See Chapter 12.08. Buildings and structures as nuisances —See Chapter 15.28. 24-22 10.08.005 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section: "Beach" or "beaches" means any public ocean front or bay front beach within the City, including ocean or bay public piers, public floats, public wharves, or public strands adjoining public ocean front or bay front beach areas. "Cancer treatment center" means a facility for the treatment of cancer located in a mixed - use horizontal zone. "College" means an institution of higher education, including a community or junior college, college or university including, but not limited to, Orange Coast College and Coastline College. "Day care center" shall have the same meaning as set forth in Section 1.08.120. "Landscaped area" means all improved landscaped areas, except for open grass areas. "Personal Property" means anV tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this Code, a license, or permit issued by the City. "Public property" means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier, public right-of-way, public plaza, driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility. "Public plaza" means an open public area that is owned or controlled by the State, the County, the City, or other public entity that has been physically improved, which allows access to the beach, a boardwalk, or public pier, and where people can gather. A public plaza does not include the sandy and rocky portions of the beach, areas with grass or soft landscaping, or a public park. "Public rights -of -way" or "public right-of-way" means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public path, public trail, 24-23 public plaza, public bike lane or path, public boardwalk, public alleyways, or a utility easement in which the City has interest. "School" shall have the same meaning as set forth in Section 1.08.120. "Store", "Stored", "Storing" or "Storage" means to put personal property aside, to accumulate for use when needed or to put for safekeeping. Moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of Section 10.08.010 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property. "Tent" means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter. A tent does not include anv shade coverina used in accordance with Section 11.08.020. "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Personal property left outside of a building or shelter at a public park or on the sandy/rocky portion of anV beach shall not be considered "unattended" unless there is no person present who asserts or claims ownership over the personal property for one (1) hour or more. 24-24 10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or Placing Personal Property in the Public Rights -of -Way. A. No person shall fix in place, store, maintain or leave personal property that is unattended on public property. B. No person shall set uD. make use of. fix in place. store. locate. maintain. or leave behind a tent on public property. C. No person shall sleep, lay down, or lodge in a public restroom; D. No person shall sleep or lay down on a public bench or bike rack; E. No person shall sit on any movable chair, bucket, crate, cooler, or similar personal property, sleep, or lay down upon a public plaza or public right-of-way, other than as part of lawful event taking place at the public plaza or along the public right-of-way. F. No person shall remain upon a public plaza between the hours of 10:00 p.m. and 6:00 a.m. the following morning, except, it shall not be a violation of this subsection for a person to traverse a public plaza without stopping. G. No person shall sit, lie, or sleep or store, use, maintain, or place personal property on a public median, public parkway, or landscaped area. AH. No person shall obstruct public or private access by pub4 rirrh+-^� "„ sitting, lying, or sleeping on public property, or by storing, using, maintaining, or placing personal property on public property: 1. In a manner that obstructs or impedes passage, as provided by the Americans with Disabilities Act, as amen de d from limo to time; 2. On or wWithin twenty te-R (240) feet of any operational or utilizable driveway, ramp, or loading dock; 3. On or wWithin twenty ten-(240) feet of any fire hydrant, fire plug, or other connection used by the Fire Department GenneGtOGR; 45. Within twenty te-n-(240) feet of the entrance to a public restroom, public park, public trail or public path; 24-25 56. Within fifty ten-(54-0) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited; er 6. Within ten (10) feet of an automatic teller machine or anv door that provides access to the automatic teller machine; 7. Within ten (10) feet of an electric vehicle charging station, parking pay station or parking meter; 8. Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect. 9. In a manner that unreasonablv interferes with the use of the public riaht- of-way by motor vehicles, pedestrians or bicycles; or 107. Within five hundred (500) feet of a college, school, day care center, or cancer treatment center. It shall not be a violation of Subsection (H) for a person to sit for aurposes of viewina a legally conducted parade. - r ♦ .WM 24-26 10.14.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section: "Beach" or "beaches" means any public ocean front or bay front beach within the City -of Newport Beach including ocean or bay public piers, public floats, public wharves, or public strands adjoining public ocean front or bay front beach areas. "Camp" means to erect, maintain, Or OGGU,tea GampfaGili+�r the purpose offs aGGOMmodatinns use property for living accommodation purposes or to use a vehicle for human habitation. A person shall be considered to be using property for living accommodation purposes if: the person admits they are camping; the person is using a camp facility or camping paraphernalia between the hours of 10 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property to live, dwell or reside, which is exemplified by: the person sleeping or preparing to sleep outdoors; the person having with them damaged recreational equipment that cannot be used for its intended purpose; the person having with them camp stoves, pots, pans, or other cooking equipment in an area that is not designated for cooking; the person having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding; the person having with them trash, recyclables, rubbish, or other garbage; the person having with them human waste, animal waste or medical waste that is stored in buckets, bottles or similar containers; and/or the person bathing or grooming themself outside of facilities designated for these purposes. A person shall be considered to be using a vehicle for human habitation if: the person admits they are using the vehicle to camp; or, based on the totality of the circumstances, it is established that a person is using the vehicle to live, dwell or reside, which is exemplified by: the person continuously remaining inside the vehicle at the same location for two hours or more; the person sleeping in the vehicle; the inability of a person outside the vehicle to view through two or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person preparing or cooking meals inside or on the vehicle; the person bathing or grooming inside the vehicle; the storage of items inside or on a vehicle that are not associated with ordinary use of the vehicle such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensil, cookware, cooking equipment or furniture; the use of buckets, bottles or similar containers to hold bodilv fluids: and/or havina furniture set uD in or around the vehicle. such as chairs. tables. umbrellas or portable cooking equipment. "Camp facility" or "camp facilities" means any or a means the uco�settling, fixing in combination of the following: a tent, hut, other temporary physical structure or shelter, cot, 24-27 •-• or •deeS Ret ORGlude sleeping bags, blankets, poll bedrolls, or other similar bedding used whole sleep!Rg er shade Geveri gs .8 . "Camping paraphernalia" means personal nr^nor+" used to items that facilitate living outside eGoupanGy of an area includinn es items that are used for: , h„+ is inet. li.,,i+o,� to personal nrenorty fiminally assOGnate l With naw,niRg SUnh as tarns sleeping, such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar beddingi-used whole Sleep �cooking, such as camp stoves, pots, pans, or other cooking equipment., storage, such as backpacks, luggage, or coolers; sitting, such as moveable chairs; and lighting, such as headlamps, a lantern, or flashlights.and bUGketc Camping paraphernalio does not OnGlude a tent, hut, other temporary physiGal struGture or shelter, GOt, bed, er hh k. "Prohibited public place" means any public property that is not designated for camping by resolution of the Citv Council or other aovernmental entitv havina iurisdiction over the • • • - �n�:cr�rs cr:r� M� I-T=I: M--M1"=� M IAI Wn MAN A -MA 'iiiii IA "Public aroaerty" means all orooerty owned or controlled by the State. the Countv. the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier. aublic riahts-of-way. driveway. landscaped area. Darkway. median. areenbelt. oxen space, public