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4 DATE: May 6, 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: City Manager
SUBJECT: TERMINATION OF LOCAL EMERGENCY RELATED TO MAJOR
DAMAGE TO MAIN WATER PIPELINE
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution terminating the Proclamation of Local Emergency 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.
The main water pipeline was repaired by the evening hours on April 8, 2024 and water reserve levels have been replenished.
1 As that term is defined in Section 2.40.020 of the Foster City Municipal Code (“FCMC”).
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4 On April 15, 2024, the City Council ratified the Proclamation of Local Emergency pursuant to Government Code section 8630(b).
City staff has monitored the repair and there have been no further issues with the main water pipeline. Given that the conditions that caused the local emergency to be declared are resolved, it is recommended that the Council terminate the Proclamation of Local Emergency.
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, pursuant to a four-fifths vote of its governing body 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 local agency must review the need for continuing the emergency at every regular meeting 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.
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4 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 have been replenished.
The City Council ratified the Proclamation of Local Emergency at its Regular meeting on April 15, 2024 via City Resolution No. 2024-30.
City staff has monitored the repair since April 8, 2024 and there have been no further issues with the main water pipeline. Staff believes that the conditions that caused the local emergency to be declared are resolved and it is recommended that the Council terminate the Proclamation of Local Emergency (See Attachment 2).
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 main water pipeline break, including overtime for the Public Works staff and contractor costs.
The City may be able to request resources including 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