APPLE VALLEY TOWN COUNCIL
ADDENDUM AGENDA
Tuesday, February 13, 2024, 6:30 p.m.
Council Chamber
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The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.
This is an agenda for the scheduled meeting of the Town of Apple Valley.
This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.
Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.
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Pages
6. Town Council Consent Agenda
*6.9 RESOLUTION OF THE TOWN OF APPLE VALLEY RATIFYING
PROCLAMATION NO. 2024-01 AND PROCLAIMING THE EXISTENCE
OF A LOCAL EMERGENCY
3 That the Town Council ratify a proclamation proclaiming the existence of a local emergency within the Town of Apple Valley resulting from the Extreme Winter Storm.
Town Council Agenda Report
Date: February 13, 2024
To: Honorable Mayor and Town Council
Subject: RESOLUTION OF THE TOWN OF APPLE VALLEY RATIFYING PROCLAMATION NO. 2024-01 AND PROCLAIMING THE EXISTENCE
OF A LOCAL EMERGENCY
From: Douglas Robertson, Town Manager
Submitted by: Douglas Robertson, Town Manager
Budgeted Item: Yes No N/A
RECOMMENDED ACTION
That the Town Council ratify a proclamation proclaiming the existence of a local emergency within the Town of Apple Valley resulting from the Extreme Winter Storm.
BACKGROUND
On February 4, 2024, the County of San Bernardino declared the existence of an emergency as a result of the February Extreme Weather Event #2.
On February 4, 2024, the Governor also proclaimed a state of emergency in San Bernardino County in connection with severe winter storms.
On February 8, 2024, the Town Manager, in his capacity as Director of Emergency Services of the Town, and in accordance with Section 2.40.060.A(1) of the Apple Valley Municipal Code, signed Proclamation No. 2024-01, proclaiming the existence of a local emergency in the Town of Apple Valley.
The winter storms and heavy rains coupled with large water releases from mountain reservoirs and flooding have resulted in conditions of extreme peril within the Town of Apple Valley including potentially calamitous damage to roads within the Town, which would cause irreversible damage to persons and property. The Town’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical in successfully responding to the issues created by the winter storms and their aftermath.
During the existence of a local emergency, the powers and duties of the emergency organization of the Town shall be those prescribed by State law, ordinances and resolutions of this Town, and by the current Town of Apple Valley Emergency Operations Plan, as approved by the Town Council.
FISCAL IMPACT
The potential costs are undetedrmined at this time. If the Town of Apple Valley is significantly impacted by the storms, it may require the use of additional funding. Should this occur, a future agenda item will be submitted to the Town Council for approval. To the extent possible, the Town Manager will take necessary actions to seek reimbursement of expenses in accordance with federal disaster laws.
ATTACHMENTS
A. Resolution No. 2024-03
B. Apple Valley Emergency Proclamation No. 2024-01
C. State of California Local Emergency – Storms
D. San Bernardino County Local Emergency
RESOLUTION NO. 2024-03
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF APPLE VALLEY RATIFYING PROCLAMATION NO.
2024-01 AND PROCLAIMING THE EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS, Government Code Section 8630 authorizes the proclamation of a local emergency by an official designated by ordinance adopted by the local governing body; and
WHEREAS, Government Code Section 8558 states that a local emergency means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property caused by conditions including storms; and WHEREAS, Chapter 2.40 of the Apple Valley Municipal Code empowers the Town Manager to proclaim a local emergency when the Town of Apple Valley is affected or likely to be affected by a public calamity; and
WHEREAS, the Town Manager, in his capacity as Director of Emergency Services of the Town, and in accordance with Section 2.40.060.A(1) of the Apple Valley Municipal Code, is authorized to proclaim the existence of a local emergency when the Town Council is not in session; and
WHEREAS, on February 4, 2024, the County of San Bernardino declared the existence of an emergency as a result of the February Extreme Weather Event #2; and WHEREAS, on February 4, 2024, the Governor also proclaimed a state of emergency in San Bernardino County in connection with severe winter storms; and WHEREAS, on February 8, 2024, in his capacity as Director of Emergency Services, the Town Manager declared that a local emergency did exist in the Town of Apple Valley due to the extreme winter storms and heavy rains; and WHEREAS, the Town Council of the Town of Apple Valley is required to take action to ratify the proclamation of a local emergency within seven days of the effectiveness of the declaration; and
WHEREAS, the winter storms and heavy rains coupled with large water releases from mountain reservoirs and flooding continue to result in conditions of extreme peril within the Town of Apple Valley including potentially calamitous damage to roads within the Town; and
WHEREAS, the rising water levels are endangering critical Town infrastructure and presenting a risk of irreversible damage to persons and property including severe sink holes in major highway arterials of the Town; and
WHEREAS, the Town’s ability to mobilize local resources, coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to the issues created by the winter storms and their aftermath; and WHEREAS, the conditions of extreme peril warrant and necessitate the resolution of the existence of a local emergency.
