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Agenda Item 3 - CONSIDERATION OF RESOLUTION NO. 2022-16 RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO DAMAGES CAUSED BY HIGH WINDSAGENDA ITEM NO.3 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: February 1, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF RESOLUTION NO.2022-16 RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO DAMAGES CAUSED BY HIGH WINDS RECOMMENDATION: Staff recommends that the City Council adopt the following resolution: RESOLUTION NO.2022-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RATIFYING PROCLAMATION NO.2022-01 PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO DAMAGES CAUSED BY HIGH WINDS BACKGROUND: Southern California suffers from high wind conditions know as Santa Ana winds. On January 20, 2022, the National Weather Services issued a high wind warning, forecasting gusts between 50 and 70 mph for January 21, 2022 through January 22, 2022. As a result of the heavy winds over the period of January 21, 2022 through January 23, 2022, there were downed power lines, resulting in power outages, and severe damage to trees throughout the City, causing damages to homes, vehicles, roadways, fences, and other structures. The City's ability to mobilize local resources, coordinate response and seek future reimbursement by the State and Federal governments will be critical to successfully responding to damage caused by the high winds. DISCUSSION: Government Code section 8558 defines a local emergency as "the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, ... which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat." Pursuant to Government Code section 8630, the City Council, or an official designated by ordinance of the City Council, can proclaim the existence of a local emergency. Under West Covina Municipal Code (WCMC) section 8-7(a)(1), the City Manager, as the Director of Emergency Services, can proclaim the existence of a local emergency. Once the existence of a local emergency is proclaimed, neighboring jurisdictions and the State have the power to provide mutual aid to address the emergency conditions. Pursuant to Government Code section 8630, if proclaimed by an official designated by ordinance, the local emergency cannot remain in effect for more than seven (7) days unless it is ratified by the City Council. Further, Government Code section 8630 requires the City Council to review the need for continuing the local emergency at least every 60 days until the local emergency is terminated, and requires the City Council to proclaim the termination of the local emergency at the earliest possible date that conditions warrant. Pursuant to WCMC section 8-7(a)(2), the City Manager may request that the City Council review the need for continuing the local emergency at least once every thirty (30) days until the City Council terminates the local emergency. As authorized by Government Code section 8630 and WCMC section 8-7(a)(2), the City Manager, as the City's Director of Emergency Services, proclaimed a local emergency due to the damages caused by the high winds between January 21, 2022 and January 22, 2022. The City Manager is requesting that the City Council ratify the proclamation of the local emergency. LEGAL REVIEW: The City Attorney's Office has reviewed and approved the proposed resolution as to form. OPTIONS: The City Council has the following options: 1. Approve staffs recommendation; or 2. Provide alternative direction. Prepared by: David Carmany, City Manager Attachments Attachment No. 1 - Resolution No. 2022-16 CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety ATTACHMENT NO. 1 RESOLUTION NO.2022-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RATIFYING PROCLAMATION NO. 2022-01 PROCLAIMING THE OF A LOCAL EMERGENCY DUE TO DAMAGES CAUSED BY HIGH WINDS WHEREAS, the California Emergency Services Act (Government Code Section 8550 et seq.), authorizes the City Council, or an official designated by ordinance of the City Council, to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, if the City Council is not in session, West Covina Municipal Code Section 8-7 empowers the City Manager, as 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 which is, or is likely to be, beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and WHEREAS, starting on January 21, 2022, and continuing through January 23, 2022, the City of West Covina experienced high winds; and WHEREAS, the high winds caused widespread power outages and severe damage to, among other things, trees, homes, schools, businesses, vehicles, sidewalks and roads; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen due to the damage caused by the high winds; and WHEREAS, it is anticipated that such conditions are beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to responding to this emergency; and WHEREAS, on January 26, 2022, the City Manager, as the City's Director of Emergency Services, declared a local emergency as authorized by Government Code section 8630 and West Covina Municipal Code section 8-7(a)(1). A true and correct copy of Proclamation No. 2022-01 is attached hereto as Exhibit "A." WHEREAS, the City Council hereby finds that conditions of disaster or of extreme peril to the safety of persons and property within the City of West Covina have arisen due to the high winds that occurred on January 21, 2022 through January 23, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Manager's proclamation of local emergency, Proclamation No. 2022-01, dated January 26, 2022, is hereby ratified. SECTION 2. As contemplated in the Emergency Services Act contained in Government Code Section 8550 et seq. and Chapter 8 of the West Covina Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by the high winds that occurred from January 21, 2022 through January 23, 2022, as detailed in the recitals set forth above. SECTION 3. The area of the City which is endangered/imperiled is the entire City. SECTION 4. 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 ordinances, resolutions, and orders of this City, including but not limited to the City's Emergency Plan. SECTION 5. This local emergency shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency in the manner required by law. SECTION 6. A copy of this resolution and the emergency proclamation be forwarded to the Director of the California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; 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. APPROVED AND ADOPTED this 1st day of February, 2022. APPROVED AS TO FORM Thomas P. Duarte City Attorney Dario Castellanos Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-16 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 1 st day of February, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk EXHIBIT A PROCLAMATION NO.2022-01 PROCLAMATION NO.2022-01 A PROCLAMATION BY THE CITY MANAGER OF THE CITY OF WEST COVINA, CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO DAMAGES CAUSED BY HIGH WINDS WHEREAS, the California Emergency Services Act (Government Code Section 8550 et seq.), authorizes the City Council, or an official designated by ordinance of the City Council, to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, if the City Council is not in session, West Covina Municipal Code Section 8-7 empowers the City Manager, as 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 which is, or is likely to be, beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and WHEREAS, starting on January 21, 2022, and continuing through January 23, 2022, the City of West Covina experienced high winds; and WHEREAS, the high winds caused widespread power outages and severe damage to, among other things, trees, homes, schools, businesses, vehicles, sidewalks and roads; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen due to the damage caused by the high winds; and WHEREAS, it is anticipated that such conditions are beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to responding to this emergency; and WHEREAS, the City Manager, as the City's Director of Emergency Services, has the power to declare a local emergency pursuant to Government Code section 8630 and West Covina Municipal Code section 8-7(a)(1). NOW, THEREFORE, IT IS PROCLAIMED AND ORDERED by the City Manager of the City of West Covina, acting as the Director of Emergency Services, as follows: Proclamation No. 2022-01 Page 1 of 3 A. As contemplated in the Emergency Services Act contained in Government Code Section 8550 et seq. and Chapter 8 of the West Covina Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by the high winds that occurred from January 21, 2022 through January 23, 2022, as detailed in the recitals set forth above. B. The area of the City which is endangered/imperiled is the entire City. C. 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 ordinances, resolutions, and orders of this City, including but not limited to the City's Emergency Plan. D. The City Council shall review and ratify this proclamation within seven (7) days as required by State law. The City Council shall review the need for continuing the local emergency as required by State law and the West Covina Municipal Code until it terminates the local emergency, and shall terminate the local emergency at the earliest possible date that conditions warrant. E. A copy of this proclamation be forwarded to the Director of the California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; 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. PROCLAIMED this 26th day of January, 2022. Davidy, City Manager APPROVED AS TO FORM: 1111;)k Tho s rte, City Attorney Proclamation No. 2022-01 Page 2 of 3 ATTEST: It Proclamation No. 2022-01 Page 3 of 3