park, or park facility. "Public rights -of -way" or "public right-of-way" means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public path, public trail, public square or plaza, public bike lane or path, public boardwalk, public alleyways, or a utility easement in which the City has interest. "Store" means to put aside or to keep, to accumulate for use when needed, or to put for safekeeping., OF +„ Plano or leave in a leGatinn 24-28 "Vehicle" means a "motor vehicle" as defined by Cal. Veh. Code Section 415, a "recreational vehicle" as defined by Cal. Health & Saf. Code Section 18010(a), a "camper trailer" as defined in Cal. Veh. Code Section 242, a "house car" as defined in Cal. Veh. Code Section 362 or a "trailer coach" as defined in Cal. Veh. Code Section 635. 24-29 10.14.020 Camping in Prohibited Public Places. A. No person shall camp in a prohibited public place. BS. No person shall start, build, or use a fire in a prohibited public place for any purpose including, but not limited to, warming or cooking, unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. ~1 MI. 111. P.M. .0. a AW-11 W Ift. .�i EVE 24-30 24-30 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(D) 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. GM. 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. H1. Engaging in any sidewalk vending activity unless conducted in compliance with Chapter 5.97, or any successor chapter. Id. 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; 24-31 oral care 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). JL. Cut, break, injure, deface, or disturb any City tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus, or property. 24-32 ATTACHMENT C PROFESSIONAL SERVICES AGREEMENT WITH MIND OC FOR BE WELL OC MOBILE CRISIS RESPONSE TEAM PROGRAM THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 27th day of August, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MIND OC, a California nonprofit corporation ("Consultant"), whose address is 18650 MacArthur Boulevard, Suite 350, Irvine, California 92612, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide mobile crisis intervention services ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM 1.1 The term of this Agreement shall commence on the Effective Date, and shall terminate on February 26, 2025 ("Initial Term"), unless extended, or terminated earlier, as set forth herein. 1.2 City shall have the option, in its sole discretion, to extend the term of this Agreement for one (1) additional successive term of six (6) months, commencing on the expiration of the Initial Term, on the same terms and conditions as contained in this Agreement. City may exercise the option to extend the term of this Agreement by providing written notice to the Consultant prior to the expiration of the Initial Term. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" 24-33 or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a fixed fee basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Nineteen Thousand One Hundred Forty -Three Dollars and 00/100 ($419,143.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. If the City exercises the option to extend the Initial Term for an additional six (6) months, the extension shall not exceed Four Hundred Nineteen Thousand One Hundred Forty -Two Dollars and 00/100 ($419,142.00). 4.2 Consultant's compensation shall in no event exceed the total amount of the Initial Term plus the optional term extension, if exercised by City, as outlined in Exhibit B attached hereto and incorporated herein, for a total not to exceed amount of Eight Hundred Thirty Eight Thousand Two Hundred Eighty -Five Dollars and 00/100 ($838,285.00). Mind OC Page 2 24-34 4.3 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.5 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Phillip Franks to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Police. City's Javier Aguliar or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. Mind OC Page 3 24-35 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 101401:T-11NM 44;v 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, Mind OC Page 4 24-36 subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Mind OC Page 5 24-37 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. ,T�_11l 1016P.k1:7_[ot11Z[0 The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. Mind OC Page 6 24-38 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return Mind OC Page 7 24-39 that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Deputy Police Chief Police City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Mind