NOW, THEREFORE, BE IS RESOLVED by the Town Council of the Town of Apple Valley as follows:
Section 1. Incorporation of Recitals and Staff Report. The Town Council finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the Town Council as if fully set forth herein.
Section 2. Ratification of Proclamation 2024-01. The Town Council of the Town of Apple Valley hereby ratifies Proclamation No. 2024-01 issued by the Town Manager on February 8, 2024.
Section 3. Declaration of Emergency. The Town Council of the Town of Apple Valley hereby proclaims that a local emergency now exists throughout the Town.
Section 4. Powers of Director. During the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the Emergency Organization of this Town shall be those prescribed by state law, ordinances and resolutions of this Town and by the Town of Apple Valley Emergency Plan.
Section 5. Cost Tracking. The Town Manager is hereby directed to ensure Town staff track costs associated with staffing, supplies, and equipment related to this emergency and to furnish the Finance Department with such information on a regular basis during the course of the emergency.
Section 6. Severability. If any provision of this Proclamation or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Proclamation are declared to be severable.
Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution and the above findings are based are located at the Town’s offices at 14955 Dale Evans Parkway, Apple Valley, CA 92307, and the custodian of records for these documents is the Town Clerk.
Section 8. Effective Date. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the Town Clerk shall attest and certify to the passage and adoption thereof. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the Town Council of the Town of Apple Valley.
PASSED AND ADOPTED THIS 13th day of February, 2024
________________________________
Mayor Scott Nassif
ATTEST:
La Vonda M-Pearson, Town Clerk
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS in early February 2024 a powerful, slow moving, atmospheric river (“early February 2024 storms”) struck California beginning February 3, 2024, and is expected to continue for several days threatening life and safety, public and private property and structures, and other critical infrastructure; and WHEREAS the National Weather Service has issued multiple Winter Storm Warnings, High Wind Warnings, Wind Advisories, and Flood and Flash Flood Watches throughout the State in anticipation of the potential impacts from the early February 2024 storms, which include dangerous and life-threatening flooding and debris flows, heavy snow, and damaging wind causing property damage and power outages; and
WHEREAS the National Weather Service has also issued high surf advisories impacting coastal communities throughout California, forecasting large breaking waves and dangerous rip currents; and
WHEREAS the numerous wildfires over the last several years throughout southern California counties have caused massive burn scars, exacerbating the potential for precipitation to cause mud and debris flows; and WHEREAS prepositioning of assets has taken place throughout the State, including the placement of swift water rescue teams, high water vehicles, and equipment for the clearing of debris; and
WHEREAS under the provisions of Government Code section 8558(b), I find that conditions of extreme peril to the safety of persons and property exist due to the early February 2024 storms in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties; and
WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the early February 2024 storms, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the magnitude of the anticipated impacts caused by the early February 2024 storms; and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the early February 2024 storms.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular,
Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties.
IT IS HEREBY ORDERED THAT:
1. All agencies of the state government shall utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Office of Emergency Services and the State Emergency Plan. Also, all residents are to obey the direction of emergency officials with regard to this emergency in order to protect their safety.
2. The Office of Emergency Services shall provide assistance to local governments, if appropriate, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
3. As necessary to assist local governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of the early February 2024 storms.
Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of the early February 2024 storms.
4. Any fairgrounds the Office of Emergency Services determines suitable to assist individuals impacted by the early February 2024 storms shall be made available to the Office of Emergency Services pursuant to the Emergency Services Act, Government Code section 8589. The Office of Emergency Services shall notify the fairgrounds of the intended use and may immediately utilize the fairgrounds without the fairground board of directors' approval.
5. The California National Guard may be mobilized under Military and Veterans Code section 146 to support disaster response and relief efforts, as directed by the Office of Emergency Services, and to coordinate with all relevant state agencies and state and local emergency responders and law enforcement within the impacted areas. Sections 147 and 188 of the Military and Veterans Code are applicable during the period of participation in this mission, exempting the California Military Department from applicable procurement rules for specified emergency
purchases, and those rules are hereby suspended.
6. Any state-owned properties the Office of Emergency Services determines are suitable to address the impacts of the early February 2024 storms shall be made available to the Office of Emergency Services for this purpose in accordance with
Government Code section 8570.
