HomeMy WebLinkAbout2020-007 - 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, iEMERGENCY 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
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, on January 31, 2020, the United States Secretary of Health and
Human Services announced a nationwide public health emergency, in response to the
COVID-19 outbreak;
WHEREAS, 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
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, issued a Proclamation of Local Emergency
("Proclamation");
WHEREAS, on March 18, 2020, the Newport Beach City Council ratified the
Proclamation and authorized the Director of Emergency Services to take certain actions
to protect the health, safety, and welfare of the public;
Emergency Ordinance No. 2020-007
Page 2 of 4
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, COVID-19 has been detected in millions of people worldwide,
including, as of June 30, 2020, 295 cases in the City, and is primarily spread from person
to person;
WHEREAS, the City recently discovered that two of its seasonal lifeguards have
tested positive for COVID-19;
WHEREAS, based on contact tracing, other seasonal lifeguards have been
quarantined, which impacts the City's lifeguard operations and the City's ability to protect
the health, safety, and welfare of the public during elevated periods of anticipated crowds
including, and especially, July 4th;
WHEREAS, it is expected that tens of thousands of people will utilize beaches
controlled by the City on July 4, 2020, and that the City will be unable to properly protect
the health, safety, and welfare of all beachgoers given the impact to operations caused
by the quarantining of seasonal lifeguards;
WHEREAS, depending on the number of individuals utilizing the City controlled
beaches on July 3 and July 5, 2020, it may be necessary for the City Manager to close
the beaches if she determines that there are insufficient lifeguards to protect the health,
safety, and welfare of all beachgoers;
WHEREAS, Charter Section 412 provides that an ordinance necessary to
preserve the public peace, health or safety, may be introduced and adopted at one and
the same meeting if passed by at least five affirmative votes; and
WHEREAS, this emergency ordinance closing all City controlled beaches for a
limited time is the least restrictive way to help ensure that the health, safety, and welfare
of the public is protected.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council for the City of Newport Beach hereby finds and
declares that this emergency ordinance is necessary to protect the health, safety, and
welfare of the public, including, but not limited to, the residents of the City, because
reduced lifeguard staffing levels related to COVID-19 have impacted the ability of the City
to properly protect the health, safety, and welfare of beachgoers during elevated periods
of anticipated crowds including, and especially, July 4th.
Emergency Ordinance No. 2020-007
Page 3 of 4
Section 2: The City of Newport Beach City Council hereby orders all City
controlled beaches including, but not limited to, the Balboa Peninsula Beach, Newport
Municipal Beach, the Balboa Pier Beach, China Cove Beach, Corona del Mar Beach,
Little Corona del Mar Beach, Pirates Cove Beach, West Jetty View Beach, and West
Newport Beach ("City Controlled Beaches"), closed to all members of the public from July
3, 2020 at 10:00 p.m. to July 5, 2020 at 6:00 a.m.
Section 3: The City Council hereby grants 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 and
notifies the public of her decision as provided herein.
Section 4: The City Manager shall take any and all action to ensure that this
emergency ordinance and the provisions contained herein are given widespread publicity
including, but not limited to, posting signs at least one (1) hour prior to any closure.
Section 5: No person shall enter, be within, or remain within any beach area
within the City that has been closed to the public after receiving a written or oral order to
either not enter or to leave such area from a peace officer.
Section 6: A violation of this emergency ordinance shall be a misdemeanor
punishable pursuant to Section 2.20.100 and/or Section 1.04.010 of the Newport Beach
Municipal Code.
Section 7: All peace officers are hereby authorized to enforce this emergency
ordinance and to arrest any person who does not obey said ordinance.
Section 8: The recitals provided in this emergency ordinance are true and
correct and are incorporated into the substantive portion of this emergency ordinance.
Section 9: If any section, subsection, sentence, clause or phrase of this
emergency ordinance 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
emergency ordinance. The City Council hereby declares that it would have passed this
emergency ordinance 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.
Section 10: The City Council finds and determines that the introduction and
adoption of this emergency ordinance is not subject to the California Environmental
Quality Act ("CEQK) pursuant to Sections 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
Emergency Ordinance No. 2020-007
Page 4 of 4
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 11: This emergency ordinance shall become effective upon its adoption
and shall continue in full force and effect until midnight on July 5, 2020.
Section 12: The Mayor shall sign, and the City Clerk shall attest to the passage
of this emergency ordinance. The City Clerk shall cause the emergency ordinance, or a
summary thereof, to be published pursuant to City Charter Section 414.
This emergency ordinance was introduced and adopted at a special meeting of the
City Council of the City of Newport Beach held on the 1St day of July 2020, by the following
vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avery, Council Member Brenner Council
Member Dixon, Council Member Duffield, Council Member Herdman
NAYS.-
ATTEST:
AYS:
ATTEST:
ncil Member Muldoon
I � �
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ern.`. _...__—
AARON C. HARP, CITY ATTORNEY
WILL O'NEILL, MAYOR
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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; that the foregoing ordinance, being Emergency
Ordinance No. 2020-007, was duly introduced and adopted at a regular meeting of the City Council on
the 15' day of July , 2020, 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
NAYS: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1s' day of July, 2020.
LeiOlBrowA%
City
Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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
Emergency Ordinance No. 2020-007 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of
general circulation on the following date.-
Published
ate:
Published Date:
In witness whereof, I have hereunto subscribed my name this day of
2020.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California