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Home My WebLink About08 - Emergency Declaration — Caulerpa prolifera in Newport HarborQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 25, 2021 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Chris Miller, Public Works Administrative Manager, cmiller@newportbeachca.gov PHONE: 949-644-3043 TITLE: Resolution No. 2021-45: Emergency Declaration — Caulerpa prolifera in Newport Harbor ABSTRACT: In March 2021, a patch of an invasive algae, Caulerpa prolifera, was discovered in Newport Harbor in the Entrance Channel area. This algae is not harmful to humans, but is a serious threat to the underwater biological community primarily because it is fast growing and rapidly overtakes all other native species. Various state and federal agencies, along with City of Newport Beach (City) staff, have been coordinating and planning for an eradication response. On behalf and at the request of the State of California (State) to secure funding, whether through the State Water Resources Control Board's Cleanup and Abatement Account, or other State funding sources, the City must declare that this invasive algae is a local emergency and is detrimental to the health and welfare of the underwater biological community in Newport Harbor. RECOMMENDATION: a) The proposed 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; and b) Adopt Resolution 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. 8-1 Resolution No. 2021-45: Emergency Declaration — Caulerpa prolifera in Newport Harbor May 25, 2021 Page 2 DISCUSSION: Caulerpa prolifera is an invasive algae species that was recently discovered in Newport Harbor in the Entrance Channel area. This species is native to Florida and other subtropical and tropical areas and is the first positive identification of Caulerpa prolifera on the west coast. It is closely related to Caulerpa taxifolia which was previously discovered in Huntington Beach and Agua Hedionda Lagoon in northern San Diego County in the early 2000s, and which was declared eradicated by 2006. Any species of Caulerpa that is allowed to establish and spread within coastal areas may adversely impact local fisheries and disrupt seagrass and other native species. Many state agencies including the California Department of Fish and Wildlife, the Regional Water Quality Control Board, State Lands Commission and the County of Orange, as well as local biologists, have been collaborating responses to survey the extent of the infestation, and to develop an eradication plan. In addition, the Army Corps of Engineers has been involved because, coincidentally, the first phase of the Lower Harbor dredging has been concurrently working in the harbor, and that dredger had to be redirected away from the infestation. Funding for the eradication, along with the immediate and long-term surveys, will be provided by the state agencies including the California Department of Fish and Wildlife and the State Water Resources Control Board. On behalf of the State, the City has been requested to declare this infestation of Caulerpa an emergency in order to trigger the use of various State funds including the Cleanup and Abatement Account Funding Program. FISCAL IMPACT: Although the State will be funding the eradication efforts and follow up surveys required both in the short and long term, the City will be collaboratively assisting with significant staff time and likely anticipated ancillary costs, which will be funded within the current adopted budget. ENVIRONMENTAL REVIEW: The proposed 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. 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. 2021-45 8-2 ATTACHMENT A RESOLUTION 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 %l3 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. Brad Avery Mayor I_'%i9*iii Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 8-5