AGENDA
ITEM NO.
7 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
7 CITY COUNCIL
AGENDA STAFF REPORT
DATE: August 25, 2023
Mayor and City Council
PREPARED BY: Esperanza Colio Warren, City Manager
SUBJECT: Adopt Resolution No. 2023-60 Ratifying and Declaring a Local Emergency Related to Hurricane/Tropical Storm Hilary.
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Recommendation:
Adopt Resolution No. 2023-60 Ratifying and Declaring a Local Emergency Related to Hurricane/Tropical Storm Hilary
Background:
Last week, the U.S. National Hurricane Center predicted a historic rainfall and potential significant flooding event in the Southwest United States due to tropical storm. The tropical depression, since named "Hurricane/Tropical Storm Hilary" crossed the border into the United States on Sunday, August 20, 2023. Meteorologists predicted the storm would bring heavy rainfall to the southwestern United States, resulting in 3 to 6 inches in places, with isolated amounts of up to 10 inches in portions of southern California. On August 19, 2023, Governor Newsom proclaimed the existence of a state-wide emergency due to the expected impacts from Hurricane Hilary and, among other acts, ordered the California Office of Emergency Services (CalOES) to aid local governments in counties and cities located in Southwest United States pursuant to the California Disaster Assistance Act (California Government Code, Section 8680 et. seq.) ("State Proclamation").
On Saturday August 19, 2023, the City of Calexico Director of Emergency Services (City Manager) determined that circumstances of extreme peril to public safety were severe in the City of Calexico. As a result, the Director, signed a proclamation declaring a local emergency related to the impacts created by Hurricane/Tropical Storm Hilary.
Discussion & Analysis:
Calexico Municipal Code section 2.36.060(A)(1) empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is exposed to an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session. The declaration must be ratified and extended within seven (7) days of its issuance.
The City Manager respectfully requests the city council to adopt a resolution of the City Council of the City of Calexico California ratifying and declaring a local emergency related to Hurricane/Tropical Storm Hilary.
Fiscal Impact:
There is no fiscal impact concerning the adoption of a resolution ratifying a local emergency.
Coordinated With:
City Manager,
City Attorney
Attachments):
Resolution
City of Calexico Proclamation of the Existence of a Local Emergency Hurricane Hilary issued by the Director of Emergency Services on August 19, 2023 2 FOR
CAL
CITY OF CALEXICO
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
HURRICANE HILARY
August 19, 2023
WHEREAS, Calexico Municipal Code section 2.36.060(A)(1) empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is exposed to an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session; and WHEREAS, the City Manager, as Director of Emergency Services of the City of Calexico, does hereby find that:
1. Threatened existence of conditions of extreme peril to the health and safety of persons in Calexico are present as a result of Hurricane Hillary; and
2. The U.S. National Hurricane Center predicted will bring "catastrophic" flooding for the Baja peninsula and for the southwestern United States; and
3. Hurricane Hilary is forecast to cross the border into the United States as a tropical storm on Sunday, August 20, 2023; and
4. Meteorologists expect the storm to bring heavy rainfall to the southwestern United States, resulting in 3 to 6 inches in places, with isolated amounts of up to 10 inches in portions of southern California; and
5. The U.S. National Hurricane Center issued tropical storm and potential flood warnings for Southern California from the Pacific coast to interior mountains and deserts; and
6. Experts forecast flash floods, mudslides, isolated tornadoes and wind damage to Southern California; and
7. A proclamation of a local emergency will assist in a coordinated public safety response to protect lives and property, coordinate and mitigate public services that may be disrupted from this emergency, and mitigate any other effects of this emergency on the residents, businesses and visitors in the City; and 99999.91145\41580421.1
8. Under California Government Code section 8630(b) and Calexico Municipal Code section 2.36.060(A)(1), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED, that a local emergency now exists throughout the City; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of the City of Calexico; and
IT IS FURTHER PROCLAIMED AND ORDERED that, without limiting the nature of the foregoing, the City Manager, as Director of Emergency Services, is empowered:
Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and
(B) Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; and (C) Require emergency services of any City officer or employee and, in the event of the proclamation of a state of emergency in Imperial County or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of her duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; and
(D) Requisition necessary personnel or material of any City department or agency; and
Execute all of her ordinary power as City Manager, all of the special powers conferred upon her by Calexico Municipal Code Chapter 2.36 or by resolution or emergency plan pursuant to that chapter adopted by the City Council, all powers conferred upon her by any statute, by any agreement approved by the City Council, and by any other lawful authority; and
(F) Request the Governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; and
(G) Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of Calexico Municipal Code Chapter 2.36; and 99999.91145141580421.1
(H) Direct cooperation between and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them; and
(1) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 2.36.010.
