City Manager’s Office
CITY OF NEWPORT BEACH
CITY MANAGER’S OFFICE
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov
Memorandum
To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
From: Seimone Jurjis, Assistant City Manager
Date: October 27, 2025
Re: Agenda No. S21 – 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 ________________________________________________________________
The attached resolution replaces Resolution No. 2025-75 on the agenda and ratifies the October 22, 2025, Proclamation of Local Emergency related to methane gas seepage and oil intrusion at 3606 Marcus Avenue. It keeps the emergency in effect until ended by the City Council, directs continued use of the City’s Emergency Operations Plan, authorizes the Director of Emergency Services (City Manager) to coordinate response and pursue state and federal assistance, and requires City Council review at least every 60 days. It also states that City Fire and Utilities, working with the County Health Care Agency, have already taken steps to safely vent the accumulated methane, and that a threat to public health and safety remains until a long-term fix is in place. Unlike the original draft, which would have kept all emergency orders active, the updated version rescinds Emergency Orders 1–7 upon adoption while leaving the emergency declaration itself in place.
RESOLUTION NO. 2025-
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 SHALL
REMAIN IN EFFECT UNTIL THE EMERGENCY IS
TERMINATED BY THE CITY COUNCIL
WHEREAS, Section 200 ofthe Charter ofthe Cityof Newport Beach (“City”)vests the CityCouncil withthe authorityto make and enforce alllaws, rulesand regulationswith respect to municipal affairssubjectonly to the restrictionsand limitations contained in the Charter and the State Constitution,and the power to exercise,or act pursuant to any and allrights,powers, and privileges,or procedures granted or prescribed by any law of the State of California;
WHEREAS, Chapter 2.20 (Emergency Services)ofthe Newport Beach Municipal Code provides forthe preparation and implementation of plans to provide services within Newport Beach in the event of an emergency, to empower certain City officialsto promulgate orders and regulations necessary to provide for the protection of lifeand property or to preserve publicorder and safety,and to provide forthe coordination of the emergency servicefunctionsofthe Citywith allotherpublicagencies and affectedprivate persons, corporations,and organizations;
WHEREAS, Section 2.20.060(A) of the Newport Beach Municipal Code empowers the Directorof Emergency Services to proclaim the existence of a localemergency when conditions of disasteror extreme perilto the safety of persons or property existwithinthe City of Newport Beach, and the City Council is not in session, provided that such proclamation shallbe ratifiedby the City Council at the earliestpracticabletime, but in no event laterthan seven (7)days afterissuance, or itshall have no further force or effect; WHEREAS, Section 2.20.060(C)-(E)of the Newport Beach Municipal Code further authorizes the Directorof Emergency Services to controland directthe City’semergency organization,coordinate interagency response, and represent the City in dealings with public or privateagencies during emergencies;
WHEREAS, on October 22, 2025, the Directorof Emergency Services of the City of Newport Beach proclaimed the existence of a localemergency due to the seepage of methane gas and oilintrusionintoa residentialstructurelocated at 3606 Marcus Avenue, reportedlyoriginatingfrom an abandoned or old oilwell, which created conditions of extreme perilto the safetyof persons and property;
Resolution No. 2025-
WHEREAS, the Directorof Emergency Services determined that these conditions requiredthe evacuation of affectedand nearby properties,the restriction of access to the impacted area, and the mobilizationof emergency personnel and resources to mitigate the danger and protectthe publichealthand safety:
WHEREAS, pursuant to Section 2.20.070 of the Newport Beach Municipal Code, allrules,orders,and regulationsissued under the authorityof the Directorof Emergency Services must: (1) be In writing:(2) receive widespread publicityand notice:and (3) be ratifiedand confirmed by the CityCouncil withinseven (7)days of issuance, or they shall have no further effect:
