HomeMy WebLinkAbout2021-63 - Proclaiming the Continued Existence of a Local Emergency Related to the Infestation of Caulerpa Prolifera in Newport HarborRESOLUTION NO. 2021-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE
CONTINUED 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, 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 the infestation in Newport Harbor of Caulerpa prolifera, a highly invasive
algae, to be a local emergency;
WHEREAS, there is still the need to remove and eradicate the Caulerpa prolifera
from Newport Harbor; and
WHEREAS, the City Council has reviewed the need for continuing the local
emergency in light of the continued Caulerpa prolifera infestation in Newport Harbor.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The proclamation of the existence of a local emergency declared by
the City Council on May 25, 2021, is hereby continued for 60 days, unless terminated
prior to that date by the City Council.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2021-63
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 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, and because this action
does not have the potential for causing a significant effect on the environment.
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 13th day of July, 2021.
ATTEST:
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Leilani I. Brown
City Clerk o "
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. 2021-63 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 13th day of July, 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
Will O'Neill
NAYS: None
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 141h day of July, 2021.
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Leilani I. Brown
City Clerk
Newport Beach, California
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