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Home My WebLink AboutCC RESO 2017-11 (24)CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ZOO• MEETING DATE: January 30, 2017 AGENDA ITEM NO. 1 ITEM TITLE: Resolution of the City Council of the City of National City ratifying the Proclamation of the Existence of a Local Emergency by the Emergency Services Director. (City Attorney) PREPARED BY: George H. Eiser Interim City Attorney DEPARTMENT: City Attorney PHONE: Ext. 4222 APPROVED BY: 7 ) /")yam EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum Proclamation of the Existence of a Local Emergency by the Director of Emergency Services i'‘F,sok.v1'D - NO. ao\t\ Mayor Ron Morrison Council Members Jerry Cano Alejandra Sotelo-Solis Mona Rios Albert Mendivil NA Office of the City Attorney MEMORANDUM Interim City Attorney George H. Eiser, III Senior Assistant City Attorney Nicole Pedone Deputy City Attorney Roberto M. Contreras TO: Mayor and City Council DATE: January 25, 2017 FROM: Interim City Attorney SUBJECT: Resolution Ratifying of Proclamation of Existence of Local Emergency Section 2.48.060 of the Municipal Code authorizes the City Manager, as the Emergency Services Director (the "Director"), 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". The proclamation of a local emergency empowers the Director to make and issue rules and regulations on matters related to the protection of life and property, obtain vital supplies and equipment needed for the protection of life and property, require emergency services of any City officer or employee, requisition necessary personnel or material of any City department or agency, and exercise all other powers conferred by statute. Proclaiming the existence of a local emergency also qualifies the City to recoup personnel costs, equipment costs, and the costs of supplies and materials arising out of those emergency responses from the State. The recent storms and flooding have resulted in several emergency responses by the Fire Department, constituting a "local emergency". On January 25, 2017, the City Manager acting, as Emergency Services Director, issued a Proclamation of the Existence of a Local Emergency, a copy of which is attached. A request that the City be granted financial assistance pursuant to the California Disaster Assistance Act is included in the Proclamation. Section 2.48.060 of the Municipal Code requires that the Proclamation be ratified by the City Council, or it shall have no further force of effect. The proposed Resolution would ratify the January 25 Proclamation. George H. Eiser, III Interim City Attorney Attachment 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 A PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY FOR THE CITY OF NATIONAL CITY BY THE DIRECTOR OF EMERGENCY SERVICES WHEREAS, Section 2.48.060 of the National City Municipal Code empowers the City Manager, as Director of Emergency Services of the City of National City, 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 find: WHEREAS, the Director of Emergency Services of the City of National City does hereby 1. That conditions of extreme peril to the safety of persons and property have arisen within the City of National City, caused by a series of storms and flooding that began on the 20th day of January, 2017. 2. That the City of National City has incurred expenses in responding to said conditions of local emergency, including personnel costs, equipment costs, and the costs of supplies and materials. 3. That these emergency conditions are beyond the control of local resources, services, personnel, equipment, and facilities. 4. That the City Council of the City of National City is not in session and cannot immediately be called into session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of National City that a local emergency now exists throughout said City. IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City of National City shall be those prescribed by state law, and by the ordinances and resolution of the City, and by the City of National City Emergency Operations Plan, as approved by the City Council of the City of National City; and that this Proclamation shall be ratified by the City Council of the City of National City. IT IS FURTHER ORDERED that the City of National City hereby requests the City be granted financial assistance pursuant to the California Disaster Assistance Act to recover the expenses incurred by the City in responding to the conditions of local emergency, and that a copy of this Proclamation be forwarded to the California Governor's Office of Emergency Services. Dated: January 25, 2017 BY: c=1•1+ti Leslie A. Deese Director of Emergency Services RESOLUTION NO. 2017 — 11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY BY THE EMERGENCY SERVICES DIRECTOR WHEREAS, Section 2.48.060 of the National City Municipal Code empowers the City Manager, as Emergency Services Director, to proclaim the existence, or threatened existence, of a Local Emergency when said City is affected, or likely to be affected, by a public calamity and the City Council is not in session subject to ratification by the City Council; and WHEREAS, such Proclamation entitles the Emergency Services Director, and the emergency organization of National City, to all the powers, functions, and duties prescribed by state law, charter, ordinances, and resolutions of the City of National City; and WHEREAS, conditions of extreme peril to the safety of persons and property did arise within National City caused by storms and flooding commencing on the 20th day of January, 2017, at which time the City Council was not in session and could not be called into session; and WHEREAS, the Emergency Services Director of the City of National City issued a Proclamation of Local Emergency within National City on the 25th day of January, 2017; and WHEREAS, the City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the Proclamation of Local Emergency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies and confirms the Proclamation of Local Emergency for the City of National City issued by the Emergency Services Director on the 25th day of January, 2017. PASSED and ADOPTED this 30th day of January, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill Interim City Attorney RESOLUTION NO. 2017 — 11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY BY THE EMERGENCY SERVICES DIRECTOR WHEREAS, Section 2.48.060 of the National City Municipal Code empowers the City Manager, as Emergency Services Director, to proclaim the existence, or threatened existence, of a Local Emergency when said City is affected, or likely to be affected, by a public calamity and the City Council is not in session subject to ratification by the City Council; and WHEREAS, such Proclamation entitles the Emergency Services Director, and the emergency organization of National City, to all the powers, functions, and duties prescribed by state law, charter, ordinances, and resolutions of the City of National City; and WHEREAS, conditions of extreme peril to the safety of persons and property did arise within National City caused by storms and flooding commencing on the 20th day of January, 2017, at which time the City Council was not in session and could not be called into session; and WHEREAS, the Emergency Services Director of the City of National City issued a Proclamation of Local Emergency within National City on the 25' day of January, 2017; and WHEREAS, the City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the Proclamation of Local Emergency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies and confirms the Proclamation of Local Emergency for the City of National City issued by the Emergency Services Director on the 25' day of January, 2017. ATTEST: Mic PASSED and ADOPTED this 30th day of Janua ael R. Dalla, C y Clerk APPROVED AS TO FORM: George H.Eiser, Ill Interim City Attorney Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on January 30, 2017 by the following vote, to -wit: Ayes: Councilmembers Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: Councilmember Cano. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California „ „fX, City Clerk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-11 of the City of National City, California, passed and adopted by the Council of said City on January 30, 2017. City Clerk of the City of National City, California By: Deputy