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Home My WebLink About03 - Proclaiming a Local Emergency Due to the Ongoing Winter Storms and Related Storm DamageQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report March 28, 2023 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Joe Cartwright, Chief of Police - 949-644-3701, jartwright@nbpd.org PREPARED BY: Katie Eing, Emergency Services Coordinator, keing@nbpd.org PHONE: 949-644-3670 TITLE: Resolution No. 2023-16: Proclaiming a Local Emergency Due to the Ongoing Winter Storms and Related Storm Damage /_1 16*1 d:7_T" IF Newport Beach has been impacted by an onslaught of winter storms with little respite in-between. From December 2022 through the present, the community has experienced high surf, coastal flooding, and land saturation. In response to these winter storms, the City of Newport Beach (City) has mobilized resources to evacuate and provide support to residents. More storms are expected in the coming weeks and staff is recommending that the City Council proclaim a local emergency in accordance with Chapter 2.20 (Emergency Services) of the Newport Beach Municipal Code, which will allow the City to continue to provide support to residents and apply for state and federal financial assistance. RECOMMENDATIONS: a) Determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15269(c) (the activity is necessary to prevent or mitigate an emergency), 15060(c)(2) (the activity will not result in a direct or reasonable 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; and b) Adopt Resolution No. 2023-16, A Resolution of the City Council of the City of Newport Beach, California, Proclaiming a Local Emergency Due to the Ongoing Winter Storms and Related Storm Damage. DISCUSSION: The State of California (State) is experiencing record winter storms. As a result, Governor Newsom has declared a State of Emergency in over forty counties to provide necessary resources to protect persons and property. In addition, on March 14, 2023, the Orange County Board of Supervisors Proclaimed a Local Emergency on behalf of many jurisdictions within Orange County, including Newport Beach. That same day, Governor Newsom added Orange County to the existing Proclaimed State Emergency and the State is currently working with the Federal Emergency Management Agency to add Orange County to the Presidential Emergency Declaration. 3-1 Resolution No. 2023-16: Proclaiming a Local Emergency Due to the Ongoing Winter Storms and Related Storm Damage March 28, 2023 Page 2 Similar to other jurisdictions throughout the State, Newport Beach has been impacted by the 2022-23 winter storms and the community has experienced high surf, coastal flooding, and land saturation. Newport Beach typically receives an average of 9.43 inches of rain annually, but it has received over 13.37 inches of rain since December 2022. In response to these winter storms, the City has mobilized significant resources to evacuate and provide support to residents including assisting residents on Galaxy Drive after a landslide occurred on March 3, 2023. More storms are expected in the coming weeks that may require additional resources. Chapter 2.20 (Emergency Services) of the Newport Beach Municipal Code provides for the preparation and implementation of plans to provide services within Newport Beach in the event of an emergency. Staff recommends that the City Council adopt Resolution No. 2023-16, proclaiming a local emergency, which will allow the City to continue to support residents and apply for federal and state financial assistance. FISCAL IMPACT: It is not known at this time what the final cost of repairing the damage caused by the storms will be, nor is it known what funding will be available from the state and/or federal governments. However, adoption of this resolution will preserve the City's ability to seek reimbursement if funding becomes available. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15269(c) (the activity is necessary to prevent or mitigate an emergency), 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: Attachment A — Resolution No. 2023-16 3-2 ATTACHMENT A RESOLUTION NO. 2023-16 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY DUE TO THE ONGOING WINTER STORMS AND RELATED STORM DAMAGE WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Chapter 2.20 (Emergency Services) of the Newport Beach Municipal Code ("NBMC") provides for the preparation and implementation of plans to provide services within Newport Beach in the event of an emergency, to empower certain City officials to promulgate orders and regulations necessary to provide for the protection of life and property or to preserve public order and safety, and to provide for the coordination of the emergency service functions of the City with all other public agencies and affected private persons, corporations, and organizations; WHEREAS, Section 2.20.060 of the NBMC empowers the City Manager as Director of Emergency Services of the City of Newport Beach, to request the City Council proclaim the existence or threatened existence of a local emergency ("Proclamation of Local Emergency"); WHEREAS, on March 1, 2023, March 8, 2023, and March 12, 2023, Governor Gavin Newsom proclaimed a state of emergency in 40 counties because of ongoing storms impacting the counties identified in the proclamations ("State of Emergency"), - WHEREAS, on March 10, 2023, a Presidential Emergency Declaration was issued to provide federal resources to meet the State of California's critical emergency protection requirements ("Federal Emergency"); WHEREAS, on March 14, 2023, Governor Newsom extended the State of Emergency to four additional counties including Orange County; WHEREAS, on March 15, 2023, the Orange County Board of Supervisors declared a state of emergency as a result of the storms and resulting threats to persons and property in various jurisdictions including Newport Beach; 3-3 Resolution No. 2023- Page 2 of 3 WHEREAS, since December 2022, Newport Beach has received 13.37 inches of rainfall, experienced high surf, coastal flooding, and land saturation; WHEREAS, on March 3, 2023, the City mobilized significant resources to support residents on Galaxy Drive that experienced a landslide adjacent to their rear yard; WHEREAS, Newport Beach is expecting several more storms in the coming weeks that require additional resources to protect persons and property; and WHEREAS, the City Council does hereby find that the aforesaid conditions of extreme peril warrants and necessitates the Proclamation of Local Emergency. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby adopts this Proclamation of Local Emergency. Section 2: The City Manager, as the Director of Emergency Services of the City of Newport Beach, is authorized to take the actions delineated in Chapter 2.20 (Emergency Services) of the NBMC in furtherance of this Proclamation of Local Emergency including applying for federal and state assistance. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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 5: The City Council finds and determines that the introduction and adoption of this Proclamation of Local Emergency is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15269(c) (the activity is necessary to prevent or mitigate an emergency), 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. 3-4 Resolution No. 2023- Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. The proclamation of Local Emergency shall continue until terminated by the City Council. ADOPTED this 28th day of March, 2023. NOAH BLOM Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 3-5