HomeMy WebLinkAbout04/28/2020 - Special MeetingCITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
April 28, 2020
I. CALL THE MEETING TO ORDER
II. ROLL CALL - 3:00 p.m.
Present Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner
via WebEx: Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff
Herdman, Council Member Kevin Muldoon
Invocation — Council Member Dixon
Pledge of Allegiance — Mayor O'Neill
III. CURRENT BUSINESS
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
Mayor O'Neill advised that Council would first address Resolution Nos. 2020-40 and 2020-41, and
provided details on the proposed Ad Hoc Committee to Support Local Business.
Mayor O'Neill utilized a presentation to indicate the concerns and effects of COVID-19 and assured
residents that Council will act in the City's best interests. He discussed research and interviews
with Hoag Hospital physicians, including Dr. Michael Brant-Zawadzki, and provided crisis phone
numbers to the public. He shared aerial photos of beachgoers, as provided by Newport Beach Police
personnel, agreed that some beachgoers were not social distancing, reported Orange County
communities with closed beaches have a higher per capita number of confirmed cases of COVID-19
than communities with open beaches, reviewed the California Coastal Commission standard for
closing coastal areas, displayed a map of Council districts where he suspected residents would go to
recreate if beaches were closed, read Governor Newsom's April 27, 2020 comments and advice from
the California State Parks, and stated Council is actively researching issues, listening to residents,
and looking at both long-term and short-term solutions that are in the best interest of the
community's health. He noted his support in maintaining open space access and keeping beaches
open, believed education and enforcement should be increased, and thanked residents for the trust
they have bestowed upon Council.
Council Member Dixon thanked the Mayor for his comments and residents for contacting Council
with their comments and/or concerns. She indicated that Council and City staff are working hard to
protect and provide opportunities for residents to enjoy the City's open spaces. She believed there is
agreement that last weekend's beach experience showed disregard for the stay-at-home and social
distancing directives, advised that the challenge is to create a plan of action to decrease beachgoers
and increase safety, and noted the community safety plan for July 4th, which may be a foundation
for safety planning during the COVID-19 pandemic.
City Manager Leung acknowledged the comments provided from members of the public and stated
the paramount interest of the City is to ensure the safety of the community and residents. She added
that, if beaches were to remain open, staff is prepared to increase their presence to actively manage
the flow of traffic, parking, and pedestrian safety.
Police Chief Lewis proposed a model similar to the plan for July 4th in West Newport with an
emphasis on neighborhood safety, indicated the plan works successfully with the cooperation of the
Police, Public Works and Fire Departments, and utilized a presentation to explain enhanced Police
Department staffing to address concerns on the Peninsula.
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Special Meeting
April 28, 2020
Fire Chief Boyles used a presentation to provide a lifeguard staffing overview.
Public Works Director Webb utilized a presentation to discuss City parking lot closures, visitor
parking limits, lawn area closures, one-way walking direction signage, staff efforts in Cameo Shores,
and Oceanfront boardwalk and Balboa Island Bayfront boardwalk closures.
Mayor O'Neill reiterated that this would be the proposed plan if beaches were to remain open.
Council Member Dixon discussed the deployment of safety personnel on many street corners and
expressed her concern with traffic safety measures in residential areas. She expressed her desire to
see expanded safety personnel present to manage crowds at G, L, and M Streets and West Jetty
Park.
In response to Council Member Dixon's question, Police Chief Lewis reported that officers and
special teams are tasked with managing social distancing on sidewalks and assured there will be a
significant police presence on the Peninsula and a significant lifeguard presence on the beach.
Council Member Brenner expressed the need for continued assurances from police personnel and
noted a health concern for their increased exposure to large crowds, while enforcing and educating
the public.
In response to Council Member Brenner's questions, Police Chief Lewis reported the need for having
police officers on the beach, potential additional staffing resources, and confirmed that the Police
Department will support the efforts of the Public Works and Fire Departments.
In response to Council Member Dixon's questions, Public Works Director Webb indicated Police
Department teams are placed in beach access areas to regulate crowds and parking, nine adjustable
electronic message signs will indicate that there is no beach parking and ask that visitors stay home,
the Police Department's physical presence will assist with traffic, and the Public Information Officer
will communicate pertinent information to the media.
Council Member Brenner expressed her concern with individuals who may not follow the news and
believed signage and Police Department presence have to be much greater in enforcing closures in
order to mitigate potential crowds.
Council Member Muldoon commended staff for setting up the meeting and safety personnel for their
hard work, noted experts at Hoag Hospital have stated the curve has flattened in Orange County,
advised that safety personnel have not seen an increase in cases, believed American citizens are
responsible, and expressed the need to talk about hope, opening businesses, and moving forward.
