HomeMy WebLinkAboutS21 - Ratifying the Proclamation of the Existence of a Local Emergency, and Declaring that the Local Emergency Shall Remain in Effect Until Terminated by the City CouncilQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
October 28, 2025
Agenda Item No. S21
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Alexandra Delmonico, Management Fellow — 949-644-3313,
adelmonico@newportbeachca.gov
TITLE: Resolution No. 2025-75: Ratifying the Proclamation of the Existence
of a Local Emergency, and Declaring that the Local Emergency Shall
Remain in Effect Until Terminated by the City Council
ABSTRACT:
For the City Council's consideration is the ratification and extension of the proclamation
of a local emergency in accordance with Chapter 2.20 (Emergency Services) of the
Newport Beach Municipal Code. The city manager, in her role as Director of Emergency
Services, declared a local emergency after methane gas was detected at a residential
home at 3606 Marcus Avenue on the Balboa Peninsula. The emergency declaration
allows the City of Newport Beach (City) to take swift action to protect public health and
safety and coordinate with regional and state agencies.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15269(c), 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. 2025-75, A Resolution of the City Council of the City of Newport
Beach, California, Ratifying in its Entirety the Proclamation of the Existence of a Local
Emergency Issued by the Director of Emergency Services on October 22, 2025, and
Declaring that the Local Emergency, Along with all Rules, Orders, and Regulations
Issued by the Director of Emergency Services, Shall Remain in Effect Until the
Emergency is Terminated by the City Council.
DISCUSSION:
On October 22, 2025, a local emergency was declared after methane seepage was
detected at a residential home at 3606 Marcus Avenue on the Balboa Peninsula, believed
to be caused by oil intrusion from an abandoned private oil well beneath the home. Out
of an abundance of caution, several nearby homes on Marcus Avenue, Rialto and 36t"
Street have been temporarily evacuated, with the area being restricted to authorized
personnel only.
S21-1
Resolution No. 2025-75: Ratifying the Proclamation of the Existence of a Local
Emergency, and Declaring that the Local Emergency Shall Remain in Effect Until
Terminated by the City Council
October 28, 2025
Page 2
Response crews from the City and multiple regulatory agencies are on the scene and
assessing next steps. The City's top priority is the health and safety of residents, hence
the recommendation that City Council ratifies and declares that the local emergency
remains in effect until conditions warrant termination of the emergency.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from 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, Chapter 3, because it has no
potential to have a significant effect on the environment.
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. 2025-75
S21-2
ATTACHMENT A
RESOLUTION NO. 2025- 75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, RATIFYING IN ITS
ENTIRETY THE PROCLAMATION OF THE EXISTENCE OF
A LOCAL EMERGENCY ISSUED BY THE DIRECTOR OF
EMERGENCY SERVICES ON OCTOBER 22, 2025, AND
DECLARING THAT THE LOCAL EMERGENCY, ALONG
WITH ALL RULES, ORDERS, AND REGULATIONS
ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES,
SHALL REMAIN IN EFFECT UNTIL THE EMERGENCY IS
TERMINATED BY THE CITY COUNCIL
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 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 ail other public agencies and affected private
persons, corporations, and organizations;
WHEREAS, Section 2.20.060(A) of the Newport Beach Municipal Code empowers
the Director of Emergency Services to proclaim the existence of a local emergency when
conditions of disaster or extreme peril to the safety of persons or property exist within the
City of Newport Beach, and the City Council is not in session, provided that such
proclamation shall be ratified by the City Council at the earliest practicable time, but in no
event later than seven (7) days after issuance, or it shall have no further force or effect;
WHEREAS, Section 2.20.060(C)-(E) of the Newport Beach Municipal Code further
authorizes the Director to control and direct the City's emergency organization, coordinate
interagency response, and represent the City in dealings with public or private agencies
during emergencies;
WHEREAS, on October 22, 2025, the Director of Emergency Services of the City
of Newport Beach proclaimed the existence of a local emergency due to the seepage of
