HomeMy WebLinkAbout2021-45 - Proclaiming the Existence of a Local Emergency Related to the Infestation of Caulerpa Prolifera in Newport HarborRESOLUTION NO. 2021-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE
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, on April 20, 2021, the City became aware of an infestation in Newport
Harbor of Caulerpa prolifera, a highly invasive algae that is a serious threat to the
underwater biological community of Newport Harbor because of the algae's fast-growing
nature and ability to overtake native species;
WHEREAS, the area of the known infestation is approximately three acres in
China Cove located near the Entrance Channel to Newport Harbor;
WHEREAS, areas adjacent to China Cove are currently being surveyed for
Caulerpa prolifera to determine whether the area of infestation is limited to China Cove;
WHEREAS, Caulerpa prolifera is not harmful to humans but it poses a threat to
the ecosystem and water quality in Newport Bay, thereby necessitating immediate action
to eradicate it;
WHEREAS, eradication of the Caulerpa prolifera infestation may require upland
disposal and discharge of filtered ocean water to Newport Harbor, after dewatering of the
solids, necessitating emergency waivers from the Santa Ana Regional Water Quality
Control Board, California Coastal Commission, and the Orange County Health Care
Agency, Environmental Health Division;
WHEREAS, the City Council has been requested by the Director of Emergency
Services to proclaim the existence of a local emergency;
WHEREAS, Government Code section 8630 provides that a local emergency may
be declared by the governing body of a city;
WHEREAS, the declaration of an emergency will enable the State Water
Resources Control Board and the California Department of Fish and Wildlife to access
funds necessary for the eradication of the Caulerpa prolifera; and
Resolution No. 2021-45
Page 2 of 3
WHEREAS, the City Council does hereby find that the aforementioned conditions
necessitate the proclamation of the existence of a local emergency.
NOW, THEREFORE, BE IT PROCLAIMED that a local emergency now exists
within Newport Harbor in the City of Newport Beach; the Caulerpa prolifera infestation in
China Cove is detrimental to the health and welfare of plant and animal life in Newport
Harbor; and immediate efforts are necessary to eradicate the Caulerpa prolifera.
Pursuant to the aforesaid proclamation, the City Council hereby resolves as follows:
Section 1: The Director of Emergency Services is hereby authorized to order,
undertake, an/or direct such other actions, measures and steps as may be necessary or
appropriate to respond to the local emergency, including requesting mutual aid and
entering into agreements.
Section 2: The local emergency shall be deemed to continue to exist throughout
Newport Harbor until the local emergency is terminated by proclamation of the City
Council. The City Council shall review the need for continuing the local emergency at
least once every 60 days and will terminate the local emergency at the earliest possible
date that conditions warrant.
Section 3: A copy of this emergency proclamation shall be forwarded to the
Director of California Governor's Office of Emergency Services requesting that the
Director find it acceptable in accordance with state law; that the Governor of California,
pursuant to the Emergency Services Act, issue a proclamation declaring an emergency
in the City of Newport Beach; that the Governor waive regulations that may hinder
response and recovery efforts; that recovery assistance be made available under the
California Disaster Assistance Act; and that the state expedite access to state and federal
resources and any other appropriate federal disaster relief programs.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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.
Resolution No. 2021-45
Page 3 of 3
Section 6: 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, 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.
Section 7: 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 25th day of May, 2021
ATTEST:
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Leilani I. Brown
City Clerk V
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
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. 2021-45 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 251h day of May, 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 2611 day of May, 2021.
Adoi
I Q04,
Leilani I. Brown
City Clerk
Newport Beach, California