COMPLETED BOARD ORDER"�|E]L�24
Before the Board of Supervisors in and for the
County of Monterey, State of California
Resolution No. 12-027
Extend the County Administrative
Officer's Proclamation of Local Emergency
Dated November 16, 2011 4/5ths vote required)...
RECITALS:
WHEREAS, the California Emergency Services Act Government Code section 8630, et
seq.) establishes procedures for proclaiming emergencies and for responding promptly to the
needs that arise during emergencies; and
WHEREAS, Section 2.68.060 of the Monterey County Code and Section 8630 of the
Government Code empower the County Administrative Officer or his designee to proclaim the
existence of a local emergency when the County is affected by a public calamity and the Board
of Supervisors is not in session, subject, to confirmation of the Board of Supervisors; and
WHEREAS, Public Contract Code Sections 20134 and 22050 provide that when an
emergency as defined by Public Contract Code Section 1102 exists, the Board or an agency
officer so authorized by the Board, may proceed, through the use of day labor or contracts, or a
combination thereof, to replace or repair any and all structures as necessary to permit the
continued conduct of County operations or services, without giving notice for bids to let
contracts, provided that such action be approved by a 4/5ths vote of the Board and provided that
the Board makes a finding that the emergency will not permit a delay resulting from a
competitive solicitation for bids, and that the action is necessary to respond to the emergency;
and
WHEREAS, conditions of peril existed to the safety and well being of the residents
living along Scenic Road and adjoining neighborhoods on November 16, 2011 at which time the
Board of Supervisors of the County of Monterey was not in session; and
WHEREAS, during the weekend of November 11-13, 2011 conditions of high surf, light
rain and rising river levels at the Carmel River Beach Lagoon to 9.99 feet, with a sandbar
elevation above 12 feet the Lagoon would not self breach and flow to the sea. With additional
episodes of high surf and rain in the forecast for the upcoming week the threat of flooding of 32
homes and surrounding roadways, potable water delivery systems, sewer collection systems and
other. utility systems in the area was imminent, even after emergency sandbagging measures
undertaken by County Department of Public Works had been put in place; and
WHEREAS, the foregoing conditions were or were likely to be beyond the control of the
services, personnel, equipment and facilities of the County of Monterey and required the
combined forces of other political subdivisions to combat the conditions of extreme peril and
warranted and necessitated the proclamation of the existence of a local emergency and
immediate action to mitigate the effects of the local emergency. However, there was a condition
this year that no heavy equipment could be placed on the beach without the issuance of an
emergency permit by the U.S. Army Corps of Engineers stipulating the type of work and
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COMPLETED BOARD ORDER"�|E]L�conditions for the work that must be followed. With the Lagoon level at 10.05 feet and high
surf in the forecast, and a local emergency proclaimed by the County CAO, the emergency
permit was granted and issued, so that on November 16, 2011, emergency mitigation measures
could begin to prevent the flooding of the properties and utility systems. The mitigation work
would be carried out in accordance with the conditions of the emergency permit to prevent a
rapid outflow and potentially allow the Lagoon to open and close naturally.
WHEREAS, the Board of Supervisors finds that:
1. Conditions of extreme peril warranted and necessitated proclamation of the
existence of a local emergency by the County Administrative Officer; and
2. The County Administrative Officer of the County of Monterey did proclaim the
existence of a local emergency within the County on November 16, 2011; and
3. Emergency conditions will continue to exist, necessitating extension of this
emergency.
24
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that the
Proclamation of Existence of a Local Emergency as issued by the County Administrative Officer
on November 16, 2011, and the execution of emergency contracts and emergency actions taken
to respond to the emergency are hereby ratified; and
During the existence of said local emergency the powers, functions, and duties of the
County Administrative Officer, Public Works Director, and the Emergency Organization of this
County are as prescribed by State law and the ordinances, resolutions, and approved plans of the
County of Monterey in order to mitigate the effects of said local emergency; and
Pursuant to Public Contract Code Sections 20134, 22050, and 20395, the Public Works
Director or his designee, are authorized to engage independent contractors to complete all
necessary work to mitigate the effects of said local emergency. Contracts for this work may be
executed without prior Board approval of the plans, specifications, and working details, and
without giving notice for bids to let contracts.
IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency is continuing
and that this emergency proclamation is extended for thirty days in accordance with Section
2.68.060 of the Monterey County Code and Section 8630(b) of the Government Code.
PASSED AND ADOPTED on this 7th day of February, 2012, upon motion of Supervisor Parker,
seconded by Supervisor Armenta, and carried by those members present, by the following vote, to-
wit:
AYES: Supervisors Armenta, Supervisor Calcagno, Salinas, Potter and Parker
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 76 for the meeting on February 7, 2012.
Dated: February 9, 2012 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
Deputy
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SIGNED BOARD REPORT"�|E]O�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: February 7, 2012- Consent AGENDA NO.:
SUBJECT: Extend the Administrative Proclamation of Local Emergency due to the
conditions of high surf and rising river levels at the Carmel Lagoon causing
conditions of extreme peril to the safety of persons and property along Scenic
Road and adjoining neighborhoods signed by the Administrative Officer on
November 16, 2011 for an additional thirty days in accordance with California
Government Code Section 8630 4/5ths vote required).
