Attachment A
Resolution No. 2026-XX
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, (i) RATIFYING THE
PROCLAMATION OF A LOCAL EMERGENCY ISSUED ON
OCTOBER 9, 2026, BY CITY MANAGER SEIMONE
JURJIS, THE DIRECTOR OF EMERGENCY SERVICES OF
THE CITY OF NEWPORT BEACH, AND APPROVING AND
AUTHORIZING CERTAIN ACTIONS RELATED THERETO
WHEREAS, Section 200 of the City 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 City 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 all 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 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, Section 2.20.070(C) of the Newport Beach Municipal Code provides that the Director of Emergency Services is authorized, within the limitations of the City Charter and State law, to obtain vital services, supplies, equipment, and other property necessary for the protection of life and property, and to bind the City to pay fair market Resolution No. 2026-
value for such goods and services, including, when immediately required and otherwise authorized by law, the commandeering of property for public use; WHEREAS, on September 21, 2026, Governor Gavin Newsom proclaimed a state of emergency throughout California in anticipation of potential winter storms and related impacts, thereby mobilizing state resources and directing state agencies to coordinate emergency preparedness, response, and mitigation efforts; WHEREAS, on or about October 8, 2026, elevated ocean water levels and high surf associated with Tropical Storm Rachel contributed to coastal and street flooding along the Balboa Peninsula in Newport Beach, and continuing coastal hazards threatened public safety, access to public streets, public infrastructure, and public and private property in low-lying coastal areas of the City, including, but not limited to, the Wedge, Corona del Mar Main Beach parking lot, Corona del Mar Main Beach, Breakers Drive, the Balboa Pier parking lot, Seashore Drive between 44th and 60th Streets, 50th and 51 st Streets, and 6th through 17th Streets;
WHEREAS, the City undertook emergency protective measures, including rebuilding beach berms, monitoring water levels, operating pumping systems, responding to flooding incidents, and implementing other measures to protect life and property and mitigate the effects of the emergency;
WHEREAS, on October 9, 2026, because the City Council was not in session, the City Manager, acting as the City of Newport Beach's Director of Emergency Services, issued a written Proclamation of the Existence of a Local Emergency, effective at 12:30 p.m. that day ("Proclamation of Emergency"), declaring a local emergency caused by Tropical Storm Rachel and associated coastal flooding, high surf, elevated ocean water levels, and related hazards that have resulted in significant ocean-water inundation of residential and commercial structures, public rights-of-way, and critical public facilities along the City's coastline, thereby creating conditions of extreme peril to the safety of persons and property and posing a threat of additional damage during the anticipated El Nino storm season;
WHEREAS, the Director of Emergency Services determined that these conditions may require the immediate procurement of materials, supplies, equipment, construction services, professional services, and other resources necessary to protect public health and safety, preserve public and private property, maintain essential public services, and prevent or mitigate further damage;
WHEREAS, the rapidly changing nature of the emergency conditions may require immediate construction, repair, maintenance, restoration, and other emergency work, including the construction and reinforcement of protective beach berms, operation and Resolution No. 2026-
repair of pumping and drainage facilities, removal of sand and debris, protection of streets and public infrastructure, and implementation of other emergency protective measures, under circumstances in which compliance with ordinary procurement and competitive bidding procedures may result in delays that threaten public health and safety or cause additional damage to public or private property;
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 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(8) of the Newport Beach Municipal Code;
WHEREAS, the City Council has reviewed the Proclamation of Emergency, 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 of 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 of Emergency and hereby determines that the rules, regulations and orders were necessary to address the threat to public health, safety, and welfare at the time said rules, regulations and orders were issued; and WHEREAS, the City Council hereby determines that a threat to public health, welfare, and safety still exists and will continue until the coastal flooding is sufficiently resolved.