WHEREAS, the Directorof Emergency Services has submitted to the CityCouncil the written Proclamation of the Existence of a Local Emergency, attached hereto as Exhibit1, allassociated emergency orders and regulations,and a reportdescribing the facts and circumstances necessitatingthe emergency proclamation in accordance with Section 2.20.070(B) of the Newport Beach MunicipalCode:
WHEREAS, the City Council has reviewed the proclamation, the accompanying report,and the Directorof Emergency Service’sfindings,and hereby determines that the conditions described thereinwere a threatto the publichealth,safety,and welfare,and that the proclamation and emergency was issued under the authorityof the Newport Beach Municipal Code and the CaliforniaEmergency Services Act:
WHEREAS, the City Council has reviewed the emergency rules,regulationsand orders set forthinthe proclamation and hereby determines thatthe rules,regulationsand orders were necessary to address the threatto the public health,safety,and welfare at the time said rules,regulationsand orders were issued;
WHEREAS, the City of Newport Beach Fire and UtilitiesDepartments, in coordinationwiththe Orange County Health Care Agency, undertook mitigationmeasures to safelyvent accumulated methane gas; and
WHEREAS, he City Council hereby determines that there is stilla threat to the public health,welfare,and safety that willcontinue untila permanent solution resolving the accumulation and venting of methane gas and seeping oilisdesigned, implemented, and verifiedas effectiveby the appropriate regulatoryagencies.
Resolution No. 2025-
NOW, THEREFORE, the CityCouncil of the Cityof Newport Beach ordains as follows:
The CityCouncil hereby ratifiesand confirms the Proclamation of the Existence of a Local Emergency issued by the Directorof Emergency Services on October 22, 2025, attached hereto as Exhibit 1 and incorporated herein by thisreference, pursuant to Section 2.20.060(A) of the Newport Beach Municipal Code (“Proclamation of Emergency”). The CityCouncil furtheradopts and affirmsallfindingsand determinations set forthin the Proclamation of Emergency and declares that the Proclamation of Emergency shall remain in fullforce and effect untilsuch time as the City Council proclaims thatthe localemergency has been terminated in accordance with applicable law.
Section 1:
Section 2: The City Council hereby ratifiesand confirms allwrittenemergency rules,regulations,and orders issued by the Directorof Emergency Services pursuant to Section 2.20.070 of the Newport Beach MunicipalCode, as set forth in the Proclamation of Emergency. The City Council hereby rescinds the rules, regulations and orders 1 through 7, set forthinthe Proclamation of Emergency, which shallno longer be in effect upon the adoption of thisresolution.
Section 3. The CityCouncil affirmsthatthe City’sEmergency 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 enforcingitsprovisions to protect lifeand property and mitigatethe emergency conditions.
Section 4: The City Council shall review the need for continuing the local emergency at leastonce 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 earliestpossible date that conditions warrant.
The City Manager, as the Directorof 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 includingapplyingfor federal and state assistance.
Section 5:
The recitalsprovided in thisresolutionare true and correct and are incorporated intothe operative part of thisresolution.
Section 6:
Resolution No. 2025-
Section 7: If any section,subsection, sentence, clause or phrase of this resolutionis,forany reason, held to be invalidor unconstitutional, such decision shall not affectthe validityor constitutionalityofthe remainingportionsof thisresolution.The City Council hereby declares that itwould have passed thisresolution, and each section, subsection, sentence, clause or phrase hereof,irrespectiveof 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 introductionand adoption of this Proclamation of Local Emergency is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15269(c) (the activityis necessary to prevent or mitigatean emergency), 15060(c)(2)(the activitywillnot resultin a director reasonably foreseeable indirectphysical change in the environment), and 15060(c)(3) (the activityis not a project as defined in Section 15378) of the CEQA Guidelines,CaliforniaCode of Reguiations,Title14, Division6, Chapter 3, because ithas no potentialforresultinginphysicalchange to the environment, directlyor indirectly.
Section 9: This resolutionshalltake effectimmediately upon itsadoption by the CityCouncil,and the CityClerk shallcertifythe vote adopting the resolution.
