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<,FORN'P City Council Staff Report
August 25, 2020
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Peter Carpentieri, Sergeant, pcarpentieri@nbpd.org
PHONE: 949-644-3708
TITLE: Resolution No. 2020-74: Resolution in Support of the Newport
Beach Police Department
ABSTRACT:
This staff report is to consider adoption of a resolution in support of the Newport Beach
Police Department.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution No. 2020-74, A Resolution of the City Council of the City of Newport
Beach, California, Supporting the Newport Beach Police Department.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION -
The existence of law and order most often results from a collaboration between the
residents of a community and its law enforcement officers. When protests occur, a law
enforcement agency must uphold the rights of free speech and lawful assembly while
maintaining order and ensuring public safety. Throughout the nation, some protests have
resulted in an abandonment of community values and collaboration and have given way
to violence and the destruction of property.
On June 3rd, 2020, the Newport Beach Police Department was faced with five separate
protests at five separate locations in the City of Newport Beach totaling approximately
2,500 protestors. The day concluded without any major incidents, property damage, or
injuries to officers or protestors.
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Resolution No. 2020-74: Resolution in Support of the Newport Beach Police
Department
August 25, 2020
Page 2
This outcome was achieved in large part due to the professionalism of the Newport Beach
Police Department and its commitment to the needs, desires and values of the
community. The Newport Beach Police Department is dedicated to working with the
community to support the mission of public safety and continues to be an extension and
reflection of those they so proudly serve.
A resolution adopted by the City Council of the City of Newport Beach highlighting the
above will not just acknowledge the existence of this collaborative relationship between
the community and the Newport Beach Police Department but reinforce the importance
of this relationship moving forward.
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).
ATTACHMENT:
Attachment A —Resolution No. 2020-74
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ATTACHMENT A
RESOLUTION NO. 2020-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SUPPORTING
THE NEWPORT BEACH POLICE DEPARTMENT
WHEREAS, the existence of law and order in any community most often results
from a collaboration between the residents of that community and its law enforcement
officers;
WHEREAS, recent national events have brought attention to the profession of law
enforcement and the men and women who dedicate themselves — and their families — to
said profession;
WHEREAS, the right to freedom of speech and peaceful protest must be protected
and, we as a community, have witnessed how some national events have given way to
violence, destruction of property, and an abandonment of community values and
collaboration;
WHEREAS, the Newport Beach Police Department employs a work force
comprised of highly trained and educated individuals who are committed to excellence
and have the highest standard of ethics;
WHEREAS, on June 3, 2020, the Newport Beach Police Department was faced
with five separate protests at five separate locations in the City of Newport Beach totaling
approximately 2,500 protestors;
WHEREAS, to conclude the 12 -hour day without any major incidents, property
damage, or injuries to officers or protestors is a demonstration of the Newport Beach
Police Department's exceptional professionalism, preparation, and planning; and
WHEREAS, the fashion in which the Newport Beach Police Department
maintained order and provided a safe environment for all participants is a testament to
their commitment to community needs, desires, and values, and further embodies how
the Newport Beach Police Department continues to be an extension and reflection of
those they so proudly serve.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby express support for the members of the
Newport Beach Police Department, in their efforts to connect with the community and
create a safe environment for all people who reside, work, or play in the City of Newport
Beach.
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Resolution No. 2020 -
Page 2 of 2
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of August, 2020.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
0.,- C.
Aaron C. Harp
City Attorney
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