File #: 12-132    Name:
Type: Minutes Status: Passed
File created: 2/7/2012 In control: Board of Supervisors
On agenda: 2/7/2012 Final action: 2/7/2012
Title: Adopt Resolution to extend the Administrative Proclamation of Local Emergency due to the conditions of high surf and Adopt Resolution to extend the Administrative Proclamation of Local Emergency due to the conditions of high surf and
Attachments: 1. Completed Board Order, 2. Signed Board Report

 

 

 

 

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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