City of Patterson Page 1 Updated 1/11/2023 3:30 PM
Agenda
City of Patterson
City Council Regular Meeting
January 17, 2023
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8012. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8012 or [email protected] If you wish to be notified of future City Council Meetings, please visit our web site www.ci.patterson.ca.us go to Popular Links “City Council Agendas” and Subscribe to “RSS” ═══════════════════════════════════════════════════════════════
1. Call to Order
2. Pledge of Allegiance
3. Statements of Conflict
City of Patterson Page 2 Updated 1/11/2023 3:30 PM
4. Items from the Public
Any member of the audience desiring to address the Council regarding a matter on the agenda, please raise your hand or step to the podium, or if using the zoom app by pressing *9 on your cell phone at the time the item is announced by the Mayor. The public wishing to address the Council on items that do not appear on the agenda may do so; however, Council will take no action other than referring the item to staff for study and analysis and may place the item on a future agenda (Resolution 92-25)
In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of five (5) minutes unless the Mayor grants a longer period of time (Resolution 92-25)
Please State Your Name and City for the Record.
5. City Staff Reports
5.1. City Manager - Staff Recommends Council to Approve Resolution No. 2023-01 Ratifying the Director of Emergency Services Proclamation of Existence of a Local Emergency.
Staff Report: City Manager Irwin
Council: Motion to Approve Resolution No. 2023-01 Ratifying the Director of Emergency Services Proclamation of Existence of a Local Emergency.
6. City Council Reports
A. Councilmember Alves
. Stanislaus Homeless Alliance ( Councilmember Roque alternate) B. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) C. Councilmember Farinha
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
D. Mayor Pro Tem Roque
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate) City of Patterson Page 3 Updated 1/11/2023 3:30 PM
E. Mayor Clauzel
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
7. Other Matters
8. Adjournment
DECLARATION OF POSTING
I, Aracely Alegre, City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on January 11, 2023.
The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Aracely Alegre, City Clerk
City of Patterson
Direct No. (209) 895-8012
Email [email protected]
City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: January 17, 2023
ITEM NO: 5.1
SUBJECT: Staff Recommends Council to Approve Resolution No. 2023-01 Ratifying the Director of Emergency Services Proclamation of Existence of a Local Emergency.
RECOMMENDATION
Motion to Approve Resolution No. 2023-01 Ratifying the Director of Emergency Services Proclamation of Existence of a Local Emergency.
BACKGROUND
On January 17, 2023, in accordance with Section 2.36.060 of the Patterson Municipal Code, the Director of Emergency Services issued a proclamation of a local state of emergency due to extreme weather conditions. Beginning on or about December 27, 2022, winter storms related to an atmospheric river system struck the City of Patterson bringing damaging winds, substantial precipitation, flooding, soil erosion, and a substantial risk of damage to public and private property, including critical infrastructure and facilities, and this system continues to impact the City. Weather conditions contributing to increased risk of flooding are forecasted to persist through the forecast period, and the existing and anticipated conditions are beyond the resources of the City of Patterson.
The conditions caused by winter storms in the City of Patterson, by reason of their magnitude, have created or will create extreme peril to the safety of persons and property, will impact significant City and community operations, including critical public infrastructure and services, and will require the provision of additional public safety and emergency services beyond the immediate capabilities of local resources, services, personnel, equipment, and facilities.
On January 4, 2023, the Governor of the State of California proclaimed a state of emergency throughout the State of California to support the ongoing response to these winter storms. On
5.1 Packet Pg. 4
January 9, 2023, the President of the United States approved an emergency declaration for the State of California in response to the winter storms, which authorizes the Federal Emergency Management Agency (FEMA) to coordinate disaster relief efforts and mobilize emergency resources. Also on January 9, 2023, the Stanislaus County Office of Emergency Services declared a state of emergency in Stanislaus County (the “County”) and recommended that cities within the County adopt their own respective emergency declarations or proclamations to ensure the availability state and federal funding, and not rely solely on the County’s declaration.