OC Page 8 24-40 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Phillip Franks Mind OC 18650 MacArthur Boulevard, Suite 350 Irvine, CA 92612 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Mind OC Page 9 24-41 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. Mind OC Page 10 24-42 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 29. BUSINESS ASSOCIATE AGREEMENT In performing the Services required by this Agreement, Consultant may encounter information subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the HIPAA privacy and security regulations, 45 CFR Part 160 and 45 CFR Part 164 Subpart C (the "Security Rule"), Subpart D (the "Data Breach Notification Rule"), and Subpart E (the "Privacy Rule") (the "HIPAA Regulations"). Accordingly, the parties agree to be bound by the terms and conditions of the Business Associate Agreement attached hereto as Exhibit D and incorporated herein by this reference. [SIGNATURES ON NEXT PAGE] Mind OC Page 11 24-43 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5� 1 i l l Z q -31 (9,.) ron C. Harp �1iGI�4 y Attorney ATTEST: Date: la CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: Mind OC, a California nonprofit public benefit corporation Date: Bv: Leilani I. Brown Phillip Franks City Clerk Chief Executive Officer Date: By: Victor Jordan Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Business Associate Agreement Mind OC Page 12 24-44 EXHIBIT A SCOPE OF SERVICES Mind OC Page A-1 24-45 EXHIBIT A Scope of Services Mobile Response Team A. Summary of Services: • The Mobile Response Team will respond to non -emergency and emergency calls related to mental illness, substance use, and related health conditions. Be Well OC will provide daily, proactive outreach and intervention throughout the city. At every interaction, Be Well OC will offer services and shelter, if available and applicable, to individuals and maintain a daily log of activities. Be Well OC will provide specialized response vehicles and transportation for individuals requiring mental health or substance use disorder treatment or to exit the streets by transporting them to appropriate care facilities, such as shelters, substance use disorder programs, mental health crisis units, health clinics, hospitals, Be Well OC's Campus in Orange and the future Irvine Campus, etc. Be Well OC and the City will refine Newport Beach's data dashboard and reporting analytics to ensure transparency and continuous quality improvement. B. Mental Health and Substance Use Disorder Response Services Be Well OC will provide the City of Newport Beach with mobile response services. One van will be staffed with two Crisis Intervention Specialists 10 hours a day, seven days a week. City staff and Be Well will periodically review and adjust or stagger the team's hours as needed. Be Well OC's Mobile Response Teams are uniquely positioned and will work proactively to link members of the Newport Beach community to Be Well OC's campuses. Services at the Orange campus and future campuses offer various co - located mental health and substance use treatment services along a full spectrum of care. C. Case Management Be Well OC will provide a case manager to connect clients to supportive services related to mental health, substance use treatment, housing service providers and to the City's social services contractor for shelter and housing assistance when applicable. The case manager will also work with County of Orange offices, such as the Orange County Housing Authority, Healthcare Agency, and Social Services, to help ensure enrollment in all applicable services. The case manager will participate in collaborative case conferencing meetings with staff and regional partners to advance clients' resources and recovery services. Case management services may include, but are not limited to, mental health and substance use treatment referrals, entry into HMIS, collaboration with homeless service providers, document assistance, and beneficiary enrollments. 