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HomeMy WebLinkAboutItem 2c: Resolution 6811: Proclamation of Local Emergency Pertaining to Wind Event of November 30, 2011 ti4 oFARc,dr c.) P1111111j IA or InsurPOe9led AYOU.I S.1901 °niTY°tt STAFF REPORT Office of the City Clerk DATE: January 17, 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. Recommendation: By motion, continue in place Resolution No. 6811 SUMMARY On December 1, 2011, the City's Director of Emergency Services proclaimed an emergency relating to the extreme wind storm event which began on November 30, 2011 and on December 6, 2011, it was ratified by the City Council 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. 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 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. As required by the Government Code, the City Council must "review the need for continuing the local emergency at least once every 30 days until the governing body terminates the local emergency." The Government Code does not specify what a "review" entails; however, since the proclamation was ratified on December 6, 2011, the City Council must review the emergency proclamation and continue in place Resolution No. 6811 ratifying the proclamation by February 6, 2012. 1 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 the fact that the City is continuing its clean-up efforts, staff recommends that the City keep the emergency proclamation in place until specifically terminated. FISCAL IMPACT There is no fiscal impact with the continuance of Resolution No. 6811. RECOMMENDATION It is recommended that the City Council by motion, 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. Approved: Donald Penman City Manager Attachment: Resolution No. 6811 2 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 /./.�. • .f:w rim ►r'yor oT e-City rcadia ATTEST: City Clerk APPROVED AS TO FORM Stephen Deitsch City Attorney 3 STATE OF CALIFORNIA ) vird 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 City Clerk of the City of Arcadia 4