FISCAL IMPACT
There is no impact to the General Fund by ratifying the Proclamation of a Local State of Emergency. The total impact of the extreme weather cannot be assessed yet and shall be deemed to continue to exist for the duration of the Local Emergency.
POLICY ALTERNATIVES
The City Council’s options are:
1. Adopt Resolution No. 2023-01 without any changes;
2. Adopt Resolution No. 2023-01 with changes and revisions; or
3. Reject Resolution No. 2023-01 entirely.
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{CW121052.3}
RESOLUTION NO. 2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
RATIFYING THE DIRECTOR OF EMERGENCY SERVICES PROCLAMATION OF
EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Section 2.36.060 of the Patterson Municipal Code empowers the City of Patterson (the “City”) Director of Emergency Services to proclaim the existence or threatened existence of a local emergency in the City if the City Council is not in session, subject to ratification by the City Council within seven (7) days; and WHEREAS, the Director of Emergency Services proclaimed a local State of Emergency to exist on January 17, 2023, as those conditions specified in Section
2.36.020 were present; and
WHEREAS, California Government Code section 8630(b) requires the City Council to ratify said declaration within seven (7) days; and WHEREAS, Section 2.36.060 of the Patterson Municipal Code authorizes the Director of Emergency Services to order and enforce certain emergency rules and regulations; and
WHEREAS, the City Council of the City of Patterson does hereby find that:
1. Beginning on or about December 27, 2022, winter storms related to an atmospheric river system struck the City of Patterson bringing damaging winds, substantial precipitation, flooding, soil erosion, and a substantial risk of damage to public and private property, including critical infrastructure and facilities, and this system continues to impact the City; and
2. Weather conditions contributing to increased risk of flooding are forecasted to persist through the forecast period; and
3. That existing and anticipated conditions are beyond the resources of the City; and
4. That the conditions caused by winter storms in the City, by reason of their magnitude, have created or will create extreme peril to the safety of persons and property, will impact significant City and community operations, including critical public infrastructure and services, and will require the provision of additional public safety and emergency services beyond the immediate capabilities of local resources, services, personnel, equipment, and facilities; and
5.1.a
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Attachment: Resolution No. 2023-01 Ratifying Local Emergency Proclamation Regarding Weather (Resolution No. 2023-01 Ratifying Local {CW121052.3}
5. On January 4, 2023, the Governor of the State of California proclaimed a state of emergency throughout the State of California to support the ongoing response to these winter storms; and
6. On January 9, 2023, the Stanislaus County Office of Emergency Services declared a state of emergency in Stanislaus County (the “County”) and recommended that cities within the County adopt their own respective emergency declarations or proclamations to ensure the availability state and federal funding, and not rely solely on the County’s declaration; and
7. On January 9, 2023, the President of the United States approved an emergency declaration for the State of California in response to the winter storms, which authorizes the Federal Emergency Management Agency (FEMA) to coordinate disaster relief efforts and mobilize emergency resources; and
8. The City Council of the City of Patterson was not in session at the time of issuance of the proclamation and could not immediately be called into session, and circumstances were present at the time, pursuant to which the Director of Emergency Services was authorized to make the proclamation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PATTERSON AS FOLLOWS:
1. That the City Council does hereby ratify the Director of Emergency Services’ proclamation attached hereto as Exhibit A and find that the aforesaid conditions of extreme peril warrant and necessitate the proclamation of a local emergency in the City of Patterson; and
2. That during the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, Patterson Municipal Code, and by ordinance and resolutions of the City of Patterson approved by the City Council; and
3. The City of Patterson may request any available funding from the California Disaster Assistance Act, the Small Business Administration, or any other funding available as a result of this proclamation of local emergency; and
4. The City will cooperate fully with other government agencies, including the State of California and Stanislaus County, for the duration of the local emergency; and
5.1.a
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Attachment: Resolution No. 2023-01 Ratifying Local Emergency Proclamation Regarding Weather (Resolution No. 2023-01 Ratifying Local {CW121052.3}
5. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PATTERSON ON THE 17th DAY OF JANUARY 2023, BY THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
EXCUSED:
APPROVED:
____________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
______________________________
Aracely Alegre
City Clerk of the City of Patterson
5.1.a
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Attachment: Resolution No. 2023-01 Ratifying Local Emergency Proclamation Regarding Weather (Resolution No. 2023-01 Ratifying Local {CW121052.3}
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special meeting held on the 17 th day of January 2023, and I further certify
that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
____________________________________
City Clerk of the City of Patterson
5.1.a
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Attachment: Resolution No. 2023-01 Ratifying Local Emergency Proclamation Regarding Weather (Resolution No. 2023-01 Ratifying Local {CW121050.4}
EXHIBIT A
City of Patterson
Proclamation of the Existence of a Local Emergency
By the Director of Emergency Services
WHEREAS, Section 2.36.060 of the Patterson Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency in the City of Patterson (the “City”) if the City Council is not in session, subject to ratification by the City Council within seven (7) days; and
WHEREAS, beginning on or about December 27, 2022, winter storms related to an atmospheric river system struck the City of Patterson bringing damaging winds, substantial precipitation, flooding, and soil erosion, and a substantial risk of damage to public and private property, including critical infrastructure and facilities, and this system continues to impact the City; and WHEREAS, on January 4, 2023, the Governor of the State of California proclaimed a state of emergency throughout the State of California to support the ongoing response to these winter storms; and
WHEREAS, on January 9, 2023, the Stanislaus County Office of Emergency Services declared a state of emergency in Stanislaus County (the “County”) and recommended that cities within the County adopt their own respective emergency declarations or proclamations to ensure the availability state and federal funding, and not rely solely on the County’s declaration; and WHEREAS, on January 9, 2023, the President of the United States approved an emergency declaration for the State of California in response to the winter storms, which authorizes the Federal Emergency Management Agency (FEMA) to coordinate disaster relief efforts and mobilize emergency resources; and
WHEREAS, the health, safety, and welfare of City residents, businesses, visitors, and staff are of utmost importance to the City, and additional future measures may be needed to protect the community; and
WHEREAS, declaring a local emergency allows additional resources to flow into the City in a timely fashion; and
WHEREAS, existing conditions related to the winter storm and extreme weather conditions described above constitute an emergency as defined in Patterson Municipal Code Section
2.36.020; and
WHEREAS, the Director of Emergency Services of the City of Patterson hereby finds that:
• Beginning on or about December 27, 2022, winter storms related to an atmospheric river system struck the City of Patterson bringing damaging winds, substantial precipitation, flooding, soil erosion, and a substantial risk of damage to public and private property, including critical infrastructure and facilities, and this system continues to impact the City; and
5.1.b
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Attachment: Exhibit A - Proclamation of Local Emergency Regarding Weather (Resolution No. 2023-01 Ratifying Local State of Emergency {CW121050.4}
• The conditions caused by winter storms in the City of Patterson, by reason of their magnitude, create or will create extreme peril to the safety of persons and property, will impact significant City and community operations, including critical public infrastructure and services, and will require the provision of additional public safety and emergency services beyond the immediate capabilities of local resources, services, personnel, equipment, and facilities; and
• Weather conditions contributing to increased risk of flooding are forecasted to persist through the forecast period; and
• These conditions are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of the City, and requiring the combined forces of other political subdivisions to combat; and
• At the time of this proclamation, the City Council is not in session, and cannot be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City due 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 winter storms and extreme weather conditions.
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of the local emergency, the powers functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by State law, the ordinances and resolutions of the City, and the City of Patterson Emergency Plan.
IT IS FURTHER PROCLAIMED AND ORDERED that the local emergency shall expire unless ratified by the City Council within seven (7) days of this proclamation. ________________________________
Ken Irwin, City Manager
Director of Emergency Services
Dated: January 17, 2023
Approved as to Form:
__________________________
Nubia Goldstein,
City Attorney
5.1.b
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Attachment: Exhibit A - Proclamation of Local Emergency Regarding Weather (Resolution No. 2023-01 Ratifying Local State of Emergency