In response to Council Member Muldoon's questions, Fire Chief Boyles discussed the latest reported
analysis of the COVID-19 situation Countywide, including the day's counts, as reported by the
County of Orange; discussed the high morale amongst safety personnel and the enhanced
precautions; stated that there are no reported symptomatic Fire Department personnel; reviewed
aerial photos of beaches at 24th and 36th Streets taken on April 25, and the beachgoers practicing
social distancing and being civil; and reviewed State and County guidelines for opening playground
equipment and Governor Newsom's stages for opening additional facilities.
Council Member Muldoon indicated beachgoers were practicing social distancing and civility
without enforcement, and believed the press accounts were not accurate. He thanked the Police and
Fire Chiefs for their staff and objectiveness and noted that Council cannot direct first responders'
actions. He suggested opening parking lots on the Peninsula to prevent visitors from going into
residential areas and believed parks should continue to stay open. He commented on fundamental
rights, advised that he has communicated to the County and State the desire to move toward
opening businesses, thanked Hoag Hospital, medical providers, and those on the frontline, and
expressed condolences to the families of the individuals who succumbed from the COVID-19 virus.
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Special Meeting
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Council Member Herdman noted Governor Newsom mentioned that last weekend's events were
counterproductive and believed that the City needs to improve their plan. He believed closing the
beaches for the next three weekends would save staff time, resources, and would not place staff in
jeopardy of increased virus exposure. He expressed concern that, if beaches do not close, the influx
of visitors will prevent residents from using facilities for exercise and noted that open beaches are
not the sole solution to preventing mental health issues.
Jim Mosher observed that the discussion of the community and safety deployment plan is different
than what was on the agenda, expressed concern that the ad hoc committee would be holding
non-public meetings and discussed its relationship to the existing business advancement committee,
and questioned the business reopening committee being composed of Council Members rather than
those in the business sector.
Teresa Hernandez indicated most people have followed the Governor's request to stay-at-home, but
Council has control over parks, beaches, and trails, and expressed her support for keeping the
beaches and parking lots open to the public.
Mr. Benson expressed his opinion on the economic and political impacts due to the COVID-19
pandemic and stay-at-home order.
Janet Frazier suggested that Council either open the parking lots so people are not walking through
the neighborhoods or close the beaches, and believed the economy needs to open and get people back
to work.
Noah Blum quoted Benjamin Franklin regarding giving up liberties for a little safety and read his
letter to Council regarding an economic collapse, opening beaches, and defining liberty for Newport
Beach.
Brian referenced Dr. Anthony Fauci's advice and noted the inconsistency in reported number of
cases.
Beth Cobb questioned the Police Department's ability to control beach -related traffic and believed
the health of the community and nation should be taken into consideration.
Lori Morris questioned the closing of the beach restroom facilities and expressed concern for
subjecting public employees to cleaning those restrooms.
Mari Fitzgerald appreciated people staying at home, expressed her opinion about the traffic in
Corona del Mar, and suggested waiting to open the beaches.
Chris Neilson appreciated Mayor O'Neill's and Council Member Muldoon's comments, found Council
Member Brenner's perceived eye -rolling offensive, and hoped Council would reconsider the short-
term lodging ordinance.
Buzz agreed with Council Member Herdman's comments and asked that Council consider limiting
the hours the beaches are open, noting that enforcement might be difficult.
Mike Este related annual deaths in Orange County for various diseases, questioned closing the
entire economy for 39 deaths, and recommended not closing the beaches.
An unidentified speaker stated that 10-17% of people are asymptomatic, there is not enough data
available to understand the virus, and believed that having the beaches remain open encourages
visitors to come to the City.
An unidentified speaker agreed with the previous speaker and supported the closing of the beaches
to prohibit an influx of visitors into the City.
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Special Meeting
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Kevin Roberts believed people coming to the beach with no open facilities is horrendous, it is unfair
to residents, and Council should open everything or close it all.
An unidentified speaker believed that the newspaper photos were accurate, suggested Council adopt
what San Clemente has done, and stated Council will be held accountable.
Cathy expressed safety concerns with beachgoers not wearing face coverings and walking into her
yard.
Casey Dorman favored closing beaches and asked if the Council's goal is to reduce the number of
people on the beach and, if so, what types of measures will Council use to see if their actions were
effective.
Joyce Novak thanked everyone, was saddened by Governor Newsom showing fake photos as a ploy
to close the beaches, and believed businesses should open as soon as possible.
Lisa Johnson urged Council to close the beaches and believed Council's priority should be to protect
the well-being of the citizens.
Karl Chicca attested to the traffic conditions of the past weekend and proposed limiting or closing
the beaches from 10:00 a.m. to 5:00 p.m. on Saturdays and Sundays for the next three weekends.
Cheryl Johnson expressed her opinion about the large crowds, the danger of not being able to adhere
to social distancing guidelines, and requested an action plan.
