City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: March 20, 2023
FROM: Michael Rodriquez, City Attorney
THROUGH: Trevin W. Barber, City Manager
SUBJECT: Resolution No. 2023-13 Local Emergency
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2023-13, A Resolution of the City Council of the City of Gonzales Ratifying a Proclamation of the Existence of a Local Emergency Due to Statewide Winter Storms/Atmospheric River.
BACKGROUND
The California Emergency Services Act (California Government Code sections 8639, 8550, et seq.) defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat.
Beginning on March 1, 2023, severe winter storms related to a series of atmospheric river systems, including the 2023 Pineapple Express, struck California, bringing high winds, substantial precipitation, and river and urban flooding. It is anticipated that additional storms related to a series of atmospheric river systems will continue to threaten California, bringing heavy rainfall, flooding, strong winds and wind gusts, falling debris, downed trees, and widespread power outages. Storms in March, which follow on the heels of the storms California experienced in December and January, have already forced the closure and caused damage to highways and roads, caused levee and culvert failures, and have necessitated mandatory evacuations in severely impacted counties. These storms, as well as new anticipated storms, continue to threaten critical infrastructure, movement of resources, pose a risk of potential power outages to thousands of households and businesses, and have caused and continue to threaten river and urban flooding due to excessive and prolonged rainfall.
AGENDA
ITEM
12 Governor Gavin Newsom found that conditions of extreme peril to the safety of persons and property exist due to these storms, and that these storm conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond.
As such, on March 8, 2023, Governor Gavin Newsom added Monterey County to his earlier March 1 proclamation of a state of emergency in California and issued a series of orders allowing for the use of state personnel, equipment, and facilities for the performance of any and all storm impact abatement and preparedness activities consistent with the direction of the Office of Emergency Services and the State Emergency Plan, and relief from a number of statutory mandates related to contracting and purchasing during said emergency. The Office of Emergency Services has also been directed to provide assistance to local governments, if appropriate, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
The Governor’s action was concurrent with a number of other storm-related actions. On March 9, 2023, the Monterey County Office of Emergency Services issued a proclamation of local emergency due to the impacts associated with the 2023 Pineapple Express winter storm/atmospheric river and placed a Flood Watch in effect. On March 9, Present Joseph R. Biden declared that an emergency exists in California and ordered Federal assistance to supplement State, tribal, and local response efforts due to emergency storm conditions.
On March 13, 2023, the National Weather Service updated their Flood Warning to advise that due to the impacts associated with the 2023 Pineapple Express winter storm/atmospheric river, the Salinas River crest is expected to exceed the January crest reaching Moderate flood status on Friday, March 17, 2023.
Under the circumstances described above, it is clear that the health, safety and welfare of the City of Gonzales’ residents, businesses, visitors, and staff has been endangered by the winter storms and the atmospheric river, and that additional future measures may be needed to protect the community.
REVIEW AND ANALYSIS
Based on the matters set forth above, on March 13, 2023, City Manager Trevin Barber, acting as the City’s Director of Emergency Service per Chapter 2.08 Emergency Services Organization of the Gonzales City Code (“GCC”), issued a Proclamation of Existence of Local Emergency,” stating that conditions of potential extreme peril to the safety of persons and property have arisen in Gonzales caused by winter storms. Said proclamation established the factual basis for such action and indicated that a Declaration of Local Emergency is necessary in order to allow the City to work with other local governmental entities to plan, prepare and engage resources necessary to respond to the threat posed by local weather conditions.
This proclamation places the City in the best position to have maximum access to resources and funds while emergency storm conditions continue.
GCC Section 2.08.040 B.1.a. provides that upon the issuance of a proclamation of this type, the City Council must take action to ratify the proclamation within seven days thereafter or the Proclamation shall have no further force or effect. Staff has prepared a resolution for Council consideration this evening ratifying the proclamation. If adopted, the resolution and its proclamation of an emergency shall take effect immediately. Staff has also added a provision to the resolution indicating that the emergency circumstances described in the City’s previous Resolution Proclaiming the Existence of a Local Emergency, dated January 10, 2023, are no longer in existence and have been superseded by the emergency conditions described above.
Explain Recommendation and How it Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small-town charm.
Explain: The proposed resolution will protect the City by providing the greatest amount of support available in dealing with the current storms and atmospheric rivers, including potential reimbursement for all efforts in preparing, mitigating, and repairing storm impact.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment, and resources necessary to provide excellent services that enhance the quality of life of our diverse community.
Explain: N/A
City services will be delivered in a cost-effective, respectful, and friendly manner to ensure the safety and wellbeing of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner.
Explain: N/A
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes No X N/A
• Housing Yes No X N/A
• Recreation Yes No X N/A
• Environment Yes No X N/A
• Education Yes No X N/A
Explain: See above.
ALTERNATIVES
The City could refrain from ratifying the Local Emergency Proclamation but such inaction could cost the City thousands of dollars in financial support available from a variety of sources, as well as deny the right to assistance from a multitude of federal and state service providers. As such, inaction is not recommended.
BUDGET IMPACT
None. However, the Proclamation may allow the City to be eligible to receive state and federal funding for expenses incurred responding to and recovering from winter storms.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2023-13, A Resolution of the City Council of the City of Gonzales Ratifying a Proclamation of the Existence of a Local Emergency Due to Statewide Winter Storms/Atmospheric River.
Attachments:
1. Resol No. 2023-13
2. Emergency Proclamation March 2023