Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager(�#�')
FOR: City Council Meeting of September 25, 2023
SUBJECT: Extending the Existence of a Local Emergency Due to Tropical Storm Hilary; Adoption of Resolution No. 2023-49, Declaring that the Public Interest and Necessity Demand the Immediate Expenditure of Public Money to Safeguard Life, Health and Property, Pursuant to Section
2.24.130(1) of the Yucaipa Municipal Code
RECOMMENDATION:
That the City Council:
1. Review the need to continue the local emergency, thereby recognizing the continued existence of perilous conditions as a result of the 2023 Tropical Storm Hilary, and direct staff as deemed appropriate; and
2. Adopt Resolution 2023-49 authorizing the emergency spending related to Tropical Storm Hilary.
2022 SEPTEMBER STORM BACKGROUND/DISCUSSION:
On Sunday, August 20, 2023, the Yucaipa City Manager Chris Mann proclaimed a local emergency due to Tropical Storm Hilary in Yucaipa and surrounding communities. The storm which was caused by remnants of Tropical Storm Hilary produced conditions of extreme peril to the safety of persons and property within the City of Yucaipa, in the form of infrastructure damage, from extreme weather including intense rain, wind, flooding and debris flow.
On August 20, 2023, the County of San Bernardino also declared a County -Wide, local emergency due to the storm and on August 19, 2023, the State of California pre-emptively proclaimed a state of emergency in several counties including County of San Bernardino.
At the August 24, 2023, Special City Council meeting, Council adopted Resolution No. 2023-43, ratifying the proclamation of the existence of a local emergency by the City Manager.
Post storm assessments were conducted in the burn areas and debris basins to identify on -site and downstream threats to public health or safety from landslides, debris flow, flooding, road hazards
and other post -fire related concerns, as well as to determine measures to prevent or mitigate identified threats.
As a direct result of the tropical storm, several areas within the City were impacted, requiring emergency work, for Oak Glen Road, Casa Blanca and Pendleton Road. Staff is developing cost estimates for this required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work is anticipated to address approximately 100,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen Creek Basin system sustained approximately 50,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District, will need to be removed.
Pursuant to Yucaipa Municipal Code Section 8.36.160, the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency.
On August 28, 2023, the City Council approved to cancel the October 9, 2023 City Council meeting. Staff is hereby requesting the City Council waive the fourteen (14) day requirement for review and extend this Local Emergency until City Council can review it at the next regular Council meeting on October 23, 2023.
Such declaration facilitates the City's response to combat perilous conditions by providing limited immunity for emergency actions of public employees and governing bodies, authorizing the issuance of orders and regulations to protect life and property, and activating pre -established local emergency provisions.
FISCAL IMPACT:
The adoption of Resolution 2023-49 will direct the Purchasing Officer of the City of Yucaipa expend amounts required by the emergency. Any amounts expended under this emergency will be reported to the City Council as they are identified.
Attachment:
1. Resolution No. 2023-49
Approved by:
ATTACHMENT 1
RESOLUTION NO.2023-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY DEMAND THE IMMEDIATE EXPENDITURE OF PUBLIC
MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY,
PURSUANT TO SECTION 2.24.130(1) OF THE YUCAIPA MUNICIPAL CODE
WHEREAS, on August 20, 2023, as a result of the emergency situation created by Tropical Storm Hilary, the City Manager proclaimed a local state of emergency; and WHEREAS, on August 24, 2023, the City Council ratified the City Manager's proclamation of the existence of a local emergency, in accordance with City of Yucaipa Municipal Code Section 8.36.075 and State law; and
WHEREAS, Tropical Storm Hilary caused debris flows and flooding, which pose a serious threat to the health and safety of residents of the City of Yucaipa; and WHEREAS, the expenditure of public money on public works requires, in summary, a notice of bids and the contracting of work to the bidder submitting the lowest responsive bid; and WHEREAS, in order to address the emergency situation arising from the effects of Tropical Storm Hilary, the City of Yucaipa must immediately enter into various agreements for the expenditure of money, including expenditures associated with erosion control measures, grading, desilting/debris basin construction and repair of drainage facilities at various locations throughout the City; and
WHEREAS, Section 2.24.130(I) of the Yucaipa Municipal Code permits the City Council to direct the purchasing officer of the City to expend any sum required in an emergency, with no further compliance with the public contract procedure contained in Section 2.24.130, upon approval of a resolution, by four -fifths vote, declaring that public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. Public interest and necessity demand the immediate expenditure of public money, including expenditures associated with erosion control measures, grading desilting/debris basin construction and drainage system repairs at various locations throughout the City, made necessary by the potential effects of Tropical Storm Hilary, in order to safeguard life, health and safety, in accordance with Section
2.24.130(1) of the Yucaipa Municipal Code.
Section 2. The purchasing officer of the City of Yucaipa is hereby directed to expend any sum required by the emergency, with no further compliance with Section 2.24.130.
Section 3. This Resolution was passed by a four -fifths vote of the City Council.
Section 4. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 25th day of September, 2023.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk