The URL can be used to link to this page

Home My WebLink About _ 4.1(a)--Confirmation of Continued Local Emergency Due to Flooding � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: March 4,2025 FROM: Jason Gibilisco, Management ITEIVI NO. 4.1(a) Assistant to the City M�anager ***APPROVED BY*** 3a�,c �s ,. s�n:sgc�ra� t. ,.av�ant t�J tPa��'�ty�1.�srsqz�r n itk'�"{)'S t�1rE� , tiS �Y �,`?'71'?�}?� jgibilisco@cityofredding.org btippin@cityofredding.org SUBJECT: 4.1(a)--Confirmation of Continued Local Emergency Due to Flooding Recommendation Accept update regarding the proclamation declaring a local emergency due to flooding and, pursuant to Public Contract Code 20168 and 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency. Fiscal Impact Declaring the emergency could have a positive fiscal impact of an indeterminate amount as it will facilitate the recovery of the community and potentially receipt of emergency aid from the state, and possibly federal authorities if it becomes available. The total cost of the damage is still unknown- City of Redding (City) staff wi11 continue to perform damage assessments. Alte�native Action The City Council (Council) could choose not to con�rm that conditions of a local emergeney continue to exist. Under Public Contract Code section 22050(c)(1) the local emergency can only be terminated by a four-�fths vote of the CounciL To that end, the Council's prior determination of a local emergency tivill remain unless an affirmative vote of the Council is made to terminate the local emergency. Background/Analysis On February 2, 2025, a storm event arrived in the City of Redding (City), ultimately causing conditions to be beyond the immediate control of local resources, services, personnel, equipment, and facilities. These winter storms brought heavy rain to all areas of Shasta County which in turn caused a significant increase in releases from Shasta Dam resulting in localized flooding, water rescues, and damage to roadways, trail systems, storm water systems, and other infrastructure. Report to Redding City Council February 27,2025 Re: 4.1(a)--Confirmation of Continued Local Emergency Due to Flooding Page 2 Due to these events and weather conditions, a loeal emergency was proclaimed on February 11, 2025, and on February 18, 2025, the Council ratified this proclamation and wi11 continue the declaration until such time that the threat of these storms has subsided, there is no longer an elevated risk to life and property, and the emergency restoration of facilities has been completed. The local emergeney was declared by the City Manager serving in his capacity as Director of Emergency Services under RMC 9.12.030. The Proclamation of the Director of Emergency Services is attached. City staff continues the process of performing damage assessments with an initial damage assessment submitted previously to the County of Shasta. Environmental Review This is not a project as defined under the California Environmental Quality Aet, and no further action is required. Council Prior�ity/City Manage� Goals • Publie Safety — "Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding" Attachments Reso. 2025-011 Declare Local Emergency with Proclamation 2-18-25 staff report declaring local emergency RESOLUTION NO. 2025-011. RESOLUTION CONFIRMING EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Government Code section 8642 provides that whenever a state or local emergency exists, the governing body of the local governmental entity shall meet as soon as possible; and WHEREAS, Redding Municipal Code sections 9.12.030, and 14.24.020, generally empower the City Manager, as Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, Redding Municipal Code section 9.12.030(C) provides that the decision of the City Manager to declare a local emergency must be ratified by the City Council within seven (7) calendar days of the City Manager's action or it shall have no further force or effect; and WHEREAS, Redding Municipal Code section 4.22120 and Public Contract Code sections 20168 and 22050 allow the City Council to expend public monies without competitive solicitation when safeguarding life, health, or safety will not permit delay; and WHEREAS, the City Manager, as Director of Emergency Services of the City of Redding, proclaimed the existence of a local emergency, as defined in Government Code section 8558(c},within the City on the 1 lth day of February, 2025, as evidenced by the Proclamation of the Director of Emergency Services attached and incorporated herein; and WHEREAS,the Proclamation of the Director of Emergency Services dated February 1 l,2025,was sent to the County Director of Emergency Services on February 11, 2025; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City which were caused by flooding caused by severe winter storms which began on February 2, 2025; and WHEREAS, the flooding has continued through increased releases from Shasta Dam inundating and damaging land, roads, trails and other facilities, in particular the collapse of a 120" culvert across the access road to the Reginato Boat Ramp which provides river access to public safety agencies, on February 9, 2025, at which time the City Council of the City of Redding was not in session; and WHEREAS,there is immediate need to repair or replace the 120"culvert that failed at the entrance to the Reginato Boat Ramp as this ramp serves as a critical entry point for river access for public safety agencies to effectuate river rescues and to access areas along the river that are otherwise inaccessible. Additionally, river guides and other river related businesses utilize this ramp extensively and prolonged closure will cause significant economic hardship as well as impeding lifesaving efforts by the Redding Police Department and the Shasta County Sheriff; and WHEREAS, the Board of Supervisors for the County of Shasta ratified a proclamation of a Local Emergency for Shasta County on February 11, 2025, and directed that the proclamation be sent to the Governor of the State of California and the Secretary of the Office of Emergency Services requesting they proclaim the County of Shasta to be in a state of emergency; and WHEREAS,the conditions caused by the flooding are beyond the control of the services,personnel, equipment and facilities of'the City of Redding; and WHEREAS,the City Council hereby finds that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; NOW, THEREFORE,IT IS HEREBY PROCLAIMED AND ORDERED as follows: 1. The recitals stated above are true, correct, and are adopted herein. 