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HomeMy WebLinkAbout01 - Closing the City Controlled Beaches; Creating an Ad Hoc Committee to Support Local Business; and Supporting the Orange County Board of Supervisors' Efforts to Re-Open CCITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: April 28, 2020 Agenda Item No. 1 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov Seimone Jurjis, Community Development Department sjurjis@newportbeachca.gov 949-644-3282 TITLE: Emergency Ordinance No. 2020-002: Closing the City Controlled Beaches; Resolution No. 2020-40: Creating an Ad Hoc Committee to Support Local Business; and Resolution No. 2020-41: Supporting the Orange County Board of Supervisors' Efforts to Re -Open Commercial Business ABSTRACT: For City Council's consideration is a resolution to form a City Council Ad Hoc Committee to review and support the re -opening of local businesses and a resolution to support the Orange County Board of Supervisors' efforts to address commercial reopening. The City Council will also consider adopting an emergency ordinance that will temporarily close the City's controlled beaches on Saturdays and Sundays beginning May 2, 2020 and ending on May 17, 2020. RECOMMENDATION: a) Find this action exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), 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; b) Adopt Resolution 2020-40, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Address Commercial Re -Opening and Business Advancement in Response to COVID-19 Closures; c) Adopt Resolution 2020-41, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Orange County Board of Supervisors' Efforts to Address Commercial Re -Openings in Response to COVID-19 Closures; and 1-1 Emergency Ordinance No. 2020-002: Closing the City Controlled Beaches; Resolution No. 2020-40: Creating an Ad Hoc Committee to Support Local Business; and Resolution No. 2020-41: Supporting the County of Orange Board of Supervisors' Efforts to Re -Open Commercial Business April 28, 2020 Page 2 d) Pursuant to City of Newport Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only, and adopt Emergency Ordinance No. 2020-002, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Closing City Controlled Beaches in the City of Newport Beach on May 2, 3, 9, 10, 16 and 17, 2020. FUNDING REQUIREMENTS: The City, along with other local jurisdictions, states and the federal government, are facing an exceptionally challenging economic environment as a result of the COVID-19 Pandemic. The current estimate of General Fund revenue loss for FY 2019-20, that ends June 30, 2020, is $13.5 million. The fiscal impacts will be discussed further at the regular City Council meeting on April 28, 2020 and in the next month as part of the presentation of the FY 2020-21 recommended budget. There will be costs associated for staffing and monitoring the beach closures and for materials, such as barricades and signs. If the City Council decides to limit vehicular access to the Balboa Peninsula and Corona del Mar, there will be additional costs for Police Department and Public Works resources to manage the access. DISCUSSION: Supporting Our Local Businesses Mayor O'Neill requested an item be placed on the agenda to form a City Council Ad Hoc Committee (Ad Hoc Committee) that will work with local business leaders, public health experts, and residents to make recommendations to the entire City Council on ways that the City can help local businesses impacted by the COVID-19 outbreak. Understanding the need to support our businesses as quickly as possible, the proposed committee is on today's special meeting agenda for City Council consideration. The Ad Hoc Committee shall be comprised of the following three Council Members: (1) Mayor Will O'Neill; (2) Council Member Diane Dixon; and (3) Council Member Kevin Muldoon. The sole purpose and responsibility of the Ad Hoc Committee shall be to consider the impacts of the COVID-19 outbreak on commercial businesses in the City and make recommendations to the entire City Council regarding actions that can be taken to assist Newport Beach commercial businesses to re -open safely and their advancement as the local economy stabilizes and grows. The Ad Hoc Committee will expire when they make their final recommendations to the City Council or June 30, 2021 whichever occurs first. 1-2 Emergency Ordinance No. 2020-002: Closing the City Controlled Beaches; Resolution No. 2020-40: Creating an Ad Hoc Committee to Support Local Business; and Resolution No. 2020-41: Supporting the County of Orange Board of Supervisors' Efforts to Re -Open Commercial Business April 28, 2020 Page 3 Supporting the Orange County Board of Supervisors Re -Opening of Businesses For City Council's consideration is a resolution to support the Orange County Board of Supervisors effort to re -open commercial businesses. The County of Orange ("County") formed the Orange County Business Recovery Ad Hoc Committee to receive advice from business and medical professionals to address the County's efforts to re -open commercial business in a manner that protects the health safety and welfare of those residing and working in the County, while minimizing the impact of the COVID-19 outbreak on the economy. The proposed resolution authorizes the Mayor and City Manager to work with the County leaders to help business in the County and the City re- open commercial business in a safe