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Home My WebLink About04 - Proclaiming the Termination of the Local Emergency Related to the Oil Spill in the Pacific OceanQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 16, 2021 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Tara Finnigan, Deputy City Manager, tfinnigan@newportbeachca.gov PHONE: 949-644-3035 TITLE: Resolution No. 2021-107: Proclaiming the Termination of the Local Emergency Declared on October 5, 2021 and Ratified on October 12, 2021 Related to the Oil Spill in the Pacific Ocean h\ 33 d:7±Tib 6 On October 12, 2021, the Newport Beach City Council adopted Resolution No. 2021 — 99, thus ratifying the proclamation of local emergency declared on October 5 by City Manager Grace Leung in response to the oil spill off the coast of Orange County. If adopted, Resolution No. 2021-107, would terminate the local emergency effective November 16, 2021. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 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) Adopt Resolution No. 2021-107, A Resolution of the City Council of the City of Newport Beach, California, Proclaiming the Termination of the Local Emergency Declared on October 5, 2021 and Ratified on October 12, 2021 Related to the Oil Spill in the Pacific Ocean. DISCUSSION: The City of Newport Beach (City) was notified on October 2, 2021 of an oil spill located approximately five miles off the coast of Huntington Beach. The spill created an oil slick that stretched for approximately 13 square miles off the Orange County coast. On Sunday, October 3, oil was observed onshore on City beaches, primarily between 52nd Street and the Santa Ana River. The City issued a public notice advising residents and visitors to avoid contact with ocean water and the oiled areas of the beach. 4-1 Resolution No. 2021-107: Proclaiming the Termination of the Local Emergency Declared on October 5, 2021 and Ratified on October 12, 2021 Related to the Oil Spill in the Pacific Ocean November 16, 2021 Page 2 On October 4, the U.S. Coast Guard implemented the closure of the Newport Harbor entrance channel and placed containment booms across the entrance to prevent oil from entering the harbor. Multi -agency teams, led by the Coast Guard, were mobilized to provide a Unified Command response to the cleanup and investigation of the spill. On October 5, 2021, City Manager Grace Leung, serving in her capacity as the City's director of emergency services, signed a Proclamation of Local Emergency (Proclamation). The City Council ratified the Proclamation on October 12, with the adoption of Resolution No. 2021- 99. The order is to remain in effect until terminated by proclamation of the City Council. In the weeks since the Proclamation was ratified, it was determined that approximately 24,696 gallons of oil spilled and impacted beaches in Orange and San Diego Counties. During the initial cleanup effort, more than 5,500 gallons of oil were recovered, over 13 barrels of tar balls were gathered, and nearly 475,000 pounds of oily sand and debris were collected. The Newport Harbor entrance reopened on October 8 after the Unified Command determined that the oil slick would not impact the harbor environment. Following water - quality tests results that showed the ocean water was safe for swimmers and surfers, City beaches were fully reopened on October 11. City lifeguards continue to closely monitor the beaches for tar ball sightings, which continue to decline. Local fisheries, however, remain closed as the California Department of Fish & Wildlife completes onshore and offshore sampling. City staff anticipates that the fisheries will be permitted to reopen during the month of November. With the initial cleanup phase now complete, the incident has shifted from emergency response to a recovery phase. Therefore, staff is recommending that the City Council terminate the proclamation of local emergency. Oil spill related activities have been downgraded to a level that City staff, particularly those from the Lifeguard Division and the Public Works Department, are able to manage them within the scope of their normal, day-to-day operations. The recovery phase of the incident will continue for months or perhaps years, as the City's beaches and harbor will continue to be monitored for evidence of oil, and the investigation into the cause of the spill will conclude. In addition, restoration projects in wildlife habitats may be implemented as they are deemed necessary. a FZOTAIIIIII I Lyi 17_Ti4 9 There is no immediate fiscal impact related to the adoption of Resolution No. 2021-107. However, the City has tracked its response -related costs and will seek reimbursement from the party deemed responsible for the oil spill and/or the State of California's oil spill recovery fund. Further, staff is still working to gather information from local businesses whose operations were impacted by the spill. 4-2 Resolution No. 2021-107: Proclaiming the Termination of the Local Emergency Declared on October 5, 2021 and Ratified on October 12, 2021 Related to the Oil Spill in the Pacific Ocean November 16, 2021 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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. 2021-107 4-3 ATTACHMENT A RESOLUTION NO. 2021-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY DECLARED ON OCTOBER 5, 2021 AND RATIFIED ON OCTOBER 12, 2021 RELATED TO THE OIL SPILL IN THE PACIFIC OCEAN WHEREAS, Section 8630 of the Government Code and Section 2.20.060 of the Newport Beach Municipal Code empowers City Manager Grace Leung, the Director of Emergency Services of the City of Newport Beach, to proclaim the existence or threatened existence of a local emergency when the City of Newport Beach is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, on October 5, 2021, in response to an oil spill that occurred on or about October 2, 2021, off the coast of Huntington Beach, City Manager Grace Leung, the Director of Emergency Services of the City of Newport Beach, issued a Proclamation of Local Emergency ("Proclamation"); WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 2021- 99 ratifying the Proclamation; and WHEREAS, the oil spill no longer poses a threat to the City's environment, marine life, or economic activity. 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 proclaimed by the City Manager on October 5, 2021 and ratified by the City Council on October 12, 2021 by Resolution No. 2021-99 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 - 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 16th day of November, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE aron C. Harp City Attorney 4-5