methane gas and oil intrusion into a residential structure located at 3606 Marcus Avenue,
reportedly originating from an abandoned or old oil well, which created conditions of
extreme peril to the safety of persons and property;
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Resolution No. 2025-
Page 2 of 4
WHEREAS, the Director of Emergency Services determined that these conditions
required the evacuation of affectec and nearby properties, the restriction of access to the
impacted area, and the mobilization of emergency personnel and resources to mitigate
the danger and protect public health and safety;
WHEREAS, pursuant to Section 2.20.070 of the Newport Beach Municipal Code,
all rules, orders, and regulations issued under the authority of the Director of Emergency
Services must: (1) be in writing; (2) receive widespread publicity and notice; and (3) be
ratified and confirmed by the City Council within seven (7) days of issuance, or they shall
have no further effect;
WHEREAS, the Director of Emergency Services has submitted to the City Council
the written Proclamation of the Existence of a Local Emergency, attached hereto as
Exhibit 1, all associated emergency orders and regulations, and a report describing the
facts and circumstances necessitating the emergency proclamation in accordance with
Section 2.20.070(B) of the Newport Beach Municipal Code;
WHEREAS, the City Council has reviewed the proclamation, the accompanying
report, and the Director of Emergency Service's findings, and hereby determines that the
conditions described therein continue to pose a threat to the public health, safety, and
welfare, and that the proclamaticn and emergency regulations/orders were properly
issued under the authority of the Newport Beach Municipal Code and the California
Emergency Services Act; and
WHEREAS, pursuant to Section 2.20.065 of the Newport Beach Municipal Code,
the City Council shall review the need for continuing the local emergency at least once
every sixty (60) days until such time as the local emergency is terminated and shall
proclaim termination at the earliest date that conditions warrant.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby ratifies and confirms the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
October 22, 2025, attached hereto as Exhibit 1 and incorporated herein by this reference,
pursuant to Section 2.20.060(A) of the Newport Beach Municipal Code ("Proclamation of
Emergency"). The City Council further adopts and affirms all findings and determinations
set forth in the Proclamation of Emergency and declares that the Proclamation of
Emergency shall remain in full fcrce and effect until such time as the City Council
proclaims that the local emergency has been terminated in accordance with applicable
law.
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Resolution No. 2025-
Page 3 of 4
Section 2: The City Council hereby ratifies and confirms all written emergency
rules, orders, and regulations issued by the Director of Emergency Services pursuant to
Section 2.20.070 of the Newport Beach Municipal Code, as set forth in the Proclamation
of Emergency. The City Council further adopts and affirms said emergency rules, orders,
and regulations, which shall remain in full force and effect until such time as the City
Council proclaims that the local emergency has been terminated in accordance with
applicable law or the Director of Emergency Services determines the specific rule, order
or regulation is no longer necessary.
Section 3. The City Council affirms that the City's Emergency Operations Plan,
adopted pursuant to Section 2.20.050 of the Newport Beach Municipal Code, is in full
force and effect, and authorizes all City departments and the City's Emergency
Organization to continue implementing and enforcing its provisions to protect life and
property and mitigate the emergency conditions.
Section 4. The City Council shall review the need for continuing the local
emergency at least once every sixty (60) days, in accordance with Section 2.20.065 of
the Newport Beach Municipal Code and shall proclaim the termination of the local
emergency at the earliest possible date that conditions warrant.
Section 5: 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 Newport Beach Municipal Code, in furtherance of the
Proclamation of Local Emergency including applying for federal and state assistance.
Section 6: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 7: 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 8: 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.
S21-5
Resolution No. 2025-
Page 4 of 4
Section 9: 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 28th day of October, 2025.