ADOPTED this28th day of Qctober, 2025.
Joe Stapleton
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY’S OFRIG
rAaron C. Haip
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
OCTOBER 22, 2025
WHEREAS, Section 2.20.060 of the Newport Beach Municipal Code empowers the Directorof Emergency Servicesof theCityof Newport Bach to proclaimtheexistenceof a local emergency due totheexistenceof conditionsof disasteror extreme perilto the safetyof persons or propertywithintheCityofNewport Beach,iftheCity Council isnot in session;and WHEREAS, the Emergency Services Directorof the City of Newport Beach does hereby findthat:
A hazardous condition has arisen at 3606 Marcus Avenue, Newport Beach, California92663, involvingthe seepage of methane gas and oil intrusioninto a residential structure,reportedlyoriginatingfrom an abandoned or old oilwell; The presenceof oiland methane gas poses an immediatethreat to the health, safety,and welfareof residentsand the surroundingcommunity, necessitatingurgent protective measures;
1. 2.
In the interestof public safety,the evacuation of the affected residence and neighboringpropertiesisrequireduntilthehazardcan be assessedand mitigated; Access to the affectedarea must be strictlycontrolledto prevent injury or interferencewith emergency responseoperations;
3. 4.
Such conditionsof disasteror extreme perilare or are likelyto be beyond the controlof the services,personnel,equipment,and facilitiesof the City of Newport Beach and requireor arelikelyto requirethecombined forcesof other politicalsubdivisionsand other agenciestocombat;and
5. ThattheCityCounciloftheCityofNewport Beach is not in session.6.
NOW, THEREFORE, BE IT PROCLAIMED thata localemergency now exists withintheCityof 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:
All residentsand the general public shallevacuate and remain elear of the affectedarea,which includesthe propertieslocatedat 3610, 3608, 3602, 3600 and 3600 I/2 Marcus Avenue; 312 The Rialto;and 313 36th Street,Newport Beach, California,as wellas the
1. PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF NEWPORT BEACH
OCTOBER 22, 2025
portionsof theadjacentstreetsas depictedinExhibitA, attachedheretoand incorporatedherein by reference(hereinafterreferredtoasthe“Emergency Zone”).
No person shallenter,be within,or remain within,any buildingor area within the designatedEmergency Zone afterreceivinga writtenor oral order to either not enter or to leave such buildingor areafrom a peace officer.
No person shallenterthe designatedEmergency Zone unless authorized by the Directorof Emergency Services,theUtilitiesDirector,the Fire Chief, or the Police Chief.
All vehicles,exceptemergency responseand authorizedpersonnel vehicles,are prohibitedfrom enteringorparkingon publicstreetswithin the Emergency Zone.
The provisionsof Order Nos. 1 through4 above shallnot apply to any City of Newport Beach employee or contractor,as well as any police,fire,or emergency services personnel,whilesuchpersonisengagedinprovidingpolice,fire,or otheremergency services.
A violationof any of the above emergency ordersand regulationsshallbe a misdemeanor punishablepursuantto Section2.20.100of theNewport Beach Municipal Code.
All peace officersareherebyauthorizedto enforcethe above emergency orders and regulationsand toarrestany personwho does notobey saidordersand regulations.
The City Attorneyisauthorizedto seek a courtorderenjoiningany responsible personfrom maintainingthepublicnuisance.
If the Directorof Emergency Servicesdeterminesthatmitigation measures or summary abatementarenecessary.Citypersonnel/contractorsand emergency personnelshallbe authorizedto take actionto mitigateor summarily abatethepublicnuisanceattheexpense of the personscreating,causing,committing,ormaintainingthe publicnuisance.
This proclamationisin effectbeginningat 6:00 p.m. on October 22, 2025, and shall continue in full force and effect until rescinded or amended, or untilthe localemergency is proclaimedterminated.
2. 3.
4. 5.
6. 7.
8. 9.
Dated: October 22, 2025
Grace Leung,
Directorof Emergency Services
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