Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
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Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)
AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street January 24, 2023
SPECIAL COUNCIL MEETING
6:00 - 6:30 PM
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IN ACCORDANCE WITH ASSEMBLY BILL 361 AND IN RESPONSE TO THE DECLARED STATE AND
LOCAL EMERGENCIES DUE TO THE NOVEL CORONAVIRUS, THE LEGISLATIVE BODY WILL MEET IN- PERSON AND REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING
a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 24, 2023 PAGE 2
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
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b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call- in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
* The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. PUBLIC COMMENTS ONLY ON ITEMS ON THE AGENDA
C. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. City Manager Department
SUBJECT: Ratification of Severe Storms Emergency Proclamation. (15 minutes)
RECOMMENDATION: That the City Council adopt a resolution ratifying the Proclamation of the Director of Emergency Services of the City of Oxnard Proclaiming the Existence of a Local Emergency.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
D. ADJOURNMENT
2 CITY COUNCIL AGENDA REPORT
REPORT OF CITY MANAGER/EXECUTIVE
DIRECTOR/SECRETARY
AGENDA ITEM NO. C.1
DATE: January 24, 2023
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]
SUBJECT: Ratification of Severe Storms Emergency Proclamation. (15 minutes)
RECOMMENDATION
That the City Council adopt a resolution ratifying the Proclamation of the Director of Emergency Services of the City of Oxnard Proclaiming the Existence of a Local Emergency.
BACKGROUND
Government Code section 8630 and Chapter 6 of the Oxnard City Code ("OCC") empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session. On January 4, 2023, the Governor proclaimed a State of Emergency to exist in California as a result of the winter storms related to a series of atmospheric river systems that occurred and were forecast. On January 8, 2023, the President of the United States of America declared a state of emergency in the State of California and ordered Federal assistance to supplement State, tribal, and local response efforts due to the emergency conditions resulting from successive and severe winter storms, flooding and mudslides.
Beginning on January 9, 2023, City staff dedicated resources to respond within Oxnard and to assist other agencies in responding to severe storms throughout the County. On January 18, 2023, the Director of Emergency Services proclaimed the existence of a local emergency due to severe storms. The proclamation was necessary to ensure that the City is eligible to apply for reimbursement for costs related to the City’s response to the emergency.
The Police, Fire, and Public Works Departments closely coordinated our actions and staffing augmentations to ensure we could meet the needs of our residents during this extraordinary weather event. This included having additional emergency response units and specialty-trained swift water rescue teams. Public Works had additional staff to manage road closures, flooding issues, and downed trees. The City's Emergency Operations Center (EOC) was activated at a monitoring level to assist in coordination and information sharing, both within the City and with our partners around the County.
Pursuant to Government Code Section 8630, the condition and powers granted through the proclamation continue for seven (7) days unless ratified by a resolution of the City Council. The resolution before you confirms and ratifies the local emergency consistent with Section 8630. Council must reconsider the local emergency every 60 days for it to continue.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
3 The City will be requesting reimbursement for the costs associated with the emergency protective measures taken, including additional staffing as well as mitigating the issues created by this series of storms including debris removal.
