HomeMy WebLinkAbout2020-40 - Creating an Ad Hoc Committee to Address Commercial Re-Opening and Business Advancement in Response to Covid-19 ClosuresRESOLUTION 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.
Resolution 2020-40
Page 2 of 3
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.
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 U
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
01--- -�
Aaron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-40, was duly introduced before and adopted by the City Council of said City at a special
meeting of said Council held on the 28th day of April, 2020; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of April, 2020.
Leilani I. Brown `
City Clerk
Newport Beach, California
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