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 City Manager, acting as the Director of Emergency Services, on October 9, 2026, attached hereto as Exhibit 1 and incorporated herein by this reference, pursuant to Section 2.20.060(A) of the Newport Beach Municipal Code. 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 Resolution No. 2026-
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. All rules, regulations, and orders set forth in 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 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 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 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 Resolution No. 2026-
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 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 13th day of October, 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFI E
P\- C
Lauren Kleiman
Mayor
Exhibit 1 - Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on October 9, 2026
Exhibit 1
Proclamation of the Existence of a Local
Emergency by the Director of Emergency Services
on October 9, 2026
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF NEWPORT BEACH
OCTOBER 9, 2026
WHEREAS, Section 2.20.060 of the Newport Beach Municipal Code empowers the Director of Emergency Services to proclaim a local emergency based on the existence or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City of Newport Beach caused by conditions such as flood or storm, when the City Council is not in session;
WHEREAS, Section 2.20.060 of the Newport Beach Municipal Code and California Government Code sections 8558 and 8630 govern the proclamation and ratification of a local emergency;
WHEREAS, pursuant to California Government Code section 8634 and Newport Beach Municipal Code section 2.20.070, the Director of Emergency Services is authorized, during a proclaimed local emergency, to issue written orders and regulations reasonably necessary to protect life and property and preserve public order and safety, including restrictions on access to public streets and other hazardous areas, provided that such orders and regulations receive widespread publicity and notice and are submitted for timely City Council ratification as required by law; WHEREAS, coastal flooding, elevated ocean water levels, high surf, and other stormrelated conditions have caused or threaten to cause the inundation of public streets, sidewalks, parking areas, beaches, and other public facilities within the City of Newport Beach, creating hazardous conditions for motorists, pedestrians, residents, visitors, and emergency response personnel;
WHEREAS, vehicles parked or operated within areas affected or threatened by flooding may obstruct emergency access, interfere with flood mitigation activities, including the construction and maintenance of protective beach berms and operation of pumping equipment, and create additional hazards to public health and safety, necessitating temporary parking restrictions, street closures, and, where authorized by law, the removal or relocation of vehicles; WHEREAS, hazardous surf, strong currents, coastal flooding, erosion, debris, and rapidly changing ocean conditions present or may present an immediate danger to people accessing City beaches, piers, boardwalks, coastal accessways, and other public areas, necessitating temporary closures or restrictions to protect public health and safety; WHEREAS, the emergency conditions caused by Tropical Storm Rachel and associated coastal flooding, high surf, elevated ocean water levels, and related hazards require or may require the immediate procurement of materials, supplies, equipment, construction services, professional services, and other resources necessary to protect public health and safety, preserve public and private property, maintain essential public services, and prevent or mitigate further damage; WHEREAS, the rapidly changing nature of the emergency conditions may require immediate construction, repair, maintenance, restoration, and other emergency work, including the construction and reinforcement of protective beach berms, operation and repair of pumping and drainage facilities, removal of sand and debris, protection of streets and public infrastructure, and 1 implementation of other emergency protective measures, under circumstances in which compliance with ordinary procurement and competitive bidding procedures may result in delays that threaten public health and safety or cause additional damage to public or private property; WHEREAS, pursuant to Newport Beach Municipal Code Section 2.20.070(C), the Director of Emergency Services is authorized, within the limitations of the City Charter and State law, to obtain vital services, supplies, equipment, and other property necessary for the protection of life and property, and to bind the City to pay fair market value for such goods and services, including, when immediately required and otherwise authorized by law, the commandeering of property for public use;
WHEREAS, the emergency conditions require or may require the immediate mobilization, assignment, and coordination of City personnel, contractors, equipment, and other resources, including personnel and resources from the Police, Fire, Public Works, Utilities, and other City departments, to conduct emergency response, flood mitigation, public safety, infrastructure protection, and recovery operations;
WHEREAS, the magnitude, duration, and changing nature of the emergency conditions may exceed the resources immediately available to the City and require coordination with, assistance from, or mutual aid provided by the County of Orange, the State of California, neighboring jurisd~ctions, special districts, and other public or private agencies to protect life and property and maint~in essential public services;
WHEREAS, the City has incurred or may incur extraordinary expenses in responding to the emergency, including expenditures for personnel, equipment, materials, contractual services, emergency protective measures, infrastructure repairs, and related activities, and it is necessary to document such expenditures and undertake appropriate actions to preserve the City's eligibility for available state and federal disaster assistance and reimbursement programs; WHEREAS, the protection of life and property and the effective deployment of emergency personnel, equipment, and resources require the ability to promptly establish, modify, and rescind temporary street closures, parking restrictions, beach closures, and other protective measures as conditions warrant, together with appropriate public notification of such restrictions; WHEREAS, on September 21, 2026, Governor Gavin Newsom proclaimed a State of Emergency throughout California due to the developing 2026-2027 El Nifio event and the anticipated threats of severe storms, coastal flooding, erosion, and related hazards to public health, safety, property, and critical infrastructure; and the Governor's proclamation directs state agencies to coordinate emergency preparedness and response activities, mobilize resources, and expedite necessary flood prevention and mitigation measures to assist local governments in protecting their communities;
WHEREAS, the Director of Emergency Services of the City of Newport Beach hereby finds, based upon information presently available, that:
l. The National Weather Service has warned that swells associated with Rachel may produce life-threatening surf and rip currents and minor to moderate coastal flooding along Southern California beaches;
2 2. The National Weather Service has forecast continuing coastal hazards in the coming days, potentially coinciding with rainfall and winds, necessitating continued preparedness and response;
3. On or about October 8, 2026, elevated ocean water levels and high surf associated with Tropical Storm Rachel contributed to coastal and street flooding along the Balboa Peninsula in Newport Beach;
4. Continuing elevated surf, unusually high ocean water levels, and associated flooding conditions threaten public safety, access to public streets, public infrastructure, and public and private property in low-lying coastal areas of the City including, but not limited to, the Wedge, Corona del Mar Main Beach parking lot, Corona de! Mar Main Beach, Breakers Drive, the Balboa Pier parking lot, Seashore Drive between 44th and 60th Streets, 50th and 51st Streets, and 6th through 17th Streets;
5. The City has undertaken emergency protective measures, including rebuilding beach berms, monitoring water levels, operating pumping systems, and responding to flooding incidents;
6. The conditions present or threaten conditions of disaster or extreme peril to the safety of persons and property within the City and are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City and require or are likely to require the combined forces of other political subdivisions and agencies to com bat;
7. The City Council is not in session; and
WHEREAS, the City's published flood preparedness information identifies West Newport, the Balboa Peninsula, and Newport Bay as low-elevation areas vulnerable to flooding.
