Attachment A
Resolution
RESOLUTION NO. 2026_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY DUE TO KING
TIDES AFFECTING LOW-LYING AND HARBOR FRONT
PROPERTIES AND ADOPTING EMERGENCY ORDERS
AND REGULATIONS
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 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, California Government Code Sections 8558 and 8630 and Newport Beach Municipal Code Section 2.20.060 authorize the City Council to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property exist or are threatened within the City;
WHEREAS, unusually high astronomical tides, commonly known as King Tides, together with elevated Newport Bay water levels along with unstable weather, tides and surf/swell associated with El Nino, threaten flooding and inundation of streets, sidewalks, seawalls, waterfront and non-water front parcels, public facilities, and other public and private property, particularly along the Balboa Peninsula, Balboa Island, Finley Tract, Newport Island and other low-lying areas within the City of Newport Beach; WHEREAS, based upon information available to the City Council, unusually high astronomical tides on or about October 25th - 29th, 2026, may cause flooding in lowlying areas including, but not limited to, the Balboa Peninsula, Balboa Island, Finley Tract, and Newport Island within the City of Newport Beach;
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WHEREAS, the severity and magnitude of the emergency conditions associated with King Tides may exceed the City's available resources and capabilities to effectively respond to and recover from the disaster;
WHEREAS, the threatened King Tides flooding requires or may require immediate procurement of materials, supplies, equipment, construction services, and other resources to protect life, property, and essential public services; WHEREAS, the rapidly changing tidal conditions may require immediate construction, repair, maintenance, restoration, and other emergency work, including placement and reinforcement of seawall protective devices, temporary flood barriers, sandbags, and pumping and drainage facilities, removal of obstructions, and protection of public infrastructure, 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 2.20.0?0(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 jurisdictions, special districts, and other public or private agencies to protect life and property and maintain 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;
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WHEREAS, the City must coordinate emergency preparedness and flood mitigation measures with applicable county, state, and federal agencies as warranted by the circumstances;
WHEREAS, California Government Code Section 8634 authorizes the promulgation of orders and regulations necessary to provide for the protection of life and property during a local emergency, subject to the requirements of that section; WHEREAS, flooding in these low-lying areas may obstruct emergency access and require temporary parking restrictions, street closures, deployment of flood barriers, pumps and sandbags, and other emergency protective measures; WHEREAS, interference with seawall flood-protection devices, sandbags, temporary barriers, pumping equipment, and related protective measures may increase the risk of flooding to neighboring parcels and public infrastructure; WHEREAS, the City Manager has requested a proclamation of a local emergency pursuant to Newport Beach Municipal Code Section 2.20.060; and I
WHEREAS, these conditions threaten private waterfront properties, seawalls, adjacent parcels, public streets, sidewalks, drainage facilities, emergency access and other public infrastructure, and may require extraordinary emergency measures and coordinated response beyond ordinary City operations.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council finds that the conditions described above constitute or threaten conditions of disaster or extreme peril to the safety of persons and property within the City and hereby proclaims the existence of a local emergency arising from King Tides, particularly affecting Balboa Island, the Finley Tract, Newport Island, the Balboa Peninsula, and other low-lying coastal and harbor areas of the City. The local emergency is proclaimed throughout the territorial limits of the City of Newport Beach, and the emergency orders and regulations adopted herein shall apply wherever conditions associated with the emergency warrant their implementation, subject to the specific geographic limitations of each order or regulation. The proclamation shall take effect immediately upon adoption of this resolution.
Section 2: Pursuant to California Government Code Sections 8630 and 8634, Newport Beach Municipal Code Chapter 2.20, and Section 200 of the City Charter, the City Council hereby adopts and promulgates the following emergency orders and regulations, finding that such orders and regulations are necessary to protect life and Resolution No. 2026-
property, preserve public health and safety, and respond to the local emergency proclaimed in Section 1 of this resolution .
The emergency orders and regulations set forth below shall become effective upon widespread publicity and notice as required by California Government Code Section 8634 and Newport Beach Municipal Code Section 2.20.0?0(B) and shall remain in effect for the duration of the local emergency, unless amended or rescinded .
The City Manager, acting as Director of Emergency Services, and other authorized City Officials are hereby directed and authorized to implement, administer, and enforce these emergency orders and following regulations, consistent with applicable law.
