RESOLUTION NO. 2026
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 Cityof Newport Beach (“City”)vests the CityCouncil with the authorityto make and enforce alllaws, rulesand regulationswith respect to municipal affairssubject only 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) 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 certainCity officialsto promulgate orders and regulationsnecessary to provide for the protection of lifeand property or to preserve publicorder and safety,and to provide forthe coordination of the emergency service functions of the Citywith allother publicagencies and affected privatepersons, corporations,and organizations;
WHEREAS, Section 2.20.060(A) of the NBMC empowers the Director of Emergency Services to proclaim the existence of a localemergency when conditions of disasteror extreme perilto the safety of persons or property existwithinthe City,and the CityCouncil isnot insession, provided thatsuch proclamation shallbe ratifiedby the City Council at the earliestpracticable time, but in no event laterthan seven (7) days after issuance, or itshall have no further force or effect;
WHEREAS, Section 2.20.060(C)-(E) of the NBMC furtherauthorizes the Director of Emergency Services to control and direct the City’s emergency organization, coordinate interagency response, and represent the City indealings with public or private agencies during emergencies;
WHEREAS, on October 22, 2025, the Directorof Emergency Services proclaimed the existence of a localemergency due to the seepage of methane gas and oilintrusion into a residential structure located at 3606 Marcus Avenue, reportedlyoriginatingfrom an abandoned or old oil well, which created conditions of extreme perilto the safety of persons and property;
Attachment A
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Resolution No. 2026-
WHEREAS, on October 28, 2025, the CityCouncil adopted Resolution No. 2025- 75, proclaiming a localemergency, and ratifyingand 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 isattached hereto as Exhibit1 and incorporated herein by thisreference,(“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 fullforce and effectuntilsuch 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 UtilitiesDepartments, in coordinationwith the Orange County Health Care Agency and CaliforniaGeologic Energy Management Division, undertook mitigation measures to safely vent accumulated methane gas and re-plug the orphan well,which isapproximately 800 feet below ground surface; and
WHEREAS, the conditions that warranted the originalemergency proclamation have been abated, and no continuing publicsafety threatexists at this time.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows;
The City Council hereby finds that the conditions that warranted the local emergency have been sufficientlyaddressed, and in accordance with Section
2.20.065 of the Newport Beach Municipal Code, hereby proclaims that the local emergency isterminated.
Section 1:
The recitalsprovided in this resolutionare true and correct and are incorporated intothe operative part of thisresolution.
Section 2:
If any section, subsection, sentence, clause or phrase of this resolutionis,forany reason, held to be invalidor unconstitutional, such decision shall not affectthe validityor constitutionalityof the remaining portionsof thisresolution.The City Council hereby declares that itwould have passed this resolution, 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 3:
The City Council finds and determines that the termination of the local emergency is not subject to the CaliforniaEnvironmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) (the activitywillnot result in a direct or reasonably Section 4:
Resolution No. 2026-
foreseeable indirectphysical change inthe environment), and 15060(c)(3) (the activityis not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title14, Division6, Chapter 3, because ithas no potentialfor resultingin physical change to the environment, directlyor indirectly.
This resolutionshalltake effectimmediately upon itsadoption by the City Council,and the CityClerk shallcertifythe vote adopting the resolution.
Section 5:
ADOPTED this13th day of January, 2026.
Lauren Kleiman
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Aaron 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