HomeMy WebLinkAbout03 - Proclaiming a Local Emergency Due to the Ongoing Winter Storms and Related Storm DamageQ SEW Pp�T
CITY OF
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c�<,FORN'P City Council Staff Report
March 28, 2023
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: Katie Eing, Emergency Services Coordinator, keing@nbpd.org
PHONE: 949-644-3670
TITLE: Resolution No. 2023-16: Proclaiming a Local Emergency Due to the
Ongoing Winter Storms and Related Storm Damage
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Newport Beach has been impacted by an onslaught of winter storms with little respite
in-between. From December 2022 through the present, the community has experienced
high surf, coastal flooding, and land saturation. In response to these winter storms, the
City of Newport Beach (City) has mobilized resources to evacuate and provide support to
residents. More storms are expected in the coming weeks and staff is recommending that
the City Council proclaim a local emergency in accordance with Chapter 2.20 (Emergency
Services) of the Newport Beach Municipal Code, which will allow the City to continue to
provide support to residents and apply for state and federal financial assistance.
RECOMMENDATIONS:
a) Determine this action is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15269(c) (the activity is necessary to prevent or mitigate
an emergency), 15060(c)(2) (the activity will not result in a direct or reasonable
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; and
b) Adopt Resolution No. 2023-16, A Resolution of the City Council of the City of Newport
Beach, California, Proclaiming a Local Emergency Due to the Ongoing Winter Storms
and Related Storm Damage.
DISCUSSION:
The State of California (State) is experiencing record winter storms. As a result, Governor
Newsom has declared a State of Emergency in over forty counties to provide necessary
resources to protect persons and property. In addition, on March 14, 2023, the Orange
County Board of Supervisors Proclaimed a Local Emergency on behalf of many
jurisdictions within Orange County, including Newport Beach. That same day, Governor
Newsom added Orange County to the existing Proclaimed State Emergency and the
State is currently working with the Federal Emergency Management Agency to add
Orange County to the Presidential Emergency Declaration.
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Resolution No. 2023-16: Proclaiming a Local Emergency
Due to the Ongoing Winter Storms and Related Storm Damage
March 28, 2023
Page 2
Similar to other jurisdictions throughout the State, Newport Beach has been impacted by
the 2022-23 winter storms and the community has experienced high surf, coastal flooding,
and land saturation. Newport Beach typically receives an average of 9.43 inches of rain
annually, but it has received over 13.37 inches of rain since December 2022.
In response to these winter storms, the City has mobilized significant resources to
evacuate and provide support to residents including assisting residents on Galaxy Drive
after a landslide occurred on March 3, 2023. More storms are expected in the coming
weeks that may require additional resources.
Chapter 2.20 (Emergency Services) of the Newport Beach Municipal Code provides for
the preparation and implementation of plans to provide services within Newport Beach in
the event of an emergency. Staff recommends that the City Council adopt Resolution
No. 2023-16, proclaiming a local emergency, which will allow the City to continue to
support residents and apply for federal and state financial assistance.
FISCAL IMPACT:
It is not known at this time what the final cost of repairing the damage caused by the
storms will be, nor is it known what funding will be available from the state and/or federal
governments. However, adoption of this resolution will preserve the City's ability to seek
reimbursement if funding becomes available.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15269(c) (the activity is
necessary to prevent or mitigate an emergency), 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.
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. 2023-16
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ATTACHMENT A
RESOLUTION NO. 2023-16
AN RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, PROCLAIMING A
LOCAL EMERGENCY DUE TO THE ONGOING WINTER
STORMS AND RELATED STORM DAMAGE
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Chapter 2.20 (Emergency Services) of the Newport Beach Municipal
Code ("NBMC") provides for the preparation and implementation of plans to provide
services within Newport Beach in the event of an emergency, to empower certain City
officials to promulgate orders and regulations necessary to provide for the protection of
life and property or to preserve public order and safety, and to provide for the coordination
of the emergency service functions of the City with all other public agencies and affected
private persons, corporations, and organizations;
WHEREAS, Section 2.20.060 of the NBMC empowers the City Manager as
Director of Emergency Services of the City of Newport Beach, to request the City Council
proclaim the existence or threatened existence of a local emergency ("Proclamation of
Local Emergency");
WHEREAS, on March 1, 2023, March 8, 2023, and March 12, 2023, Governor
Gavin Newsom proclaimed a state of emergency in 40 counties because of ongoing
storms impacting the counties identified in the proclamations ("State of Emergency"), -
WHEREAS, on March 10, 2023, a Presidential Emergency Declaration was
issued to provide federal resources to meet the State of California's critical emergency
protection requirements ("Federal Emergency");
WHEREAS, on March 14, 2023, Governor Newsom extended the State of
Emergency to four additional counties including Orange County;
WHEREAS, on March 15, 2023, the Orange County Board of Supervisors
declared a state of emergency as a result of the storms and resulting threats to persons
and property in various jurisdictions including Newport Beach;
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Resolution No. 2023-
Page 2 of 3
WHEREAS, since December 2022, Newport Beach has received 13.37 inches of
rainfall, experienced high surf, coastal flooding, and land saturation;
WHEREAS, on March 3, 2023, the City mobilized significant resources to support
residents on Galaxy Drive that experienced a landslide adjacent to their rear yard;
WHEREAS, Newport Beach is expecting several more storms in the coming
weeks that require additional resources to protect persons and property; and
WHEREAS, the City Council does hereby find that the aforesaid conditions of
extreme peril warrants and necessitates the Proclamation of Local Emergency.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby adopts this Proclamation of Local
Emergency.
Section 2: The City Manager, as the Director of Emergency Services of the City
of Newport Beach, is authorized to take the actions delineated in Chapter 2.20
(Emergency Services) of the NBMC in furtherance of this Proclamation of Local
Emergency including applying for federal and state assistance.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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 5: The City Council finds and determines that the introduction and
adoption of this Proclamation of Local Emergency is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15269(c) (the activity is
necessary to prevent or mitigate an emergency), 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.
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Resolution No. 2023-
Page 3 of 3
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution. The
proclamation of Local Emergency shall continue until terminated by the City Council.
ADOPTED this 28th day of March, 2023.
NOAH BLOM
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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