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HomeMy WebLinkAboutAGENDA REPORT 2006 1206 CC SPC ITEM 04ATTEM 4. A. City Council Meeting of is -06 boob A,; , MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, Administrative Services Director /City ClerkID5-1— DATE: December 4, 2006 (Special Meeting of December 6, 2006) SUBJECT: Consider Resolution Confirming Resolution No. 2006 -2539, a Resolution of the Director of Emergency Services of the City of Moorpark Proclaiming the Existence of a Local Emergency BACKGROUND A local emergency may be proclaimed by the City Council or the Director of Emergency Services (City Manager) when the City Council cannot immediately be called into session. Such proclamations are normally made when there is an actual incident or threat of disaster or extreme peril to the safety of persons and property within the City. 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 (i.e., curfews), and activates pre - established local emergency provisions such as special purchasing and contracting. DISCUSSION The Director of Emergency Services proclaimed the existence of a local emergency throughout the city of Moorpark on Sunday, December 3, 2006, at 7:20 a.m. due to the Shekell Fire. Under Government Code Section 8630, the City Council must ratify this proclamation within seven days to continue the local emergency. In addition, the City Council must review the need to continue the proclamation at lease every 21 days until the local emergency is terminated. STAFF RECOMMENDATION Adopt Resolution No. 2006 -2540. Attachment 1: Resolution No. 2006 -2539 Attachment 2: Resolution No. 2006 -2540 b'4 1,, 0 t " "A ATTACHMENT 1 RESOLUTION NO. 2006 -2539 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 dated January 2004, as approved by the City Council. 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 3rd day of December, 2006. Steven Kueny ATTEST: Director of Emergency Services Deborah S. Traffenstedt, City Clerk Resolution No. 2006 -2539 Page 2 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2006 -2539 was adopted by the Director of Emergency Services of the City of Moorpark during a local emergency in the absence of time to convene a City Council meeting, on the 3rd day of December, 2006. 2006. WITNESS my hand and the official seal of said City this 3rd day of December, Deborah S. Traffenstedt, ` Ity Clerk (seal) ATTACHMENT 2 RESOLUTION NO. 2006 -2540 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 3rd day of December, 2006, 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 3rd day of December, 2006. 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 6th day of December, 2006. ATTEST: Deborah S. Traffenstedt, City Clerk Patrick Hunter, Mayor s