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 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 theCityCouncilwiththeauthoritytomakeandenforcealllaws, rulesandregulationswith 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, andprivileges, or proceduresgrantedor prescribedbyanylawofthe State of California;
WHEREAS, Chapter 2.20 (Emergency Services) of the Newport Beach Municipal Codeprovidesfor the preparationand implementationof plansto provideserviceswithin Newport Beach in the event of an emergency, to empower certain City officials to promulgateordersandregulationsnecessaryto providefor the protectionof lifeand propertyorto preservepublicorderandsafety, andtoprovideforthecoordinationofthe emergencyservicefunctionsoftheCitywithallotherpublicagenciesandaffectedprivate persons, corporations, and organizations;
WHEREAS, Section 2.20. 060(A) of the Newport Beach Municipal Code empowers the Directorof EmergencyServicesto proclaimthe existenceof a localemergencywhen 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 proclamationshallberatifiedbytheCityCouncilattheearliestpracticabletime, butinno 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 authorizesthe Directorof EmergencyServicesto controlanddirectthe City's emergency organization, coordinateinteragencyresponse, and representthe City in dealingswith public or private agencies during emergencies;
WHEREAS, on October 22, 2025, the Director of Emergency Services of the City of NewportBeachproclaimedthe existenceof a localemergencydueto the seepageof methanegasandoil intrusionintoa residentialstructurelocatedat 3606MarcusAvenue, reportedlyoriginatingfroman abandonedor old oil well, whichcreatedconditionsof extreme peril to the safety of persons and property;
ATTACHMENT A
Resolution No. 2025- 75
WHEREAS, the Director of Emergency Services determined that these conditions required the evacuation of affected 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 the 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 were a threat to the public health, safety, and welfare, and that the proclamation and emergency was issued under the authority of the Newport Beach Municipal Code and the California Emergency Services Act; WHEREAS, the City Council has reviewed the emergency rules, regulations and orders set forth in the proclamation and hereby determines that the rules, regulations and orders were necessary to address the threat to the public health, safety, and welfare at the time said rules, regulations and orders were issued; WHEREAS, the City of Newport Beach Fire and Utilities Departments, in coordination with the Orange County Health Care Agency, undertook mitigation measures to safely vent accumulated methane gas; and
WHEREAS, he City Council hereby determines that there is still a threat to the public health, welfare, and safety that will continue until a permanent solution resolving the accumulation and venting of methane gas and seeping oil is designed, implemented, and verified as effective by the appropriate regulatory agencies.
Resolution No. 2025- 75
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 force and effect until such time as the City Council proclaims that the local emergency has been terminated in accordance with applicable law.
Section 2: The City Council hereby ratifies and confirms all written emergency rules, regulations, and orders 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 hereby rescinds the rules, regulations and orders 1 through 7, set forth in the Proclamation of Emergency, which shall no longer be in effect upon the adoption of this resolution.
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.
Resolution No. 2025- 75
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 herebydeclaresthat it would have passedthis 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 determinesthat 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 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 potentialfor resultingin physicalchangeto the environment, directlyor indirectly.
Section 9: This resolution shall take effect immediately upon its adoption by the CityCouncil, andthe CityClerkshallcertifythe vote adoptingthe resolution.
ADOPTED this 28th day of October, 2025.
A i
Jo Stap eton
Ma or
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
C1
ATTORNEY' S
TCEC.
Aar n 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
OCTOBER 22, 2025
WHEREAS, Section 2.20.060 of the Newport Beach Municipal Code empowers the Directorof EmergencyServicesoftheCityofNewportBachtoproclaimtheexistenceof alocal emergencyduetotheexistenceof conditionsof disasteror extremeperiltothesafetyof persons orpropertywithintheCityofNewportBeach, if theCityCouncilisnotinsession; and WHEREAS, the EmergencyServicesDirector of the City of Newport Beach does hereby find that:
1. A hazardous condition has arisen at 3606 Marcus Avenue, Newport Beach, California92663, involvingthe seepageof methanegasandoil intrusioninto a residential structure, reportedlyoriginatingfrom anabandonedor old oil well;
2. Thepresenceof oil andmethanegasposesanimmediatethreatto thehealth, safety, andwelfareof residentsandthe surroundingcommunity, necessitatingurgentprotective measures;
3. In the interestof public safety, the evacuationof the affectedresidenceand neighboringpropertiesisrequireduntilthehazardcanbeassessedandmitigated;
4. Access to the affected area must be strictly controlled to prevent injury or interference with emergency response operations;
5. Suchconditionsof disasteror extremeperil are or are likely to be beyondthe controlof the services, personnel, equipment, andfacilitiesof theCity of NewportBeachand requireor arelikely to requirethe combinedforcesof otherpoliticalsubdivisionsandother agencies to combat; and
6. ThattheCity Councilof theCity of NewportBeachis not in session. - NOW, THEREFORE, BE IT PROCLAIMED that a local emergency now exists within theCity of NewportBeach.
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:
I. All residentsand the generalpublic shall evacuateand remain clear of the affectedarea, whichincludesthe propertieslocatedat 3610, 3608, 3602, 3600and3600 '/ 2 MarcusAvenue; 312TheRialto; and31336th Street, NewportBeach, California, aswell asthe
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF NEWPORT BEACH
OCTOBER 22, 2025
portionsoftheadjacentstreetsasdepictedin ExhibitA, attachedheretoandincorporatedherein by reference (hereinafterreferredto asthe "EmergencyZone").
2. Nopersonshallenter, bewithin, orremainwithin, anybuildingorareawithinthe designatedEmergencyZoneafterreceivingawrittenor oralorderto eithernotenterorto leave suchbuilding or areafrom a peaceofficer.
3. NopersonshallenterthedesignatedEmergencyZoneunlessauthorizedby the Directorof EmergencyServices, theUtilitiesDirector, theFireChief, orthePoliceChief.
4. All vehicles, exceptemergencyresponseand authorizedpersonnelvehicles, are prohibitedfromenteringorparkingonpublicstreetswithintheEmergencyZone.
5. Theprovisionsof OrderNos. 1through4 aboveshallnotapplyto anyCity of Newport Beach employee or contractor, as well as any police, fire, or emergency services personnel, whilesuchpersonisengagedin providingpolice, fire, orotheremergencyservices.
6. A violationof any of the aboveemergencyordersandregulationsshallbe a misdemeanorpunishablepursuantto Section2.20.100oftheNewportBeachMunicipalCode.
7. All peaceofficers areherebyauthorizedto enforcethe aboveemergencyorders andregulationsandto arrestanypersonwhodoesnot obeysaidordersandregulations.
8. The City Attorney is authorizedto seeka court order enjoininganyresponsible person from maintaining the public nuisance.
9. If the Director of Emergency Services determines that mitigation measures or summaryabatementarenecessary, Citypersonnel/contractorsandemergencypersonnelshallbe authorizedto takeactionto mitigateor summarilyabatethe publicnuisanceattheexpenseof the personscreating, causing, committing, or maintainingthepublic nuisance.
Thisproclamationis in effectbeginningat6:00p.m. onOctober22, 2025, andshall continuein full force and effect until rescindedor amended, or until the local emergencyis proclaimed terminated.
Dated: October 22, 2025
Grace Leung,
Director of Emergency Services
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