2. The Proclamation of the Director of Emergency Services dated February 11, 2025, is hereby confirmed and ratified. 3. That, pursuant to Government Code section 8630(a}, a local emergency within the meaning of Government Code section 8558(c) exists within the jurisdictional limits of the City of Redding. 4. That, pursuant to Public Contract Code section 20168 and 22050, the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and property; the local emergency will not permit a delay resulting from a competitive solicitation for bids; immediate action is necessary to respond to the local emergency; and the City Manager is autharized to repair or replace a public facility, take any directly related and immediate action required by the local emergency, and procure the necessary equipment, services and supplies for those purposes without giving notice for bids to let contracts. 5. That, pursuant to Public Contract Code section 22050(c)(1), the state of local emergency sha11 be deemed to continue to exist until its termination is proclaimed by a resol�ution adopted by a fourth- fifths vote of the City Council. 6. That,pursuant to Government Code section 8630(c) and Public Contract Code section 22050(c)(1), the City Council shall review the need for continuing the local emergency at every regularly scheduled meeting of the City Council until the City Council terminates the local emergency. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 18th day of February, 2025,by the following vote: AYES: COUNCIL MEMBERS: -Dr.Dhanuka,Littau,Resner,and Munns NOES: COUNCIL MEMBERS: -None ABSENT: COUNCIL MEMBERS: -Audette ASSTAIN: COUNCIL 1VIEIVIBERS: -None /.s/Jack Munns JACK MUNNS,Mayor ATTEST: FORM APPROVED: /s/Sharlene Tipton /s/Ch�istian M. Cu�tis SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney A PRO�LAMATIt}N OF T�IE DI�2ECT4R QF E1dVI�RGENCY SERVICES �IIF THE CITY aF REDDING, CALIF(} IA T�HEREAS, Redding Municipal (RMC) section 9.12.030 and RMC 9.12.02d provide for the preparation and carrying out of plans for the protection af persans and property within the City in the event of an emergency, and; WHEREAS, RMC section 9.12.030 states that the City Manager is the Director af Emergency Services and the Assistant City Manager is the Assistant Director of Emergency Services,and; N'HEREAS,RMC section 9.12.030 empowers the Director or Assistant Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, and; WHEREAS, the Director of Emergency Services of the City of Redding does hereby find that conditions of extreme peril to the safety af persons and property have arisen within the City of Redding, caused by flooding; which began on the 2nd day of February,2025 and; T�HEREAS, these conditians are or are likely to be beyond the c�ntral ofthe services, personnel, equipment, and facilities of the City of Redding, and; WHEREAS,the City Council of the City of Redding is nat in �es�ion and ca�not immediately be called into session. NiDW, THEREFDRE, �T IS HEREBY PROC�AIMED, that a local emergency now exists thraughout the City of Redding, and; IT IS FURTHER PROCLAIMEI}AND ORDERED that during the existence of said lacal emergency the powers,functions and duties of the emergency arganization of the City of Redding shall be those prescribed by the state law,by ordinances,and resolutions af the City of Redding; and that this emergency proclamation shall expire 7 days after issuance unless confirmed and ratified by the City Council of the City of Redding. IN TESTIMONY WI�EREQF, I HEREUNTO SET 1l�Y HA1VD AND CA ITSE THE SEAL OF`TFfE CITY OF REDDING TO BE AFFIXED THIS 11 th DAY OF FEBR UARY, 2025. , ,. �� .� � �� , � �� z ��,� � 'r y ;, � �s�� ::... � � "� � "'�t�� ' � �� `�� ` DIRECT� {�� ERGENCY SERVICES � ,��,, t� � +r � � # Print Name: Barry Tippin �,u � �� ' � �� ,' � � � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: February 18, 2025 FROM: Barry Tippin, City Manager ITEIVI NO. 9.1(b) ***APPROVED BY*** btippin@cityofredding.org "S' �p�an,�`i K i�r� � �>t[�I�Q�� btippin@cityofredding.org SUBJECT: 9.1(b)--Consider Resolution to confirm and ratify the City of Redding Proclamation declarin a local emer enc due to floodin . Recommendation Adopt Resolution by a four-fifths vote to confirm and ratify the Proclamation of the Director of Emergency Services declaring a local emergency and authorizing the City Manager to repair or replace public facilities and procure the necessary equipment, services, and supplies for those purposes without solicitation of competitive bids in accordance with Public Contract Code 20168 and 22050. Fiscal Impact Adoption of the resolution could have a positive fiscal impact of an indeterminate amount as it will facilitate the recovery of the community and the receipt of emergency aid from state, and possibly federal, authorities if it becomes available. Alte�natzve Action The City Council (Council) could choose not to adopt the resalution or provide alternate direction. Failure to adopt the resolution wi11 result in a legal finding that the local emergency has ceased and wi11 likely negatively impact the receipt of aid from state and/or federal authorities, and the City of Redding's (City) ability to immediately repair or replace damaged infrastructure. Background/Analysis On February 2, 2025, a storm event arrived in the City of