AGENDA REPORT
Meeting Date
October 13, 2026
Business
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SUBJECT: RATIFICATION OF LOCAL EMERGENCY PROCLAMATION ARISING FROM
TROPICAL STORM RACHEL SWELL CONDITIONS AND THE ANTICIPATED EL NIÑO STORM SEASON
RECOMMENDATION: It is recommended that the City Council:
1. Adopt the attached resolution ratifying the Proclamation of a Local Emergency, issued by the Director of Emergency Services on October 9, 2026 related to Tropical Storm Rachel, pursuant to Government Code section 8630(b) and Laguna Beach Municipal Code section 2.16.060; and terminating the prior local emergency declared on September 10, 2026 related to Hurricane Marie;
2. Direct the City Manager to return to the City Council at least once every 60 days to review the need for continuing the local emergency, and to recommend termination at the earliest date conditions warrant; an
3. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15378 because it is an organizational and administrative activity that will not result in a direct or indirect physical change to the environment, or in the alternative, that the proposed action is exempt from CEQA pursuant to State CEQA Guidelines Section 15269 (Emergency Projects).
Appropriation: Fund Name:
Submitted By:
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Approved:
Dave Kiff, City Manager
SUMMARY OF THE MATTER
This item would follow State law and the Laguna Beach Municipal Code in having the Laguna Beach City Council, as the governing body of the City of Laguna Beach, ratify the City Manager’s October 9, 2026 determination to proclaim a Local Emergency given the impacts of Tropical Storm Rachel and the anticipated El Niño storm season (“Proclamation”). (Attachment 1.) Staff recommends adoption of the attached resolution ratifying the Proclamation. (Attachment 2.) The California Emergency Services Act (Government Code sections 8550 et seq.) establishes, relevant here, the basis for a local emergency. Government Code section 8558(c) defines a “local emergency” as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within a city’s territorial limits, caused by conditions such as fire, flood, or storm, “which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision.” Government Code section 8630(b) provides that a local emergency proclaimed by a designated official “shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.” The Proclamation was issued on October 9, 2026 and therefore expires by operation of law on October 16, 2026. If the Proclamation lapses, the emergency contracting and cost-recovery authorities described below terminate with it, and a new proclamation would be required.
RATIFICATION OF LOCAL EMERGENCY PROCLAMATION ARISING FROM TROPICAL STORM RACHEL SWELL CONDITIONS AND THE ANTICIPATED EL NIÑO STORM SEASON
October 13, 2026
DISCUSSION
Tropical Storm Rachel & El Niño
The National Hurricane Center (“NHC”), administered through the National Weather Service as a branch of the National Oceanic and Atmospheric Administration (“NOAA”), issued several advisories commencing October 9, 2026, for Tropical Storm Rachel,1 a storm system off the coast of Mexico moving northwestward in the Pacific Ocean. As of 11:00 a.m. on October 9, 2026, NHC issued an advisory that Tropical Storm Rachel is expected to bring strong gusty winds, rainfall, life-threatening surf and rip current conditions, and coastal flooding through next week. NHC further advised that, starting on October 8, 2026, Tropical Storm Rachel, in conjunction with high tide and large swells, will produce dangerous beach conditions along the Southern California coastline, including in the City of Laguna Beach, which has resulted in significant sand movement and coastline erosion throughout the City that remains ongoing. It is expected that flooding in certain low-lying areas of the City will occur during high tide for approximately the next sixteen (16) days.
On September 10, 2026, NOAA's Climate Prediction Center (“CPC”) issued an El Niño Advisory finding a greater than 90% chance of a very strong El Niño during the fall and winter of 2026-27, with an approximately 69% probability that the event will exceed in intensity, every El Niño recorded since 1950, during the October through December 2026 season. The CPC seasonal outlook has raised the probability of above-normal precipitation to more than 50% across much of coastal California, conditions historically associated with damaging storms, and coastal flooding and erosion along the Laguna Beach shoreline.
