The Orange County Board of Supervisors voted narrowly Tuesday to submit a plan to the state to have its beaches reopened for active use only.
The issue sparked a heated debate as the board voted 3-2 to approve directing county CEO Frank Kim to craft a plan consistent with what has already been approved in each city where a county beach is located and sending it to Gov. Gavin Newsom, who shut down Orange County’s beaches last week, for his approval.
Orange County Board of Supervisors Chairwoman Michelle Steel and Supervisor Don Wagner voted no on the motion sponsored by Supervisor Lisa Bartlett, with Steel muttering “very disappointing” after it was approved.
Wagner was critical of city leaders who have submitted plans for active use on their beaches.
“I’m disappointed that local government in the coastal cities felt the need to bow and scrape together and throw together a plan and not to stand up to the arbitrary and capricious power of the governor,” Wagner said. “We are not a poor step-child.”
Steel said she was “surprised” the governor “singled out” Orange County with a shutdown order, when she argued that there was sufficient social distancing on the part of beachgoers. Wagner reiterated his arguments that the governor based his order on a few news photos that showed large gatherings. He said the images were deceptive and that aerial drone photos taken by local police more accurately reflected the crowds.
Bartlett noted that Ventura and San Diego counties have gotten active-use only plans approved by the state and did not have any interruption in access, so Orange County would be just joining those plans.
“We all know that if we have too many people in a given area, a mass gathering, with no face masks, then potentially we’re going to spread the coronavirus and we’re not going to be able to open up as quickly as possible,” Bartlett said. “We need to have that balance.”
Steel also raised issues about enforcing active use on the beaches, saying it would be difficult to define.
But Supervisor Doug Chaffee said it was time to put politics aside and work with the governor.
“The concept of fighting this I have trouble with because we need to work with the governor on a lot of things,” Chaffee said. “We’re a donor county and I don’t want to pick a fight. It strikes me as odd that we would pick a fight over this… To me, this is getting the beaches open for people. If we continue this further and they’re closed until litigation happens we’re depriving people of the beach. This is a start. I don’t want to deprive people of what they can get today.”
The supervisors rescinded their original motion when Wagner raised a “point of order” objection, and claimed later that the motions motion was confusing and that whatever plan Kim created should come back to the board for consideration at next Tuesday’s meeting.
That generated another heated debate as Bartlett re-stated her motion, which Supervisor Doug Chaffee seconded, with Wagner and Steel continuing to argue it was confusing.
Wagner, who is an attorney, repeatedly referred to the governor’s shutdown order as “arbitrary and capricious,” drawing an objection from Supervisor Andrew Do — also an attorney — who said that it was a specific legal term that is defined by a judge.
Do, who cast the tie-breaking vote, said he would oppose it if opening the beaches was all the board was voting on and because he was “offended” by the governor’s shutdown order. But Do said he viewed it as part of the governor’s overall plan to reopen businesses, which he outlined on Monday.
Beaches have reopened on a limited basis in San Clemente and Laguna Beach, while Newport Beach has submitted a proposal to allow active use of its shoreline following the weekend shutdown ordered by Newsom. Newport Beach spokesman John Pope said the city is still awaiting word from the state on a plan submitted Saturday.
State officials have also approved plans to reopen in Dana Point and Seal Beach. Huntington Beach City Council, on its own, decided to reopen its beaches without submitting a plan to the state, and is continuing to pursue its lawsuit, which is scheduled for a hearing on Monday.
Huntington Beach officials failed last week in their attempt to seek a temporary restraining order blocking Newsom’s closure of the county’s beaches, but appeared to reach a deal with Newsom to re-open.
During his daily briefing on Tuesday, Newsom praised Orange County officials.
“I couldn’t be more complimentary of their local elected officials, the mayor of Laguna Beach, a prime example, how collaborative and cooperative his team was with our team to come up with appropriate restrictions in terms of beach access to be able to open up those beaches for access,” Newsom said.
“Just a few hours ago we were able to make a similar commitment in terms of protocols and procedures with Huntington Beach, Dana Point and Seal Beach, so those are opening back up as well,” Newsom said. “So, Huntington Beach reopening, Dana Point reopening, Seal Beach reopening, working with the county supervisors in Orange County, we hope new developments there very shortly, as well as Newport. But real progress in that space, again in the spirit of collaboration, in the spirit of partnership. I more than anyone look forward to making subsequent announcements in this space as we move forward.”
The governor announced a shutdown of the county’s beaches late last week, saying he feared a repeat of the previous weekend, which saw large numbers of people flock to the shoreline despite stay-at-home orders in place due to the COVID-19 pandemic. That prompted lawsuits filed by a group of residents and by the cities of Huntington Beach and Dana Point, leading to the failed effort to have a judge put Newsom’s order on hold.
In its deal with the state to reopen its shoreline, San Clemente pledged to break up mass congregations of people and allow only active uses of its beaches, while restricting parking to residents only and closing restrooms.
In Laguna Beach, where beaches have been closed since March, the city got permission to reopen beaches for active use only from 6 to 10 a.m. Mondays through Fridays. The county has control over Aliso Beach and other parts of the shoreline in southern part of the city.
“We appreciate the governor’s willingness to work with us to provide a responsible, gradual approach to reopening all beaches in Laguna Beach for active recreation,” Laguna Beach Mayor Bob Whalen said. “This will allow people the opportunity to walk, jog, swim and surf and get some fresh air and exercise on a limited basis, but not congregate or gather in large groups.”
The city has four phases in its reopening plans, with the next phase including expansion of hours on weekends.
In Newport Beach, Councilman Jeff Herdman, who represents Balboa Island, said he supported a reopening plan in his city.
“It’s probably time to do that,” Herdman said of reopening its beaches with a “partial access, continuous movement kind of thing on our beaches as opposed to leaving them closed.”
Newport Beach City Councilman Kevin Muldoon, acting independently of the council, filed a federal lawsuit against the state’s shutdown of the county beaches. Muldoon objects to a partial reopening of the beaches.
“Recreational use is disingenuous,” Muldoon said. “From what I’ve heard from multiple people is they still want to sit down on a towel on the beach and relax. If they’re practicing social distancing and outdoors where COVID is less likely to be transmitted I don’t see the problem with them enjoying their beaches.”