DEPARTMENT: County Administrative Office Office of Emergency Services
RECOMMENDATION:
It is recommended that the Board of Supervisors extends the Administrative Proclamation of
Local Emergency due to the conditions of high surf, light rain and rising river levels at the Carmel
River Beach Lagoon causing conditions of extreme peril to the safety of persons and property
along Scenic Road and adjoining neighborhoods signed by the Administrative Officer on
November 16, 2011 for an additional thirty days in accordance with California Government Code
Section 8630 4/5ths vote required).
SUMMARY/DISCUSSION:
Pursuant to Section 2.68.060 of the Monterey County Code and Section 8630 of the Government
Code, the County Administrative Officer or his designee is empowered to proclaim the existence
of a local emergency when the County is affected by a public calamity and the Board of
Supervisors is not in session. The proclamation of local emergency is subject to ratification by
the Board of Supervisors within seven 7) days thereafter. On November 16, 2011 the County
Administrative Officer issued a proclamation of local emergency based on the following facts:
During the weekend of November 11-13, 2011 conditions of high surf, light rain and rising river
levels at the Carmel River Beach Lagoon to 9.99 feet, with a sandbar elevation above 12 feet, the
Lagoon would not self breach and flow to the sea. With additional episodes of high surf and rain
in the forecast for the upcoming week the threat of flooding of 32 homes and surrounding
roadways, potable water delivery systems, sewer collection systems and other utility systems in
the area was imminent, even after emergency sandbagging measures undertaken by County
Department of Public Works had been put in place.
The foregoing conditions were or were likely to be beyond the control of the services, personnel,
equipment, and facilities of the County of Monterey and required the combined forces of other
political subdivisions to combat. The conditions of extreme peril warranted and necessitated the
proclamation of the existence of a local emergency and immediate action to mitigate the effects
of the local emergency. However, this year no heavy equipment could be placed on the beach
without the issuance of an emergency permit by the U. S. Army Corps of Engineers ACE). An
emergency permit would be considered if an emergency existed or was imminent, and the permit
would stipulate the type of work and conditions for the work that must be followed.
The situation prompted County staff to request the emergency permit. The ACE granted the
request so that mechanical measures could be utilized to create a means to lower the level of the
Lagoon in time, to a level that would prevent the flooding of properties and utility systems, and
potentially allow the Lagoon to open and close naturally to prevent the Lagoon from draining. A
Carmel River channel alignment would be created in such a manner as to prevent a rapid out
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SIGNED BOARD REPORT"�|E]O�flow. The emergency permit was issued given the issuance of a Proclamation of Local
Emergency by the County of Monterey. Prior to commencement of work on the Beach on
November 16, 2011 the river level had risen to 10.05 feet and the surf forecast for the upcoming
period showed waves heights up to 21.8 feet. The Emergency Permit issued by the ACE
remained in effect and allowed the Department of Public Works to again open the channel and
drain the Lagoon when it reached imminent flooding level on November 25, 2011, and again on
December 20, 2011, both times self closing. Agreement was made under the terms of the second
emergency permit that the channel could be reopened and managed to lower the Lagoon no less
than a 6' elevation until the evening of December 23, 2011, when it would be closed under the
second permit. If emergency conditions arose again, a new emergency permit would be
required. Since that time several periods of intermittent rainfall and high surf did occur causing
imminent flooding conditions that did require the County to seek and receive additional
emergency permits from the ACE to manage the Lagoon with mechanical measures. Current
conditions continue to require close monitoring of the Lagoon, and there continues to be
intermittent periods of rainfall and high surf in the forecast for the future. Therefore, it is
recommended that the Board of Supervisors take action to extend the November 16, 2011
Proclamation of Local Emergency beyond the Fcbruaryl0, 2012 until such time as natural
conditions occur allowing the Cannel River Channel to naturally breach and stay breached.
This action will extend the Proclamation for thirty days. CAO and OES will update the board of
supervisors periodically concerning the emergency and efforts to restore and maintain the
Carmel River channel alignment and the level of the Carmel Lagoon, sufficiently protecting
lives, property and utility systems in the area and in accordance with the conditions of an
emergency permit from the U. S. Army Corps of Engineers.
OTHER AGENCY INVOLVEMENT:
The mitigation efforts of the foregoing conditions affecting the Carmel River Beach, Lagoon and
river channel, the Carmel River Beach State Park and Scenic Road involved the cooperation and
assistance from the U.S. Army Corps of Engineers, NOAA National Marina Fisheries, U. S. Fish
and Wildlife Service, California State Parks Department and Department of Fish and Game,
Monterey County Resource Management Agency; Planning Department and Monterey County
Public Works Department, Monterey County Water Resources Agency, Monterey County Health
Department Environmental Health Division, Monterey County Sheriffs Department, Monterey
County Office of Emergency Services., California Coastal Commission and Monterey Peninsula
Water Management District.
FINANCING:
This extension of this Proclamation of Local Emergency will not in itself impact the General
Fund.
7
Prepare /, s /( j- %,'Approved
Sherrie L. Collins-�'
Emergency Services Manager
Date:
Nicholas E. Chiulos
Intergovernmental and legislative Affairs Director
Date: 1 1 Z''
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