HomeMy WebLinkAbout11 - Supporting the Stopping Hazardous Incidents in the Pacific Act of 2021Q �EwPpRT
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<,FORN'P City Council Staff Report
November 16, 2021
Agenda Item No. 11
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. 2021-115: Supporting the Stopping Hazardous
Incidents in the Pacific Act of 2021
ABSTRACT:
At its October 26, 2021, the Newport Beach City Council unanimously voted, via a straw
poll, in favor of staff bringing forward a resolution for the Council's consideration in support
of H.R. 5573, the Stopping Hazardous Incidents in the Pacific Act of 2021 (SHIP Act).
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. 2021-115, A Resolution of the City Council of the City of Newport
Beach, California, Supporting the Stopping Hazardous Incidents in the Pacific Act of
2021 ("SHIP Act').
DISCUSSION:
On October 12, 2021, Rep. Michelle Steel introduced H.R. 5573, known as the SHIP Act
(Attachment B), to prohibit cargo ships from idling or anchoring in the waters off the coast
of Southern California. Rep. Steel authored the legislation in response to the oil spill that
occurred off of the northern Orange County coastline in early October of this year. The
spill may have occurred due to an anchor or chain of a vessel hitting the pipeline and
dragging it along the ocean floor.
The SHIP Act would ban cargo vessels from idling or anchoring 24 nautical miles off the
Orange County coast. The ban would take effect immediately for up to 180 days, or until
the President declares the backlog in the ports is over.
Resolution No. 2021-115: Supporting the Stopping Hazardous Incidents in the Pacific
Act of 2021
November 16, 2021
Page 2
At the October 26, 2021 City Council meeting, at the request of Council Members Diane
Dixon and Will O'Neill, the Council considered placing an item on a future agenda that if
adopted, would express its support for the SHIP Act. The Council unanimously voted, via
a straw poll, in favor of staff bringing forward such an item for its consideration. Therefore,
staff recommends adoption of Resolution No. 2021-115.
FISCAL IMPACT:
There is no fiscal impact related to this item.
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. 2021-115
Attachment B — H.R. 5573, the Stopping Hazardous Incidents in the Pacific Act of 2021
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ATTACHMENT A
RESOLUTION NO. 2021-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SUPPORTING
THE STOPPING HAZARDOUS INCIDENTS IN THE
PACIFIC ACT OF 2021 ("SHIP ACT")
WHEREAS, the oil spill that occurred on or about October 2, 2021 off the Southern
California coast resulted in the closure of Newport Harbor, reduced tourism, and other
impacts, causing financial losses for community members, businesses, and the City of
Newport Beach ("City");
WHEREAS, the oil spill was possibly caused by a ship's anchor rupturing the
pipeline of an offshore rig;
WHEREAS, numerous cargo vessels have been idle and anchored off the coast
of Orange and Los Angeles Counties due to the backlog at the Ports of Long Beach and
Los Angeles; and
WHEREAS, Representative Michelle Steel introduced H.R. 5573, Stopping
Hazardous Incidents in the Pacific Act of 2021 ("SHIP Act"), to prohibit cargo vessels from
idling or anchoring in the coastal waters of Southern California.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby support the SHIP Act to prohibit cargo
vessels from idling or anchoring in the coastal waters of Southern California.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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.
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Resolution No. 2021 -
Page 2 of 2
Section 4: The City Council finds the adoption of this resolution 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
Aaron C. Harp
City Attorney
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ATTACHMENT B
I
117TH CONGRESS Ho
�
1ST SESSION 5573
To prohibit cargo vessels from idling or anchoring in the coastal waters
of Southern California, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 2021
Mrs. STEEL introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To prohibit cargo vessels from idling or anchoring in the
coastal waters of Southern California, and for other pur-
poses.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Stopping Hazardous
5 Incidents in the Pacific Act of 2021" or the "SHIP Act".
C SEC. 2. IDLING OF CARGO VESSELS.
7 (a) IN GENERAL.—No covered vessel operating in the
8 coastal waters of Southern California may idle or anchor
9 in such waters during the period beginning on the date
10 of enactment of this Act and ending on -
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(1) the date that is 180 days after such date
of enactment; or
(2) the date on which the President determines
there is no longer a backlog of vessels at the Port
of Los Angeles and the Port of Long Beach.
(b) DEFINITIONS.—In this Act:
(1) COASTAL WATERS OF SOUTHERN CALI-
FORNIA.—The term "coastal waters of Southern
California" means the waters of the contiguous zone
(as such term is defined in section 2.28 of title 33,
Code of Federal Regulations) of the Pacific Coast in
an area generally extending from latitude 34°27'N.
to 33°45'N.
(2) COVERED VESSEL.—The term "covered ves-
sel" means a vessel transporting cargo and does not
include a vessel that is owned or operated by the
armed forces (as such term is defined in section 101
of title 10, United States Code).
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.HR 5573 IH
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