7. The provisions of Unemployment Insurance Code section 1253 imposing a one-week waiting period for unemployment insurance applicants are suspended as to all applicants who are
unemployed as a direct result of the early February 2024 storms and apply for unemployment insurance benefits during the time period beginning February 4, 2024, and ending on the close of business on August 5, 2024, in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties and who are otherwise eligible for
unemployment insurance benefits.
8. Vehicle Code sections 9265(a), 9867, 14901, 14902, and 15255.2, requiring the imposition of fees, are suspended with regard to any request for replacement of an identification card, driver’s license card, vehicle registration certificate, or certificate of title, or registration stickers, by any individual who lost such records as a result of the early February 2024 storms in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties. Such records shall be replaced without charge.
9. The provisions of Vehicle Code sections 4602 and 5902, requiring the timely registration or transfer of title are suspended with regard to any registration or transfer of title by any resident of Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties, who is unable to comply with those requirements as a result of the early February 2024 storms. The time covered by this suspension shall not be included in calculating any late penalty pursuant to Vehicle Code section 9554.
10.In order to ensure hospitals, clinics, and other health facilities remain open, the Director of the California Department of Public Health (CDPH) may waive any of the licensing requirements of chapters 1, 2, 8, and 8.5 of division 2 of the Health and Safety Code and accompanying regulations with respect to any
hospital, clinic, other health facility, home health agency, or hospice agency identified in Health and Safety Code sections 1200, 1250, 1727, or 1746 that is impacted by the early February 2024 storms. Any waiver shall include alternative measures that, under the circumstances, will allow the facilities to remain open while protecting public health and safety. Any health facilities or agencies being granted a waiver shall be established and operated in accordance with their disaster and mass casualty plan or emergency preparedness plan. Any waivers granted pursuant to this paragraph shall be posted on the CDPH website and shall be in effect only so long as necessary to address the direct impacts of the early February 2024 storms in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties.
11.In order to directly respond to the needs of impacted adult and senior care facilities, child care facilities, children’s residential facilities, resource family homes, home care organizations, and
other similar care facilities and care providers within the State Department of Social Services’ (CDSS) jurisdiction, the Director of CDSS may waive any provisions of the Family Code, Health and Safety Code, or Welfare and Institutions Code, and
accompanying regulations or written directives, with respect to the use, licensing, certification, registration or approval of care providers, facilities or homes within CDSS jurisdiction set forth in the California Community Care Facilities Act (Health and Safety Code section 1500 et seq.), Child Care Provider Registration (Health and Safety Code section 1596.60 et seq.), the California Child Day Care Facilities Act (Health and Safety Code section 1596.70 et seq.), Residential Care Facilities for Persons With Chronic Life-Threatening Illness (Health and Safety Code section 1568.01 et seq.), the California Residential Care Facilities for the Elderly Act (Health and Safety Code section 1569 et seq.), Medical Foster Homes for Veterans (Health and Safety Code section 1568.21 et seq.), Continuing Care Contracts (Health and Safety Code section 1770 et seq.), the Home Care Services Consumer Protection Act (Health and Safety Code section 1796.10 et seq.), and the Resource Family Approval Program (Welfare and Institutions Code section 16519.5 et seq.). Any waivers granted pursuant to this paragraph shall be posted on the CDSS website and shall be in effect only so long as necessary to address the direct impacts the early February 2024 storms in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties.
12.In order to directly respond to the needs of behavioral health programs and facilities impacted by the storm, including alcohol and other drug programs, adult alcoholism or drug abuse recovery or treatment facilities, driving-under-the-influence programs, narcotic treatment programs, psychiatric health facilities, mental health rehabilitation centers, social rehabilitation programs, skilled nursing facilities with special treatment programs, Lanterman-Petris-Short designated facilities, community treatment facilities, short term residential therapeutic programs, and children’s crisis residential programs, the Director of the Department of Health Care Services (DHCS) may waive any licensing, certification, or approval requirements for such programs under its jurisdiction set forth in Welfare and Institutions Code, Divisions 4, 5 and 9 and in Health and Safety Code, Divisions 2 and 10.5 and accompanying regulations, written standards, or information notices. Any waivers granted pursuant to this paragraph shall be posted on the DHCS website and shall be in effect only so long as necessary to address the direct impacts of the early February 2024 storms in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties.
13.Health and Safety Code sections 103525.5 and 103625, and Penal Code section 14251, requiring the imposition of fees are hereby suspended with regard to any request for copies of certificates of birth, death, marriage, and dissolution of marriage records, by any individual who lost such records as a result of the early February
2024 storms in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties. Such copies shall be provided without charge.
