CITY COUNCIL EMERGENCY MEETING - MARCH 15, 2023 PAGE 1 OF 2
CITY COUNCIL EMERGENCY MEETING
Wednesday, March 15, 2023 at 3:00 PM
94 N. Washington Street, Sonora, CA 95370
(209) 532-4541
AGENDA
NOTICE IS HEREBY GIVEN that the Sonora City Council will have an Emergency meeting on Wednesday, March 15, 2023, at 3:00 PM in the City of Sonora Council Chambers located at 94 N.
Washington Street Sonora, CA 95370.
THIS MEETING IS PHYSICALLY OPEN TO THE PUBLIC AND MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AT:
Zoom Meeting Link:
https://us06web.zoom.us/j/86323353320?pwd=WE4wZ0dJSUJjRW9VSGtBZWpkOGhxUT09 Dial: (669) 444-9171
Meeting ID: 863 2335 3320
Passcode: 434214
MEMBERS OF THE PUBLIC WILL BE GIVEN THE OPPORTUNITY TO PROVIDE COMMENT.
THIS MEETING WILL BE LIVE STREAMED ON THE CITY'S WEBSITE AT www.sonoraca.com.
Written comments can be submitted to be included as part of the administrative record; they will not be read during the meeting. All comments must be received by 3:00 pm on the day of the noticed meeting and can be submitted to the City Clerk at 94 N. Washington Street Sonora, CA 95370 or via email to [email protected].
ROLL CALL
CALL TO ORDER
PUBLIC COMMENT
PUBLIC COMMENT
1. Consider adoption of Resolution 03-15-2023-A ratifying a declaration of a Local State of Emergency, due to extreme weather, as required by the California Emergency Services Act Article 14 §8630(b); Melissa Eads, City Administrator.
1 CITY COUNCIL EMERGENCY MEETING - MARCH 15, 2023 PAGE 2 OF 2
2. Consider for adoption Resolution 03-15-2023-B for the California Governor’s Office of Emergency Services (CalOES) designating the City Administrator, the Administrative Services Director and Fire Chief as authorized agents to execute on behalf of the City of Sonora for the purpose of obtaining post-disaster public assistance grants from FEMA and CalOES.
ADJOURNMENT
EMERGENCY SESSION
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator at City Hall (209) 532-4541, [email protected]. 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).
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page. 2 CITY COUNCIL AGENDA REPORT
MEETING DATE: March 15, 2023
TO: City Council Members
FROM: Melissa Eads, City Administrator
SUBJECT: Ratification of a Local State of Emergency due to Extreme Weather
RECOMMENDATION
Consider adoption of Resolution 03-15-2023-A ratifying a declaration of a Local State of Emergency, due to extreme weather, as required by the California Emergency Services Act Article 14 §8630(b).
DISCUSSION
Staff recommends the Council adopt Resolution 03-15-2023-A ratifying a declaration of a Local State of Emergency, due to extreme weather.
FISCAL IMPACT
The total impact of the extreme weather cannot be assessed yet and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Sonora, and thereafter by ratification.
ATTACHMENT
Resolution No. 03-15-2023-A
3 Item 1.
4 Item 1.
5 Item 1.
RESOLUTION 03-15-2023-A
____ _________________________________________________________
A RESOLUTION OF THE CITY COUNCIL OF SONORA RATIFYING A PROCLAMATION OF A
LOCAL STATE OF EMERGENCY IN THE CITY OF SONORA, AS REQUIRED BY THE CALIFORNIA EMERGENCY SERVICES ACT ARTICLE 14 §8630(b).
WHEREAS, in accordance with Chapter 8.30.050 of the Sonora Municipal Code and Ordinance No. 881, which empowers the Director of Emergency Services of the City of Sonora to proclaim the existence or threatened existence of a local emergency when Sonora is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, the Director of Emergency Services of the City of Sonora does hereby find that beginning on or about March 8, 2023, winter storms related to an atmospheric river system struck the City of Sonora bringing damaging winds, hail, and substantial precipitation including significant snowfall at higher elevations, flooding, and soil erosion, which has damaged public and private property, including critical infrastructure and facilities and imperiled persons in the City of Sonora and this system continues to impact the City; and
WHEREAS, weather conditions contributing to increased risk of flooding are forecasted to persist through the forecast period; and
WHEREAS, that existing and anticipated conditions are beyond the resources of the City of Sonora; and
WHEREAS, that the conditions caused by winter storms in the City of Sonora, by reason of their magnitude, create extreme peril to the safety of person 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 WHEREAS, the City Council of the City of Sonora is not currently in session and cannot be called into session immediately.
WHEREAS, Public Contract Code section 22050 allows the City Council, by a four-fifths vote, to delegate by resolution the authority to order any necessary action to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
NOW, THEREFORE, IT IS HEREBY RESOLVED that a local emergency exists throughout the City of Sonora pursuant to Government Code Section 8630 and other applicable laws; and BE IT FURTHER RESOLVED 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, and by ordinance and resolutions of the City of Sonora approved by the City Council, and by the City of Sonora Emergency Operations Plan, as approved by the City Council; and
BE IT FURTHER RESOLVED, that (1) the emergency will not permit a delay resulting from a competitive solicitation for bids and (2) the action is necessary to respond to the emergency. 6 Item 1.
