HomeMy WebLinkAbout03 - Emergency Declaration Continued — Caulerpa Prolifera in Newport HarborQ �EwPpRT
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<,FORN'P City Council Staff Report
July 13, 2021
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Chris Miller, Public Works Administrative Manager,
cmiller@newportbeachca.gov
PHONE: 949-644-3043
TITLE: Resolution No. 2021-63: Emergency Declaration Continued —
Caulerpa Prolifera in Newport Harbor
ABSTRACT:
On May 25, 2021, the City Council adopted Resolution No. 2021-45 proclaiming the
infestation in Newport Harbor of Caulerpa prolifera, a highly invasive algae, to be a local
emergency. Staff recommends adoption of Resolution No. 2021-63, which would continue
the Emergency Proclamation another 60 days to allow time to complete the planning and
implementation of the removal process.
RECOMMENDATION:
a) The proposed action is exempt from the California Environmental Quality Act
("CEQA") pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate
an emergency) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it does not have the potential for causing a significant
effect on the environment, and none of the exceptions listed in Guidelines Section
15300.2 apply. Section 15269 allows specific actions necessary to prevent or mitigate
an emergency; and
b) Adopt Resolution No. 2021-63, A Resolution of the City Council of the City of Newport
Beach, California, Proclaiming the Continued Existence of a Local Emergency Related
to the Infestation of Caulerpa Prolifera in Newport Harbor.
DISCUSSION:
Caulerpa prolifera is an invasive algae species that was recently discovered in Newport
Harbor in the Entrance Channel area. This species is native to Florida and other
subtropical and tropical areas and is the first positive identification of Caulerpa prolifera
on the west coast. It is closely related to Caulerpa taxifolia which was previously
discovered in Huntington Beach and Agua Hedionda Lagoon in northern San Diego
County in the early 2000s, which was declared eradicated by 2006.
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Resolution No. 2021-63: Emergency Declaration Continued —
Caulerpa Prolifera in Newport Harbor
July 13, 2021
Page 2
Any species of Caulerpa that is allowed to establish and spread within coastal areas may
adversely impact local fisheries and disrupt seagrass and other native species.
The Southern California Caulerpa Action Team, a group comprised of state and federal
regulatory and resource agencies, as well as the City of Newport Beach (City), is in the
final planning stages to remove the algae in July. Continuing the Emergency Proclamation
another 60 days will ensure the emergency status remains open per Government Code
8630. Barring any unforeseen circumstances, the City is not anticipating renewing the
Emergency Proclamation a second time.
FISCAL IMPACT:
Although the state will be funding the eradication
both in the short and long term, the City will be
staff time and likely anticipated ancillary costs,
adopted budget.
ENVIRONMENTAL REVIEW:
efforts and follow up surveys required
collaboratively assisting with significant
which will be funded within the current
The proposed action is exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an
emergency) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it does not have the potential for causing a significant effect on the
environment, and none of the exceptions listed in Guidelines Section 15300.2 apply.
Section 15269 allows specific actions necessary to prevent or mitigate an emergency.
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. 2021-63
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ATTACHMENT A
RESOLUTION NO. 2021-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE
CONTINUED EXISTENCE OF A LOCAL EMERGENCY
RELATED TO THE INFESTATION OF CAULERPA
PROLIFERA IN NEWPORT HARBOR
WHEREAS, Newport Beach Municipal Code Section 2.20.060(A) empowers the
Director of Emergency Services to request the City Council proclaim the existence or
threatened existence of a local emergency when the City of Newport Beach ("City") is
affected or likely to be affected by a public calamity;
WHEREAS, Government Code section 8630 provides that a local emergency may
be declared by the governing body of a city and further provides that the governing body
shall review the need for continuing the local emergency at least once every 60 days until
the governing body terminates the local emergency;
WHEREAS, on May 25, 2021, the City Council adopted Resolution No. 2021-45
proclaiming the infestation in Newport Harbor of Caulerpa prollfera, a highly invasive
algae, to be a local emergency;
WHEREAS, there is still the need to remove and eradicate the Caulerpa prollfera
from Newport Harbor; and
WHEREAS, the City Council has reviewed the need for continuing the local
emergency in light of the continued Caulerpa prollfera infestation in Newport Harbor.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The proclamation of the existence of a local emergency declared by
the City Council on May 25, 2021, is hereby continued for 60 days, unless terminated
prior to that date by the City Council.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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Resolution No. 2021 -
Page 2 of 2
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.
Section 4: The City Council finds and determines that this action is exempt from
the California Environmental Quality Act ("CEQA") pursuant to Section 15269(c) (the
activity is necessary to prevent or mitigate an emergency) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, and because this action
does not have the potential for causing a significant effect on the environment.
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 13th day of July, 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C'
Aaron C. Harp
City Attorney
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