HomeMy WebLinkAbout02/25/2020 - Special MeetingCITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
February 25, 2020
I. CONVENE IN OPEN SESSION - 4:30 p.m.
H. 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. PUBLIC COMMENTS
Mayor O'Neill announced that he called the special meeting because, on Friday night, he received
notification that Costa Mesa filed a lawsuit against the United States and the State of California relative
to the potential relocation of Coronavirus patients to the Fairview Development Center site. He reported
that, over the weekend, the City filed an amicus brief in support of Costa Mesa's request for a restraining
order. At the court hearing, the judge kept the temporary restraining order in place through next
Monday. He emphasized that Council's primary duty is to maintain the health and welfare of the City's
residents.
Referencing Planning Commission's hearing regarding accessory dwelling units, David Tanner
requested that Council instruct staff and the Planning Commission to provide an analysis and
recommendation on their position relative to housing stimulus and affordability matters brought before
the Planning Commission and City Council. He believed this would promote a better understanding of
the effects of the decisions on the City and its impacts on quality of life.
Regarding Item 4 (Ordinance No. 2020-8 relative Short Term Lodging), Jim Mosher believed tonight's
item should be an introduction of the ordinance, not second reading, referenced issues discussed in a
letter from an attorney from Corona del Mar, and indicated the ordinance may need more amendments.
City Attorney Harp reported that the City Council would adjourn to Closed Session to discuss
the item listed in the Closed Session agenda and read the title.
The City Council recessed into Closed Session at 4.36 p.m.
IV. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9 (d) (4)): 1 matter
City of Costa Mesa et al. u. United States of America et al.
United States District Court Case No. 8:20-cv-00368-JLS (JDE)
(City of Costa Mesa's lawsuit requesting a temporary restraining order and preliminary injunction
against defendants related to defendants' plans to transport and house people infected or exposed
to the Coronavirus in the City of Costa Mesa.)
The City Council reconvened at 5:29 p.m. with all members of the City Council in attendance.
Volume 64 - Page 317
City of Newport Beach
Special Meeting
February 25, 2020
V. CLOSED SESSION REPORT
City Attorney Harp reported that a motion was made by Mayor O'Neill, seconded by Council Member
Herdman, and approved by all Council Members, to ratify past filings and continue to support the City
of Costa Mesa and Mayor Katrina Foley as amicus in their legal action to restrain the United States of
America, the Department of Health and Human Services, the United States Air Force, the Centers for
Disease Control and Prevention, the State of California, the Fairview Development Center, the
California Governor's Office of Emergency Services, and the California Department of General Services
from transporting or housing those persons affected by or exposed to the Coronavirus to the City of
Costa Mesa, until it is shown that there is an adequate facility for housing these patients.
VI. ADJOURNMENT - 5:31 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
February 24, 2020, at 9:45 a.m.
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Leilani I. Brown
City Clerk
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Will O'Neill
Mayor
Volume 64 - Page 318