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HomeMy WebLinkAbout12/18/2020 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Special Meeting December 18, 2020 I. CONVENED AT 9:01 A.M. II. ROLL CALL Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner (via Zoom), Council Member. Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill III. INVOCATION — Council Member O'Neill IV. PLEDGE OF ALLEGIANCE — Council Member Blom V. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher questioned whether the City Council conducted a special meeting to discuss the City assisting with this year's boat parade, discussed the City's desire for all air carriers to operate out of the main John Wayne Airport (JWA) passenger terminal, indicated that JetSuiteX has sued the County over that requirement and believed the City should intervene in that lawsuit, reviewed a Harbor Commission action that does not rectify the building of structures erected over the Harbor, and relayed that he will provide the City with details in writing concerning his difficulties in trying to remove an unwelcomed guest who was trespassing at his home. VI. CURRENT BUSINESS 1. Authorization for the City Attorney to Take Action to Support Orange County Sheriff Don Barnes' Challenge to an Order Releasing Approximately 1,800 Inmates from Orange County Jails [100-2018] Mayor Avery reported that, since the staff report was printed, the judge has informed Sheriff Barnes that inmates are not required to be released prior to January 8, 2021. However, he emphasized that the pending release is concerning for residents and businesses and noted that Sheriff Barnes has taken significant action to keep inmates safe from the spread of COVID-19. He believed that releasing the inmates would pose a huge burden on the County and law enforcement, reported that Council has received numerous emails expressing support for Sheriff Barnes' challenge, stated that vaccinations have begun in the County, and expressed his support for Sheriff Barnes. Council Member O'Neill discussed the court order, disagreed with the release of any inmate, indicated that Sheriff Barnes is in charge of running the jail, mentioned that the District Attorney plans to file his own amicus brief, believed that the order would result in the degradation of safety in the County, and discussed the types of felonies committed by the soon-to-be released inmates. He raised concerns that there was no contemplation of the risk of COVID-19 to the inmates outside the jail, nor for the victims' rights or to potential future victims, and discussed COVID-19 case counts in Santa Ana and the County, noted there is no proof in the court order that a person released from jail is at a lower risk of catching COVID-19, affirmed that the ruling should be reversed and the City should play a role in helping with the reversal, and indicated that the City Manager and City Attorney have heard from other cities interested in joining in on this effort. Mayor Pro Tem Muldoon believed the ruling is dangerous and sets a dangerous precedent, noted that there are restrictions pertaining to being outside, yet the court order will be forcing people under due process restrictions to join the public, and believed the ruling is illogical and should be challenged. Council Member Brenner indicated that there is complete unanimity in the community to support Sheriff Barnes, believed no argument has been made that inmates would be safer from contracting COVID-19 if released, and agreed there is no good reason for the court order. Volume 64 - Page 591 City of Newport Beach Special Meeting December 8, 2020 Council Member Dixon agreed that the City and other communities are aligned in this effort, expressed concern that this is another sign of what is happening in our State, stated that she strongly supports the recommendation, and questioned why this is occurring when everyone is trying to stay safe from COVID-19 and crime. Council Member O'Neill clarified that the City would not be intervening in the matter, but filing an amicus brief and discussed the timeline. He requested that 1) Council consider appointing a Council ad hoc committee to work with the City Attorney to finalize the brief and 2) authorize the City Attorney to allow other cities to join, if approved by their city councils. He also pointed out that the brief will be handled in-house. Mayor Pro Tem Muldoon noted that the action would have a direct financial impact on the City's resources, not to mention on quality of life or actual life; however, he believed the City would agree to allocate funds toward this effort. Jim Mosher believed this was a rare occasion where the public has the opportunity to discuss litigation, hoped that there would be more discussion regarding the litigation, thanked Council Member O'Neill for providing background on the court order, believed the public should know how much resources the City Council plans to use toward this effort, noted that the court order included the judge's reasonings, believed Sheriff Barnes did not raise the issue of whether the impact of the inmates' health should be weighed against the public's impacts of releasing them, noted that Sheriff Barnes voluntarily reduced the jail population by 50 percent early in the pandemic, and stated that not everyone in jail is convicted of a crime. Council Member O'Neill agreed that a number of the people in jail are waiting for their charges, but noted that the reason they are being held is because of the severity of the crimes, clarified that the reduction of inmates at the beginning of the pandemic occurred before prisons stopped accepting prisoners and those who were released were charged in lower level crimes, clarified that this would not be an appeal, but a writ, and indicated that the order did not provide all the evidence that was presented. Motion by Council Member O'Neill, seconded by Mayor Pro Tem Muldoon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) authorize the City Attorney to file an amicus brief, or join in a brief with other cities, supporting Orange County Sheriff Don Barnes' challenge to the order issued on December 11, 2020 (in the case entitled Cynthia Campbell et al. us. Don Barnes, in his official capacity as Sheriff of Orange County, California, Orange County Superior Court Case No. 30-2020-01141117-CU-WM-CXC), ordering the reduction of the Orange County Jail inmate population by fifty percent (50%) in all congregated living areas; and c) form a Council ad hoc committee, to include Mayor Pro Tem Muldoon and Council Member O'Neill, to work with the City Attorney to finalize the amicus brief. The motion carried unanimously. VII. ADJOURNMENT — 9:54 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 December 16, 2020, at 3:10 p.m �VvY� Leilani I. Brown, Clerk �iFpR/ Volume 64 - Page 592 , Mayor