HomeMy WebLinkAbout2022-25 - Opposing Senate Bill No. 1464, which Compels Law Enforcement to Enforce Health Orders that may be UnconstitutionalRESOLUTION NO. 2022-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, OPPOSING
SENATE BILL NO. 1464, WHICH COMPELS LAW
ENFORCEMENT TO ENFORCE HEALTH ORDERS THAT
MAY BE UNCONSTITUTIONAL
WHEREAS, Senate Bill No. 1464 compels local law enforcement to enforce public
health orders that may be unconstitutional (see, e.g., South Bay United Pentecostal
Church, et al., v. Newsom [2021 ] 592 U.S. ) and to prioritize enforcement of public
health orders over more violent or serious crimes against the public;
WHEREAS, local law enforcement has an obligation to comply with the
constitution and needs discretion to enforce laws to best protect and serve the public;
WHEREAS, if Senate Bill No. 1464 becomes law, the refusal by a law enforcement
agency to enforce a public health order that may be unconstitutional or to prioritize public
health orders over more violent or serious crimes against the public could result in law
enforcement agencies losing funding from the State of California; and
WHEREAS, the City of Newport Beach does not want any local law enforcement
agency to lose funding necessary to protect the public.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby oppose the State of California's
Senate Bill No. 1464.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: 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 No. 2022-25
Page 2 of 2
Section 4: 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 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 26th day of April, 2022.
ATTEST:
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Aaron C. Harp
City Attorney
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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. 2022-25 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 261h day of April, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
ABSENT: Council Member Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271' day of April, 2022.
r
Leilani I. Brown
City Clerk
Newport Beach, California