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4 DATE: April 15, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Stefan Chatwin, City Manager
Benjamin L. Stock, City Attorney
DEPARTMENT: Administrative Services
SUBJECT: RATIFICATION OF PROCLAMATION OF LOCAL EMERGENCY
BY THE CITY MANAGER RELATED TO MAJOR DAMAGE TO
MAIN WATER PIPELINE
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution ratifying the Proclamation of Local Emergency issued by the City Manager of the City of Foster City related to major damage to the City’s main water pipeline.
EXECUTIVE SUMMARY
At approximately 8 a.m. on Sunday, April 7, 2024, a break in the City’s main water line was discovered along E. Third Avenue north of Foster City Boulevard. This break caused significant damage to the City’s water pipeline and it was determined that if the repair could not be made, the City’s water supply could be severely impacted. City staff responded immediately and began to locate and fix the leak but determined that outside resources were necessary. As a result of the conditions of disaster, the City Manager, in his capacity as Director of Emergency Services, determined that a “local emergency”1 existed and issued a Proclamation of Local Emergency on April 8, 2024.
Pursuant to Government Code section 8630(b), the City Council must ratify the Proclamation of Local Emergency within seven days of its issuance. 1 As that term is defined in Section 2.40.020 of the Foster City Municipal Code (“FCMC”).
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4 BACKGROUND
Government Code section 8630 and section 2.40.070 (A) of the FCMC empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City is affected or likely to be affected by an emergency. Whenever a local emergency is proclaimed, however, it cannot remain in effect for a period in excess of seven days unless it has been ratified by the governing body. Once a local emergency is proclaimed, the governing body of the local agency must review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency, which should occur at the earliest possible date that conditions warrant.
Public Contract Code 22050 and Chapter 3.04 of the FCMC provide that during an emergency, a public agency, may take immediate action required by that emergency to procure the necessary equipment, services and supplies without giving notice for bids to let contracts. Under Public Contract Code 22050 the governing body must review the Proclamation and need for continuing the emergency at every regular meeting and approve by a four-fifths vote until the emergency is terminated.
ANALYSIS
The City’s main water pipeline providing potable water to the City residents and businesses sustained major damage on April 7, 2024 resulting in significant loss of water to the City. On Monday, April 8, 2024, the City Manager, acting as Director of Emergency Services, determined that conditions of disaster to persons and property within the City were met due to the significant damage to the water pipeline that could impact water supply. At that time, the City was drawing water from its reserves and a connection to backup supply from Midpeninsula Water District was established and staff were monitoring use and storage levels while the repairs were being made. The conditions and the needed response were also determined to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the use of outside contractors to conduct emergency repairs.
As a result of the foregoing conditions, the City Manager issued a Proclamation of Local Emergency on April 8, 2024. (See Attachment 1). The City Clerk’s Office provided written notification of the Proclamation to the appropriate departments within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607.
Due to the diligent efforts of staff and the City’s contractor, the main water pipeline was repaired by the evening hours on April 8, 2024. As a result of the repair, service was restored to normal by 9 p.m. on April 8, 2024, and water reserve levels were replenished by end of day on April 10.
The City Council is now being asked to ratify the Proclamation of Local Emergency issued on April 8, 2024, so that the City may be potentially eligible to receive governmental aid for the emergency response. City staff is monitoring the repair and it 5 4
4 is anticipated that the Proclamation of Local Emergency may be terminated at the next regular meeting of the City Council on May 6, 2024, if there are no further issues with the pipeline.
California Environmental Quality Act
The ratification of the Proclamation is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately.
FISCAL IMPACT
The City has incurred certain costs in responding to the storm, including overtime for the Public Works, although the exact amount is yet to be determined.
Ratification of the Proclamation will facilitate the ability for the City to request resources including potential financial support and reimbursement from the State and other governmental agencies for costs incurred in response to this emergency.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Proclamation of Local Emergency