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HomeMy WebLinkAbout07/01/2020 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Emergency Special Meeting July 1, 2020 I. CALL THE MEETING TO ORDER II. ROLL CALL - 2:00 p.m. 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 - Council Member Muldoon IV. PLEDGE OF ALLEGIANCE - Council Member Duffield V. PUBLIC COMMENTS ON AGENDA ITEMS - None VI. CURRENT BUSINESS 1. Emergency Ordinance No. 2020-007 Closing all City -Controlled Beaches in the City of Newport Beach, California, from July 3, 2020 at 10:00 p.m. to July 5, 2020 at 6:00 a.m. Mayor O'Neill indicated he called the emergency meeting due to public safety concerns raised in his meeting with staff earlier in the day and noted the anticipated busiest beach weekend in the City would coincide with one of the largest swells, both of which would significantly affect Lifeguards. City Manager Leung reported that, yesterday, two Seasonal Lifeguards tested positive for the COVID-19 virus, stated that staff immediately implemented standard protocols, including contact tracing which resulted in a significant number of staff needing to be quarantined and tested, noted concerns from her and Fire Chief Boyles regarding the impacts on Lifeguard staffing and the Junior Lifeguard Program, and reported that the item for consideration is an emergency ordinance to close beaches over the weekend, particularly on Saturday, in light of the public safety aspect of protecting beach areas. Fire Chief Boyles discussed receiving notification that staff tested positive, implementing contact tracing, the differences between exposure and contact, the employees' duties including Lifeguard recertifications, project management, and coordination and curriculum development for the upcoming Junior Lifeguard Program, expressed concerns about contact with others and potential exposures, the quarantine period of 14 days beginning June 25, and noted that a significant number of Lifeguards are currently under quarantine. In response to Council Member Dixon's questions, Fire Chief Boyles reported that 23 employees are in quarantine, 95 Lifeguards would be assigned to towers over the 4th of July weekend, 140 to 150 Lifeguards would be utilized for the Junior Lifeguard Program. Lifeguard Chief Halphide reported 76 Lifeguards will staff operations on Friday and 79 on Saturday and Sunday, staffing will be filled over the weekend without any problems despite the quarantines, additional Lifeguards are available to work over the weekend, off-duty full-time staff can be recalled in an emergency, and enhanced staffing levels can be fulfilled. City Attorney Harp advised that only active recreation is currently allowed on the beaches. Lifeguard Chief Halphide related that officers are educating the public more than enforcing the order. Council Member Muldoon noted the quarantine does not mean the employees have tested positive and the City has asked them to avoid coworkers and those who are vulnerable. He noted staffing will be adequate for the 4th of July holiday weekend. Volume 64 - Page 462 City of Newport Beach Emergency Special Meeting July 1, 2020 Mayor O'Neill clarified the concern as more Lifeguards may be needed than is available if the beach population exceeds expectations and if swimmers are not experienced with high swells and added that the City could be at risk. Lifeguard Chief Halphide believed that current staffing should be adequate based on projections for weather, crowds, and staffing, and noted that additional staff will be available if needed. City Manager Leung advised that staff is planning increased enforcement over the holiday weekend, especially enforcement of the beach curfew, and heavy enforcement would include Lifeguard assistance and extended hours. Council Member Brenner noted adequate staffing usually means the City can protect the public, but the extraordinary circumstance of the COVID-19 pandemic increases the difficulties. In response to Mayor O'Neill's questions, Lifeguard Chief Halphide stated that on -duty contact tracing for many of the employees would be straightforward. Fire Chief Boyles reported the next few days would be critical in determining if anyone else develops symptoms. He reported that a third Lifeguard has developed symptoms but has not yet been tested, agreed that staffing will be sufficient but thin over the weekend, and if more Lifeguards have to be quarantined, expressed concern that staffing will reach severe drawdown levels. Council Member Duffield referred to the closure of other beaches and expressed concern that large crowds will be visiting City beaches. Fire Chief Boyles expected the 4th of July to be busier than average because of the circumstances and beach closures. Mayor Pro Tem Avery remarked that given the issues of enhanced wave size and risks to staff and the public, the tide is against the City on this. Further, being able to take care of the public on the July 4th holiday means Council should move forward with closing the beach. In response to Council Member Dixon's questions, Police Chief Lewis reported that there are no confirmed COVID-19 cases within the Police Department at this time, but some individuals have self -quarantined out of an abundance of caution. He noted that, when an officer has a contact exposure, the officer is removed from duty and quarantined over a 14 -day period. He further reported that officers wear facial coverings and have other personal protective equipment, recommended that, if beaches are closed for a short period of time, a hard closure with designated times be implemented, pointed out that there is not much time to educate the public due to the short time until the weekend, stated that the Police Department would work with the Public Works Department to install signage and barricades, noted officers would have the pertinent Newport