Local Emergency Proclamation
On October 9, 2026, the Director of Emergency Services (the City Manager) found conditions of extreme peril to the safety of persons and property within the City of Laguna Beach as a result of the significant surf, rip currents, and sand movement from Tropical Storm Rachel, and further found that such conditions of disaster and extreme peril continue as certain City beaches, City infrastructure, and private property remain particularly vulnerable to additional coastal erosion, both immediately and as a result of the anticipated El Niño storm season, which may prevent restoration of sand on the City’s beaches and risk the continued erosion and exposure of such beaches, infrastructure, and private property.
The Director further found that Tropical Storm Rachel, exacerbated by the imminent threat of El Niño storm conditions, has necessitated, and is likely to continue to necessitate, the immediate procurement of equipment, materials, services, and construction work to protect life and property, including without limitation emergency shoreline and bluff protection, sand placement, debris removal, structural and geotechnical assessment, and the repair or replacement of damaged public facilities. Further, the delay associated with ordinary competitive solicitation, purchasing, and contracting procedures would imperil public health, safety, and property.
RATIFICATION OF LOCAL EMERGENCY PROCLAMATION ARISING FROM TROPICAL STORM RACHEL SWELL CONDITIONS AND THE ANTICIPATED EL NIÑO STORM SEASON
October 13, 2026
Accordingly, the Director issued the Proclamation and declared a local emergency for the following areas:
Main Beach, Aliso Beach, and the immediately adjacent properties, together with such other areas of the City as may be affected by the coastal erosion or sand movement from the Tropical Storm Rachel or the anticipated El Niño storm conditions.
Ratification of Proclamation
State law requires that any proclamation of a local emergency by an authorized individual, such as the City Manager per the City’s Municipal Code, must be ratified by the legislative body within seven (7) days of the date that the proclamation was entered. This agenda item asks the Laguna Beach City Council to discuss and consider ratification of the Proclamation (shown as Attachment 1). Staff further requests the City Council extend it for 60 days and direct staff to return before expiration of that period to evaluate a further extension or termination of the local emergency proclamation (unless the circumstances warrant earlier termination). It remains to be determined as to the duration of the emergency event, and staff is prepared to discuss this with the Council as we learn more and as events progress. Finally, staff requests the City Council terminate the prior local emergency declared on September 10, 2026 related to Hurricane Marie.
The proposed resolution (shown as Attachment 2) further directs the Director to take all steps warranted to evaluate the extent of the damage resulting from the local emergency and, if appropriate, to seek financial assistance, including but not limited to, through efforts with the County of Orange and/or the State of California, including through the California Disaster Assistance Act, if it has been identified that local resources are insufficient and the emergency situation is beyond the City’s capabilities.
FINANCIAL ANALYSIS
The City is evaluating the costs associated with emergency response and protective measures undertaken to date, as well as additional near-term costs estimated for further emergency protective measures and repairs. If appropriate, and as authorized by the attached Resolution, staff will pursue reimbursement through the County and/or State, including under the California Disaster Assistance Act, though certain expenses may be ineligible and no reimbursement is assured.
ENVIRONMENTAL ANALYSIS
The recommended action is not a project under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15378 because it consists solely of the City Council's consideration of the ratification of the City Manager/Director of Emergency Service’s declaration of a local emergency, which is an organizational and administrative activity that will not result in a direct or indirect physical change to the environment.
In the alternative, ratification of the Proclamation and the emergency actions taken pursuant to it are exempt from the California Environmental Quality Act under Public Resources Code section 21080(b)(4) and State CEQA Guidelines section 15269, which exempts emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare, and specific actions necessary to prevent or mitigate an emergency.
RATIFICATION OF LOCAL EMERGENCY PROCLAMATION ARISING FROM TROPICAL STORM RACHEL SWELL CONDITIONS AND THE ANTICIPATED EL NIÑO STORM SEASON
October 13, 2026
ATTACHMENTS
1. October 9, 2026 Proclamation of a Local Emergency by the Director of Emergency Services; and
2. Proposed Resolution Ratifying the October 9, 2026 Proclamation of a Local Emergency by the Director of Emergency Services
Report Prepared By:
Megan Garibaldi, City Attorney
Coordinated With:
Jane Abzug, Assistant City Attorney