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Item 5AGENDA ITEM NO.5 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 5, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF RESOLUTION NO.2022-31 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON JANUARY 26, 2022 DUE TO DAMAGES CAUSED BY HIGH WINDS RECOMMENDATION: Staff recommends that the City Council adopt the following resolution: RESOLUTION NO. 2022-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON JANUARY 26, 2022 AND PREVIOUSLY CONTINUED ON MARCH 1, 2022, DUE TO DAMAGES CAUSED BY HIGH WINDS BACKGROUND: Southern California suffers from high wind conditions know as Santa Ana winds. As a result of 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. On January 26, 2022, the City Manager, acting in his capacity as the City's Director of Emergency Services, proclaimed a local emergency as authorized by Government Code section 8630 and West Covina Municipal Code section 8-7(a)(1), due to the damage caused by the high winds on January 21, 2022 through January 23, 2022. The City Council ratified the local emergency proclamation on February 1, 2022. Section 8-7(a)(2) of the West Covina Municipal Code empowers the City Manager, as the Director of Emergency Services, to request that the City Council review and reevaluate the need for continuing the local emergency at least once every thirty (30) days until the City Council terminates the local emergency. The City Council determined there was a need to continue the local emergency on March 1, 2022. DISCUSSION: West Covina is seeking reimbursement for wind damage related expenses through the Governor's Office of Emergency Services (Cal OES). The City has submitted its Proclamation of Local Emergency and request for assistance as a result of the extreme wind storm that occurred the weekend of January 21, 2022 to Cal OES. Staff most recently met with Cal OES on February 24, 2022 and discussed the damage assessment, which is still being evaluated by Cal OES. Cal OES has recommended that the City keep the local emergency in effect until the reimbursement process is complete. Therefore, staff is requesting that the City Council determine there is a need to continue this local emergency. LEGAL REVIEW: The City Attorney's Office has reviewed the proposed resolution and approved it 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. 2022-31 CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Achieve Fiscal Sustainability and Financial Stability ATTACHMENT NO.1 RESOLUTION NO.2022-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON JANUARY 26, 2022 AND PREVIOUSLY CONTINUED ON MARCH 1, 2022, 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, 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), through Proclamation 2022-01, due to the damage caused by the high winds; and WHEREAS, on February 1, 2022, the City Council adopted Resolution No. 2022-16, ratifying the City Manager's proclamation as required by Government Code section 8630(b) and West Covina Municipal Code section 8-7(a)(1); and WHEREAS, Section 8-7(a)(2) of the West Covina Municipal Code empowers the City Manager to request that the City Council review the need for continuing the local emergency at least once every 30 days until the City Council terminates the local emergency; and WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 2022-22, determining there was a need to continue the local emergency; and WHEREAS, the City is seeking reimbursement for expenses incurred due to the damage caused by the high winds through the Governor's Office of Emergency Services (Cal OES). Cal OES is still in the process of evaluating the City's request; and WHEREAS, the City Manager has requested that the City Council review the need for continuing the local emergency in accordance with Section 8-7(a)(2) of the West Covina Municipal Code, and determine there is a need to continue the local emergency in order to keep the City's request with Cal OES active. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council has reviewed the need for continuing the local emergency as required by West Covina Municipal Code section 8-7(a)(2), and determines, based on the foregoing recitals, that there is a need to continue the local emergency. SECTION 2. This local emergency shall continue to exist until the City Council proclaims the termination of the local emergency. The City Council shall review the need for continuing the local emergency in the manner required by law. SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 5th day of April, 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. 2022-31 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 5th day of April, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk