HomeMy WebLinkAbout01 RESOLUTION RATIFYING THE CITY MANAGER PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCYAgenda Item 1
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Reviewed:
F
AGENDA REPORT City Manager
Finance Director N/A
MEETING DATE: OCTOBER 12, 2017
TO
FROM
SUBJECT:
SUMMARY:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
JEFFREY C. PARKER, CITY MANAGER
RESOLUTION RATIFYING THE CITY MANAGER/DIRECTOR OF
EMERGENCY SERVICES' PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY AND PROCLAIMING THE TERMINATION OF THE LOCAL
EMERGENCY.
This item seeks approval of a Council Resolution ratifying the City Manager's
Proclamation of Local Emergency in connection with the Canyon Fire 2 that threatened
areas of the City of Tustin beginning on October 9th.
RECOMMENDATION:
Approve Resolution 17-52 ratifying the City Manager/Director of Emergency Services'
Proclamation of Existence of a Local Emergency and Proclaiming the Termination of the
Local Emergency.
FISCAL IMPACT:
Adoption of the Resolution, in conjunction with the Director of Emergency Services
Proclamation, is a required step in the request for reimbursement of the City's costs
associated with responding to the Canyon Fire 2 fire.
CORRELATION TO STRATEGIC PLAN:
Goal B: Public Safety and Protection of Assets: "Ensure Tustin is an attractive, safe and
well maintained community in which people feel pride." The attached Resolution is
consistent with State -required procedures when a local state of emergency is declared.
BACKGROUND AND DISCUSSION:
On October 9, 2017, "Canyon Fire 2" threatened northern portions of the City and
evacuations of portions of the City occurred. As a result of that threat, the City Manager,
acting in his capacity as Director of Emergency Services, signed a Resolution
Proclaiming Existence of a Local Emergency (see Attachment 1.) That action potentially
1275051.1
Resolution re Declaration of Local Emergency (Canyon Fire 2)
October 17, 2017
Page 2
enables the City to obtain reimbursements for emergency response costs, and also
provides the City with certain legal protections from claims associated with emergency
responses.
Section 5205 of the Tustin City Code empowered the Director of Emergency Services/City
Manager to proclaim a local emergency if the City Council is not in session. However,
same section and State law also require the City Council to take action to ratify the
proclamation within seven days thereafter. The attached Resolution, if approved, would
take that required action.
Finally, California. Government Code section 8630 provides that the City Council "shall
proclaim the termination of the local emergency at the earliest possible date that conditions
warrant." As a result, and because the emergency which gave rise to the Proclamation of
Emergency has now subsided, and the conditions of peril are now deemed to be within the
control of the normal protective services, personnel, equipment, and facilities of the City,
the Resolution would also proclaim the termination of the local emergency.
Staff is available to answer any questions you might have about this matter.
Attachments
1. Director of Emergency Services' Resolution Proclaiming Existence of a Local
Emergency.
2. Proposed Resolution 17-52 Ratifying The City Manager/Director Of Emergency
Services' Proclamation Of Existence Of A Local Emergency And Proclaiming The
Termination Of The Local Emergency
1275051.1
Attachment 1
Director of Emergency Services' Resolution Proclaiming Existence of a Local
Emergency
City of Tustin Emergency Plan Part II, Section A-1
Director of Emergency Services
RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY
(By Director of Emergency Services)
WHEREAS, Section 8630 of the Government Code empowers a designated official of a
city to proclaim a local emergency; and
WHEREAS, Section 5200 of the Tustin City Code designates and empowers the City of
Tustin Director of Emergency Services to proclaim the existence of a local emergency when there is
an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons
and property within the City, requiring the combined forces of other political subdivisions to
combat; and which conditions are or are likely to be beyond the control of the services, personnel,
equipment and facilities of the City, and
WHEREAS, the Director of Emergency Services of the City of Tustin does hereby find:
That conditions of disaster or extreme peril to the safety of persons and property within the
City of Tustin have arise due to (flooding, fire storm, epidemic, riot,
earthquake, etc.) commencing on or about .L a.m. on the —Y— day of
21/7 at which time the City Council was not in session; and
That the aforesaid conditions are or are likely to be beyond the control of the services,
personnel, equipment and facilities of the City of Tustin, requiring the combined forces of other
political subdivisions to combat; and
That the aforesaid conditions warrant and necessitate the proclamation of the existence of a
local emergency;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency exists
within the City of Tustin; and
IT IS FURTHER PROCLAIMED during the existence of the local emergency, the
powers, functions and duties of the City of Tustin Director of Emergency Services, and the
emergency organization of this City, shall be those prescribed by State law, by City Ordinances and
Resolutions, and by the City of Tustin Emergency Plan now in effect; and
IT IS FURTHER PROCLAIMED that conditions are such that the Orange County Board
of Supervisors are hereby requested to proclaim the existence or threatened existence of a local
emergency in Orange County, and that they request the Governor of the State of California to
proclaim the existence or threatened existence of a State of Emergency in Orange County; and
IT IS FURTHER ORDERED that the local emergency shall be deemZue' to
exist until its teemiination is proclaimed by resolution of the City
Dated: �C�/a Ofi� 2- 117. By: -
_ i t of Emergency Services
o Tustin
Page 5
Attachment 2
Proposed Resolution 17-52 Ratifying The City Manager/Director Of Emergency
Services' Proclamation Of Existence Of A Local Emergency And Proclaiming The
Termination Of The Local Emergency
RESOLUTION 17-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN RATIFYING THE CITY MANAGER/DIRECTOR OF
EMERGENCY SERVICES' PROCLAMATION OF
EXISTENCE OF A LOCAL EMERGENCY AND
PROCLAIMING THE TERMINATION OF THE LOCAL
EMERGENCY
WHEREAS, section 5205 of the Tustin City Code empowers the Director of
Emergency Services/City Manager to proclaim a local emergency if the City Council is
not in session and requires that the City Council shall take action to ratify the proclamation
within seven days thereafter; and
WHEREAS, conditions of extreme peril to the safety of persons and property have
arisen within the City of Tustin as a result of fire commencing on or about 12:00 p.m.
(noon) on the 9th day of October, 2017, at which time the City Council of the City of Tustin
was not in session; and
WHEREAS, the City Council does hereby find that the above described conditions
of extreme peril did warrant and necessitate the proclamation of the existence of a local
emergency in the vicinity of Tustin; and
WHEREAS, the City Manager acting as the Director of Emergency Services did
proclaim the existence of a local emergency within the City on the 9th day of October,
2017;
WHEREAS, the situation resulting from said conditions of peril is now deemed to
be within the control of the normal protective services, personnel, equipment, and facilities
of and within the City of Tustin.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Tustin
that the Proclamation of Existence of a Local Emergency, as issued by the Director of
Emergency Services/City Manager, is hereby ratified and confirmed.
BE IT FURTHER RESOLVED that the City Council of the City of hereby proclaims
the termination of the local emergency.
PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF OCTOBER, 2017.
ELWYN A. MURRAY,
Mayor Pro Tem
ATTEST:
ERICA N. RABE,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 17-52
I, ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 17-52 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 12th day
of October, 2017, by the following. vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE,
City Clerk