HomeMy WebLinkAbout2021-76 - Proclaiming the Termination of the Local Emergency Declared on May 25, 2021 Related to the Infestation of Caluerpa Prolifera in Newport Harbor.RESOLUTION NO. 2021-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE
TERMINATION OF THE LOCAL EMERGENCY DECLARED
ON MAY 25, 2021 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 a local emergency in Newport Harbor due to an infestation by Caulerpa
prolifera, a highly invasive algae, in the China Cove area;
WHEREAS, the City Council subsequently reviewed and continued the declaration
of the local emergency on July 13, 2021;
WHEREAS, the invasive algae has been removed, but a determination that the
infestation has been eradicated requires post-removal surveys for the next two years to
monitor the area; and
WHEREAS, the post-removal surveys do not warrant continuing the declaration of
a local emergency.
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 that was
declared on May 25, 2021 by Resolution No. 2021-45 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. 2021-76
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 24th day of August, 2021.
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ATTEST:
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. 2021-76 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 241h day of August, 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 251h day of August, 2021.
i
Leilani I. 4Brownk
City Clerk
Newport Beach, California
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