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`q44:09 City Council Staff Report
November 15, 2022
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tara Finnigan, Assistant City Manager - 949-644-3001, [email protected]
PREPARED BY: Melanie Franceschini, Management Analyst,
[email protected]
PHONE: 949-644-3028
TITLE: Resolution No. 2022-81: Condemning the Government of Iran for the Physical Beating and Death of Mahsa Amini by Iran's Morality Police ABSTRACT:
At its October 25, 2022 meeting, the Newport Beach City Council voted, via straw poll, in favor of staff returning with a resolution for the Council's consideration that would, if adopted, express the City of Newport Beach's condemnation of the government of Iran for the physical beating and death of Mahsa Amini by Iran's morality police.
RECOMMENDATION:
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; and
b) Adopt Resolution No. 2022-81, A Resolution of the City Council of the City of Newport Beach, California, Condemning the Government of Iran for the Physical Beating and Death of Mahsa Amini by Iran's Morality Police.
DISCUSSION:
In response to a request by Council Member Diane Dixon, at its October 25, 2022 meeting, a majority of the Newport Beach City Council supported having staff draft a resolution regarding the condemnation of the government of Iran for the physical beating and death of Mahsa Amini.
On September 13, 2022, Iran's morality police arrested and accused 22-year-old Mahsa Amini of breaking a law that requires women to cover their hair with a hijab and their arms and legs with loose clothing. Upon her arrest, she was reportedly beaten and transferred to the Vozara Detention Center in Tehran. After spending three days in a coma, Mahsa Amini died on September 16, 2022.
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Resolution No. 2022-81: Condemning the Government of Iran for the Physical Beating and Death of Mahsa Amini by Iran's Morality Police
November 15, 2022
Several cities, including the City of Beverly Hills, have passed resolutions condemning the government of Iran and Iran's morality police for their actions and against Mahsa Amini. Resolution No. 2022-81, if approved, would convey the City of Newport Beach's condemnation of the Iranian morality police and of the government of Iran for its anti -democratic oppression of its citizens.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Resolution No. 2022-81
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ATTACHMENT A
RESOLUTION NO. 2022- 81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, CONDEMNING
THE GOVERNMENT OF IRAN FOR THE PHYSICAL
BEATING AND DEATH OF MAHSA AMINI BY IRAN'S
MORALITY POLICE
WHEREAS, on September 13, 2022, Iran's morality police arrested and accused Mahsa Amini, a 22-year-old Kurdish woman, of breaking a law requiring women to cover their hair with a hijab, or headscarf, and their arms and legs with loose clothing; WHEREAS, Mahsa Amini was reportedly beaten after her arrest on September 13, 2022 by Iran's morality police and transferred to the Vozara Detention Center in Tehran;
WHEREAS, on September 16, 2022, Mahsa Amini died in a hospital after spending three days in a coma;
WHEREAS, beginning with the announcement of the death of Mahsa Amini, thousands of demonstrators have taken to the streets in many cities, including Tehran, Ilam, Isfahan, Mahabad, Saqez, Sari and Tabriz, to demand accountability for Mahsa Amini's death and an end to violence and discrimination against women and girls in Iran; WHEREAS, Iranian women are burning hijabs and have cut their hair in protest to the lack of women's rights in their country; and
WHEREAS, the government of Iran has restricted the people's access to internet, phone and other forms of communication.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City of Newport Beach strongly condemns the Iranian morality police for the evil, cruel, and barbaric acts that lead to the death of Mahsa Amini and further condemns the regime for its brutality, anti -democratic oppression of its citizens, and documented human rights violations, especially against women, students and minorities.
Section 2: That the City of Newport Beach calls upon the government of Iran to end its systemic human rights violations.
Section 3: The City of Newport Beach calls for an impartial investigation of the events leading to the death of Mahsa Amini and that those found liable for her death be brought to justice.
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Resolution No. 2022-
Section 4: The City of Newport Beach honors the life and legacy of Mahsa Amini by urging the Iranian Government to implement meaningful laws ensuring basic human rights for all its citizens.
Section 5: The City of Newport Beach strongly supports the right of all women to live a life without repression, brutal violence and restrictions on their basic human rights.
Section 6: That the City of Newport Beach calls upon other governments to join in the support of Iranians, in Iran and abroad, and the condemnation of the government of Iran's violent acts against its own people.
Section 7: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 8: 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.
Section 9: 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.
Resolution No. 2022-
Section 10: 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 1 5th day of November, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Aaron C. Harp
City Attorney
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