Beach Municipal Code sections available to support an enforcement action, and further noted that enforcement is extremely difficult and resources intensive, but the Police Department will fully comply with any Council direction. In response to Council Member Brenner's questions, Police Chief Lewis advised that the Police Department would need special authorization to issue a citation because a hard beach closure is outside Newport Beach Municipal Code provisions. Mayor O'Neill referenced Section 7 of the draft ordinance for the special authorization. Mayor O'Neill stated that, if Council is going to close the beaches, the Public Works team needs as much time as possible, Lifeguard staffing will be adequate but stretched thin, many people may not understand what a large swell means, and a hard closure would need barricades and fencing. He noted that the emergency ordinance is similar to what Laguna Beach discussed at their meeting and stated that, under the declaration of emergency, the City Manager could close the beaches, but the decision should be made by the City Council. He clarified that the proposal is a hard closure of beaches on the 4th of July weekend with discretion given to the City Manager in consultation with the Police, Public Works, and Fire Departments to close beaches on July 3 and July 5 as the situation warrants. Volume 64 - Page 463 City of Newport Beach Emergency Special Meeting July 1, 2020 Council Member Brenner questioned when the public would be made aware of the closure, indicated $1,000 fines have worked in Los Angeles, noted that the ordinance states the Police Department has the ability to arrest, but a monetary consequence sometimes makes a larger impression, and hoped word of the closure would spread quickly. Craig Batley understood the matter came up because of questions about Lifeguard staffing, but noted that the Lifeguard Chief said they have adequate staff, believed the worry should be contamination, noted the unintended consequences of closure would be parking and traffic, and stated he was unsure which is the better course of action, closing the beach or ensuring adequate staffing. An unidentified speaker inquired about the effect of a beach closure before the start of the Junior Lifeguard Program on Monday. Mayor O'Neill advised that Fire Chief Boyles would recommend delaying the program a week given the number of staff under quarantine. Eric Higby noted that Los Angeles closing their beaches resulted in illegal parking, huge crowds, and public urination, all of which was untenable and there has been an uptick in fireworks in the neighborhood. He did not see how closing the beaches would cause any more issues than the City would normally have and believed it would be safer to close the beaches. Cheryl Hall hoped the COVID-19 positive Lifeguards get well soon, remarked that COVID-19 is running rampant everywhere, residents voted for Council Members to lead and protect the community, and the droves of people on the beaches would be troublesome because the other beaches being closed. She believed that, although enforcement may be difficult, closure will show true leadership, noted that few people on the Peninsula are wearing masks and for the sake of public health, Newport Beach, and all communities, Council should close the beaches. Dr. Weiss discussed the difficulty of trying to go to the water's edge while staying 6 feet away from people, noted that in light of increases in the ICU rate, Hoag Hospital will hold an emergency meeting today, shared an article about nasal testing and false negative results, and believed keeping the beaches open is insanity. Carmen Rawson believed there are some misconceptions about people coming to the beach during the 4th of July, believed closing the beaches will be counterproductive due to its large area, and asked Council to keep the beaches open. Chris Nielson thanked Council for their work and continued efforts to keep residents safe, noted that data produced by Council has been accurate, well thought-out, and beneficial to the reopening of businesses, believed fear should not be allowed to affect the people in Newport Beach, stated that residents need to continue with their lives and the only change is there are now two positive -tested Lifeguards. He believed that the City does not need to derail the program that Council has worked hard to have in place and that a hard closure on July 4th would discourage some people but closing all weekend would be hard on the businesses. Casey asked if beaches would be open for active use under a closure. Mayor O'Neill advised that the recommendation is a hard closure. Samantha believed it is vital to look at the short term and long term, expressed concern that beach closures in surrounding areas will cause people to come into the Newport Beach community, agreed crowds are good for business, but the risk would be forced closures in the long run, urged Council to think about the physical health and financial health of businesses, believed enforcement should have a monetary value and that young people believe the risk is minor, which neglects the safety of the elderly. Volume 64 - Page 464 City of Newport Beach Emergency Special Meeting July 1, 2020 Nathan Rosenberg appreciated the City's response to the pandemic, understood two Lifeguards have tested positive and more have been quarantined, believed a partial closure for the boardwalk, the Wedge and parking lots would limit the number of people on the beaches, worried that a full closure would be more dangerous than a partial closure, stated open space is essential for recreation and staying healthy, and favored limiting the hours of beach access, limiting parking and closing the densest areas of the City. Shane Corwin noted prior speakers addressed scientific reasons and public health concerns, believed it does not make sense to open