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.
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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
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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
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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
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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.
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Passed, approved and adopted this 6th day of December, 2011
ATTEST:
APPROVED AS TO FORM
g"0:k/,,,. )'-eitA-4'
Stephen Deitsch
City Attorney
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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
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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.
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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
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Mayor of the City of Arcadia