Historically the federal government reimburses 75% of eligible costs and the state government provides reimbursement on 75% of the remaining 25% of eligible expenses for a total of 96% of our eligible expenses related to the city's response.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Alexander Hamilton, Fire Chief, Alexander Nguyen, City Manager, Stephen Fischer, City Attorney, Jason Zaragoza, Deputy City Attorney
ATTACHMENTS
1. Signed_Dir of Emer Serv resolution proclaiming local emergency_2023.severe storms
2. City Council resolution ratifying the proclamation of a local emergency_2023.severe storms
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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
RATIFYING THE PROCLAMATION OF THE DIRECTOR OF EMERGENCY
SERVICES OF THE CITY OF OXNARD AND PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY DUE TO SEVERE STORMS
WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard City Code empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, on January 4, 2023, the Governor proclaimed a State of Emergency to exist in California as a result of the winter storms related to a series of atmospheric river systems that occurred; and
WHEREAS, on January 8, 2023, the President of the United States of America declared a state of emergency in the State of California and ordered Federal assistance to supplement State, tribal, and local response efforts due to the emergency conditions resulting from successive and severe winter storms, flooding and mudslides; and
WHEREAS, severe winter storms commencing on or about January 4, 2023 have created conditions of extreme peril to the safety of persons and property within the City and throughout the County of Ventura (“County”); and
WHEREAS, these severe storms caused damage within the City and throughout the County; and
WHEREAS, beginning on January 9, 2023, City staff dedicated resources to respond within Oxnard and to assist other agencies in responding to severe storms throughout the County, including making available additional emergency response units and specialty-trained swift water rescue teams, managing road closures, flooding issues, and downed trees, and activating the City’s Emergency Operations Center at a monitoring level to assist in coordination and information sharing, both within the City and throughout the County; and
WHEREAS, on January 18, 2023, the Director of Emergency Services proclaimed the existence of a local emergency due to severe storms; and
WHEREAS, pursuant to Government Code Section 8630, the conditions and powers granted by the proclamation continue for seven (7) days unless ratified by a resolution of the City Council.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED:
A. The City Council hereby proclaims the existence of a local state of emergency in the City of Oxnard, pursuant to California Government Code Section 8630 and all other applicable law, and the Director of Emergency Services’ January 18, 2023 12 proclamation attached to this resolution as Exhibit A and incorporated into this resolution by this reference is hereby ratified; and
B. The local emergency shall be deemed to continue and exist until it is terminated by proclamation of the City Council of the City of Oxnard; and
C. During the existence of the local emergency, the powers, functions and duties of the Director of Emergency Services shall be those prescribed by state law, the existing ordinances and resolutions of the City of Oxnard, this resolution and any subsequent emergency orders of the City Council, and any other local, state or federal laws providing powers, immunities or duties in such emergency; and
D. To the extent permitted by law, City goods and services procurement requirements are stayed during this local emergency, as necessary to procure and respond to the local emergency, and the Director of Emergency Services is empowered to exercise all powers granted by any local, state or federal emergency laws, rules and regulations, and such procurements made by the Director of Emergency Services are hereby ratified; further, the Director of Emergency Services is authorized to appropriate and expend any City funds deemed necessary by the Director of Emergency Services in writing, including unappropriated City reserve funds, to exercise any of said emergency powers or procurement powers, and to transfer such funds to corresponding City budget line items or categories; and
E. To the extent permitted by law, this proclamation of a local emergency is intended to satisfy any local, state or federal law or regulation requiring such a proclamation as a prerequisite or requirement for mutual assistance, reimbursement or other cooperation with any other local, state or federal entity; this proclamation of local emergency also hereby activates any and all existing City emergency plans, and authorizes the Director of Emergency Services to amend such plans in writing as necessary; and
F. The Director of Emergency Services, as delegated by the City Council pursuant to Chapter 6 of the City Code, may promulgate orders and regulations necessary to provide for the protection of life and property; and
G. A copy of this Resolution and attached Proclamation shall be forwarded to the Director of the California Governor’s Office of Emergency Services. The Director of the Governor’s Office shall be asked to find it acceptable in accordance with state law and the Governor, pursuant to the Emergency Services Act, shall be asked to afford the City the benefit of recovering its costs pursuant to the State of Emergency proclaimed on January 4, 2023; and
H. The Director of Emergency Services shall ask the Governor to forward a copy of this Resolution and attached Proclamation to the President of the United States to make all relevant funds available to the City to keep the high level of response, recovery, and mitigation necessary to make the City and the County resilient during the emergency, including but not limited to authorization of Category A (debris removal) and Category B (protective measures) reimbursements.
I. Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the Local Emergency at least once every 60 days until the governing body terminates the Local Emergency.
13 PASSED AND ADOPTED THIS 24th day of January 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
14 EXHIBIT A
[January 18, 2023 Director of Emergency Services Proclamation]
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