manner. Closing City Controlled Beaches The City of Newport Beach controls over eight miles of ocean beaches that stretch from the Santa Ana river jetty to Crystal Cove State Park. Additionally, there are also many miles of bay beach within Newport Harbor. During the summer months a typical weekend brings over 100,000 visitors to the City beaches. COVID-19 is easily transmitted, especially in group settings, and slowing the spread is crucial to ensure healthcare providers are not overwhelmed and to safeguard public health and safety. The Governor's "Stay at Home" order, which directs all individuals in the State to stay home except for essential functions, is especially critical. As of April 26, 2020, there were 94 cases in the City, and COVID-19 is primarily spread from person to person. In response to the Governor's "Stay at Home" order, and following the State's actions in regard to their beaches, the City closed all of the ocean beach front serving parking lots on April 1, 2020. Additionally, the City also closed the Oceanfront boardwalk, the Bayfront walkway around Balboa Island, West Jetty Park, the Wedge beach area, Inspiration Point, Lookout Point, and all the park lawn areas along Ocean Boulevard in Corona del Mar due to the difficulty to social distance based on the number of people using these areas. To date, the City has kept the ocean and bay beaches and most pedestrian access to the beaches open. Closing beach parking lots further forced beach visitors to park on residential streets. Even though the streets are for the public's use, with most people now home during the daytime, it has resulted in many residents of the City not being able to leave their homes for extended periods of time without risking exposure to groupings of people. In anticipation of the warmer weather increasing the number of visitors to the beaches, the City opened some of the beach parking lots for the April 24-26, 2020 weekend. Opening some beach parking lots was done to help prevent residential streets from being significantly impacted by beach visitor parking. 1-3 Emergency Ordinance No. 2020-002: Closing the City Controlled Beaches; Resolution No. 2020-40: Creating an Ad Hoc Committee to Support Local Business; and Resolution No. 2020-41: Supporting the County of Orange Board of Supervisors' Efforts to Re -Open Commercial Business April 28, 2020 Page 4 The warm weather resulted in tens of thousands of people gathering at the City's beaches during the weekend and it was observed that some people were congregating and not social distancing in accordance with state and federal guidelines, particularly in walking to and from the beach. Many of the surrounding cities and counties, including the County of Orange, have taken different approaches to restricting uses of their controlled beaches. Table A lists some of the agencies and the current status of their beaches and parking lots. TABLE A City of Huntington Beach Beaches are Open Beach Parking Lots Remain Closed City of Laguna Beach Beaches are Closed Beach Parking Lots Remain Closed City of San Clemente Beach Use Restricted to Active Uses Beach Parking Lots Remain Closed City of Seal Beach Beaches are Closed Beach Parking Lots Remain Closed County of Orange Beaches are Open Beach Parking Lots Remain Closed State of California Beaches are Open Beach Parking Lots Remain Closed Due to concerns raised regarding residents not able to leave their homes without risk of exposure to groupings of people congregating and the challenges that have arisen with social distancing, the City Council is considering an emergency ordinance to close the City's controlled beaches, including bay beaches, the public strand, as well as water areas within 100 yards of a public ocean front beach on May 2 and 3, May 9 and 10, and May 16 and 17. Alternatively, Restrict Vehicular Access As an alternative to physically closing the beaches, the City Council may consider restricting vehicles entering the Balboa Peninsula and Corona del Mar ("CdM") area during the three weekends stated above. Access to these areas would still be granted to residents and essential businesses. If the City Council were to decide to restrict vehicle access, it is important to note the amount of Police and Public Works resources required to set up, monitor and enforce vehicles requesting access to these areas is significant. Police Department check points would be established and each vehicle entering the check point would need to be verified with identification on their residency and destination. Additionally, establishing check points would create a traffic back up and circulation issues that will impact many roadways, including Coast Highway, Newport Boulevard, and Balboa Boulevard, resulting in an increase to the Fire Department's response times. 