1. Temporary Closure of Streets and Public Rights-of-Way. The Police Chief, Fire Chief, Public Works Director, and Director of Emergency Services 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 tidal flooding or 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 facil itate emergency response or flood mitigation operations.
2. Emergency Parking Restrictions. The Police Chief, Fire Chief, Public Works Director, and Director of Emergency Services, may close designated streets and public parking areas where parking, stopping, or standing is temporarily prohibited or restricted when 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 Hazardous Public Areas. The Police Chief, Fire Chief, Public Works Director, and Director of Emergency Services may temporarily close or restrict access to designated public areas where tidal flooding or storm related hazards present or are reasonably anticipated to present a substantial danger to persons or property.
4. Prohibition of 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, or Director of Emergency Services may issue evacuation warnings or orders for specifically identified areas when necessary to protect life and safety.
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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. Protection of Flood-Control and Seawall Devices. No person shall, without authorization from the City or the lawful owner or operator, remove, steal, vandalize, damage, destroy, disable, displace, alter, or otherwise interfere with any sandbag, temporary flood barrier, seawall flood-protection device, pump, drainage equipment, or other protective device or material installed or maintained to prevent or mitigate flooding , whether located on a seawall or elsewhere on public or private property. This prohibition does not prevent authorized maintenance, repair, replacement, or emergency response activities.
8. Protection of Adjacent and Public Property from Flooding. An owner, occupant, or person in control of a property within an area designated in writing by the Police Chief, Fire Chief, Public Works Director, or Director of Emergency Services shall, after receiving actual notice of a specific hazardous condition and direction to take reasonable protective action, take such action within the time specified in the notice. A notice shall only be issued by a City Official if the specific hazardous condition is reasonably likely to cause or materially contribute to flooding of adjacent private property or public property, including streets, sidewalks, rights-of-way, and publ ic facilities. Any direction from a City Official shall identify the condition, the time for compliance, and the reasonably necessary temporary emergency measures (such as taking action related to defective seawall barriers, openings, damaged flood-protection equipment, and drainage obstructions). No emergency measure shall be ordered by a City Official unless it is feasible, is a temporary measure (e.g., not permanent structural repairs) and designed to specifically address conditions related to this local emergency.
9. 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 its effective time.
10. Exceptions. These emergency orders and regulations shall not prohibit authorized City employees, contractors, police, fire, emergency services personnel, or property owners acting lawfully to install, maintain, repair, or remove their own protective measures.
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11. Enforcement. A violation of any of the above emergency orders and regulations shall be unlawful and punishable either through an administrative citation or as an infraction/misdemeanor in accordance with Chapters 1.04, 1.05, 2.20, Section 2.20.100 of the Newport Beach Municipal Code and other applicable laws. All peace officers are hereby authorized to enforce the above emergency orders and regulations.
Section 3. The City Manager, acting as Director of Emergency Services, and authorized City officials are directed to implement and publicize the foregoing orders, coordinate emergency response and flood-protection measures, document related expenditures, and seek available assistance consistent with applicable law. Pursuant to Chapter 2.20, Section 2.20.0?0(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 emergency services, equipment, materials, supplies, construction, repairs, and other resources reasonably necessary to protect life and property and respond to the emergency.
Section 4. This resolution and its emergency orders remain in effect until amended or rescinded , or until the City Council proclaims the local emergency terminated pursuant to Newport Beach Municipal Code Section 2.20.065. The City Council shall review the need for continuing the local emergency at the intervals required by California Government Code section 8630.
Section 5: The City Council hereby authorizes the City Manager, acting as Director of Emergency Services, to request that the Governor proclaim a State of Emergency pursuant to California Government Code Section 8625, request concurrence and financial assistance from the California Governor's Office of Emergency Services under the California Disaster Assistance Act, as well as financial assistance from the federal government. The City Manager is hereby authorized and directed to prepare and submit all necessary requests, damage estimates, applications, and supporting documentation for available state and federal disaster assistance and reimbursement.
The City Manager may designate appropriate City Officials to assist in carrying out these responsibilities.
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.
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Section 8: The City Council finds and determines that the proclamation of a 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 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: The City Council finds that there are threatened conditions of extreme peril that allow for the immediate proclamation of a local emergency. 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 19th day of October, 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
ATTORNEY'S O FICE
CA,-(_
A ro C. Harp
City Attorney
Lauren Kleiman
Mayor