24-46 Be Well OC staff will also: • Help to identify available temporary shelter beds by pursuing options in all available shelters for Newport Beach clients. • Assist clients in connecting to appropriate housing services and support. • Enroll individuals in Cal AIM/Cal VET. • Enroll individuals in Medi-Cal, provide insurance assistance and advocacy, and educate on public benefits. • Provide long-term peer support for clients once they are no longer in an acute crisis. • Follow-up during and after discharge from treatment programs to ensure continuation of care. • Refer to skilled nursing, outpatient clinics, and long-term care. • Collaborate with the Newport Beach Police Department., APS/CPS, and local agencies. • Collaborate with agency partners to conduct outreach in the community, focusing on the most vulnerable. • Visit Newport Beach clients at the Costa Mesa Bridge Shelter to offer mental health and substance use disorder services where appropriate. • Maintain clients' confidentiality and strict adherence to confidentiality requirements. • Establish and maintain positive, productive working relationships with mental health programs, shelter programs, police, other local officials, and providers of community services. • Support eviction prevention with long-term resources, including employment resources and rental listings. • Provide relevant individual and family resources and referrals; continuously maintain awareness of resources available in the community. • Provide information and resources for conservatorship. For each of these roles, the complete duties and responsibilities and performance metrics for each position will be agreed upon with City staff. D. Data Collection and Reporting Be Well OC is committed to excellent service and continuous quality improvement. Transparency in data capture, analysis, and sharing is essential to that effort. Be Well OC and the City will coordinate and maintain a non -duplicate list of individuals served (by unique identifier) and a shared database to best serve clients and ensure clear communication and coordination. 24-47 Be Well OC will work closely with the City to revise the data collection and reporting as needed to ensure a high -caliber data process, building on existing systems. The data capture and monthly reporting will include the following: • Total and unique contacts • Types of calls including dispatched, pro -active, or follow-up • Dispatch utilization • Average response time • Location • Time on scene • Concerns identified on scene • Co -response (Police, Fire, CAT/PERT, PATH, etc.) or No co -response • Outcomes: o Number of transports o Assisted (or Assistance/Shelter Denied) o Resources/referrals provided o Refused services/shelter o Canceled/UTL/GOA o Transport destinations - hospital, shelter, Be Well campus, reunification, o Transported via Be Well, Police, Fire, CAT, other o Street exit • Resources and types of services provided o Case management o Ongoing engagement (e.g., CaIVET, VOA, PERT, CAT, EMS, ED, PD, and other full -service partners) • Number of unique individuals served • ROI - First responder savings in hours • Demographics o Age o Income o Gender o Housing status (housed vs. unhoused) o Last place housed o Preliminary mental health identification(s) o Substance abuse/ addiction identification o Physical Impairment/disability o Cal Aim/Cal VET/voucher o Connection to Newport Beach o How got to Newport Beach o Other applicable demographics as agreed upon by City staff and Be Well OC. 24-48 EXHIBIT B SCHEDULE OF BILLING RATES Mind OC Page B-1 24-49 FW.4:II-111r-1 SCHEDULE OF BILLING RATES SUMMARY ANNUAL COSTS Sept 1, 2024 - Aug 31, 2025 Personnel 12 Months $662,977 Non -Personnel Operation Cost 12 Months $99,100 Indirect Costs 12 Months $76,208 Initial Term Not to Exceed 6 Months $419,143.00 Option Term Not to Exceed 6 Months $419,142.00 Total Not to Exceed Amount 12 Months $838,285.00 The above costs include all mileage, fuel, labor, overhead, materials, costs and fees of any nature whatsoever in the performance of the Services. The costs were formulated based on the following estimates: CIS Team Weekly Total Mon -Fri Sat -Sun CIS #1 70 50 20 CIS #2 70 50 20 Total 140 100 40 Team starts 15 min. before & after coverage with 30-minute unpaid lunch 24-50 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two million dollars ($2,000,000) combined single limit each accident. Mind OC Page C-1 24-51 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Mind OC Page C-2 24-52 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. Mind OC Page C-3 24-53 G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Mind OC Page C-4 24-54 EXHIBIT D BUSINESS ASSOCIATE AGREEMENT Mind OC Page D-1 24-55 EXHIBIT D BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement is entered into by and between MIND OC, a California nonprofit corporation ("Business Associate"), and City of Newport Beach ("Covered Entity"), which is a covered entity under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the HIPAA privacy and security regulations, 45 CFR Part 160 and 45 CFR Part 164 Subpart C (the "Security Rule"), Subpart D (the "Data Breach Notification Rule"), and Subpart E (the "Privacy