NOW, THEREFORE, BE IT PROCLAIMED that a local emergency exists within the City of Newport Beach because of coastal flooding, high surf, and elevated ocean water levels associated with Tropical Storm Rachel.
PURSUANT TO THIS PROCLAMATION, THE DIRECTOR OF EMERGENCY
SERVICES HEREBY ISSUES THE FOLLOWING EMERGENCY ORDERS AND REGULATIONS:
Pursuant to California Government Code section 8634 and Newport Beach Municipal Code sections 2.20.060 and 2.20.070, the Director of Emergency Services hereby promulgates and issues the following emergency orders and regulations:
1. Temporary Closure of Streets and Public Rights-of-Way. The Police Chief, Fire Chief, Public Works Director, and Director of Emergency Services, or their respective authorized designees, are authorized to temporarily close and restrict vehicular or pedestrian access to public streets, alleys, sidewalks, boardwalks, plazas, and other public rights-of-way where flooding, high surf, stormwater accumulation, debris, erosion, or other storm-related conditions present or are reasonably anticipated to present a substantial threat to public health or safety, or where such restrictions are necessary to faci litate emergency response or flood mitigation operations.
2. Emergency Parking Restrictions. The Police Chief, Public Works Director and Director of Emergency Services, or their authorized designees, are authorized to temporarily prohibit parking, stopping or standing on designated streets and public parking areas when 3 necessary to protect persons or property, maintain emergency access, facilitate pumping or flood mitigation operations, or prevent interference with emergency personnel and equipment.
3. Closure of Beaches and Coastal Public Areas. The Police Chief, Fire Chief, Public Works Director, and Director of Emergency Services, or their respective authorized designees, may temporarily close and restrict access to designated portions of City beaches, piers, boardwalks, coastal accessways, and other public recreational areas where high surf, coastal flooding, strong currents, erosion, debris, or related storm conditions present or are reasonably anticipated to present a substantial danger to persons or property.
4. Prohibition on Entry into Closed Areas. No person shall knowingly enter or remain within an area closed pursuant to a lawful emergency order after receiving notice of the closure through posted signs, barricades, public announcements, or direct instructions from authorized emergency personnel, except as expressly authorized by the City.
5. Emergency Evacuations. The Police Chief, Fire Chief, and Director of Emergency Services, or their authorized designees, may issue evacuation warnings or orders for specifically identified areas when necessary to protect life and safety.
6. Removal or Relocation of Vehicles. Vehicles parked or left standing in violation of applicable emergency closure restrictions, that are obstructing emergency access or flood mitigation operations, or creating a traffic or public safety hazard may be removed or relocated in accordance with the California Vehicle Code.
7. Emergency Protective Measures. City personnel and authorized contractors may undertake emergency protective measures, including removal of debris, pumping of floodwaters, construction and maintenance of temporary protective barriers, and protection or restoration of public infrastructure.
8. Public Notice and Implementation. All emergency orders set forth above, including subsequent modifications and rescissions, shall be issued in writing and given widespread publicity and notice as required by California Government Code section 8634 and Newport Beach Municipal Code section 2.20.070. The City shall use appropriate available means of communication, which may include emergency notification systems, the City's official website, social media, news releases, posted signs, barricades, electronic message boards, and direct notification to affected persons or properties. Notices shall identify the affected area, the nature of the restriction, and when it is effective.
9. Exceptions: The orders set forth herein 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.
10. Enforcement. A violation of any of the above emergency orders and regulations shall be unlawful and punishable as an infraction or a misdemeanor in accordance with Chapter 1.04,
2.20, Section 2.20.100 of the Newport Beach Municipal Code and other applicable law. 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.
11. Mutual Aid, Emergency Procurement and Contracting. Pursuant to Chapter 2.20, Section 2.20.070(C) of the Newport Beach Municipal Code and other applicable law, the Director of Emergency Services is authorized, to activate mutual aid agreements and obtain and contract for 4 emergency services, equipment, materials, supplies, construction, repairs, and other resources reasonably necessary to protect life and property and respond to the emergency.
13. Effective. This proclamation is in effect beginning at 12:30 p.m. on October 9, 2026, and shall continue in full force and effect until rescinded or amended, or until the local emergency is proclaimed terminated.
14. City Council Ratification and Review. This proclamation and the emergency orders issued hereunder shall be submitted to the City Council for ratification and confirmation at the earliest practicable time, but in no event more than seven days after issuance, in accordance with Newport Beach Municipal Code Sections 2.20.060 and 2.20.070 and California Government Code Section 8630. The City Council shall thereafter review the continued necessity of the local emergency as required by law.
Dated: October 9, 2026
Seim one Jurjis, Director of Emergency Services
City of Newport Beach
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