HomeMy WebLinkAbout2021-107 - Proclaiming the Termination of the Local Emergency Declared on October 5, 2021 and Ratified on October 12, 2021 Related to the Oil Spill in the Pacific OceanRESOLUTION NO. 2021-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE
TERMINATION OF THE LOCAL EMERGENCY DECLARED
ON OCTOBER 5, 2021 AND RATIFIED ON OCTOBER 12,
2021 RELATED TO THE OIL SPILL IN THE PACIFIC
OCEAN
WHEREAS, Section 8630 of the Government Code and Section 2.20.060 of the
Newport Beach Municipal Code empowers City Manager Grace Leung, the Director of
Emergency Services of the City of Newport Beach, to proclaim the existence or
threatened existence of a local emergency when the City of Newport Beach is affected or
likely to be affected by a public calamity and the City Council is not in session;
WHEREAS, on October 5, 2021, in response to an oil spill that occurred on or
about October 2, 2021, off the coast of Huntington Beach, City Manager Grace Leung,
the Director of Emergency Services of the City of Newport Beach, issued a Proclamation
of Local Emergency ("Proclamation");
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 2021-
99 ratifying the Proclamation; and
WHEREAS, the oil spill no longer poses a threat to the City's environment, marine
life, or economic activity.
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
proclaimed by the City Manager on October 5, 2021 and ratified by the City Council on
October 12, 2021 by Resolution No. 2021-99 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.
Resolution No. 2021-107
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 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 16th day of November, 2
ATTEST:
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Leilani I. Brown' U711
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City Clerk
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APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
7 .." c /
Aardn C. Harp
City Attorney
Mayor
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; the foregoing resolution, being Resolution
No. 2021-107 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 161h day of November, 2021; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 171h day of November, 2021.
Leilani .Brown
City Clerk
Newport Beach, California