Joe Stapleton
Mayor
ATTEST:
Lena Shumway
City Clerk
_\»:kohl4►7,V,2110 SUM
CITY ATTORNEY'S OFFICE
A,-, C ((,,—
Aaron C. Harp
Exhibit 1 - Proclamation of the Existence of a Local Emergency issued by the Director
of Emergency Services on October 22, 2025
S21-6
EXHIBIT #1
S21-7
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF NEWPORT BEACH
OCTOBER 22, 2025
WHEREAS, Section 2.20.060 of the Newport Beach Municipal Code empowers the
Director of Emergency Services of the City of Newport Bach to proclaim the existence of a local
emergency due to the existence of conditions of disaster or extreme peril to the safety of persons
or property within the City of Newport Beach, if the City Council is not in session; and
WHEREAS, the Emergency Services Director of the City of Newport Beach does
hereby find that:
1. A hazardous condition has arisen at 3606 Marcus Avenue, Newport Beach,
California 92663, involving the seepage of methane gas and oil intrusion into a residential
structure, reportedly originating from an abandoned or old oil well;
2. The presence of oil and methane gas poses an immediate threat to the health,
safety, and welfare of residents and the surrounding community, necessitating urgent protective
measures;
3. In the interest of public safety, the evacuation of the affected residence and
neighboring properties is required until the hazard can be assessed and mitigated;
4. Access to the affected area must be strictly controlled to prevent injury or
interference with emergency response operations;
5. Such conditions of disaster or extreme peril are or are likely to be beyond the
control of the services, personnel, equipment, and facilities of the City of Newport Beach and
require or are likely to require the combined forces of other political subdivisions and other
agencies to combat; and
6. That the City Council of the City of Newport Beach is not in session.
NOW, THEREFORE, BE IT PROCLAIMED that a local emergency now exists
within the City of Newport Beach.
PURSUANT TO THE AFORESAID PROCLAMATION, THE DIRECTOR OF
EMERGENCY SERVICES OF THE CITY OF NEWPORT BEACH HEREBY
PROMULGATES AND ISSUES THE FOLLOWING ORDERS AND REGULATIONS:
1. All residents and the general public shall evacuate and remain clear of the
affected area, which includes the properties located at 3610, 3608, 3602, 3600 and 3600 %a
Marcus Avenue; 312 The Rialto; and 313 36th Street, Newport Beach, California, as well as the
S21-8
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF NE'vVPORT BEACH
OCTOBER 22, 2025
portions of the adjacent streets as depicted in Exhibit A, attached hereto and incorporated herein
by reference (hereinafter referred to as the "Emergency Zone").
2. No person shall enter, be within, or remain within, any building or area within the
designated Emergency Zone after receiving a written or oral order to either not enter or to leave
such building or area from a peace officer.
3. No person shall enter the designated Emergency Zone unless authorized by the
Director of Emergency Services, the Utilities Director, the Fire Chief, or the Police Chief.
4. All vehicles, except emergency response and authorized personnel vehicles, are
prohibited from entering or parking on public streets within the Emergency Zone.
5. The provisions of Order Nos. 1 through 4 above shall not apply to any City of
Newport Beach employee or contractor, as well as any police, fire, or emergency services
personnel, while such person is engaged in providing police, fire, or other emergency services.
6. A violation of any of the above emergency orders and regulations shall be a
misdemeanor punishable pursuant to Section 2.20.100 of the Newport Beach Municipal Code.
7. All peace officers are hereby authorized to enforce the above emergency orders
and regulations and to arrest any person who does not obey said orders and regulations.
8. The City Attorney is authorized to seek a court order enjoining any responsible
person from maintaining the public nuisance.
9. If the Director of Emergency Services determines that mitigation measures or
summary abatement are necessary, City personnel/contractors and emergency personnel shall be
authorized to take action to mitigate or summarily abate the public nuisance at the expense of the
persons creating, causing, committing, or maintaining the public nuisance.
This proclamation is in effect beginning at 6:00 p.m. on October 22, 2025, and shall
continue in full force and effect until rescinded or amended, or until the local emergency is
proclaimed terminated.
Dated: October 22, 2025
GyfW Leung,
trector of Emergency pervices
2
S21-9
EXHIBIT A
S21-10
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S21-11