HomeMy WebLinkAbout04/30/2020 - Special MeetingCITY OF NEWPORT BEACH
City Council Minutes
Special Emergency Meeting
April 30, 2020
I. CALL THE MEETING TO ORDER - 5:15 p.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
Ruben Figueroa inquired about the possibility of submitting the weekend closure plan that was
discussed on April 28, 2020, to Governor Newsom for approval.
Jeff Newman suggested limiting access to all beach areas to residents only and strictly enforcing social
distancing as opposed to a full beach closure.
Brenda McCroskey read a letter she sent to Council regarding supporting the weekend beach closure.
An unidentified speaker expressed his appreciation for all of Council's hard work.
Buzz expressed his opinion that more locals were in favor of closing the beach and opposed large
gatherings.
Jessica Hogan asked if Council had considered issuing resident permit parking to mitigate the lack of
available parking spaces for residents due to out-of-town beach attendees.
David Thalberg stated he is uncertain whether Council has the authority to bypass Governor Newsom's
latest order and expressed his support for beach closures.
Nancy Scarbrough inquired about an opportunity to discuss a compromise to keep the beaches open with
the Governor's office.
Dorothy Kraus believed the City should follow the Governor's latest order and keep the beaches closed.
Joanne expressed her concern regarding social distancing and suggested Council enforce it by issuing
citations.
Grant Reynolds hoped Newport Beach follows the Governor's guidelines to close the beaches in order to
curb the Coronavirus infection rate.
Bridget Collin supported the idea of resident parking permits and indicated she would like to see the
beaches open for everyone.
Diane advocated for keeping the beaches open.
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Special Emergency Meeting
April 30, 2020
Marley Butler -Huntley believed Council should have closed the beaches on the weekends.
Lisa expressed her concern for social distancing in her neighborhood and supported following the
Governor's order to close the beaches.
David Beek thanked Council for their service and expressed his support for local businesses that benefit
from keeping the beach open.
Bob Olson believed that beaches are important for a sense of health and well-being.
Will Lincoln thanked Council for their efforts and hoped they will support allowing activity on the beach,
such as running, walking, and surfing.
In response to Mike Glenn's question, Mayor O'Neill reported that Council received the Governor's order
12 minutes before the meeting started. Mr. Glenn expressed his opposition to closing beaches because
it is his belief that the decision is unconstitutional, punitive, and unhealthy.
Matt Bridges noted his support for an active -only beach opening.
City Attorney Harp reported a majority of Council must determine that Governor Newsom's order to
close all beaches throughout Orange County severely impairs public health, safety, or both. Further,
pursuant to Government Code Section 54957, Council needs a two-thirds vote to go to Closed Session
during an emergency meeting.
Mayor O'Neill indicated one aspect of Government Code Section 54957 is a threat to public access to
public facilities, expressed his concerns for shutting down the beaches and the potential impact on
Peninsula residents, and noted he called the special meeting in light of Governor Newsom's order. He
reported that Council was invited on a phone call with the California Governor's Office of Emergency
Services (Cal-OES) and a representative indicated they look forward to working with local elected
officials and believed this is a temporary pause for the weekend, but noted that the directive did not
indicate an end date. City Attorney Harp clarified that the Governor has ordered the closure of all
Orange County beaches starting May 1St, including no public access to restrooms, parking facilities or
recreational boats, and no activities are permitted on the beach, including sunbathing, walking, running
or water sports. He noted that, with respect to harbor use, the order specifically mentioned beaches.
Motion by Mayor O'Neill, seconded by Council Member Duffield, to declare the need for the
emergency meeting, pursuant to Government Code Section 54957.
The motion carried unanimously.
In response to Mayor O'Neill's question, City Attorney Harp advised that Government Code Section
54957 requires a two-thirds vote to go into Closed Session.
Motion by Mayor O'Neill, seconded by Mayor Pro Tem Avery, to authorize the City Council to go
into Closed Session.
In response to Council Member Brenner's question, Mayor O'Neill indicated a Closed Session is needed
to discuss the legal issues.
Council Member Muldoon stated there are all sorts of things the Council needs to be aware of, such as
crowd control, public safety, and law enforcement detail.
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City of Newport Beach
Special Emergency Meeting
April 30, 2020
With Council Member Herdman voting "no," the motion carried 6-1.
Council Member Muldoon discussed various COVID-19 related statistics and indicated the need for a
plan to open businesses to assist the economy.
Council Member Herdman stated that Council's priority is to protect residents.
Mayor O'Neill indicated partners at Hoag Hospital did a great job at Speak Up Newport and thanked
the Police Department, Fire Department, lifeguards, and City staff for keeping the public safe and
working under evolving circumstances.
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the item listed
under Closed Session and read the title.
VI. CLOSED SESSION
A. THREAT TO PUBLIC SERVICES OR FACILITIES
(Government Code § 54957): 1 Matter
Consultation with: The Emergency Services Director, Grace Leung, and the Chief of Police Jon
Lewis.
Purpose of Meeting: The City Council will meet in Closed Session to discuss Governor Newsom's
order which closed all beaches throughout the County of Orange.
Procedural Matters: Prior to holding the Emergency Closed Session, a majority of the City
Council must make a determination that Governor Newsom's order, which
closed all beaches throughout the County of Orange, is an activity that
severely impairs public health, safety, or both, as determined by a majority
of the members of the City Council. In addition, the City Council may only
meet in Closed Session, pursuant to Section 54957, if meeting in Closed
Session is agreed to by a two-thirds vote of the members of the City Council
present at the meeting, or, if less than two-thirds of the members are
present, by a unanimous vote of the members present.
Mayor O'Neill recessed the meeting at 6:07 p.m. and reconvened at 7:29 p.m. with all members
of the City Council present.
VII. CLOSED SESSION REPORT
City Attorney Harp announced that there were no reportable actions taken during Closed Session.
Mayor O'Neill advised that the Police Chief and Fire Chief are ready to protect and serve the residents
of Newport Beach and that Council reviewed the directive from Cal-OES and is confident that public
safety teams will educate and provide enforcement, as needed.
Council Member Muldoon interpreted the meeting as an opportunity to explore and initiate all legal
avenues available to Council, and requested a special Council meeting to join Huntington Beach or any
other Orange County city in fighting the Governor's order to close the beaches. City Attorney Harp
explained that four Council Members need to agree with Council Member Muldoon so that a special
meeting can be scheduled.
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City of Newport Beach
Special Emergency Meeting
April 30, 2020
VIII. ADJOURNMENT - 7:32 p.m.
The special emergency 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 April 30, 2020, at 3:35 p.m.
dilani-I. Brown, CihiyvClerk
Will O'Neill, Mayor
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