HomeMy WebLinkAbout2026-2 - Proclaiming the Termination of the Local Emergency Declared on October 22, 2025, Related to the Seepage of Methane Gas and Oil Intrusion Into a Residential Structure Located at 3606 Marcus AvenueRESOLUTION NO. 2026-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE
TERMINATION OF THE LOCAL EMERGENCY DECLARED
ON OCTOBER 22, 2025, RELATED TO THE SEEPAGE OF
METHANE GAS AND OIL INTRUSION INTO A
RESIDENTIAL STRUCTURE LOCATED AT 3606 MARCUS
AVENUE
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(A) of the NBMC 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, 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 NBMC further authorizes the Director
of Emergency Services 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 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;
Resolution No. 2026-2
Page 2 of 3
WHEREAS, on October 28, 2025, the City Council adopted Resolution No. 2025-
75, proclaiming a local emergency, and ratifying and confirming the Proclamation of the
Existence of a Local Emergency issued by the Director of Emergency Services on
October 22, 2025, a copy of which is attached hereto as Exhibit 1 and incorporated herein
by this reference, ("Proclamation of Emergency");
WHEREAS, the City Council further adopted and affirmed all findings and
determinations set forth in the Proclamation of Emergency and declared that the
Proclamation of Emergency 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;
WHEREAS, the City's Fire, Public Works and Utilities Departments, in
coordination with the Orange County Health Care Agency and California Geologic Energy
Management Division, undertook mitigation measures to safely vent accumulated
methane gas and re -plug the orphan well, which is approximately 800 feet below ground
surface; and
WHEREAS, the conditions that warranted the original emergency proclamation
have been abated, and no continuing public safety threat exists at this time.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby finds that the conditions that warranted the
local emergency have been sufficiently addressed, and in accordance with Section
2.20.065 of the Newport Beach Municipal Code, hereby proclaims that the local
emergency is terminated.
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.
Section 4: The City Council finds and determines that the termination of the
local emergency is not subject to the California Environmental Quality Act ("CEQA")
pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably
Resolution No. 2026-2
Page 3 of 3
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 13th day of January, 2026.
Lauren Kleiman
Mayor
ATTEST:
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Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
, , �—
A ron C. Harp
Exhibit 1 - Proclamation of the Existence of a Local Emergency issued by the Director
of Emergency Services on October 22, 2025
EXHIBIT 1
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF NEWPORT BEACH
OCTOEBR 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 1/2
Marcus Avenue; 312 The Rialto; and 313 36th Street, Newport Beach, California, as well as the
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF NEWPORT BEACH
OCTOEBR 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 e0_1
G Leung,
erector of Emergency pervices
2
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City of Newport Beach
City of Newport Beach GiSDividan
October 22, 2025
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; the foregoing Resolution No. 2026-2 was
duly adopted by the City Council of said City at a regular meeting held on the 13t" day of January, 2026, by
the following vote, to wit:
AYES: Mayor Lauren Kleiman, Mayor Pro Tern Noah Blom, Councilmember Michelle Barto,
Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember Sara J.
Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 14th day of January, 2026.
Lena Shumway
City Clerk
City of Newport Beach, California