CITY OF GONZALES
PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY
WHEREAS, 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 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; and
WHEREAS, Government Code Section 8630 empowers the City Council to designate by ordinance a local official with the power to proclaim a local emergency as defined by the California Emergency Services Act when the City Council is not in session; and WHEREAS, Chapter 2.08- Emergency Services Organization of the Gonzales City Code ("GCC'') establishes a broad set of powers and responsibilities associated with disasters, and provides that the City Manager is designated as the City's "director of emergency services'' with the powers and duties set forth in GCC Section 2.08.040, including but not limited to the authority to issue a proclamation of a threatened disaster or local emergency if the City Council is not in session; and WHEREAS, on February 4, 2024, Monterey County Administrative Officer Sonia M. De La Rosa issued a Proclamation of Local Emergency in Monterey County due to impacts associated with an atmospheric event commencing on February 3, 2024, that resulted in heavy rainfall, extremely strong winds, mudslides and coastal flood and high surf hazards causing damage to public infrastructure and private property within Monterey County; and
WHEREAS, the County and City have been alerted to another storm event that is expected to bring similar conditions to the County commencing on February 14, 2024; and WHEREAS, 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, exacerbated by storm conditions, that if left unattended could lead to overtopping and uncontrolled discharge of treated wastewater; and WHEREAS, as noted above, the City has already incurred significant expenses as a result of the February 4 atmospheric storm, as well as many hours of overtime expended to monitor Wastewater Treatment Plant conditions and properly prepare for potential stormrelated harms at the Plant and elsewhere in the City; and WHEREAS, the health, safety and welfare of the City of Gonzales' residents, businesses, visitors, and staff is of the utmost importance to the City, and additional future measures may be needed to protect the community; and
EXHIBIT B
WHEREAS, the City Manager of the City of Gonzales, acting as the City's Director of Emergency Services, does hereby find:
1. Conditions of potential extreme peril to the safety of persons and property have arisen within the City of Gonzales caused by winter storms commencing on or about the 3rd day of February 2024, and expected to continue through the week of February 12 and potentially beyond. These conditions include heavy rainfall and strong winds that threaten safe ingress and egress to homes and facilities, erosion and excessive transportation of sediment, flooding, perils to persons, private and city property, and city facilities in close proximity to the Salinas River, and operations failures at the City's Wastewater Treatment Plant.
2. That the City Council of the City of Gonzales is not in session and cannot immediately be called into session;
3. As contemplated in the California Emergency Services Act contained in Government Code Section 8550 et seq., including Section 8558(c), a local emergency exists because of the existence of conditions of disaster or of extreme peril to the safety of persons and property within the City of Gonzales caused by the aforesaid conditions, and the proclamation of a Local Emergency is necessary to enable the City and other local governmental entities to adequately plan, prepare and engage resources to be able to effectively respond to the threat posed by the afore-referenced winter storms/atmospheric river.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency is hereby declared on February 14, 2024, within the City of Gonzales. During the local emergency, the powers and duties of the City Manager and of the City Council shall be defined in state and federal law, and the ordinances, resolutions and approved plans of the City of Gonzales in order to mitigate the effects of said local emergency.
BE IT FURTHER PROCLAIMED AND ORDERED that this proclamation shall be transmitted to the City Council within seven (7) days of enactment for ratification, and this local emergency shall continue until terminated by further declaration of the undersigned or by resolution of the City Council.
SIGNED AND SUBSCRIBED on this 14th day of February 2024, at 4:55 p.m.
By:
Carmen Gil
Gonzales Director of Emergency Services