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HomeMy WebLinkAboutItem 2b: Resolution 6811 proclaming emergency and Resolution 6813 authorizing designated staff to file with the California Emergency Mangement Agency for financial assistanceSTAFF RFIPORT Office of the City Clerk DATE: January 3, 2012 TO: Honorable Mayor and City Council FROM: Stephen P. Deitsch, City Attorney Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: CONTINUE IN PLACE RESOLUTION NO. 6811 RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY ISSUED ON DECEMBER 1, 2011 PERTAINING TO THE EXTREME WIND EVENT WHICH BEGAN ON NOVEMBER 30, 2011; AND ADOPT RESOLUTION NO. 6813 AUTHORIZING DESIGNATED STAFF TO FILE WITH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY REQUESTS FOR FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT AND SIMILAR STATUTES. Recommendation: By Motion, Continue in place Resolution No. 6811 and adopt Resolution No. 6813. SUMMARY At their meeting on December 6, 2011, the City Council adopted Resolution No. 6811 ratifying the proclamation of the existence of a local emergency which occurred in the City on December 1, 2011 relating to the extreme wind storm which began on November 30, 2011. In order to keep the emergency proclamation in place, until specifically terminated, the California Government Code requires that the City Council "review the need for continuing the local emergency at least once every 30 days until the governing body terminates the local emergency." DISCUSSION On December 1, 2011, the City's Director of Emergency Services proclaimed an emergency which was ratified by the City Council on December 6, 2011 pursuant to the emergency declaration requirements of the California Government Code. There is no requirement that a city continue to adopt a new declaration, other than to review the existing declaration every 30 days in order to receive emergency funds. 1 California regulations state that a city is eligible for State of California emergency funds under the California Disaster Assistance Act if it "proclaims a local emergency within ten (10) days of the actual occurrence of a disaster which the City of Arcadia accomplished on December 1, 2011. The Government Code requires that that City Council "proclaim the termination of the local emergency at the earliest possible date that conditions warrant." However, given that the City is continuing its clean -up efforts and more winds may be coming, staff recommends that the City keep the emergency proclamation in place. By its language, the proclamation remains in effect until specifically terminated. As set forth above, the Government Code also requires that the City Council "review the need for continuing the local emergency at least once every 30 days until the governing body terminates the local emergency." As the current proclamation was ratified on December 6, 2011, the City Council must review the emergency proclamation again by January 6, 2011. The Government Code does not specify what a "review" entails. Staff recommends adoption of a motion to "continue in place Resolution No. 6811." Additionally, the City should be aware that it must apply for California emergency funds within sixty (60) days of the date of the local proclamation. As the original date of the proclamation was December 1, 2011, the City must apply for funds by February 1, 2011 by submitting a completed Project Application. Before applying for these funds, the City Council must pass a resolution designating an agent for submission and execution of documents relating to the funding. Therefore, it is recommended that the City Council pass a resolution to this effect as presented to the City Council at this meeting. FISCAL IMPACT There is no fiscal impact with the adoption of this Resolution. RECOMMENDATION It is recommended that the City Council take the following action: 1. By motion, continue in place Resolution No. 6811 ratifying the proclamation of the of the existence of a local emergency within the City issued on December 1, 2011 pertaining to the extreme wind event which began on November 30, 2011; and 2 2. Adopt Resolution No. 6813 authorizing designated staff to file with the California Emergency Management Agency requests for financial assistance under the Natural Disaster Assistance Act and similar statutes. Approved: Donald Penman City Manager Attachment: Resolution No. 6811 Resolution No. 6813 3 RESOLUTION NO. 6811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY ISSUED ON DECEMBER 1, 2011 PERTAINING TO THE EXTREME WIND EVENT WHICH BEGAN ON NOVEMBER 30, 2011 WHEREAS, Ordinance No. 1432 of the City of Arcadia empowers the 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, beginning on November 30, 2011, conditions of extreme peril to the safety of persons and property arose within the City caused by a high wind event, at which time the City Council was not in session; and WHEREAS, the Director of Emergency Services did proclaim the existence of a local emergency within the City on the 1st day of December, 2011; and WHEREAS, said high wind event caused damage to property throughout the City, resulted in downed trees and utility poles, and disrupted power service to the City; and WHEREAS, on December 1, 2011, the County of Los Angeles declared a state of emergency because of said high wind event; and WHEREAS, the neighboring cities of Pasadena, Sierra Madre, San Marino, Temple City and Monrovia also declared a local emergency because of said high wind event; and WHEREAS, said proclamation by the Director of Emergency Services is subject to ratification by the City Council within seven (7) days; and 1 WHEREAS, the City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The recitals in this Resolution are true and correct and are incorporated herein. SECTION 2. Said emergency proclamation is hereby ratified and confirmed by the Arcadia City Council and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Arcadia, California. SECTION 3. Pursuant to Ordinance No. 1432 of the City of Arcadia, the Director of Emergency Services shall take all steps and actions necessary and authorized by state law, and by ordinances and resolutions of the City, to preserve the public peace, health and safety. SECTION 4. This Resolution shall take effect immediately. SECTION 5. The Mayor is hereby authorized and directed to sign the Resolution and the City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this 6th day of December, 2011 ATTEST: APPROVED AS TO FORM g"0:k/,,,. )'-eitA-4' Stephen Deitsch City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6811 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of December, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic NOES: None ABSENT: None 4 City Clerk of the City of Arcadia RESOLUTION NO. 6813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING DESIGNATED STAFF TO FILE WITH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY REQUESTS FOR FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER ASSISTANCE ACT AND SIMILAR STATUTES WHEREAS, the California Emergency Management Agency requires public agencies to designate specific positions within the agency as authorized agents of that agency for the purpose of applying for and obtaining certain federal financial assistance under P.L. 93 -288, as amended by Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988; and WHEREAS, the City Council of the City of Arcadia now desires and intends to designate those specific positions within the City as authorized agents for the foregoing purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Manager, Fire Chief and Public Works Services Director of the City are hereby authorized to execute for and on behalf of the City applications for financial assistance, and to file such applications with the California Emergency Management Agency, for the purpose of obtaining certain federal financial assistance under P.L. 93 -288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as well as other financial assistance under the Natural Disaster Assistance Act. 1 SECTION 2. This is a universal Resolution and is effective for all open and future disasters up to three (3) years following the adoption of this Resolution. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed approved and adopted this day of , 2012. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 Mayor of the City of Arcadia