Rule") (the "HIPAA Regulations"). The parties are entering into this Agreement to assist the Covered Entity in complying with HIPAA and to set forth Business Associate's obligations under the Health Information Technology for Economic and Clinical Health Act of 2009 (the "HITECH Act"). Terms used in this Agreement have the meanings given them in the HIPAA Regulations. This Agreement applies to any Protected Health Information Business Associate receives from Covered Entity, or creates or receives on behalf of Covered Entity, under its agreement with Covered Entity (the "Principal Agreement"). AGREEMENT 1. Business Associate may use and disclose Covered Entity's Protected Health Information to provide Covered Entity with the goods and services contemplated by the Principal Agreement. Except as expressly provided below, this Agreement does not authorize Business Associate make any use or disclosure of Protected Health Information that Covered Entity would not be permitted to make. 2. Business Associate will: a. Not use or further disclose Covered Entity's Protected Health Information except as permitted or required by the Principal Agreement or this Agreement, or as required by law; b. Use appropriate safeguards and comply, where applicable, with the Security Rule with respect to electronic protected health information, to prevent use or disclosure of Covered Entity's Protected Health Information other than as provided for by the Principal Agreement or this Agreement; c. Report to Covered Entity any use or disclosure of Covered Entity's Protected Health Information not provided for by the Principal Agreement or this Agreement of which it becomes aware, including breaches of unsecured protected health information as required by the Data Breach Notification Rule (45 CFR § 164.410), and any security incident affecting Covered Entity's electronic Protected Health Information, of which Business Associate becomes aware; 24-56 d. Mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of protected health information by Business Associate in violation of this Agreement or the HIPAA Regulations; e. Ensure that Business Associate's subcontractors that create, receive, maintain, or transmit protected health information on behalf of the Business Associate, agree in writing to the same restrictions and conditions that apply to Business Associate with respect to such information including compliance with the Security Rule with respect to electronic protected health information; f. Make any Protected Health Information that Business Associate stores or maintains for Covered Entity in a designated record set available to Covered Entity to enable Covered Entity to meet Covered Entity's obligation to provide access to the information in accordance with 45 CFR §164.524; g. Make any Protected Health Information that Business Associate maintains for Covered Entity in a designated record set available to Covered Entity for amendment in accordance with 45 CFR §164.526, and incorporate any amendments Covered Entity requests; h. Make available to Covered Entity the information concerning disclosures that Business Associate makes of Covered Entity's Protected Health Information required to enable Covered Entity to provide an accounting of disclosures in accordance with 45 CFR §164.528; i. To the extent that Business Associate carries out Covered Entity's obligations under the Privacy Rule, comply with the requirements of the Privacy Rule that apply to Covered Entity in the performance of such obligations; Limit its requests for and uses and disclosures of Covered Entity's Protected Health Information to the minimum necessary, and comply with any minimum necessary policies and procedures that Covered Entity provides to Business Associate; k. Make Business Associate's internal practices, books, and records relating to Business Associate's use and disclosure of Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, available to the Secretary of the United States Department of Health and Human Services for purposes of determining Covered Entity's compliance with the HIPAA Regulations; and I. On termination of the Principal Agreement, return or destroy all Covered Entity's Protected Health Information that Business Associate still maintains in any form and retain no copies of such information or, if return or destruction is not feasible, extend the protections of this Agreement to that information and 24-5 7 limit further use and disclosure to those purposes that make the return or destruction of the information infeasible. 