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HomeMy WebLinkAbout7402 RESOLUTION NO. 7402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA RATIFYING AND DECLARING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING THE 2021 DECEMBER WINTER STORM WHEREAS, California Government Code Section 8630, et seq., and City of Arcadia Municipal Code Section 2211 .2 empower the City Council to proclaim the existence of a local emergency to protect and preserve public welfare when the City is affected or likely to be affected by a public calamity; and WHEREAS, on December 14, 2021, a significant winter storm impacted the City of Arcadia; and WHEREAS, on December 21, 2021, the City Manager, as Director of Emergency Services, issued a Proclamation ("the Proclamation") declaring a local emergency pertaining to the 2021 December Winter Storm; and WHEREAS, the City Council has been requested by the City Manager, as Director of Emergency Services, to ratify the Proclamation; and WHEREAS, the significant winter storm caused the issuance of the Proclamation, and such conditions continue to constitute a threat concerning the deposit of additional debris and mud flows into the Wilderness Park area along the City's urban-wildland interface; and WHEREAS, the City Council does hereby find that the conditions described in the Proclamation continue to support the need for the City Council to ratify and extend the Declaration of Local Emergency; and 1 WHEREAS, a declaration of a local emergency will assist in a coordinated public safety response to this debris and mud flow emergency in order to protect lives and property of the citizens of the City; and WHEREAS, under Government Code Section 8630(b), the Proclamation must be ratified by the City Council within seven (7) days to remain in effect; and WHEREAS, the City Council desires to declare a local emergency and ratify the Proclamation. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the City Council that a local emergency now exists in the City of Arcadia, as set forth in the Proclamation. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that the City Council ratifies the Proclamation issued by City Manager, acting as the Director of Emergency Services, on December 21, 2021. IT IS FURTHER PROCLAIMED AND ORDERED that the City Manager, acting as the Director of Emergency Services, is hereby authorized to furnish information, to promulgate orders and regulations necessary to provide for the protection of life and property pursuant to California Government Code Section 8634, to enter into agreements and to take all actions necessary to obtain State emergency assistance to implement preventive measures to protect and preserve the residents of the City within the scope of the local emergency hereby declared. IT IS FURTHER PROCLAIMED AND ORDERED that as authorized in Government Code Sections 8630 and Arcadia Municipal Code Section 2211, and based on the foregoing, an "emergency" as defined in Government Code Section 54956.5(a) and City of Arcadia Municipal Code Section 2211 .1 , and a "local emergency" as defined 2 in Government Code Section 8558(c), hereby exist within the territorial jurisdiction of the City of Arcadia and are deemed to continue to exist until their termination is proclaimed by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Resolution be forwarded to the Director of California Governor's Office of Emergency Services requesting that: 1. the Director find it acceptable in accordance with state law, 2. the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in Los Angeles County, 3. the Governor waive regulations that may hinder response and recovery efforts, recovery assistance be made available under the California Disaster Assistance Act, and 4. the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed, by State law, and by the ordinances and resolutions heretofore and hereafter adopted by the City Council. [SIGNATURES ON NEXT PAGE] 3 Passed, approved and adopted this 21st day of December, 2021. -Z,4v/ jf Mayor of the City,:pf Arcadia ATTEST: f/ City rk APPROVED AS TO FORM: SitidtzsA ` �G Stephen P. Deitsch City Attorney 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7402 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 21st day of December, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Beck, Verlato, Cheng, and Tay NOES: None ABSENT: None Clerk of the ity of Arcadia 12 PROCLAMATION OF LOCAL EMERGENCY WHEREAS, City of Arcadia Municipal Code Section 2211.1, et seq. 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, on December 14, 2021 , a significant winter storm impacted the City of Arcadia causing significant debris and mud flow to impact and damage Wilderness Park and adjacent area in the City; and WHEREAS, the mud and debris flow occurred in an area impacted by the 2020 Bobcat Fire; and WHEREAS, as a result of the storm, mud having a depth of more than six feet was found to exist in certain areas which included, without limitation, paved roads, shelter structures, public restrooms, and a parking area of Wilderness Park, and which mud flow had circumvented and risen above protective barriers that had been in place; and WHEREAS, the Director of Emergency Services of the City of Arcadia does hereby find the winter storm and the foregoing conditions constitute an extreme peril to the safety of persons and property within and around Wilderness Park, and an extreme financial and service burden on the City; and WHEREAS, these conditions are or are likely to be beyond the control and the current capacity of the City of Arcadia to provide services, personnel, equipment, and facilities to address this emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED, that a local emergency now exists in the City of Arcadia and, in particular, within Wilderness Park and adjacent areas; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of the City of Arcadia shall be those prescribed by State law, and by ordinance and by resolutions of the City of Arcadia; and that this emergency proclamation shall expire 7 days after issuance unless confirmed and ratified by the governing body of the City of Arcadia. Dated: cs.,,F, 21 21:-.)z.1 By: Director of Emergency Services Print Name: Address: 9,40 w, 11.,r,-1-;.4ty, "112..