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HomeMy WebLinkAbout17 - Review of Proclamation of Local Emergency, Resolution No. 2025-75Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report December 9, 2025 Agenda Item No. 17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager - 949-644-3001, sjurjis@newportbeachca.gov PREPARED BY: Mark Vukojevic, Utilities Director - 949-644-3011, mvukojevic@newportbeachca.gov TITLE: Review of Proclamation of Local Emergency, Resolution No. 2025- 75 ABSTRACT: A local emergency was declared on October 22, 2025, following the detection of methane seepage and oil intrusion at 3606 Marcus Avenue on the Balboa Peninsula, believed to be related to a historic orphan oil well beneath 3606 and/or 3602 Marcus Avenue. The City Council ratified the Proclamation of Local Emergency on October 28, 2025, by adopting Resolution No. 2025-75 (Attachment A). In coordination with the California Geologic Energy Management Division (CaIGEM), which has obtained emergency funding and approvals, the City of Newport Beach (City) is supporting an expedited effort to drill an intercept well at Marcus Avenue and 36th Street and re -plug the orphan well approximately 800 feet below ground surface. Although the City does not own the well, staff from Police, Fire, Public Works and Utilities Departments are actively coordinating with CaIGEM and its contractor to address immediate public safety and environmental risks. Mobilization, 24-hour drilling operations, and demobilization are expected to occur through December, resulting in temporary neighborhood impacts including loss of on - street parking, restricted access, and continuous construction related noise. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15269(c), 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) Review the continued need for the local emergency as required by Newport Beach Municipal Code Section 2.20.065 and, if emergency conditions remain, receive and file the report. DISCUSSION: On October 22, 2025, a local emergency was declared after methane seepage was detected at a residence located at 3606 Marcus Avenue on the Balboa Peninsula, believed to be caused by oil intrusion from an abandoned private oil well beneath the Review of Proclamation of Local Emergency, Resolution No. 2025-75 December 9, 2025 Page 2 home. On October 28, 2025, the City Council ratified the Proclamation of Local Emergency by adopting Resolution No. 2025-75. City staff and State representatives believe that a historic oil well located under 3606 and/or 3602 Marcus Avenue may be leaking. The well was plugged in 1929 in accordance with the standards of that era and has no known responsible owner and is therefore considered an "orphan" oil well. Staff have secured an emergency response from CaIGEM, which has regulatory oversight of all oil and natural gas wells in the State and administers several programs, including an orphan well abandonment program. Due to the active leakage and the associated threat to public safety and the environment, CaIGEM has responded and obtained funding and approvals to attempt to re -plug the orphan well. The City does not own the well and responsibility for the well rests with the private property owners; however, in the interest of public health and safety, the City has taken an active role in coordinating and expediting the response. City staff from the Police, Fire, Public Works and Utilities Departments have been working closely with CaIGEM to expedite the emergency re -plugging activities. CaIGEM has engaged an emergency oil drilling contractor. Work is planned to begin on Monday, November 24, with full mobilization anticipated by December 1, at which point operations will transition to a 24-hour schedule. The plan is to drill an intercept well from the intersection of Marcus Avenue and 36th Street to locate and intersect the orphan well several hundred feet below ground surface. From there, the contractor will re -plug the well, approximately 800 feet deep. Staff and technical experts believe that re -capping the orphan well at its source will stop the above -ground oil and gas intrusion; however, due to subsurface uncertainties, this outcome cannot be guaranteed. The overall timeline for mobilization, drilling, re -capping and demobilization is expected to extend through the month of December. Staff has been proactively informing nearby residents about the emergency oil well repair activities and associated impacts. The work will require removal of on -street parking, limited or no access to some garages, restricted pedestrian access, and continuous construction and equipment noise on a 24-hour basis. Continuous drilling is considered best practice for this type of operation, as daily start - and -stop cycles can increase technical risk and extend the duration of work. Staff recognize that these emergency repairs will be disruptive, particularly given the nighttime noise that may carry several blocks, and will continue to coordinate with the contractor to minimize impacts where feasible while completing the work as quickly and safely as possible. FISCAL IMPACT: The adopted budget includes sufficient funding for the City to expend staff, material, and contractor resources to facilitate the emergency construction. This will be a small portion of the overall expenditure and will be funded from various operational and emergency accounts within the Utilities, Public Works, Police and Fire Department accounts. The State is preparing to spend a few million dollars on this emergency with their planning and construction efforts. In the event the project or the emergency exceeds annual budget appropriations, a budget amendment would be brought to City Council. Review of Proclamation of Local Emergency, Resolution No. 2025-75 December 9, 2025 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from 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, Chapter 3, because it has no potential to have a significant effect on the environment. 