CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Tamara S. Letourneau, City Manager/Director of Emergency Services DATE: May 17, 2022
SUBJECT: Adoption of Resolution No. 2022-1388, Ratifying the Director of Emergency Services' Proclamation of the Existence of a Local Emergency in connection with the Coastal Fire
RECOMMENDATION
Staff recommends that the City Council Adopt Resolution No. 2022-1388, Ratifying the Director of Emergency Services' Proclamation of the Existence of a Local Emergency Due to the Coastal Fire Under Government Code Section 8630 and Division 15 of Title 11 of the Laguna Niguel Municipal Code ("Emergency Preparedness").
BACKGROUND
Section 11-15-5 (A) of the Laguna Niguel Municipal Code designates the City Manager as the City's Director of Emergency Services. In an emergency, Section 11-15-6 (A)(1) of the Laguna Niguel Municipal Code authorizes the Director of Emergency Services, if the City Council is not in session, to proclaim the existence or threatened existence of a local emergency.
On May 11, 2022, at approximately 2:45 p.m., a vegetation fire erupted near the base of Aliso Wood Canyon within the City of Laguna Beach and spread uphill towards the Laguna Niguel city limits. As the fire progressed, a condition of extreme peril arose for property owners and residents of the City due to what was then called the Coastal Fire.
Several single-family residential structures at the top of the canyon ridge quickly became engulfed in flames. The imminent risks caused by the Coastal Fire required that resources be immediately mobilized to protect the western edge of the City. It became apparent that there was an immediate need for additional resources to not only fight the fire but address a variety of other public safety issues that had been identified. Accordingly, in the early evening of May 11, 2022, the Director of Disaster Services proclaimed a local emergency within the City (Attachment A).
ANALYSIS
Section 11-15-6 of Division 15 of Title 11 of the Laguna Niguel Municipal Code provides
for the requirement of City Council ratification of the Proclamation within seven days of its issuance, or the local emergency shall not remain in effect. Resolution No. 2022-1388, if approved, would ratify the Proclamation (Attachment B).
Ratification of the Proclamation allows the City to, in the event it is necessary, to continue to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement from State and Federal governments for costs incurred to provide resources to respond to the Coastal Fire. The City Council's Resolution to ratify the proclamation of emergency will retain in place various other emergency powers that can be exercised by the Director of Emergency Services as may be needed to promptly address the conditions caused by the Coastal Fire, including the coordination with various organizations and entities with respect to providing services to residents displaced by the fire and calling on additional resources to abate any ongoing risk of fire posed to the community.
The health, safety, and well-being of persons within the territorial limits of the City of Laguna Niguel is of the highest priority. The Director of Emergency Services has concluded that the current conditions of extreme peril warranted a proclamation of local emergency, and it is important to keep that proclamation and the powers that flow from it in place until the emergency conditions are fully abated and through the recovery period as well. The recommended action supports City Council Goal 1 (Public Safety) of the Strategic Plan.
ALTERNATIVES CONSIDERED
The City Council could choose not to ratify the Proclamation which would not allow the local emergency to remain in effect and would limit the City's ability to address this emergency. This alternative is not recommended because of the threatening conditions of the Coastal Fire and the continuing need to address the after-effects of that fire.
FISCAL REVIEW
The fiscal impact of this Coastal Fire on the City of Laguna Niguel is unknown at this time.
The City will seek reimbursement by State and Federal governments for any incurred costs at the appropriate time.
LEGAL REVIEW
The City Attorney's Office has approved Resolution No. 2022-1388 as to form.
CONCLUSION
Staff recommends that the City Council Adopt Resolution No. 2022-1388, Ratifying the Director of Emergency Services' Proclamation of the Existence of a Local Emergency Due to the Coastal Fire Under Government Code Section 8630 and Division 11-15 of the Laguna Niguel Municipal Code ("Emergency Preparedness").
