M O
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: FIRE DEPARTMENT, OFFICE OF EMERGENCY MANAGEMENT
BY: DAN HURLOCK, FIRE CHIEF
DATE: SEPTEMBER 12, 2023
SUBJECT: RESOLUTION RATIFYING THE CITY MANAGER'S PROCLAMATION OF A
LOCAL EMERGENCY DECLARED IN RESPONSE TO TROPICAL STORM HILARY
EXECUTIVE SUMMARY
The City Council will consider adopting Resolution No. 23-8192, ratifying the City Manager's Proclamation of a local emergency declared in response to Tropical Storm Hilary, to memorialize the City Manager's proclamation declared on August 20, 2023.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 23-8192, ratifying the City Manager's Proclamation of a Local Emergency declared in response to Tropical Storm Hilary on August 20, 2023 to memorialize the City's Manager's proclamation; and
2. Authorize the City Manager, acting as Director of Emergency Services, to request financial assistance from federal and state authorities to recoup costs incurred by the City in its efforts to mitigate and respond to damage caused by Tropical Storm Hilary.
BACKGROUND
On August 20, 2023, Tropical Storm Hilary struck the City of Downey, causing flooding in City streets, adverse impacts to critical infrastructure/utilities, power outages, property damage, falling debris, and downed trees as a result of the storm. Also, on August 20, 2023, the City Manager declared a local emergency as a result of the storm and its aftermath, as a precautionary measure in preparation for the storm's impact and to open up the possibility of the City receiving reimbursement for storm related expenses. The local emergency ended on August 26, 2023.
The purpose of this Resolution is to memorialize the City Manager's proclamation of a local emergency declared in response to Tropical Storm Hillary on August 20, 2023.
ADOPT RESOLUTION NO. 23-8192, RATIFYING THE CITY MANAGER'S PROCLAMATION OF A LOCAL EMERGENCY DECLARED IN RESPONSE TO TROPICAL STORM HILARY ON AUGUST 20, 2023 TO MEMORIALIZE THE CITY'S MANAGER'S PROCLAMATION
SEPTEMBER 12, 2023
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ANALYSIS
On August 18, 2023, Governor Gavin Newsom declared a state of emergency in the State of California due to the damages and impact from Tropical Storm Hilary. Shortly after, on August 20, 2023, Los Angeles County declared an emergency based on the conditions of Tropical Storm Hilary, enabling Los Angeles County to take extraordinary measures.
Despite the City's mitigation efforts in purchasing sandbags for City residents to prevent flooding and expending additional City staff time to produce and provide this service, the City nonetheless sustained damage as a result of the storm. The storm caused flooding in City streets, adverse impacts to critical infrastructure/utilities, power outages, property damage, falling debris, and downed trees.
On August 20, 2023, the City Manager, in his capacity as Director of Emergency Services, proclaimed a Local Emergency as a result of damages from Tropical Storm Hilary as a precautionary measure and to open up the possibility of receiving reimbursement for storm related costs. Pursuant to Article II, Chapter 4, Part 4, Section 2434(a)(1) of the Downey Municipal Code and Government Code Section 8630(a), they empower the Director of Emergency Services to proclaim the existence of a local emergency when the Downey City Council is not in session. The City Manager's proclamation of a local emergency declared in response to Tropical Storm Hilary ended on August 26, 2023.
Mitigating, responding to and recovering from the damages of Tropical Storm Hilary required the City to divert resources from normal day-to-day operations, and imposed extraordinary requirements on and expenses to the City. The City requires financial and other assistance from State and Federal authorities, to respond to, address and mitigate the damage caused by Tropical Storm Hilary within the City. The Proclamation will ensure the City is eligible to apply for cost reimbursement from the State and/or Federal government.
The cost reimbursement process includes many steps. The initial step is for the City to conduct an initial damage estimate (IDE), which occurs immediately after a disaster. The IDE is then submitted to the County, which is collected and submitted to the State. The State will determine if the County meets the threshold for various types of grants, such as Public Assistance (for public property damage), Individual Assistance (for personal property damage), and/or Small Business Administration loan assistance. If the County is eligible for any of these grants, the City will need to go through the application and documentation process to prove the actual cost of damages. This process may take some time to complete, and the City will be subject to audits at a later date.
Staff recommends that the City Council review and ratify the attached Resolution No. 23 -8192 to memorialize the City Manager's proclamation of a local emergency declared in E
ADOPT RESOLUTION NO. 23-8192, RATIFYING THE CITY MANAGER'S PROCLAMATION OF A LOCAL EMERGENCY DECLARED IN RESPONSE TO TROPICAL STORM HILARY ON AUGUST 20, 2023 TO MEMORIALIZE THE CITY'S MANAGER'S PROCLAMATION
SEPTEMBER 12, 2023
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response to Tropical Storm Hilary on August 20, 2023, and which ended on August 26, 2023. This will assist the City in the process of claiming reimbursement for storm related events.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Staff estimates that the City incurred approximately $38,000 in mitigation and response efforts and in addressing damage caused by the storm. This figure may change as staff continues to assess the effects of the storm within the City and the requisite services to remedy them.