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. 2025-75 ATTACHMENT A RESOLUTION NO. 2025-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RATIFYING IN ITS ENTIRETY THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES ON OCTOBER 22, 2025, AND DECLARING THAT THE LOCAL EMERGENCY SHALL REMAIN IN EFFECT UNTIL THE EMERGENCY IS TERMINATED BY THE CITY COUNCIL 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 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(A) of the Newport Beach Municipal Code empowers the Director of Emergency Services to proclaim the existence of a local emergency when conditions of disaster or extreme peril to the safety of persons or property exist within the City of Newport Beach, and the City Council is not in session, provided that such proclamation shall be ratified by the City Council at the earliest practicable time, but in no event later than seven (7) days after issuance, or it shall have no further force or effect; WHEREAS, Section 2.20.060(C)-(E) of the Newport Beach Municipal Code further authorizes the Director of Emergency Services to control and direct the City's emergency organization, coordinate interagency response, and represent the City in dealings with public or private agencies during emergencies; WHEREAS, on October 22, 2025, the Director of Emergency Services of the City of Newport Beach proclaimed the existence of a local emergency due to the seepage of methane gas and oil intrusion into a residential structure located at 3606 Marcus Avenue, reportedly originating from an abandoned or old oil well, which created conditions of extreme peril to the safety of persons and property; City of Newport Bearm Resolution No. 2025-75 Page 2 of 4 WHEREAS, the Director of Emergency Services determined that these conditions required the evacuation of affected and nearby properties, the restriction of access to the impacted area, and the mobilization of emergency personnel and resources to mitigate the danger and protect the public health and safety; WHEREAS, pursuant to Section 2.20.070 of the Newport Beach Municipal Code, all rules, orders, and regulations issued under the authority of the Director of Emergency Services must: (1) be in writing; (2) receive widespread publicity and notice; and (3) be ratified and confirmed by the City Council within seven (7) days of issuance, or they shall have no further effect; WHEREAS, the Director of Emergency Services has submitted to the City Council the written Proclamation of the Existence of a Local Emergency, attached hereto as Exhibit 1, all associated emergency orders and regulations, and a report describing the facts and circumstances necessitating the emergency proclamation in accordance with Section 2.20.070(B) of the Newport Beach Municipal Code; WHEREAS, the City Council has reviewed the proclamation, the accompanying report, and the Director of Emergency Service's findings, and hereby determines that the conditions described therein were a threat to the public health, safety, and welfare, and that the proclamation and emergency was issued under the authority of the Newport Beach Municipal Code and the California Emergency Services Act; WHEREAS, the City Council has reviewed the emergency rules, regulations and orders set forth in the proclamation and hereby determines that the rules, regulations and orders were necessary to address the threat to the public health, safety, and welfare at the time said rules, regulations and orders were issued, - WHEREAS, the City of Newport Beach Fire and Utilities Departments, in coordination with the Orange County Health Care Agency, undertook mitigation measures to safely vent accumulated methane gas; and WHEREAS, he City Council hereby determines that there is still a threat to the public health, welfare, and safety that will continue until a permanent solution resolving the accumulation and venting of methane gas and seeping oil is designed, implemented, and verified as effective by the appropriate regulatory agencies. ('-,itv of Newport Beach Resolution No. 2025-75 Page 3 of 4 NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby ratifies and confirms the Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on October 22, 2025, attached hereto as Exhibit 1 and incorporated herein by this reference, pursuant to Section 2.20.060(A) of the Newport Beach Municipal Code ("Proclamation of Emergency"). The City Council further adopts and affirms all findings and determinations set forth in the Proclamation of Emergency and declares that the Proclamation of Emergency shall remain in full force and effect until such time as the City Council proclaims that the local emergency has been terminated in accordance with applicable law. Section 2: The City Council hereby ratifies and confirms all written emergency rules, regulations, and orders issued by the Director of Emergency Services pursuant to Section 2.20.070 of the Newport Beach Municipal Code, as set forth in the Proclamation of Emergency. The City Council hereby rescinds the rules, regulations and orders 1 through 7, set forth in the Proclamation of Emergency, which shall no longer be in effect upon the adoption of this resolution. Section 3. The City Council affirms that the City's Emergency Operations Plan, adopted pursuant to Section 2.20.050 of the Newport Beach Municipal Code, is in full force and effect, and authorizes all City departments and the City's Emergency Organization to continue implementing and enforcing its provisions to protect life and property and mitigate the emergency conditions. Section 4: The City Council shall review the need for continuing the local emergency at least once every sixty (60) days, in accordance with Section 2.20.065 of the Newport Beach Municipal Code and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. Section 5: 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 Newport Beach Municipal Code, in furtherance of the Proclamation of Local Emergency including applying for federal and state assistance. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. ';itv of NeW port Bear Resolution No. 2025-75 Page 4 of 4 Section 7: 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 8: 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. Section 9: 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 28th day of October, 2025. Jo Stap eton IVIa or ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: C1 ATTORNEY'S O CE C . Aar n C. Harp Exhibit 1 - Proclamation of the Existence of a Local Emergency issued by the Director of Emergency ServicesS"61.202Eb- R EXHIBIT 1 City of Newport Beach PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF NEWPORT BEACH OCTOBER 22, 2025 WHEREAS, Section 2.20.060 of the Newport Beach Municipal Code empowers the Director of Emergency Services of the City of Newport Bach to proclaim the existence of a local emergency due to the existence of conditions of disaster or extreme peril to the safety of persons or property within the City of Newport Beach, if the City Council is not in session; and WHEREAS, the Emergency Services Director of the City of Newport Beach does hereby find that: 1. A hazardous condition has arisen at 3606 Marcus Avenue, Newport Beach, California 92663, involving the seepage of methane gas and oil intrusion into a residential structure, reportedly originating from an abandoned or old oil well; 2. The presence of oil and methane gas poses an immediate threat to the health, safety, and welfare of residents and the surrounding community, necessitating urgent protective measures; 3. In the interest of public safety, the evacuation of the affected residence and neighboring properties is required until the hazard can be assessed and mitigated; 4. Access to the affected area must be strictly controlled to prevent injury or interference with emergency response operations; 5. Such conditions of disaster or extreme peril are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Newport Beach and require or are likely to require the combined forces of other political subdivisions and other agencies to combat; and 6. That the City Council of the City of Newport Beach is not in session. NOW, THEREFORE, BE IT PROCLAIMED that a local emergency now exists within the City of Newport Beach. PURSUANT TO THE AFORESAID PROCLAMATION, THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF NEWPORT BEACH HEREBY PROMULGATES AND ISSUES THE FOLLOWING ORDERS AND REGULATIONS: 1. All residents and the general public shall evacuate and remain clear of the affected area, which includes the properties located at 3610, 3608, 3602, 3600 and 3600 '/2 Marcus Avenue; 312 The Rialto; and 313 36th Street, Newport Beach, California, as well as the City of Newport Beach PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF NEWPORT BEACH OCTOBER 22, 2025 portions of the adjacent streets as depicted in Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the "Emergency Zone"). 2. No person shall enter, be within, or remain within, any building or area within the designated Emergency Zone after receiving a written or oral order to either not enter or to leave such building or area from a peace officer. 3. No person shall enter the designated Emergency Zone unless authorized by the Director of Emergency Services, the Utilities Director, the Fire Chief, or the Police Chief. 4. All vehicles, except emergency response and authorized personnel vehicles, are prohibited from entering or parking on public streets within the Emergency Zone. 5. The provisions of Order Nos. 1 through 4 above shall not apply to any City of Newport Beach employee or contractor, as well as any police, fire, or emergency services personnel, while such person is engaged in providing police, fire, or other emergency services. 6. A violation of any of the above emergency orders and regulations shall be a misdemeanor punishable pursuant to Section 2.20.100 of the Newport Beach Municipal Code. 7. All peace officers are hereby authorized to enforce the above emergency orders and regulations and to arrest any person who does not obey said orders and regulations. 8. The City Attorney is authorized to seek a court order enjoining any responsible person from maintaining the public nuisance. 9. If the Director of Emergency Services determines that mitigation measures or summary abatement are necessary, City personnel/contractors and emergency personnel shall be authorized to take action to mitigate or summarily abate the public nuisance at the expense of the persons creating, causing, committing, or maintaining the public nuisance. This proclamation is in effect beginning at 6:00 p.m. on October 22, 2025, and shall continue in full force and effect until rescinded or amended, or until the local emergency is proclaimed terminated. Dated: October 22, 2025 Grace Leung, Director of Emergency Services City of Newport Beach EXHIBITA City of Newport Beach Qa �9 �Y. 7, -, �$ Now �j ort ° j O Island Park -0? OS Vol VO Q c 570 � 07 �P 060 6Q 00 O "§ 3714--- 0 -SLlip 'PO �'b00o OD �01 \L o$�9'00 s pQ 1<0 38th � �(ti 3 '3 L"llk ° cOQ g �s I" p0 Street q off. 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