Redding, ultimately causing conditions to be beyond the immediate control of local resources, services, personnel, equipment, and facilities. These winter storms have brought heavy rain to all areas of Shasta County which in turn have caused a significant increase in releases from Shasta Dam resulting in localized flooding, water rescues, and damage to roadways, trail systems, storm water systems, and other infrastructure. At this time, continued high-water flows are expected with not all areas having Pack�t Pg.254 Report to Redding City Council February 12,2025 Re: 9.1(b)--Adopt Resolution to Confirm and Ratify the Proclamation Declaring a Local Emergency Page 2 been fu11y assessed. The current forecast ca11s for continued storms and additional snow and rainfall which could further exacerbate the damage and increase the difficulty of recovery efforts. As the rain continues, the Bureau of Reclamation wi11 be required to continue its high releases from Shasta Dam. There is potential for additional local flooding and infrastruct�ure damage. Due to these events and weather conditions, a 1oca1 emergency was proclaimed on February 11, 2025, and it is recommended that the Council ratify this proclamation and continue the declaration until such time that the threat of these storms has subsided, there is no longer an elevated risk to ]ife and property, and the emergency restoration of facilities has been completed. The local emergency was declared by the City Manager serving in his capacity as Director of Emergency Services under RMC 9.12.030. The Proclamation of the Director of Emergency Services is attached. Pursuant to Government Code section 8630, the Proclamation is valid for seven days. As such, if the Council does not act to adopt a resolution which confirms and ratifies the existence of a local emergency, the declaration of local emergency made under the Proclamation will lapse. A declaration of local emergency provides several benefits in time of emergency. Under Government Code section 8634, it permits a local agency to immediately promulgate orders and regulations necessary to protect the public health and safety. Tt further permits the State and local agencies to provide mutual aid to the City and makes the costs of such aid incurred by other agencies chargeable to the State. Lastly, the declaration of local emergency facilitates payment to the City by the State under the Disaster Assistance Act(Gov. Code section 8680 et seq.). The resolution contains all the needed findings to continue the declaration of local emergency under the California Emergency Services Act (Government Code section 8550 et seq.). Tn the absence of action under Public Contract Code, the Council could declare an emergency under the California Emergency Service Act by a simple majority vote. However, the resolution also seeks authorization under RMC 4.22.120 and Public Contract Code sections 20168 and 22050. As such, a fourth-fifths vote of the Council will be required to adopt the resolution. These sections provide authority which the Government Code, addressed above, does not. Public Contract Code sections 20168 and 22050 collectively provide authority to repair or replace a public facility, and procure the necessary equipment, services and supplies for those purposes without competitive bidding. While notice and competitive bidding are very bene�cial in non-emergency situations, these processes are entirely too untimely if we are to immediately protect the public health and safety by restoration of public services and facilities. This is necessary due to the immediate need to repair or replace the 120-inch culvert that failed at the entrance to the Reginato Boat Ramp. This ramp serves as a critical entry point for river access for public safety agencies to effectuate river rescues and to access areas along the river that are otherwise inaccessible. Additionally, river guides and other river related businesses utilize this ramp extensively and prolonged closure will cause significant economic hardship as well as impeding life saving efforts by the Redding Police Department and the Shasta County Sheriff. It should be noted that RMC 4.22.120 delegates authority to the City Manager to make a�nding that the emergency will not permit the delay resulting from a competitive solicitation of bids and that immediate action is necessary to respond to the emergency. Ilowever, that authority is only valid for a period of seven days. By making this finding now by means of adoption of the resolution, the Council avoids the unfortunate circumstance whereby the immediate action sought by the City Manager to repair or replace public infrastructure will lapse absent an Packet Pg.255 Report to Redding City Council February 12,2025 Re: 9.1(b)--Adopt Resolution to Confirm and Ratify the Proclamation Declaring a Local Emergency Page 3 immediate, emergency Council meeting. In order to ensure Council oversight, RMC 4.22120(C)(1) requires review of action under Public Contract Code sections 20168 and 22050 at every regular meeting until such time as the emergency ceases. In summary, the resolution serves two important functions. It facilitates coordination with other public agencies assisting the City in responding to the local emergency and is a necessary precondition to receipt of state and federal aid. It also provides authority to the City to use its own resources in accomplishing repair or replacement of damaged public infrastructure in a timely and efficient manner while ensuring Council oversight of all such activity. Envi�^onmental Review This is not a project as defined under the California Environmental Quality Act, and no further action is required. Council Prio�ity/City Manage� Goals • Public Safety — "Work to improve a11 aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." Attachments ^Emergency Declaration Flood of February 2025 ^Resolution - Local Emergency Declaration 02-2025 Packet Pg.�56