City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: February 20, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-05 Ratifying a Proclamation of the Existence of a Local Emergency Due to Winter Storms/Atmospheric River
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2024-05, A Resolution of the City Council of the City of Gonzales Ratifying a Proclamation of the Existence of a Local Emergency Due to 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 that require the combined forces of other political subdivisions to combat.
Beginning on February 3, 2024, severe winter storms related to a series of atmospheric river systems struck California, bringing high winds, substantial precipitation, and river and urban flooding. It is anticipated that additional storms related to atmospheric river systems will continue to threaten California in the coming weeks, bringing heavy rainfall, flooding, strong winds and wind gusts, falling debris, downed trees, and power outages. These storms continue to threaten critical infrastructure, movement of resources, pose a risk of potential power outages to households and businesses, and have caused and continue to threaten river and urban flooding due to excessive and prolonged rainfall.
As a result of these weather conditions, on February 4, 2024, Monterey County Administrative Officer Sonia M. De La Rosa issued a Proclamation of Local Emergency in Monterey County due to the impacts associated with the atmospheric event that commenced on February 3, 2023. Among other adverse AGENDA
ITEM
15 weather impacts, the Proclamation references heavy rainfall, strong winds and mudslides that threaten residents, property, critical infrastructure and transportations systems, and peril to the safety of persons and property due to flooding in and around the Salinas River. The Proclamation goes on to say that the referenced conditions have the potential to create circumstances that are beyond the control of local personnel and related equipment and facilities, thus requiring the assistance of combined forces from other political subdivisions within the State to meet local and regional needs.
Locally, on February 5, 2024, the Gonzales City Council was compelled to adopt a resolution declaring an emergency authorizing the City to dispense with normal contracting procedures and to immediately commence repairs and work in an amount not to exceed $250,000 in order to address potential percolation problems in the disposal fields at the City’s Wastewater Treatment Plant. These problems, which have been exacerbated by storm conditions and rainfall, have the potential to lead to overtopping and uncontrolled discharge of treated wastewater if left unattended. In addition to this threat, the City incurred significant expenses for many hours of overtime expended to monitor Wastewater Treatment Plant conditions and to properly prepare for potential storm related harms at the Plant and elsewhere throughout the City. Additional storms, forecast to commence on or around February 14, 2024, are anticipated to bring similar adverse weather conditions and attendant dangers and operational threats.
Under the circumstances described above, City Manager Carmen Gil, in her position as the City’s Director of Emergency Services (as authorized per Gonzales City Code Section 2.08.040) issued a “Proclamation of Existence of Local Emergency” on February 14, 2024, stating that conditions of potential extreme peril to the safety of persons and property have arisen in Gonzales caused by winter storms. Such action was recommended for all cities in Monterey County by Supervisor Chris Lopez at a briefing on February 12, 2024. 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. Among other matters, the Proclamation will help facilitate coordination of local, state and federal resources to address storm impacts and damages and may enable the City to seek reimbursement for the cost of efforts to prevent and deal with such impacts.
REVIEW AND ANALYSIS
Per Government Code Section 8630 and Gonzales City Code Section 2.08.040, the City’s Proclamation of Existence of Local Emergency must be ratified by the City Council within seven days of issuance in order to remain in full force and effect. Based on the matters set forth above, City Manager Gil is recommending that the City Council ratify the Proclamation by adoption of the offered resolution.
Ratification of the Proclamation will confirm the factual basis for the declaration of emergency, and indicate that in light of the fact that local resources have the potential to be overwhelmed by winter storm/atmospheric river impacts, declaration of a 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, to coordinate control efforts required by federal, state and local entities, and to qualify for federal and state relief as may be available to reimburse the City for expenses it incurs in addressing this emergency. This proclamation places the City in the best position to have maximum access to resources and funds while emergency storm conditions continue.
Per Government Code Section 8630, the Council will be required to review the need for the continuing local emergency at least once every sixty (60) days until the Council terminates the local emergency.
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The work contemplated in the City’s Proclamation and Resolution ratifying the same are exempt from analysis under the California Environmental Quality Act per CEQA Guidelines Section 15269- Emergency Projects.
ALTERNATIVES
Do not adopt Resolution No. 2024-05. This action is not recommended as it will not assist the City in preparing and covering costs associated with responding to winter storm impacts.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2024-05, A Resolution of the City Council of the City of Gonzales Ratifying a Proclamation of the Existence of a Local Emergency Due to Winter Storms/Atmospheric River.
Attachments:
1. County's Proclamation - Exhibit A
2. City's Proclamation - Exhibit B