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HomeMy WebLinkAbout7478RESOLUTION NO. 7478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA RATIFYING AND DECLARING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING THE 2023 JANUARY WINTER STORMS 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, the City Council has been requested by the City Manager, as Director of Emergency Services, to ratify the Proclamation of Local Emergency issued on January 10, 2023, stating the existence of a local emergency in the City; and WHEREAS, on January 8, 2023, and continuing, a significant winter storm impacted the City of Arcadia causing significant debris and mudflow to impact and damage Wilderness Park and adjacent areas 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, on January 8, 2023, and continuing, a significant winter storm impacted the City of Arcadia causing flooding and damage to several City buildings which included, without limitation, the Arcadia Community Center, the Arcadia Public Library, and City Hall; and 1 WHEREAS, on January 8, 2023, and continuing, a significant winter storm impacted the streets, roadways, storm drains, water systems, and other infrastructure within the City of Arcadia causing widespread flooding and damage to public and private property throughout the community; 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 the City of Arcadia, and an extreme financial and service burden on the City due to all the foregoing conditions; 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; and WHEREAS, on January 4, 2023, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state with ongoing responses to the recent storms; and WHEREAS, on January 9, 2023, the President of the United States declared an emergency exists in the State of California and ordered Federal assistance to supplement State, tribal, and local response efforts due to the emergency conditions resulting from successive and severe winter storms, flooding, and mudslides; and WHEREAS, on January 10, 2023, the Los Angeles County Board of Supervisors declared the existence of a local emergency for the winter storms in Los Angeles County to mobilize local resources, the ability to coordinate interagency response, accelerate 2 procurement of vital supplies, and the use of mutual aid to successfully respond to the emergency for the winter storms; and WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to the significant winter storms impacting the City of Arcadia on January 8, 2023, and continuing; and WHEREAS, the City Council does hereby find the following. 1. That the above recitals are true and correct; 2. That the winter storms constitute a situation and constitutes conditions of extreme peril to the safety of persons and property within the City of Arcadia; 3. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Arcadia; 4. That the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS, a declaration of a local emergency will assist in a coordinated response to the damage and peril caused by the winter storms, coordinate and mitigate public services that may be disrupted from this emergency, and mitigate any other effects of this emergency on the citizens of the City; and WHEREAS, under Government Code Section 8630(b), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect; and WHEREAS, Government Code Section 8630 generally requires the City Council to review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the City Council desires to declare a local emergency and ratify the Proclamation of Local Emergency heretofore issued by the City Manager, acting as the Director of Emergency Services. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the City Council that a local emergency now exists throughout the City of Arcadia. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that, the City Council ratifies the Proclamation of Local Emergency issued by City Manager, acting as the Director of Emergency Services, on January 10, 2023, in which the Director proclaimed that a local emergency exists throughout the City of Arcadia. IT IS HEREBY 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 City of 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 in Government Code Section 8558(c) hereby exist within the territorial 4 jurisdiction of the City of Arcadia and are deemed to continue to exist until its termination is proclaimed by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in Los Angeles County; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, and the ordinances, and resolutions heretofore and hereafter adopted by the City Council. [SIGNATURES ON THE NEXT PAGE] 5 Passed, approved, and adopted this 17th day of January, 2023. Mayor of the City of Arcadia ATTEST a f vo//w City Cle�K'f " " �- / &Z�t APPROVED AS TO FORM: Michael J. aurer City Attorney 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. 7478 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 17th day of January, 2023 and that said Resolution was adopted by the following vote, to wit: AYES: Cao, Kwan, Wang, Verlato, and Cheng NOES: None ABSENT: None 7 C' Clerk of the ity of Arcadia