ATTACHMENTS
Attachment A: Resolution No. 23-8192, "Ratifying the City Manager's Proclamation of a Local Emergency declared in response to Tropical Storm Hilary on August 20, 2023 to memorialize the City's Manager's proclamation." 9 RESOLUTION NO. 23-8192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
RATIFYING THE CITY MANAGER'S PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY DECLARED AS A RESULT
OF TROPICAL STORM HILARY
WHEREAS, Article II, Chapter 4, Part 4, Section 2434(a)(1) of the Downey Municipal Code and Government Code Section 8630(a) empowers the City Manager acting as Director of Emergency Services to proclaim the existence of a local emergency when the Downey City Council is not in session; and
WHEREAS, Downey Municipal Code Section 2431 defines "emergency" to mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or the imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are, or are 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, conditions of disaster or extreme peril to the health and safety of persons are present in the City as a result of Tropical Storm Hilary; and WHEREAS, on August 18, 2023, Governor Gavin Newsom declared a state of emergency in the State of California due to the damages and impact from Tropical Storm Hilary; and
WHEREAS, on August 20, 2023, Los Angeles County declared an emergency due to the damages from Tropical Storm Hilary, thus enabling Los Angeles County to take extraordinary measures; and
WHEREAS, also on August 20, 2023, the City Manager declared a local emergency within the City as a result of Tropical Storm Hilary; and WHEREAS, the foregoing local emergency declared by the City Manager in response to Tropical Storm Hilary ended on August 26, 2023; and
WHEREAS, the storm's potential impact to the City was initially uncertain. However, the City sustained flooding in City streets, adverse impacts to critical infrastructure, and utilities, power outages, property damage, falling debris, and downed trees as a result of the storm; and WHEREAS, the City also incurred necessary expenses to mitigate potential damage of the storm, such as purchasing sandbags for City residents to prevent flooding and additional City staff time to procure and provide this service; and
RESOLUTION NO. 23-8192
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WHEREAS, remedying the damage casued by the storm are beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, the mobilization of local resources, and the ability to coordinate interagency response, accelerate procurement of vital supplies, and use mutual aid, are critical to the City successfully responding to the effects and impacts of Tropical Storm Hilary and its aftermath; and
WHEREAS, mitigating, responding to, and recovering from the damages of Tropical Storm Hilary required the City to divert resources from normal day-to-day operations, and imposed extraordinary requirements on and expenses to the City; and WHEREAS, the City requires financial and other assistance from State and Federal authorities, to respond to, address and mitigate the damage caused by Tropical Storm Hilary in the City, and
WHEREAS, under California Government Code section 8630(b) and Downey Municipal Code section 2434(a) a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect; and
WHEREAS, the City Council hereby finds that the above described conditions related to the Tropical Storm Hilary did warrant and necessitate the proclamation of the existence of a local emergency in the City of Downey by the City Manager acting as the Director of Emergency Services; and
WHEREAS, the conditions related to Tropical Storm Hilary caused the need to make City staffing modifications and to expend public money to protect the public health and safeguard life, health, and essential public services; and WHEREAS, the City of Downey requests that the Governor of California waive regulations that may hinder response and recovery efforts and that recovery assistance be made available under the California Disaster Assistance Act, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitations are true and correct.
SECTION 2. The City Manager, acting as Director of Emergency Services' Proclamation of a Local Emergency declared on August 20, 2023 as a result of Tropial Storm
RESOLUTION NO. 23-8192
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Hilary is hereby ratified by the Downey City Council to memorialize the foregoing declaration; and
SECTION 3. Pursuant to the City Manager's proclamation memorializing the local emergency declared by the City Manager in response to Tropical Storm Hilar on August 20, 2023, the foregoing local emergency ended on August 26, 2023; and SECTION 4. That the City Council finds based on substantial evidence that the public interest and necessity demanded the immediate expenditure of public money by the City Manager, acting as the Director of Emergency Services, to safeguard life and safety, or essential public services; and that the emergency would not permit a delay resulting from a competitive solicitation for bids; that this action was necessary to respond to the Local Emergency, and that the City Manager's action, in responding to the local emergency prior to the adoption of this Resolution, is hereby ratified; and SECTION 5. That the City Manager is authorized to request financial assistance from the State of California and Federal Government on behalf of the residents and City of Downey to recoup costs incurred by the City in its efforts to mitigate and respond to damage caused by Tropical Storm Hilary; and
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 12th day of September, 2023.
CLAUDIA FROMETA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
CITY CLERK
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular Meeting held on the 12th day of September, 2023, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
RESOLUTION NO. 23-8192
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MARIA ALICIA DUARTE, CIVIC
City Clerk