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Home My WebLink AboutAGENDA REPORT 2004 0121 CC REG ITEM 09BFrom: Date: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM q . 0 . r... Kim C. Chudoba, Senior Management Analyst A<e e" January 9, 2004 (CC Meeting of 1/21/04) Subject: Consider Resolution Proclaiming the Termination of a Local Emergency and Rescinding Resolutions 2003 -2136 and 2003 -2137 Regarding the "Simi Fire" BACKGROUND On October 26, 2003, the Director of Emergency Services (City Manager) proclaimed the existence of a Local Emergency due to the "Simi Fire" (Resolution 2003 - 2136) . On October 31, 2003, the City Council ratified this proclamation (Resolution 2003 - 2137). Per the City Council's resolution, the Local Emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. Government Code Section 8630 requires the City Council to review the need for continuing the Local Emergency at all regularly scheduled meetings until the Local Emergency is terminated; the period between reviews must not exceed 21 days. On November 19, 2003, the City Council continued the proclamation of a Local Emergency to finalize damage assessment and evaluate post -fire impacts. On November 21, 2003, staff submitted a Request for Public Assistance to the Federal Emergency Management Agency through the Governor's Office of Emergency Services. On December 3, 2003, the City Council continued the proclamation to complete the application process. On December 2, 2003, staff attended a Public Assistance Kick -off Meeting. The City is seeking reimbursement for various "emergency protective measures." Grants are based on estimated or actual cost information for individual projects. In addition, staff is exploring other types of disaster assistance to help individuals, businesses, and public entities mitigate losses. On December 17, 2003 and January 7, 2004, the City Council continued the proclamation of a Local Emergency to complete this analysis. Honorable City Council January 21, 2004 Regular Meeting Page 2 The proclamation of a Local Emergency authorizes the undertaking of extraordinary police powers, provides limited immunity for emergency actions of public employees and governing bodies, authorizes the issuance of orders and regulations to protect life and property, and activates pre - established Local Emergency provisions such as special purchasing and contracting. DISCUSSION The City has completed the Public Assistance application process and an analysis of other types of disaster assistance to help individuals, businesses, and public entities mitigate losses. Therefore, staff recommends that the City Council adopt a resolution proclaiming the termination of a Local Emergency and rescinding resolutions 2003 -2136 and 2003 -2137 regarding the "Simi Fire." STAFF RECONbONDATION Adopt Resolution No. 2004- Attachment 1: Resolution No. 2003 -2136 Attachment 2: Resolution No. 2003 -2137 Attachment 3: Resolution No. 2004- 000009 ATTACHMENT � RESOLUTION NO. 2003 -2136 A RESOLUTION OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MOORPARK, CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Section 2.48.060 of the City of Moorpark Municipal Code empowers the Director of Emergency Services 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; and WHEREAS, the Director of Emergency Services of the City of Moorpark does hereby find: That conditions of extreme peril to the safety of persons and property have arisen within said city, caused by fire; and That the City Council of the City of Moorpark is not in session (and cannot immediately be called into session). NOW, THEREFORE, THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MOORPARK DOES HEREBY PROCLAIM AS FOLLOWS: SECTION 1. A local emergency now exists throughout said city. SECTION 2. 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, by ordinances, and resolutions of this city, and by the City of Moorpark Standardized Emergency Management System Multihazard Functional Plan, as approved by the City Council on February 16, 2000. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 26th day of October, 2003. At "-1 ��/- L � Steven Kueny Director of Emergency Services ATTEST: Deborah S. Traffenste , City Clerk RESOLUTION NO. 2003 -2137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Section 2.48.060 of the City of Moorpark Municipal Code empowers the Director of Emergency Services 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 within seven days; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within this city, caused by fire commencing on or about the 26th day of October, 2003, at which time the City Council of the City of Moorpark was not in session; and WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS, the Director of Emergency Services of the City of Moorpark did proclaim the existence of a local emergency within said city on the 26th day of October, 2003. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY PROCLAIM AS FOLLOWS: SECTION 1. That said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Moorpark, State of California. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 31 ATTEST: Deborah S. Traffensted , City Clerk 000101 ATTACHMENT 1 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, PROCLAIMING THE TERMINATION OF A LOCAL EMERGENCY AND RESCINDING RESOLUTIONS 2003 -2136 AND 2003 -2137 REGARDING THE "SIMI FIRE" WHEREAS, Section 2.48.060 of the City of Moorpark Municipal Code empowers the Director of Emergency Services 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 within seven days; and WHEREAS, conditions of extreme peril to the safety of persons and property arose within the City of Moorpark, caused by fire commencing on or about the 26th day of October, 2003, at which time the City Council was not in session; and WHEREAS, the Director of Emergency Services proclaimed the existence of a local emergency within the City of Moorpark due to fire on the 26th day of October, 2003 (Resolution 2003 - 2136); and WHEREAS, the City Council of the City of Moorpark ratified the proclamation of a local emergency on October 31, 2003 (Resolution 2003 - 2137); and WHEREAS, said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council per Resolution 2003 -2137; and WHEREAS, Government Code Section 8630 requires the City Council to review the need for continuing the local emergency at all regularly scheduled meetings until the local emergency is terminated, and the period between reviews must not exceed 21 days; and WHEREAS, the City Council reviewed and continued the proclamation of a local emergency on November 19, 2003, December 3, 2003, December 17, 2003, and January 7, 2004; and WHEREAS, the situation resulting from said conditions of extreme peril is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities of and within the City of Moorpark; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: 000012 Resolution No. 2004 - Page 2 SECTION 1. The local emergency is terminated. SECTION 2. Resolutions 2003 -2136 and 2003 -2137 are rescinded. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 21st day of January, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 4®003