14.Drivers may exceed the hours-of-service limits specified in California Vehicle Code section 34501.2 and California Code of Regulations, Title 13, section 1212.5 while operating a vehicle engaged in fuel transportation in support of emergency relief efforts, subject to the following conditions:
a. Motor carriers or drivers currently subject to an out-of-service order are eligible for the exemption once the out-of-service order expires or when they have met the conditions for its rescission.
b. In accordance with Section 1214, Title 13, California Code of Regulations, no motor carrier operating under the terms of this Proclamation will require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor vehicle carrier that they need immediate rest shall be given at least ten consecutive hours off-duty before being required to return to service.
c. Drivers shall maintain a driver’s record of duty status, regardless of number of hours worked each day. These records shall be prepared, submitted, and maintained as required by Section 1213, Title 13, California Code of Regulations.
15.Consistent with Parts 390 and 395, Title 49, Code of Federal Regulations, drivers may exceed the hours-of-service limits specified while operating a vehicle engaged in fuel
transportation in support of emergency relief efforts. These waivers shall be in effect only for the duration of the driver’s direct assistance in providing emergency relief, or thirty (30) days from the date of this Proclamation, whichever is less.
16.In order to allow out-of-state contractors and other utilities driving their own vehicles to provide mutual aid assistance for the restoration of electrical power within the counties impacted by storm, applicable provisions of the Vehicle Code including, but not limited to, Vehicle Code section 34620 requiring a motor carrier permit [licensing] and imposition of certain fees, are suspended for motor carriers providing such assistance. Also, the requirements for motor carriers and drivers in Vehicle Code sections 1808.1 [pull-notice program that checks for driver's license violations], 27900 [display name on vehicle], 27901 [size and color of display name on vehicle], 34505.5 [requirement to have been inspected within 90 days], and 34501.12 [requirement to set up home base in California] are suspended while providing mutual aid assistance for the emergency restoration of services.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
This Proclamation is not intended to, and does not, create any rights or benefits, substantive, or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 4th day
of February 2024.
_________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY N. WEBER, PH. D
Secretary of State
SAN BERNARDINO COUNTY
STATE OF CALIFORNIA
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(By Director of Emergency Services)
WHEREAS, California Government Code section 8630 and San Bernardino County Code section
21.0101 et seq. empower the Chief Executive Officer to proclaim the existence or threatened existence of a local emergency when San Bernardino County is affected or likely to be affected by a public calamity and the Board of Supervisors is not in session; and
WHEREAS, the Chief Executive Officer of San Bernardino County does hereby find:
WHEREAS, the National Weather Service issued an extreme weather warning on February 4, 2024, warning conditions of damage and extreme peril to the safety and persons and property within San Bernardino County; and
WHEREAS, the National Weather Service issued a series of Flood Watches on February 2, 2024, warning of potential significant flooding between February 4, 2024 and February 7, 2024; and WHEREAS, the National Weather Service issued a series of Winter Storm Warning on February 2, 2024, warning of significant impact to San Bernardino County between February 4, 2024 and February 7, 2024; and
WHEREAS, burn scars from the Apple and El Dorado fires create conditions of dangerous and potentially catastrophic flooding, mudslides, and debris flows; and WHEREAS, damaged and closed roads will create an economic burden to affected communities that rely on vehicular tourist traffic;
WHEREAS, damage may continue due to ongoing weather activity including snow, rain, mudslides, debris runoff, and flooding; and
WHEREAS, the Board of Supervisors of the County of San Bernardino is not in session and cannot immediately be called into session;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency exists throughout said County; and
IT IS FURTHER PROCLAIMED AND ORDERED that as of this date all County departments and agencies take those actions, measures and steps deemed necessary to assure the safety and welfare of San Bernardino County residents and property, including requesting mutual aid to the extent such aid is necessary and during the existence of said local emergency the powers and duties of the emergency organization of the County shall be those prescribed by State law, by charter, ordinances, and resolutions of this County, and by the current San Bernardino County Emergency Plan, as approved by the Board of Supervisors.
IT IS FURTHER PROCLAIMED AND ORDERED that this local emergency be ratified by the County Board of Supervisors in accordance with section 8630 of the California Government Code.
IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the Board of Supervisors or it is terminated by operation of law.
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Governor of California.
IT IS FURTHER PROCLAIMED AND ORDERED that the San Bernardino County Director of Emergency Services and the County Chief Executive Officer shall be entitled to sign and transmit an electronic signature of this Proclamation (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein.
IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the Director of the California Governor’s Office of Emergency Services.
Dated: ____________________
Time of Signing: __________________
_____________________________________
Luther Snoke
Director of Emergency Services,
San Bernardino County
February 4, 2024
8:29 p.m.