SPECIAL MEETING AGENDA
City Council
Thursday, August 24, 2023
City Hall –Conf. Room A and B
2870 Clark Avenue, Norco, CA 92860
CALL TO ORDER 4:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
1. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case
Conference with Labor Negotiator
Agency designated representatives: City Manager Sassoon Employee organization: Utility Workers Union of America, AFL-CIO Local 606
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 133-080-010
City Negotiator: City Manager Lori Sassoon
Negotiating parties: City of Norco
Under Negotiation: Price and Terms
2. REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
3. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.
4. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
City Council Agenda - August 24, 2023
4.A. Approve a Resolution Ratifying the Director of Emergency Service’s Proclamation of the Existence of a Local Emergency Due to Tropical Cyclone Hilary
RECOMMENDATION:
Staff is recommending that the City Council approve Resolution No. 2023- 55 Ratifying the Director of Emergency Service's Proclamation of the Existence of a Local Emergency Due to Tropical Cyclone Hilary.
Staff Report - Pdf
5. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: August 24, 2023 Agenda Item:
4.A.
To: Honorable Mayor and City Council Members
Prepared By: Colin Burns, City Attorney
Department: Administration
SUBJECT:
Approve a Resolution Ratifying the Director of Emergency Service’s Proclamation of the Existence of a Local Emergency Due to Tropical Cyclone Hilary RECOMMENDATION:
Staff is recommending that the City Council approve Resolution No. 2023-55 Ratifying the Director of Emergency Service's Proclamation of the Existence of a Local Emergency Due to Tropical Cyclone Hilary.
SUMMARY:
On August 20, 2023, the excessive wind and rain from Tropical Cyclone Hillary resulted in widespread damage to public roadways, horse trails and facilities. The exact extent of the damage is undetermined at this time.
On August 22, 2023, pursuant to Section 2.28.110 of the City of Norco Municipal Code, the City Manager acting as a Director of Emergency Services declared Local Emergency.
Per City’s Municipal Code Section 2.28.110 (4), the City Manager authorized the immediate expenditure of funds to obtain vital supplies, equipment and other resources needed for the preservation of life and property.
BACKGROUND:
A local emergency is defined in the California Emergency Management Act 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 such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake... 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 facilities of that
political subdivision and require the combined forces of other political subdivisions to combat…” California Government Code Section 8558(c)."
When such emergency exists, the City Council may adopt a Proclamation of Local Emergency or, if the City Council is not in session, the Director of Emergency Services may Proclaim a local emergency. (Gov. Code 8630(a).)
Whenever a local emergency is proclaimed by the Director of Emergency Services, the local emergency will not remain in effect for a period in excess of seven days unless it is ratified by the City Council. (Gov Code 8630(b).)
Thereafter, the City Council reviews the need for continuing the local emergency at least once every 60 days until the Council terminates the local emergency. (Gov. Code 8630(c).) The Council should proclaim the termination of the local emergency at the earliest possible date conditions warrant. (Gov. Code 8630(d).) The Proclamation authorizes the undertaking of extraordinary police powers; provides limited immunity for emergency actions of public employees and governing bodies; authorizes the issuance of orders and regulations to protect life and property (e.g., curfews); and activates pre-established local emergency provisions such as special purchasing and contracting.
