REPORT TO THE CITY COUNCIL
DATE: Meeting of January 17, 2023
TO: Mayor Walker-Griffin and Council
SUBMITTED BY: J. Patrick Tang, City Attorney
Dante Hall, City Manager/Director of Emergency Services SUBJECT: Resolution of the City Council Proclaiming Existence of a Local Emergency RECOMMENDATION: Receive report, discuss, and take action to adopt the Resolution Proclaiming the Existence of a Local Emergency.
BACKGROUND:
Back-to-back winter storms have brought unusually high winds and near record amounts of rain throughout much of the state of California. While many California cities have experienced disastrous flooding resulting in loss of life and extensive property damage, the City of Hercules has so far escaped serious or widespread damage. However, the ground is saturated and the additional rains that are forecast bring on the possibility of mudslides and flooding as well as the potential for damage to both above ground and underground city infrastructure.
DISCUSSION:
When there is a condition of extreme peril or potential peril to the safety of persons and property, the local governing body may proclaim that a local emergency exists. A local emergency may be proclaimed to exist due to a specific situation, such as flood, fire, storm, earthquake, epidemic, drought, or other condition.
For a jurisdiction that has experienced a disaster to qualify for assistance under the California Disaster Assistance Act (CDAA), a proclamation must be made within 10 days of the event. The Proclamation of a Local Emergency:
Gives public employees and governing bodies certain immunities for emergency actions taken.
Enables local agencies to request state assistance under the State CDAA.
Allows the chief executive or other authorized official designated by local ordinance to take measures to protect and preserve public health and safety.
Depending on the circumstances, financial assistance from the CDAA may be made available to repair, restore, reconstruct or replace public real property or public facilities belonging to local agencies damaged as a result of natural disasters and recover indirect costs.
The City Manager, in his capacity as Director of Emergency Services and as authorized by Hercules Municipal Code Section 3-1.06, on January 10, 2023 issued a Declaration Proclaiming the Existence of a Local Emergency (Attachment 1). Pursuant to Section 8630 of the California Government Code, whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. Adoption of the Resolution Proclaiming Existence of a Local Emergency by the governing body is required in order to qualify for assistance under the state California Disaster Assistance Act (CDAA).
CONCLUSION:
The potential for significant damage from winter storms makes it prudent to prepare for the possibility that conditions could at some point exceed the capability of local forces to control effectively, requiring assistance from the CDAA and/or FEMA.
ATTACHMENTS:
January 10, 2023 Director of Emergency Services Declaration Proclaiming the Existence of a Local Emergency Draft Resolution of the Hercules City Council Proclaiming Existence of a Local Emergency Page PAGE \* MERGEFORMAT 1
Date Page PAGE \* MERGEFORMAT 1