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Attachment 1 - Resolution Ratifying Proclamation of Local Emergency (updated 11.9.2024)

Camarillo City Council
November 13, 2024

Document
Attachment 1 - Resolution Ratifying Proclamation of Local Emergency (updated 11.9.2024)
Meeting
November 13, 2024
Body
Camarillo City Council
Original file
237 KB
Text extracted from the city's file for reading and search. Open the original on camarillo.primegov.com. That file is the official record.

RESOLUTION NO.

RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO,

CALIFORNIA, PROCLAIMING AND AFFIRMING THE EXISTENCE OF A

LOCAL EMERGENCY, AND CONFIRMING AND RATIFYING PROCLAMATION

BY CITY'S EOC DIRECTOR OF THE EXISTENCE OF A LOCAL EMERGENCY,

IN RESPONSE TO THE MOUNTAIN FIRE
WHE
REAS, the California Emergency Services Act, Government Code sections 8550 et seq., including sections 8558(c) and 8630, authorize the proclamation of a local emergency, when conditions of a disaster or extreme peril to the safety of persons and property exist within the territorial limits of a city. Government Code section 8558(c) defines "local emergency" conditions to include flood, storm, hazardous materials incident, sudden and severe energy shortage, or other conditions that are or are likely to be, beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, beginning on November 6, 2024, conditions of disaster or extreme peril to the safety of persons and property within the City has occurred due to the Mountain Fire; including damage to City infrastructure and presenting imminent peril to the health, safety and welfare of City residents and businesses and to City staff and operations; and WHEREAS, the County of Ventura’s Sheriff Fryhoff acting as the Director of Emergency Services declared a Proclamation of Local Emergency on November 6, 2024; and WHEREAS, Camarillo Municipal Code (CMC) Chapter 2.32 appoints the City Manager as the EO C Director and after consideration of all facts reasonably available presently then for review, and pursuant to his rights and responsibilities under the CMC; within his duties so outlined, on November 7, 2024, the City Manager acting as Director of EO C for the City declared the existence, of a local emergency by issuing the “Proclamation of the Existence of a Local Emergency”, attached hereto as Exhibit “A”; and
WHEREAS, pursuant to the provisions of Government Code section 8558(b), on November 7, 2024, the Governor of the State of California issued a "Proclamation of a State of Emergency" ("Governor's Proclamation") declared that conditions of extreme peril to the safety of persons and property exist due to the Mountain Fire, ordering in relevant part as follows:

1. All agencies of the state government 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 Of
fice 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.

WHE
REAS, the health, safety and welfare of City residents, businesses, visitors and staff are of utmost importance to the City and additional future measures may be needed to protect the community. The mobilization of local resources, ability to 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 successfully responding to the present storm related state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and
WHEREAS, the recitals and findings of the Governor's Proclamation and Ventura County Proclamation are referenced and incorporated herein as though set forth in full and are hereby adopted by reference as the recitals and findings of this Resolution; and WHEREAS, after consideration of all facts reasonably available for review, the City Council of the City of Camarillo desires to affirm and ratify that the existence of a state of emergency throughout the City existed at the time that the EOC Director issued his Proclamation of a Local Emergency on November 7, 2024; and does hereby affirm the existence of a state of local emergency in the City as of the adoption of this Resolution.

WHEREAS, Government Code section 8630(c) requires the governing body to review the need for continuing the local emergency at least every 60 days until the governing body terminates the local emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMARILLO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The above Recitals are true and correct and incorporates them herein by reference.

Section 2. The proclamation of the City Manager as EO C Director declaring a local emergency attached hereto as Exhibit “A”, is hereby ratified as required by California Government Code Section 8630(b) and affirms and proclaims there is a local emergency Section 3. The City Manager is further authorized and directed to submit and execute such records and documents as may be required to secure financial and other assistance from the California Governor’s Office of Emergency Services (OES) , or other entities, because of the Mountain Fire.

Section 4. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council as authorized pursuant to Government Code section 8630.

Section 5. If any subsection, sentence, clause, phrase, or word of this Resolution or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Resolution.

Section 6: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the record of original resolutions.

PASSED AND ADOPTED November 13, 2024.

________________________________
TONY TREMBLEY, Mayor

_____________________________
City Clerk

I, Kristy Buxkemper, City Clerk of the City of Camarillo , certify Resolution No. ____ was adopted by the City Council of the City of Camarillo at a special meeting held November 13th, 2024, by the following vote:

YES: Councilmembers:

NO: Councilmembers:

ABSENT: Councilmembers:

__________________________
City Clerk

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