the community during a pandemic, especially after Lifeguards have been affected, and hoped others in the community can understand the reasons behind Council's decision. Scott expressed confusion with the reason for the meeting, noted Council did not close the beaches the year after the July 4th riot, implored Council to keep the beaches open, noted if the Police and Fire Departments have said they can staff the beaches, there should not be an issue, and believed it is best to err on the side of liberty and that a couple of positive COVID-19 tests is not a valid reason to close beaches to the public. A beachgoer agreed that it is important to err on the side of freedom, noted everyone had valid points about possibly closing parking, believed that ruining the economy and people's lives over some concerns is not a smart move by Council and those that have concerns can stay indoors and follow the plan. Jean Bowden, business owner on the Peninsula, stated she wants the crowds and their business, but believed they would spread the disease, preferred a short-term loss of business rather than a long term shutdown, noted that 80% of people shopping in the area do not have masks with only a couple of stores requiring them, and she agreed with closing the beaches for the weekend. Susan did not believe three days would ruin the economy, noted that with other beaches closed, there are few options except for Newport Beach and Huntington Beach, and added that Lifeguards have been quarantined and the City will be stretched thin to deal with the enormous crowds. Jennifer commented that a majority of people try to do the right thing, but beaches are crowded, people do not wear masks in the supermarket, the City needs to to protect its citizens, and stated that we can live without the beaches for three days and, if beaches are not closed, everyone will come to Newport Beach. Nancy Gardner believed that the initial plan did not anticipate all the other beach closures, believed Council should close the beaches because it will be a magnet for crowds, and staff should inform residents so they can protect themselves. Jillian Acuff indicated she has tested positive for COVID-19 within the last week, expressed concern about beaches remaining open this weekend, stated the number of people using businesses and beaches as a vacation destination rather than a place of residence is astounding, and believed the beaches staying open will hurt businesses in the long term. Roger Johnston indicated Newport Beach has been placed in a corner because of other beach closures, stated Council should think about the amount of people coming into the City, visitors do not wear masks or practice social distancing, noted as the pandemic has gotten worse and Newport Beach is one of the only areas with open beaches, people will keep coming into the City, believed the 4th of July weekend will be far worse than the Memorial Day weekend. He requested that Council consider the safety of its residents, the community, and public safety. Shirley understood the discussion on both sides of the issue, stated that she will be vacationing in Newport Beach with her family this weekend, and suggested closing beaches for one or two days or just closing parking lots and the boardwalk. Volume 64 - Page 465 City of Newport Beach Emergency Special Meeting July 1, 2020 An unidentified speaker believed Council needs to look at the long term rather than the short term, closing for two or three days is for the greater good of the entire Southern California area, and asked Council to please close the beaches for the public health of those in Newport Beach and surrounding communities, to listen to science, and to respect science. Portia Weiss supported closing beaches from July 1 to July 5, believed this is about protecting life, not liberty, noted social distancing and wearing masks have been shown to decrease deaths, stated New Zealand and Iceland are COVID-19 free, and getting hard closure information out to the public will not be a problem. Julie Holburn stated her family loves Newport Beach, Council needs to close the beaches to prevent the crowds from coming into the City and stated that the leadership of the City needs to protect its citizens. Jana encouraged Council to close the beaches to keep them safe for residents and believed it is impossible to maintain public health during this current situation and the crowds associated with the holiday are unsafe. Scott thought closing beaches would be a big issue, believed it would be safer for visitors to be in the open air, supported closing parking lots, and suggested keeping beaches open for residents. Shelly Johnson encouraged Council to close the beaches over the 4th of July weekend to avoid a similar event to Memorial Day weekend where a huge influx of non-residents from areas with high COVID-19 confirmed cases came to the City. Ken Rawson noted that, on the 4th of July, people walk closely together and do not wear masks, and if Council closes the beach, people will spillover onto the boardwalk. He asked Council to require people to wear masks and implement a fine to those who do not comply and suggested Lifeguards from cities that have closed their beaches offer assistance in Newport Beach over the weekend. Fred encouraged Council to close the beaches as no one is social distancing or wearing masks, several restaurant employees have tested positive and are still working, which is a danger to the public, and noted that Lifeguards have also tested positive for COVID-19. Council Member Dixon believed it is important to hear from residents, stated residents in the beach - facing parts of the City are in the forefront of her mind from a public safety standpoint, noted that perhaps Council can look at what can be done to reduce the burden on businesses that are eligible to remain open, believed parking lots, at least