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HomeMy WebLinkAbout05/02/2020 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Special Meeting May 2, 2020 I. CALL THE MEETING TO ORDER - 9:00 a.m. II. ROLL CALL Present: 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 III. INVOCATION - Mayor O'Neill IV. PLEDGE OF ALLEGIANCE - Council Member Muldoon V. PUBLIC COMMENTS ON AGENDA ITEMS City Attorney Harp reported that the Cities of Huntington Beach and Dana Point, the Balboa Bay Club, Pacific City Investments, and Lido House LLC filed a lawsuit in State Court against Governor Newsom in order to open beaches and stop the enforcement of the Governor's order, and that the causes of action alleged by the plaintiffs are violations of the California Constitution and the Governor exceeding his powers under the state emergency plan and the Government Code. He added that the City of Newport Beach filed an amicus brief in support of Huntington Beach and Dana Point; however, after oral arguments, the judge continued the matter to May 11, 2020. City Attorney Harp explained that an amicus brief is also called a friend of the court brief, the City's amicus brief explained legal issues that are important to Newport Beach, including municipal affairs, sovereignty issues, control of the beaches, and the Governor's power to issue the order under the Government Code and the state emergency plan. He added that the City also submitted declarations from the Police Chief and Fire Chief to help guide the court. Mayor O'Neill reported that the judge denied the temporary restraining order, and the Governor's directive stays in place until the hearing on May 11, 2020. Motion by Mayor Pro Tem Avery, seconded by Council Member Herdman, to adjourn the meeting. With Mayor O'Neill, Council Member Dixon, Council Member Muldoon, and Council Member Duffield voting "no," the motion failed 3-4. Jim Mosher stated that he was pleased with the motion and discussed his reasons for believing that the matter should be discussed in open session. Allison Smith referenced page six of the memorandum filed with the court and inquired whether Newport Beach is under the impression that the Governor intends to indefinitely close beaches. Mayor O'Neill indicated the Governor's directive closed the beaches effective May 1, but provided no end date. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the item listed under Closed Session and read the title. Council Member Brenner expressed her desire to conduct the discussion in public rather than in Closed Session because Council may discuss spending public resources on litigation. City Attorney Harp explained that the discussion is not on the agenda as an open session item, but it can be brought back in the future for public discussion. Volume 64 - Page 384 City of Newport Beach Special Meeting May 2, 2020 VI. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9 (d) (4)): 1 matter (The City Council will meet in Closed Session to discuss the initiation of litigation against Governor Gavin Newsom, the State of California, various State Agencies, including but not limited to, the Governor's Office of Emergency Services and the California Natural Resources Agency and State Employees including, but not limited to, Mark S. Ghilarducci and Wade Crowfoot related to Executive Order N-33-20 and the directive issued by Mr. Ghilarducci and Mr. Wade Crowfoot on April 30, 2020, which, among other things, directed the closing all beaches operated by local governments in Orange County beginning May 1, 2020.) Mayor O'Neill recessed the meeting at 9:14 a.m. and reconvened at 10:12 a.m. with all members of the City Council present. VII. CLOSED SESSION REPORT City Attorney Harp announced that a motion was made by Mayor O'Neill and seconded by Council Member Dixon, to ratify the filing of an amicus brief in the litigation against Governor Newsom to get temporary and permanent injunctions barring the Governor from closing beaches in Orange County, and that the motion was approved 5-2, with Council Members Herdman and Brenner voting "no." Council Member Muldoon believed the needed components of a public safety plan should include traffic management, parking, and voluntary social distancing. Council Member Brenner believed the first responsibility of elected officials is to protect the health and safety of citizens, and the second is to protect the property within their jurisdiction. She stated that the Governor's office has indicated their willingness to work with Council to open beaches safely. Mayor Pro Tem Avery indicated that Council is working toward getting the beaches opened as quickly as possible and in the best way forward while protecting residents. Council Member Dixon stated that, last Tuesday, with a sound public safety plan, Council was prepared to protect residents in a highly aggressive manner. She emphasized that her concerns were directed to the health and safety of residents and business owners. Mayor O'Neill indicated to residents that the beaches are theirs and Council will work diligently to open them back up to the community. VIII. ADJOURNMENT — 10:22 a.m. The special meeting 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 May 1, 2020, at 8:40 a.m._ City Clerk Will O'Neill Mayor Volume 64 - Page 385