Jamar Setorman Reveri It. Emis
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
Onlin q Matter Keim X. O Common
ustin J. Marti Kevin X. O'Connor
Jeputy City Manage Management Assistant
Attachments:
A. Proclamation of the Existence of a Local Emergency
B. Resolution No. 2022-1388
ATTACHMENT A
Proclamation of the Existence of a Local Emergency
PROCLAMATION DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY UNDER GOVERNMENT CODE SECTION 8630 AND
DIVISION 15 OF TITLE 11 OF THE LAGUNA NIGUEL MUNICIPAL
CODE BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY
OF LAGUNA NIGUEL IN CONNECTION WITH THE COASTAL FIRE
WHEREAS, Section 11-15-5 (A) of the Laguna Niguel Municipal; Code designates the City Manager as the City's Director of Emergency Services; and WHEREAS, Section 11-15-6 (A)(1) of the Laguna Niguel Municipal Code authorizes the Director of Emergency Services, if the City Council is not in session, to proclaim the existence or threatened assistance of a local emergency; and
WHEREAS, on the 11"h day of May, 2022, the Director of Emergency Services of the City of Laguna Niguel found that due to existence of a fire in the City, known initially as the Coastal Fire, that conditions of extreme peril to life and property exist within said City; and WHEREAS, the City of Laguna Niguel'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 government will be critical to successfully respond to the Coastal Fire; and
WHEREAS, the safety, health, and well-being of persons within the territorial limits of the City of Laguna Niguel is of the highest priority; and WHEREAS, the Director of Emergency Services believes and has concluded that the current conditions of extreme peril warrant a proclamation of local emergency; and NOW, THERFORE, pursuant to Section 11-15-6 (A)(1) of the Laguna Niguel Municipal Code, it is hereby proclaimed that a local emergency now exists in the City of Laguna Niguel on account of the Coastal Fire.
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this local emergency the powers, functions, and duties of the emergency organization of the City of Laguna Niguel, as defined in the Laguna Niguel Municipal Code Section 11-15-7, shall be those prescribed by state law, the Laguna Niguel Municipal Code, including Division 11-15, by other applicable ordinances, resolution and approved emergency plans of the City of Laguna Niguel.
The City Council shall take action to ratify this proclamation within seven days, or a local emergency shall not remain in effect; and
IT IS FURTHER ORDERED, that all City Departments shall track costs for staffing, supplies, and equipment related to the Coastal Fire and forward that information to the City's Director of Emergency Services; and
IT IS FURTHER ORDERED, that a copy of this Proclamation shall be forwarded to the State Office of Emergency Services and to such other government agencies and officials as the City's Director of Emergency Services deems prudent or necessary.
Dated: may II, 2027
Jamasa 8 Retornau
Tamara S. Letourneau
City Manager/Director of Emergency Services
Attest:
Lust J. Martin
Justin J. Martin
Deputy City Manager
ATTACHMENT B
Resolution No. 2022-1388
RESOLUTION NO. 2022-1388
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL
RATIFYING THE DIRECTOR OF EMERGENCY SEVICES' PROCLAMATION OF THE
EXISTENCE OF LOCAL EMERGENCY DUE TO THE COASTAL FIRE UNDER GOVERNNMENT CODE SECTION 8630 AND DIVISION 15 OF TITLE 11 OF THE LAGUNA NIGUEL MUNCIPAL CODE ("EMERGENCY PREPAREDNESS")
WHEREAS, Government Code Section 8630 authorizes the City Council, or an official designated by ordinance of the City Council, to proclaim the existence of a local emergency; and
WHEREAS, Laguna Niguel Municipal Code Section 11-15-5 (a), adopted as Ordinance 94-75, designates the City Manager as the Director of Emergency Services for the City of Laguna Niguel; and
WHEREAS, pursuant to Laguna Niguel Municipal Code Section 11-15-6 (a)(1), the Director of Emergency Services is specifically empowered to proclaim the existence or threatened existence of a local emergency, as defined in Government Code Section 8558(c), if the City Council is not in session, subject to ratification by the City Council within seven days thereafter; and
WHEREAS, the Director of Emergency Services did proclaim the existence of a local emergency within the City of Laguna Niguel on the 11th day of May, 2022 due to the existence of, and threats posed to the City by, the Coastal Fire; and WHEREAS, the City Council was not in session and could not immediately be called into session on the date that the Director of Emergency Services made her proclamation; and
WHEREAS, Government Coode Section 8558(c) defines a local emergency, in relevant part, as "the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such air pollution, fire... or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilitates of that political subdivision and require the combined forces of other political subdivisions to combat..."; WHEREAS, the safety, health, and well-being of persons within the territorial limits of the City of Laguna Niguel is of the highest priority; and WHEREAS, 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 government will be critical to successfully responding to the Coastal Fire; and
Resolution No. 2022-1388 Page 2
WHEREAS, the City Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency by the Director of Emergency Services.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Laguna Niguel, that the Proclamation of the Existence of a Local Emergency by the Director of Emergency Services of the City of Laguna Niguel due to the Coastal Fire under Government Code Section 8630 and Chapter 11-15 of the Laguna Niguel Municipal Code ("Emergency Preparedness"), as issued on May 11, 2022, is hereby ratified and confirmed.
IT IS FURTHER RESOLVED AND ORDERED that within the next sixty (60) days, a report on the most recent conditions of emergency and disaster be presented to this City Council so that this City Council may determine whether conditions of emergency and disaster still exist; and
IT IS FURTHER RESOLVED AND ORDERED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council.
PASSED AND ADOPTED this 17th day of May, 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy Merritt, Deputy City Clerk