An unidentified speaker believed that Council should either close it all down or open everything,
including businesses, and thanked Council for caring for the residents.
Brian Schumer agreed that we are in unprecedented times and supported opening parking lots
because he believed it spreads people out naturally.
An unidentified speaker believed it is disingenuous to consider only closing or opening beaches, and
suggested closing the streets to people coming into the City but not closing beaches to residents.
Cathy Coops thanked Mayor O'Neill and Council Member Herdman for responding to her emails
and Council for helping residents stay safe, expressed support for closing the beaches but opening
parks, tennis courts, and pickleball courts, and encouraged Council to have a protocol ready when
businesses re -open.
James believed beaches should be open because of its therapeutic and recreational benefits.
Micky Murphy stated, if Council does not close the beaches, they are not listening to the wants of
Newport Beach residents.
A businessman believed it is not unpatriotic to ask people to shelter in place a little longer, indicated
potential effects of making a wrong decision, and believed that Council Member Muldoon is not
forthright and honest.
Council Member Muldoon stated he is not playing games. He stated the referenced photo was taken
at Corona del Mar State Beach, and the Police Chief testified that beach attendees were socially
distancing. He further stated that the angle of the newspaper photo was probably not intentionally
misleading, however, to publicize it as fact was premature.
Frank expressed his concern for family and friends who are business owners and asked Council to
consider opening businesses up as data does not support a full shutdown. He asked that Council
trust businesses to make the right decisions and use safety measures.
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Special Meeting
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Scott requested Council keep beaches open and put businesses back on track as soon as possible.
Randy Duarte expressed concerns with groups gathering which prevents his family access to
exercise and leaving home while feeling safe, and suggested Council close the beaches or close the
roadways to the beaches.
Carmen Rawson discussed the need for a mandate to wear face coverings outside and believed more
data is needed to make an intelligent decision.
Peter thanked everyone for listening to the comments and for all their help, indicated that keeping
beaches open encourages people to come to Newport Beach, questioned exposing residents, police
officers, and staff to risk, and inquired if Council researched the cost of deploying extra police.
Lisa Kassel believed the closing of beaches is vital to health and safety of citizens.
An unidentified speaker hoped the beaches stay open and recommended reopening restroom
facilities.
Council Member Brenner expressed support for the formation of a reopening committee and
indicated she would send Governor Newsom a note stating people would be safer at their jobs than
on Ocean Boulevard.
Motion by Council Member O'Neill, seconded by Council Member Muldoon, to 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; and b) adopt
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.
The motion carried unanimously.
Motion by Council Member Dixon, seconded by Council Member Muldoon, to 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; and b) adopt
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.
Council Member Muldoon stated his understanding of residents' fears and expressed his concern for
the community if the economy does not open soon.
The motion carried unanimously.
Motion by Council Member Muldoon, seconded by Council Member Duffield to not 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.
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City of Newport Beach
Special Meeting
April 28, 2020
Council Member Brenner reported that her district is getting inundated by traffic and she is
concerned with the available manpower to manage the problems.
Substitute motion by Council Member Brenner, seconded by Council Member Dixon, to
make beaches available for active use only.
Council Member Brenner noted the importance of continuing to be vigilant and expressed her
support for people returning to work with safety measures.
Council Member Herdman stated that businesses should open slowly and responsibly, and he
supports the substitute motion.
Council Member Muldoon discussed the issue not as a temporary inconvenience or an unwillingness
to sacrifice, but as saving the economy and the right to be free of oppression. He noted the advice
received from Hoag Hospital experts.
In response to Council questions, City Manager Leung reported that San Clemente opened its
beaches the past weekend with a regulation for active use, but enforcement was challenging.
Council Member Dixon believed, based on staffs comments, the alternate motion may not be a
feasible plan. Council Member Herdman indicated that he could not support the substitute motion
either after listening to everything.
Substitute motion by Council Member Brenner to keep beaches open until 10 a.m. for active
recreation and then close the beaches after that.
The substitute motion failed for lack of a second.
In response to Council Member Dixon's question, City Attorney Harp advised that, if the proposed
enforcement plan is to take effect, it would be a direction from Council, hearing no other direction.
If the beaches remain open, the consensus would be to move forward on that front.
In response to Council Member Herdman's question, Mayor O'Neill clarified that, if the motion fails,
a Council Member may move to close beaches for the next three weekends.
With Council Members Herdman and Brenner voting "no", the original motion by Council
Member Muldoon and seconded by Council Member Duffield carried 5-2.
IV. PUBLIC COMMENTS ON NON AGENDA ITEMS - None
V. ADJOURNMENT - 6:48 p.m.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on April 27,
2020, at 2:20 p.m.
Leilani I. Brow
City Clerk
Will O'Neill
Mayor
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