FISCAL IMPACT:
The preliminary cost estimate of the repairs are currently being obtained. Following completion of the work, final costs will be reported to the Council. The staff will be recommending the City Council amend the FY 2023/24 General Fund Budget to include the actual cost of repairs.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Plan #1: Public Health, Safety and Wellness. Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Resolution 2023-55 Ratification of Local Emergency
State of Emergency Proclamation - Norco 2023
Resolution No. 2023-55, Declaration of Local Emergency
RESOLUTION NO. 2023-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORCO RATIFYING THE DIRECTOR OF EMERGENCY
SERVICE’S PROCLAMATION OF THE EXISTENCE OF A
LOCAL EMERGENCY DUE TO TROPICAL CYCLONE
HILARY
WHEREAS, Norco Municipal Code Section 2.28.110 empowers the Director of Emergency Services of the City of Norco to proclaim the existence of a local emergency when the City is affected by a public calamity and the City Council is not in session; and WHEREAS, on August 20, 2023, the Director of Emergency Services found that conditions of extreme peril to the safety of persons and property had arisen within the City, caused by Tropical Cyclone Hilary; and
WHEREAS, those conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of said City; and WHEREAS, pursuant to California Government Code Section 8630, when the Director of Emergency Services proclaims the existence of a local emergency, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council; and
WHEREAS, the City Council has reviewed the proclamation of local emergency and the circumstances underlying the local emergency and concurs with the Director of Emergency Service’s Proclamation; and
WHEREAS, the City Council desires to ratify the Director’s proclamation of local emergency and authorize all powers associated therewith including, but not limited to, the powers granted the Director of Emergency Services under the California Emergency Services Act, Chapter 2.28 of Norco Municipal Code, and City Polices.
NOW, THEREFORE, the City Council of the City of Norco hereby RESOLVES:
Section 1. Pursuant to California Government Code Section 8630 and Norco Municipal Code Section 2.28.110, the City Council ratifies the proclamation of local emergency, as defined by California Government Code Section 8558(c), caused by Tropical Cyclone Hilary.
Section 2. The City Council shall review, within the time required by law, the need for continuing the local emergency until such time that the local emergency is terminated.
Section 3. The Director of Emergency Services, under Norco Municipal Code Section 2.28.110, is designated as the authorized representative of the City for purposes
Resolution No. 2023-55, Declaration of Local Emergency
of receipt, processing, and coordination of inquiries and requirements necessary to obtain such private, state, and federal assistance as may be available.
Section 4. The Director of Emergency Services is authorized to exercise all powers of said position as described in the California Emergency Services Act, Chapter
2.28 of the Norco Municipal Code, and City Policies.
Section 5. The Director of Emergency Services is authorized to furnish information, enter into agreements, and to take all actions necessary to obtain emergency assistance to implement preventative measures to protect and preserve the public health of the City from said public health hazard within the scope of the local emergency hereby declared.
Section 6. The Norco City Clerk shall certify the passage of this Resolution. This Resolution shall take effect immediately upon its adoption by the City Council.
Section 7. The City Clerk shall forward a copy of this Resolution to the Riverside County Operational Area.
PASSED AND ADOPTED, by the City Council of the City of Norco at a regular City Council meeting this 24th day of august 2023 by the following vote:
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2023-55, Declaration of Local Emergency
I, Dana Roa, City Clerk of the City of Norco, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California at a regular meeting hereof held on August 24 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 24, 2023.
___________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Dated: _August 22, 2023 By:
Lori Sassoon
Director of Emergency Services
CITY OF NORCO
PROCLAMATION OF LOCAL EMERGENCY
TROPICAL CYCLONE HILARY
WHEREAS, Norco Municipal Code Section 2.28.110 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Norco is affected or likely to be affected by a public calamity when the City Council is not in session; and
WHEREAS, the Director of Emergency Services of the City of Norco does hereby ?nd that conditions of extreme peril to the safety of persons and property have arisen within said City caused by Tropical Cyclone Hilary, which conditions began on Sunday, August 20, 2023; and WHEREAS, these conditions are, or are likely to be, beyond the controlof the services, personnel, equipment, and facilities of said City; and
WHEREAS, the City Council of the City of Norco is not in session and carmot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City.
IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of said local emergency, the powers, fl.1I1Cti0I1S, and duties of the emergency organization of this City shall be those prescribed by state law, and by ordinances and resolutions of this City.
This emergency proclamation shall expire 7 days after issuance unless con?rmed and rati?ed by the City Council.