1-4 Emergency Ordinance No. 2020-002: Closing the City Controlled Beaches; Resolution No. 2020-40: Creating an Ad Hoc Committee to Support Local Business; and Resolution No. 2020-41: Supporting the County of Orange Board of Supervisors' Efforts to Re -Open Commercial Business April 28, 2020 Page 5 Establishing Police Department check points for CdM will be even more challenging due to the number of different access points that enter CdM. Questions as to where the check points should be located, and who, besides residents, may enter through the check points have yet to be answered. Having multiple check points will require more Police and Public Works resources, increasing overall costs to the City. California Coastal Commission Review The City controlled beaches are located on state tidelands and the California Coastal Act delegates permit jurisdiction to the California Coastal Commission. Section 30611 of the Coastal Act allows immediate action by a public official or public agency to protect life and public property from imminent danger in cases of natural disaster, serious accident, or other cases of emergency. The requirements of obtaining any permit under the Coastal Act may be waived upon notification of the Executive Director of the Coastal Commission of the type and location of the action within three days of the disaster or discovery of the danger, whichever occurs first. COVID-19 threatens the public's health and safety and due to the Governor's Stay at Home order, many coastal jurisdictions have been taking a variety of actions that restrict public access. The Executive Director has been granting permit waivers pursuant to Section 30611 of the Coastal Act at the jurisdictions' requests, including the City of Newport Beach. The Executive Director's actions are a clear recognition of the need to protect the public's health and safety due to the COVID-19 outbreak. If the City Council votes to temporarily close the beaches as recommended or if it takes the alternative action to restrict vehicular access as described above, staff will notify the California Coastal Commission Executive Director of the action through a Section 30611 permit waiver request. ENVIRONMENTAL REVIEW: Find this action exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), 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. NOTICING: The agenda item has been noticed according to the Brown Act (24 hours in advance of the meeting at which the City Council considers the item). 1-5 Emergency Ordinance No. 2020-002: Closing the City Controlled Beaches; Resolution No. 2020-40: Creating an Ad Hoc Committee to Support Local Business; and Resolution No. 2020-41: Supporting the County of Orange Board of Supervisors' Efforts to Re -Open Commercial Business April 28, 2020 Page 6 ATTACHMENTS: Attachment A — Resolution 2020-40 Attachment B — Resolution 2020-41 Attachment C — Emergency Ordinance No. 2020-002 1-6 ATTACHMENT A RESOLUTION NO. 2020-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD HOC COMMITTEE TO ADDRESS COMMERCIAL RE- OPENING AND BUSINESS ADVANCEMENT IN RESPONSE TO COVID-19 CLOSURES WHEREAS, as part of the State of California's response to address the global COVID-19 outbreak, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for the broader spread of COVID-19 ("State of Emergency"); WHEREAS, on March 15, 2020, Governor Newsom called for all bars, wineries, nightclubs and brewpubs to close throughout the state, urged all seniors and people with chronic health conditions to isolate themselves at home, and for restaurants to reduce occupancy by half to keep people farther away from each other; WHEREAS, on March 15, 2020, in response to the COVID-19 outbreak, Newport Beach City Manager Grace Leung, who is the Director of Emergency Services ("Director of Emergency Services") for the City of Newport Beach ("City"), issued a Proclamation of Local Emergency ("Proclamation"), WHEREAS, on March 18, 2020, the Newport Beach City Council ratified the Proclamation and authorized the City Manager and Director of Emergency Services to take certain actions to protect the health, safety, and welfare of the public; WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N- 33-20, requiring all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations of the federal critical infrastructure sectors ("Stay at Home Order"); WHEREAS, since the declaration of the State of Emergency, issuance of the Proclamation and issuance of the Stay at Home Order, commercial businesses throughout the City have either closed or limited operations; WHEREAS, the top priority for the City Council is to protect the health, safety and welfare of those residing in the City, while minimizing the impact of the COVID-19 outbreak on the economy; and WHEREAS, the City Council desires to create an Ad Hoc Committee, comprised of three (3) Council Members, to consider the effects of the COVID-19 outbreak on commercial businesses in the City and make a recommendation, or recommendations, to the entire City Council regarding actions that can be taken to assist Newport Beach commercial businesses re -open safely. 1-7 Resolution 2020-40 Page 2of3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates an Ad Hoc Committee to address commercial re -opening and business advancement in response to the COVID-19 closures ("Ad Hoc Committee"), which Ad Hoc Committee shall be comprised of the following three Council Members: (1) Mayor Will O'Neill; (2) Council Member Diane Dixon; and (3) Council Member Kevin Muldoon. The sole purpose and responsibility of the Ad Hoc Committee shall be to consider the impacts of the COVID-19 outbreak on commercial businesses in the City and make a recommendation, or recommendations, to the entire City Council regarding actions that can be taken to assist Newport Beach commercial businesses re -open safely. Section 2: The Ad Hoc Committee shall be an advisory committee and shall expire upon making of its final recommendation to the entire City Council or June 30, 2021, whichever occurs first. Given the worldwide outbreak of COVID-19 is rapidly evolving, it is contemplated by the City Council that the Ad Hoc Committee may make multiple recommendations to the City Council and that the Ad Hoc Committee shall not expire until the Ad Hoc Committee makes its final recommendation. This Ad Hoc Committee supersedes any existing Ad Hoc Committee concerning the scope of responsibility set forth in this Resolution. Section 3: The Ad Hoc Committee shall not be subject to the Brown Act; however, the recommendation (s) of the Ad Hoc Committee shall be considered at a noticed and public hearing by the entire City Council. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: 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. 1-8 Resolution 2020-40 Page 3 of 3 Section 6: 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 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 28th day of April, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 1-9 ATTACHMENT B RESOLUTION NO. 2020-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING THE ORANGE COUNTY BOARD OF SUPERVISORS' EFFORTS TO ADDRESS COMMERCIAL RE -OPENINGS IN RESPONSE TO COVID-19 CLOSURES WHEREAS, as part of the State of California's response to address the global COVID-19 outbreak, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for the broader spread of COVID-19 ("State of Emergency"); WHEREAS, on March 15, 2020, Governor Newsom called for all bars, wineries, nightclubs and brewpubs to close throughout the state, urged all seniors and people with chronic health conditions to isolate themselves at home, and for restaurants to reduce occupancy by half to keep people farther away from each other; WHEREAS, on March 15, 2020, in response to the COVID-19 outbreak, Newport Beach City Manager Grace Leung, who is the Director of Emergency Services ("Director of Emergency Services") for the City of Newport Beach ("City"), issued a Proclamation of Local Emergency ("Proclamation"); WHEREAS, on March 18, 2020, the Newport Beach City Council ratified the Proclamation and authorized the City Manager and Director of Emergency Services to take certain actions to protect the health, safety, and welfare of the public; WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N- 33-20, requiring all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations of the federal critical infrastructure sectors ("Stay at Home Order"); WHEREAS, since the declaration of the State of Emergency, issuance of the Proclamation and issuance of the Stay at Home Order, commercial businesses throughout the City and County of Orange ("County") have either closed or limited operations; and WHEREAS, the County is one of the largest metro area economies in the country and has formed the Orange County Business Recovery Ad Hoc Committee to receive advice from business and medical professionals to address the County's efforts to re -open commercial business in a manner that protects the health, safety and welfare of those residing and working in the County, while minimizing the impact of the COVID- 19 outbreak on the economy. 1-10 Resolution 2020-41 Page 2of3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council hereby declares that it supports the efforts of the County Board of Supervisors to rc-opcn commercial business in a manner that protects the health, safety and welfare of those residing and working in the County, while minimizing the impact of the COVID-19 outbreak on the economy. The City Council authorizes the Mayor and City Manager to work with County leaders to help business in the County of Orange and the City re -open commercial business in a safe manner. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion 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. Resolution 2020-41 Page 3of3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 28th day of April, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 1-12 ATTACHMENT C EMERGENCY ORDINANCE NO. 2020-002 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CLOSING ALL CITY CONTROLLED BEACHES IN THE CITY OF NEWPORT BEACH ON MAY 2, 3, 9, 10, 16, AND 17, 2020 WHEREAS, Section 200 of the 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 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, on January 31, 2020, the United States Secretary of Health and Human Services announced a nationwide public health emergency, in response to the COVID-19 outbreak; WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19 ("State of Emergency); WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; WHEREAS, on March 15, 2020, Governor Newsom called for all bars, wineries, nightclubs and brewpubs to close throughout the state, urged all seniors and people with chronic health conditions to isolate themselves at home, and for restaurants to reduce occupancy by half to keep people farther away from each other; WHEREAS, on March 15, 2020, in response to the COVID-19 outbreak, Newport Beach City Manager Grace Leung, who is the Director of Emergency Services ("Director of Emergency Services") for the City, issued a Proclamation of Local Emergency ("Proclamation"); WHEREAS, on March 18, 2020, the Newport Beach City Council ratified the Proclamation and authorized the Director of Emergency Services to take certain actions to protect the health, safety, and welfare of the public; WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20, requiring all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations of the federal critical infrastructure sectors ("Stay at Home Order"); 1-13 Emergency Ordinance No. 2020-002 Page 2 of 4 WHEREAS, on March 19, 2020, the Federal Cybersecurity and Infrastructure Security Agency issued guidance identifying 14 critical infrastructure sectors whose workers provide services and functions that are essential to support a strong response to the COVID-19 outbreak; WHEREAS, COVID-19 has been detected in millions of people worldwide, including, as of April 26, 2020, 94 cases in the City, and is primarily spread from person to person; WHEREAS, COVID-19 is easily transmitted, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to not be overwhelmed and safeguard public health and safety; WHEREAS, tens of thousands of people gathered at beaches in the City during the weekend of April 24-26, 2020, resulting in some people congregating and not social distancing in accordance with state and federal guidelines; WHEREAS, many of the people gathering to utilize the City's beaches are parking in residential neighborhoods due to beach parking lot closures in line with the State and County, resulting in many residents of the City not being able to leave their homes for extended periods of time without risking exposure to groupings of people; WHEREAS, Charter Section 412 provides that an ordinance necessary to preserve the public peace, health or safety, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes; and WHEREAS, this emergency ordinance closing all City controlled beaches on May 2-3, May 9-10, and May 16-17, 2020, is the least restrictive way to help ensure that the health, safety, and welfare of the public is protected. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council for the City of Newport Beach hereby finds and declares that this emergency ordinance is necessary to limit the spread of COVID-19 and to protect the health, safety and welfare of the public, including, but not limited to, the residents of the City, because there is insufficient space on the City controlled beaches to accommodate the number of people observed using and/or who are projected to utilize said beaches on May 2-3, May 9-10, and May 16-17, 2020. 1-14 Emergency Ordinance No. 2020-002 Page 3 of 4 Section 2: The City of Newport Beach City Council hereby orders all City controlled beaches including, but not limited to, the Balboa Peninsula Beach, Newport Municipal Beach, the Balboa Pier Beach, China Cove Beach, Corona del Mar Beach, Little Corona del Mar Beach, Pirates Cove Beach, West Jetty View Beach, and West Newport Beach, closed to all members of the public on May 2, 3, 9, 10, 16, and 17, 2020. For purposes of this emergency ordinance "beaches" means any public ocean front or bay front beach within the City, including public strands adjoining the beach areas as well as the water areas within 100 yards of a public ocean front beach. The City Manager shall take any and all action to ensure that this emergency ordinance and the provisions contained herein are given widespread publicity including, but not limited to, posting signs at least 48 hours prior to the afore -mentioned closures. Section 3: No person shall enter, be within, or remain within any beach area within the City that has been closed to the public after receiving a written or oral order to either not enter or to leave such area from a peace officer. Section 4: A violation of this emergency ordinance shall be a misdemeanor punishable pursuant to Section 2.20.100 and/or Section 1.04.010 of the Newport Beach Municipal Code. Section 5: All peace officers are hereby authorized to enforce this emergency ordinance and to arrest any person who does not obey said ordinance. Section 6: The recitals provided in this emergency ordinance are true and correct and are incorporated into the substantive portion of this emergency ordinance. Section 7: If any section, subsection, sentence, clause or phrase of this emergency 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 emergency ordinance. The City Council hereby declares that it would have passed this emergency 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 8: The City Council finds and determines that the introduction and adoption of this emergency ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15269(c) (the activity is necessary to prevent or mitigate an emergency), 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. 1-15 Emergency Ordinance No. 2020-002 Page 4 of 4 Section 9: This emergency ordinance shall become effective upon its adoption and shall continue in full force and effect until: (a) midnight on May 17, 2020; (b) the State of Emergency is terminated by proclamation of the Governor of California; (c) the local emergency proclaimed on March 15, 2020 and ratified by the City Council on March 18, 2020, is terminated by proclamation of the City Council; or (d) such time as this emergency ordinance is repealed in whole, or in part, by the City Council. Section 10: The Mayor shall sign, and the City Clerk shall attest to the passage of this emergency ordinance. The City Clerk shall cause the emergency ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This emergency ordinance was introduced and adopted at a special meeting of the City Council of the City of Newport Beach held on the 28th day of April 2020, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7(( ` /L--- AAR N C. HARP, CITY AT ORNEY 1-16