August 19, 2023
Esperanza Colio Warren
City Manager/ Director of Emergency Services
APPROVED AS TO LEGAL FORM
BEST BEST & KRIEGER:
Jeffrey S. Ballinger, City Attorney
9999441580421.1
RESOLUTION NO._
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO,
CALIFORNIA RATIFYING AND DECLARING A LOCAL EMERGENCY
RELATED TO HURRICANE/TROPICAL STORM HILARY
WHEREAS, the California Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630 such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
WHEREAS, Calexico Municipal Code section 2.36.60(A)(1) empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when there is an actual or threatened existence or conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session; and
WHEREAS, the Director of Emergency Services determined that the circumstances of extreme peril to public safety, as described below, are so severe and require immediate remedial action and adopted a proclamation declaring a local emergency related to the impacts created by Hurricane/Tropical Storm Hilary on August 21, 2023; and WHEREAS, the Proclamation issued by the Director of Emergency Services determined that:
1. Threatened existence of conditions of extreme peril to the health and safety of persons in Calexico are present as a result of Hurricane Hillary; and
2. The U.S. National Hurricane Center predicted will bring "catastrophic" flooding for the Baja peninsula and for the southwestern United States; and
3. Hurricane Hilary crossed the border into the United States as a tropical storm on Sunday, August 20, 2023; and
4. Meteorologists expect the storm to bring heavy rainfall to the southwestern United States, resulting in 3 to 6 inches in places, with isolated amounts of up to 10 inches in portions of southern California; and
5. The U.S. National Hurricane Center issued tropical storm and potential flood warnings for Southern California from the Pacific coast to interior mountains and deserts; and
6. Experts forecast flash floods, mudslides, isolated tornadoes, and wind damage to Southern California; and
7. The City of Calexico suffered damage from the impacts of the Hurricane, including but not limited to fire, flood, torrential rain, and wind; and
8. A proclamation of a local emergency will assist in a coordinated public safety response to protect lives and property, coordinate and mitigate public services that may be disrupted from this emergency, and mitigate any other effects of this emergency on the residents, businesses, and visitors in the City; and
9. Under California Government Code section 8630(b) and Calexico Municipal Code section 2.36.60(A)(1), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect.
WHEREAS, on August 19, 2023, in addition to the City's Proclamation, California Governor Gavin Newsom proclaimed the existence of a state-wide emergency due to the impacts expected from Hurricane Hilary and, among other acts, ordered the California Office of Emergency Services to provide assistance to local governments in Imperial County pursuant to the California Disaster Assistance Act (California Government Code, Section 8680 et. seq.) ("State Proclamation"); and
WHEREAS, the City Council of the City of Calexico wishes to ratify and extend the proclamation of local emergency in order to continue the coordinated public service response to the impacts created by Hurricane/Tropical Storm Hilary and authorize the City to seek reimbursement from federal and state sources for clean-up and remediation costs.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Calexico that it is hereby extending the Proclamation of Local Emergency adopted on August 19, 2023 by the Emergency Services Director; and
BE IT FURTHER RESOLVED that the City Council shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant; and
BE IT FURTHER RESOLVED that during the existence of said local emergency, the powers, functions, and duties in response to the local emergency shall be those prescribed by state law, ordinances, and resolutions of the City.
PASSED, APPROVED AND ADOPTED at a special meeting of the City Council of the City of Calexico held on the 25th day of August 2023, by the following roll call vote:
Raul Urena, Mayor
City of Calexico
ATTEST:
Veronica L. Alvarado, Interim City Clerk
City of Calexico
APPROVED AS TO FORM:
Carlos Campos, City Attorney
City of Calexico