BE IT FURTHER RESOLVED, that the City Council does hereby delegate authority to the City Administrator to take any directly related and immediate action required by this emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts pursuant to Public Contract Code section 22050.
BE IT FURTHER RESOLVED, that the City Council shall review any action ordered by the City Administrator at its next regularly scheduled meeting and at least at every regularly scheduled meeting thereafter until the action is terminated. The Board shall determine, by a four-fifths vote, that there is a need to continue the action, if necessary.
BE IT FURTHER RESOLVED, that the City Council does hereby request the Governor of the State of California to Proclaim a State of Emergency, approve California Disaster Assistance Act (CDAA) and seek Federal Assistance via a Presidential Proclamation.
BE IT FURTHER RESOLVED, that the City of Sonora requests the State of California to waive regulations that may hinder response (Department of Industrial Relations Registration) and recovery efforts, make available assistance under the California Disaster Assistance Act or any other state funding (e.g., SRA Grant Funds, AB32 Funds, etc.…), and to expedite access to federal resources and any other appropriate federal disaster relief programs (e.g., USDA Funding, etc.).
BE IT FURTHER RESOLVED, that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Sonora, State of California.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora, California, at a special meeting of said City Council held on March 15, 2023, by the following votes:
AYES:_________________________________________________________ NOES:_________________________________________________________ ABSTAIN:______________________________________________________ ABSENT:_______________________________________________________ Signed and Dated: March 15, 2023
_______________________________
Mark Plummer,
Mayor of the City of Sonora
ATTEST: _________________________
Tracy Skelly, City Clerk
7 Item 1.
8 Item 1.
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 15, 2023
TO: City Council Members
FROM: Chris Gorsky, Administrative Services Director
SUBJECT: Resolution Designating Authorized Agents of the City of Sonora for California Governor’s Office of Emergency Services (CalOES) Public Assistance Grants
RECOMMENDATION
Consider for adoption Resolution 03-15-2023-B for the California Governor’s Office of Emergency Services (CalOES) designating the City Administrator, the Administrative Services Director and Fire Chief as authorized agents to execute on behalf of the City of Sonora for the purpose of obtaining postdisaster public assistance grants from FEMA and CalOES.
DISCUSSION
FEMA and CalOES requires a Designation of Agent Resolution for Non-State Agencies to be on file for the purpose of obtaining State financial assistance under the California Disaster Assistance Act. A new Designation of Applicant’s Agent Resolution for Non-State Agencies is required if the previously submitted document is older than three (3) years from the last date of approval or if changes are required to the name and/or title of authorized agents. The attached resolution designates the City Administrator, the Administrative Services Director and the Fire Chief as authorized agents for the City of Sonora
FISCAL IMPACT
If a current Designation Agent Resolution (CalOES Form 130) is not on file with CalOES, the City will be ineligible for reimbursement under any current or future public assistance grants available for declared disasters.
9 Item 2.
RESOLUTION NO. 03-15-2023-B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
DESIGNATING THE CITY ADMINISTRATOR, THE ADMINISTRATIVE SERVICES
DIRECTOR AND THE FIRE CHIEF TO BE THE AUTHORIZED AGENTS TO
ENGAGE WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES REGARDING GRANTS APPLIED FOR BY THE CITY OF SONORA.
WHEREAS, the City of Sonora seeks to apply for Federal Emergency Management (FEMA) and California Governor's Office of Emergency Services (CALOES) reimbursement for costs incurred for emergency response services and damages due to the rainfall event in December 2022, January 2023, February 2023 and March 2023 and future events; and WHEREAS, the CalOES administers the State and Federal reimbursement process and grant programs for emergency and disaster relief; and
WHEREAS, CalOES Form 130 requires the City of Sonora to designate agents to engage with FEMA and CalOES regarding assistance and grants applied for by the City; and WHEREAS, the City of Sonora desires to ensure that FORM 130 makes the City eligible to apply for disaster relief for each incident as well as future incidents for three years.
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby designates the City Administrator, the Administrative Services Director and the Fire Chief as the agents for Form “CalOES 130: Designation of Applicant’s Agent Resolution for Non-State Agencies.” Exhibit A, attached hereto.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SONORA ON THIS 15th DAY OF MARCH 2023, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________
Mark Plummer
Mayor, City of Sonora
ATTEST:
________________________________
Tracy Skelly
Clerk, City of Sonora
10 Item 2.
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
109-72674
City Council
City Administrator
Administrative Services Director
Fire Chief
City of Sonora
City of Sonora
City of Sonora
11 Item 2.
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
Melissa Eads, City Administrator
Chris Gorsky, Administrative Services Director
Aimee New, Fire Chief
City Council
City of Sonora
City of Sonora
✔
Mayor
Mayor
23 23
15 March
Mark Plummer
15th March
12 Item 2.
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
13 Item 2.
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
14 Item 2.