3. Business Associate may use Covered Entity's Protected Health Information for the management and administration of Business Associate's company and to carry out Business Associate's own legal responsibilities, and Business Associate may disclose the information for these purposes if Business Associate is required to do so by law, or if Business Associate obtains reasonable assurances from the recipient of the information (1) that it will be held confidentially, and used or further disclosed only as required by law or for the purpose for which it was disclosed to the recipient, and (2) that the recipient will notify Business Associate of any instances of which the recipient is aware in which the confidentiality of the information is breached. 4. Business Associate may use Covered Entity's Protected Health Information for data aggregation services, as permitted by the HIPAA Regulations. 5. Business Associate may deidentify Covered Entity's Protected Health Information, and use and disclose the deidentified information without restriction. 6. If Covered Entity determines that Business Associate has violated a material term of this Agreement, and if Business Associate fails to cure such violation in accordance with the term for default set forth in the Principal Agreement, Covered Entity may immediately terminate the Principal Agreement. 7. This Agreement is to be interpreted in accordance with the Health Insurance Portability and Accountability Act of 1996, the HITECH Act, and the regulations under it, as they may be amended from time to time. 8. This Agreement shall be valid, binding, and deemed to be duly executed by and between the parties by and through the parties execution of the Principal Agreement. [End] 24-58 ATTACHMENT D DATA REPORT Category January-24 February-24 March-24 April-24 May-24 June-24 6 Month Total CITY ACTION Fire Department Homeless Patient Contacts 23 15 19 25 30 36 148 Police Department Calls for Service 134 100 137 136 119 120 746 Peninsula Enforcement Team Contacts 202 217 293 210 250 285 1457 Boardwalk/Quality of Life Program 101 98 395 380 285 238 1497 PATH Referrals 32 25 87 63 77 51 335 Be Well Referrals 41 30 170 103 110 72 526 Shelter Offered 49 35 126 123 120 73 526 NBMC Citations 45 25 132 95 40 62 399 CA Vehicle Code Citations 10 8 7 12 7 4 48 Tent -Related Contacts 13 4 41 45 35 24 162 Total Time (Hours) 217 235 325 290 270 325 1662 Public Works Department Calls for Service 32 27 24 30 29 30 172 Bins Used for Storage 2 19 8 12 7 11 59 Total Time (Hours) 85 33 27 203 31 33 412 Pressure Wash Locations 0 4 11 8 11 8 42 Bags of Debris Collected 103 5 13 35 28 26 210 Recreation & Senior Services Department Homeless Contacts 33 10 25 36 29 27 160 Homeless Observed 45 22 44 53 57 46 267 Abandoned Property 36 10 12 15 30 18 121 Be Well Referrals 2 4 4 2 2 1 15 Welfare Checks 8 1 18 9 5 7 48 24-59 Category January-24 February-24 March-24 April-24 May-24 June-24 6 Month Total SUMMARY Street Exits Housed 3 0 5 1 1 2 12 Costa Mesa Bridge Shelter 10 16 11 11 5 13 66 Other Shelter 0 0 3 2 0 7 12 Medical 8 1 7 8 9 7 40 Death 0 0 0 0 0 0 0 Total 130 Housing From Street 2 0 0 0 1 1 4 From Shelter 1 0 4 3 0 0 8 Total 12 24-60 Category January-24 February-24 March-24 April-24 May-24 June-24 6 Month Total CONTRACTOR City Net Outreach/Contacts 28 30 58 Service Enrollments 9 14 23 Housing Placement 0 0 0 PATH Outreach/Contacts 51 131 129 80 391 Service Enrollments 47 25 17 7 96 Housing Placement 0 0 1 2 3 Be Well Calls for Service 616 489 461 487 266 262 2581 Outreach 461 353 353 351 93 86 1697 Follow Up 90 85 50 49 123 125 522 Dispatch 65 51 58 87 50 51 362 Services Provided Total Time on Scene (Hours) Total Time on Dispatch Calls (Hours) Average Time Spent (Minutes) No Co -Response Required (Average %) Average Response Time (Minutes) No Co -Responders on Scene Police on Scene Fire on Scene Other on Scene Transports Resources Provided Assisted No Contact Made Declined Services Welfare Checks 79 72 50 68 17 13 299 Homelessness 438 345 350 333 128 126 1720 Mental Health 68 47 42 60 136 93 446 Substance Abuse 31 25 19 26 46 55 202 243 225 240 254 226 233 1421 75 57 86 101 62 71 452 28 33 37 35 47 52 39 87 87 87 90 69 56 79 11 10 11 11 9 10 10 553 448 413 438 47 39 1938 50 29 23 31 15 22 170 3 2 5 7 4 2 23 14 17 27 17 2 7 84 Be Well Sobering Center 5 5 5 11 7 5 38 Emergency Dept. 8 1 7 8 9 7 40 Homeless Services 10 7 13 21 16 13 80 Be Well Crisis Stabilization 2 1 6 5 2 2 18 Other Crisis Stabilization 2 3 2 1 1 2 11 Shelter 10 16 5 5 2 12 50 Private Residence 0 0 0 0 1 0 1 Other 6 6 7 5 4 8 36 46 59 38 39 70 83 335 -- 21 40 25 114 63 263 -- -- -- -- 37 59 96 108 35 17 19 39 55 273 24-61