AGENDA
ITEM
4 AGENDA
CALEXICO California ITEM
COUNTY WHERE CALIFORNIA AND MEXICO MEET
4 CITY COUNCIL
AGENDA STAFF REPORT
DATE: January 24, 2024
TO: Mayor and City Council
APPROVED BY:
PREPARED BY: Esperanza Colio Warren, City Manager
SUBJECT: Adopt Resolution No. _ Ratifying and Declaring a Local Emergency Related to the January 22, 2024 Rain Event
Recommendation:
Adopt Resolution No. Ratifying and Declaring a Local Emergency Related to the January 22, 2024 Rain Event
Background:
On January 22, 2024, an intense storm system passed through the region resulting in extensive rainfall and consequent flooding, severely impacting the New River and the New River Improvement Project. The storm's timing was critical as it coincided with the City's work on a state-funded effort to increase the New River's flow and improve water quality. The City continues to monitor the situation and assess the ongoing impacts caused by the hazardous flooding affecting the New River and New River Project.
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 to do so. 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 the January 22, 2024 Rain Event.
Fiscal Impact:
There is no fiscal impact concerning the adoption of a resolution ratifying a local emergency.
Coordinated With:
City Manager,
City Attorney
Attachments):
1) Resolution
2) City of Calexico Proclamation of the Existence of a Local Emergency January 22, 2024 Rain Event issued by the Director of Emergency Services on January 23, 2024 2 RESOLUTION NO. _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALEXICO, CALIFORNIA, RATIFYING AND DECLARING
A LOCAL EMERGENCY RELATED TO THE JANUARY 22,
2024 RAIN EVENT
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 2.56.60 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 severe storm and rainfall on January 22, 2024 has led to flooding and the inundation of water and wastewater from Mexicali, Mexico into New River as it crosses into the City of Calexico, subsequently threatening public health and the environment; and WHEREAS, the Director of Emergency Services determined that the rain event has created circumstances of extreme peril to public safety requiring immediate remedial action and adopted a proclamation declaring a local emergency on January 23, 2024 related to the impacts arising from severe storms and rainfall causing flooding and inundation of water from Mexicali, Mexico into the New River and thereby threatening public health and the environment; and WHEREAS, the City of Calexico is currently engaged in a three-part project funded by state grants aimed at addressing the flow and quality of water in the New River, involving the construction of a debris screen, the undergrounding of the river to bypass residential neighborhoods, and the rerouting of cleaner water from the city's wastewater treatment plant ("New River Improvement Project"); and
WHEREAS, the emergency conditions brought forth by the rain event have caused hazardous flooding and have negatively impacted the New River and the New River Improvement Project; and
WHEREAS, the City continues to monitor the negative impacts of the rain event as all damage has yet to be assessed and reported; and
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WHEREAS, the City Council acknowledges these conditions have created and continue to create an environment of disaster and extreme peril to the safety of persons and property within the City of Calexico; and
WHEREAS, Government Code section 8630(b) and Calexico Municipal Code section
2.36.060(A)(1) mandate that a local emergency, once proclaimed, must be ratified by the City Council within seven (7) days to remain in effect; and
WHEREAS, the City Council of the City of Calexico desires to ratify the aforementioned Proclamation of Local Emergency to ensure ongoing coordinated response to the impacts created by severe storms and authorize the City to seek necessary assistance and reimbursement from federal and state sources.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Calexico as follows:
1. The Proclamation of Local Emergency declared by the City Manager on January 23, 2024 is hereby ratified.
2. City will continue to assess the situation and utilize available resources to address the emergency conditions and coordinate response and recovery efforts.
3. The City Council shall review the necessity of 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.
4. All departments and agencies of the City are hereby directed to take all necessary actions to mitigate the local emergency and are authorized to seek assistance and funding from state and federal entities to aid in the response and recovery from this emergency.
5. 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 24* day of January 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Gloria Romo, Mayor
City of Calexico
ATTEST:
Veronica L. Alvarado, City Clerk
City of Calexico
APPROVED AS TO FORM:
Carlos Campos, City Attorney
City of Calexico
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DocuSign Envelope ID: 2BB7A70D-899F-4933-8E2C-BA5F8CBE9AFD NICO
000°
IMPERIA
ATIONAL
CITY OF CALEXICO
PROCLAMATION OF A LOCAL EMERGENCY
JANUARY 22, 2024 RAIN EVENT
January 23, 2024
WHEREAS, California Government Code section 8630 and Calexico Municipal Code section 2.36.060(A)(1) empower the City Manager, as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the City of Calexico and the City Council is not in session; and
WHEREAS, at the time of this proclamation the City Council of Calexico has adjourned to their next scheduled session; and
WHEREAS, the severe storm and rainfall on January 22, 2024 has led to flooding and the inundation of water and wastewater from Mexicali, Mexico into the New River as it crosses into the City of Calexico, subsequently threatening public health and the environment; and WHEREAS, the City of Calexico is currently engaged in a three-part project funded by state grants aimed at addressing the flow and quality of water in the New River, involving the construction of a debris screen, the undergrounding of the river to bypass residential neighborhoods, and the rerouting of cleaner water from the city's wastewater treatment plant ("New River Improvement Project"); and
WHEREAS, the emergency conditions brought forth by the rain event have caused hazardous flooding and have negatively impacted the New River and the New River Improvement Project; and
81211.00100\41971398.1
DocuSign Envelope ID: 2BB7A70D-899F-4933-8E2C-BA5F8CBE9AFD WHEREAS, these conditions have created and continue to create an environment of disaster and extreme peril to the safety of persons and property within the City of Calexico; and WHEREAS, under the provisions of Government Code section 8558(b), conditions of extreme peril to the safety of persons and property have arisen within the City of Calexico due to the toxic flooding caused by these storms; and
WHEREAS, the City continues to monitor the negative impacts of the rain event as all damage has yet to be assessed and reported; and
WHEREAS, these emergency conditions require response services and recovery operations that exceed the control of local resources, services, personnel, equipment, and facilities; and
WHEREAS, such conditions warrant and necessitate the proclamation of a local emergency which 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 WHEREAS, Under California Government Code section 8630(b) and Calexico Municipal Code section 2.56.060(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 currently exists within the City of Calexico due to hazardous flooding from the January 22, 2024 Rain Event as of the date of this proclamation.
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the City Manager and designated personnel shall have the powers, functions, and duties prescribed by state law, the Calexico Municipal Code, and as described below to mitigate the effects of said local emergency to ensure the safety and protection of lives and property in Calexico:
(A) 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
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DocuSign Envelope ID: 2BB7A70D-899F-4933-8E2C-BA5F8CBE9AFD (D) Requisition necessary personnel or material of any City department or agency; and
(E) 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
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; 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 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
(I) Represent the City in all dealings with public of private agencies on matters pertaining to emergencies as defined in Section 2.36.010.
IT IS FURTHER PROCLAIMED AND REQUESTED that a copy of this proclamation be forwarded to the Governor of California with urgency to request state and federal assistance, including but not limited to California Disaster Assistance Act (CDAA) funding.
IT IS FURTHER PROCLAIMED AND ORDERED that this state of local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Calexico.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Calexico to be affixed on this day of January 23, 2024.
Esperanza Colio Warren
City Manager/Director of Emergency Services
APPROVED AS TO LEGAL FORM
BEST BEST & KRIEGER:
DocuSigned by:
ampos. City Attorne
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