in business districts, should remain open, anticipated Council discussing how many days the closure should be, and stated that business interests need to be balanced with the health and safety of the public. In response to her questions, Police Chief Lewis indicated that closing a lane into the Peninsula will cause traffic congestion to move to other places, the emphasis is getting folks moving and preventing backups, closing lanes affects overall circulation and safety, and advised that closing the beach but not the boardwalk would be difficult. Council Member Dixon expressed concern regarding the number of new cases for young people, noted 309 cases and 2 deaths since January, and wanted to keep some of the parking lots open. Council Member Muldoon noted the Los Angeles County Sheriff will not be enforcing beach closures, believed people are not meant to be controlled by the government, stated that Hoag Hospital is at less than 10% of its capacity, stated it was unfortunate that Seasonal Lifeguards have been affected, noted local medical experts have informed him that the peak occurred a few days ago, and they believe cases will plateau, believed that because of better treatment and protections fatalities are dropping significantly and for people under age 70, the risk of fatality is the same as the flu. He further stated that medical transfers from other areas of the state are slowing, science and data do not support a closure, and beaches and outdoor spaces are considered the safest places with the lowest transmission rates. Volume 64 - Page 466 City of Newport Beach Emergency Special Meeting July 1, 2020 Council Member Herdman indicated it would be irresponsible of Council not to listen to the public and its constituents and close beaches for four days, and noted that restaurant owners on Marine Avenue have requested the 200 -block be closed to vehicular traffic so they can move their restaurant seating into the street. Mayor O'Neill related that the challenge is the nuance of the situation, did not believe there were high transmission rates on the beaches, if any, did not understand why Los Angeles closed their beaches, was convinced to call an emergency meeting because Lifeguards would be stretched thin, noted people in their 20s and 30s are being hospitalized, stated he was hopeful that with the developing news, lately people would begin to take this seriously, encouraged people to social distance, expressed concern about the closure of nearby beaches and beach parking lots, noted bars and indoor restaurants are now closed, which pushes everyone onto the beach, and emphasized that open containers are illegal. He believed the City would have more people on the beaches than expected because of beach, bar and restaurant closures when staffing is stretched thin. For those reasons and a big surf weekend, he could not, in good conscience, ask Lifeguards to do more with less, as that is a public safety issue. He recognized the community's concerns and fears, stated that, if Council closes beaches today, staff will make sure to inform the public, noted that, if this reminds people that this is serious and convinces them that this is the right thing, so that hospitalizations drop and the County gets off the watch list, this is a good thing. He emphasized that the primary reason for this decision is public safety. Everything that could go wrong during a pandemic is going wrong. If more staff are quarantined in the next two days, the City will be in trouble because there will not be enough time to do a hard closure. He asked the community and visitors to be respectful of Lifeguards and the Police Department, and stated that the City needs to be on the safe side. Motion by Mayor O'Neill, seconded by Council Member Herdman, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to 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 this project has no potential for resulting in physical change to the environment, directly or indirectly; and b) 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. 2020-007, 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 from July 3, 2020 at 10:00 p.m. to July 5, 2020 at 6:00 a.m. and Giving the City Manager Discretion to Close All City Controlled Beaches at Other Times on July 3, 2020 and July 5, 2020, if She Determines Closure is Necessary to Protect the Public, Health, Safety and Welfare. Mayor Pro Tem Avery remarked that the decision is tough and encouraged the public to read Emergency Ordinance No. 2020-007 because it influences Council's decision-making. Council Member Dixon noted the position is difficult for all Council Members because they believe in freedom and liberty, and everyone should be able to enjoy the beaches, believed surrounding cities and counties put the City in a difficult situation, noted the Governor has threatened to eliminate funding if the County does not invoke enforcement, stated the City needs to be responsible and do what is right for its employees and residents, and noted the closure is to protect the community, including visitors. Council Member Brenner indicated that she was impressed by the comment received from the Peninsula business owner regarding the short-term loss for a long-term gain and the doctor's comment that leaving beaches open would be insanity. She stated that businesses will be at risk by taking this too lightly, which could jeopardize how soon they can reopen. Council Member Muldoon stated the doctor he consulted with at Hoag Hospital does not believe it is insanity. With Council Member Muldoon voting "no," the motion carried 6-1. Volume 64 - Page 467 City of Newport Beach Emergency Special Meeting July 1, 2020 VII. ADJOURNMENT - 3:41 p.m. The emergency 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 July 1, 2020, at 1:00 p.m. � r Leilani I. Brown ' City Clerk oe Will O'Neill Mayor Volume 64 - Page 468