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HomeMy WebLinkAbout2020-40 - Creating an Ad Hoc Committee to Address Commercial Re-Opening and Business Advancement in Response to Covid-19 ClosuresRESOLUTION 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 WHEREAS, as part of the State of California's response to address the global COVID-19 outbreak, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for the broader spread of COVID-19 ("State of Emergency"); WHEREAS, on March 15, 2020, Governor Newsom called for all bars, wineries, nightclubs and brewpubs to close throughout the state, urged all seniors and people with chronic health conditions to isolate themselves at home, and for restaurants to reduce occupancy by half to keep people farther away from each other; WHEREAS, on March 15, 2020, in response to the COVID-19 outbreak, Newport Beach City Manager Grace Leung, who is the Director of Emergency Services ("Director of Emergency Services") for the City of Newport Beach ("City"), issued a Proclamation of Local Emergency ("Proclamation"); WHEREAS, on March 18, 2020, the Newport Beach City Council ratified the Proclamation and authorized the City Manager and Director of Emergency Services to take certain actions to protect the health, safety, and welfare of the public; WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N- 33-20, requiring all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations of the federal critical infrastructure sectors ("Stay at Home Order"); WHEREAS, since the declaration of the State of Emergency, issuance of the Proclamation and issuance of the Stay at Home Order, commercial businesses throughout the City have either closed or limited operations; WHEREAS, the top priority for the City Council is to protect the health, safety and welfare of those residing in the City, while minimizing the impact of the COVID-19 outbreak on the economy; and WHEREAS, the City Council desires to create an Ad Hoc Committee, comprised of three (3) Council Members, to consider the effects of the COVID-19 outbreak on commercial businesses in the City and make a recommendation, or recommendations, to the entire City Council regarding actions that can be taken to assist Newport Beach commercial businesses re -open safely. Resolution 2020-40 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates an Ad Hoc Committee to address commercial re -opening and business advancement in response to the COVID-19 closures ("Ad Hoc Committee"), which Ad Hoc Committee shall be comprised of the following three Council Members: (1) Mayor Will O'Neill; (2) Council Member Diane Dixon; and (3) Council Member Kevin Muldoon. The sole purpose and responsibility of the Ad Hoc Committee shall be to consider the impacts of the COVID-19 outbreak on commercial businesses in the City and make a recommendation, or recommendations, to the entire City Council regarding actions that can be taken to assist Newport Beach commercial businesses re -open safely. Section 2: The Ad Hoc Committee shall be an advisory committee and shall expire upon making of its final recommendation to the entire City Council or June 30, 2021, whichever occurs first. Given the worldwide outbreak of COVID-19 is rapidly evolving, it is contemplated by the City Council that the Ad Hoc Committee may make multiple recommendations to the City Council and that the Ad Hoc Committee shall not expire until the Ad Hoc Committee makes its final recommendation. This Ad Hoc Committee supersedes any existing Ad Hoc Committee concerning the scope of responsibility set forth in this Resolution. Section 3: The Ad Hoc Committee shall not be subject to the Brown Act; however, the recommendation (s) of the Ad Hoc Committee shall be considered at a noticed and public hearing by the entire City Council. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution 2020-40 Page 3 of 3 Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to 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. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 28th day of April, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown U City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 01--- -� Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2020-40, was duly introduced before and adopted by the City Council of said City at a special meeting of said Council held on the 28th day of April, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: 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 NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 291h day of April, 2020. Leilani I. Brown ` City Clerk Newport Beach, California Q_1-rFOR%