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Home My WebLink About08 - Proclaiming the Termination of the Local Emergency Declared on May 25, 2021 Related to the Infestation of Caulerpa Prolifera in Newport HarborQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report August 24, 2021 Agenda Item No. 8 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. 2021-76, Proclaiming the Termination of the Local Emergency Declared on May 25, 2021 Related to the Infestation of 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. In July 2021, the Caulerpa prolifera was removed from the infected area. Resolution No. 2021-76, if adopted, would terminate the local emergency effective August 24, 2021. 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. 2021-76, A Resolution of the City Council of the City of Newport Beach, California, Proclaiming the Termination of the Local Emergency Declared on May 25, 2021 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, and which was declared eradicated by 2006. 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. 8-1 Resolution No. 2021-76, Proclaiming the Termination of the Local Emergency Declared on May 25, 2021 Related to the Infestation of Caulerpa Prolifera in Newport Harbor August 24, 2021 Page 2 The Southern California Caulerpa Action Team (SCCAT), a group comprised of state and federal regulatory and resource agencies, as well as the City of Newport Beach, developed a plan to remove the Caulerpa prolifera from the Entrance Channel area. The Regional Water Quality Control Board funded the removal activities which included suction -dredging the Caulerpa prolifera colony. It was successfully removed in July 2021 into a system of filtration tanks. The Caulerpa was then dried and disposed of appropriately. As with any infestation event, follow-up confirmatory surveys will be performed in the near-term future, then intermittently over the next two years before the Caulerpa prolifera may be deemed eradicated. In addition, surveys of adjacent areas both within and outside the harbor will be performed to ensure the algae hasn't spread any further than the initial infested area. Staff has prepared Resolution No. 2021-76, which, if adopted, would terminate the local emergency declared on May 25, 2021 and subsequently continued on July 13, 2021. FISCAL IMPACT: Although various state and federal regulatory and resource agencies are contributing funds for the initial removal efforts and subsequent follow up surveys in the near- and long-term future, the City of Newport Beach will be collaboratively assisting with significant staff time and likely anticipated ancillary costs which will be funded within the current adopted budget. ENVIRONMENTAL REVIEW: The proposed 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, Division 6, 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: rnw, m To ,To ni -mox— 7Rwono nevziame 8-2 ATTACHMENT A RESOLUTION NO. 2021-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY DECLARED ON MAY 25, 2021 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 a local emergency in Newport Harbor due to an infestation by Caulerpa prolitera, a highly invasive algae, in the China Cove area; WHEREAS, the City Council subsequently reviewed and continued the declaration of the local emergency on July 13, 2021; WHEREAS, the invasive algae has been removed, but a determination that the infestation has been eradicated requires post-removal surveys for the next two years to monitor the area; and WHEREAS, the post-removal surveys do not warrant continuing the declaration of a local emergency. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby proclaims that the local emergency that was declared on May 25, 2021 by Resolution No. 2021-45 is hereby terminated. 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 I3 Resolution No. 2021 - Page 2 of 2 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 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 24th day of August, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ., C Aar n C. Harp City Attorney