Agenda Item No. I
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager
Ana V. Sauseda, Director of General Services/City C1erk,4X1 FOR: City Council Meeting of August 24, 2023
SUBJECT: Adoption of Resolution No. 2023-43, Ratifying the Existence of a Local Emergency Affecting the Safety of Persons and Property due to Tropical Storm Hilary RECOMMENDATION:
That the City Council adopt Resolution No. 2023-43, ratifying the existence of a local emergency affecting the safety of persons and property due to Tropical Storm Hilary.
DISCUSSION:
On Sunday, August 20, 2023 , City Manager Chris Mann acting as the Disaster Director (Director) for the City of Yucaipa, signed a Proclamation declaring a local emergency due to Tropical Storm Hilary.
In order for the proclamation to remain in effect, it is necessary for it to be ratified within seven (7) days per California Government Code 8630(b). This proclamation will ratify the City Manager's proclamation and extend the state of emergency by 60 days.
FISCAL IMAPCT:
None by this action; however, adoption of this resolution will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services (OES) for costs incurred in preparation and/or response to Tropical Storm Hilary.
Attachment(s):
1. Resolution No. 2023-43
08/24/2023 City Council Agenda
ATTACHMENT 1
08/24/2023 City Council Agenda 4
RESOLUTION NO.2023-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, RATIFYING THE EXISTENCE OF A
LOCAL EMERGENCY AFFECTING THE SAFETY OF PERSONS
AND PROPERTY DUE TO TROPICAL STORM HILARY
WHEREAS, California Government Code Section 8630(a) authorizes City Council to delegate to a City official the ability 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
WHEREAS, Section 8.36.070 of the Yucaipa Municipal Code designates the City Manager as the Disaster Director for the City of Yucaipa; and WHEREAS, California Government Code Section 8630(b) requires the proclamation to be ratified by the governing body within seven (7) days in order for it to remain in effect; and
WHEREAS, on August 20, 2023, the City Manager acting as Disaster Director for the City of Yucaipa, declared a local emergency by Proclamation, attached hereto as Exhibit "A."
WHEREAS, the U.S. National Hurricane Center predicted "catastrophic" flooding for the Baja peninsula and for the southwestern United States; and WHEREAS, meteorologists predicted heavy rainfall to the southwestern United States, resulting in 3 to 6 inches in places, with isolated amounts of up to 10 inches in portions of southern California; and
WHEREAS, the U.S. National Hurricane Center issued tropical storm and potential flood warnings for Southern California from the Pacific coast to interior mountains and deserts, including the City;
WHEREAS, burn scars from the El Dorado fire creates conditions of dangerous and potentially catastrophic flooding, mudslides and debris flows necessitating the issuance of evacuations to communities below the burn scar areas; and WHEREAS, the Governor of the State of California proclaimed a State of Emergency on August 19, 2023, in response to the extreme weather -related events as a result of Hurricane Hilary; and
WHEREAS, the City Council does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Yucaipa caused by Tropical Storm Hilary, and these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Yucaipa and require the combined forces of other political subdivisions to combat. 08/24/2023 City Council Agenda G
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. The proclamation of the City Manager declaring a local emergency attached hereto as Exhibit "A", is hereby ratified as required by California Government Code Section 8630(b). Consistent with the requirements of Government Code Section 8630(c) the City Council proclaims that the state of emergency shall continue for sixty (60) days unless earlier terminated.
Section 2. As set forth in the California Government Code, Title 2, Division 1, Chapter
7.5 - California Disaster Assistance Act (CDAA), the City Council may seek financial assistance through CDAA. The City Manager is hereby authorized to request assistance under the CDAA on separate letterhead as the City Council has determined and certified that local resources are insufficient and the conditions created by Tropical Storm Hilary are beyond the control of the services, personnel, equipment, and facilities of the City of Yucaipa.
Section 3. The City Manager is authorized and directed to submit an Initial Damage Estimate (IDE) to the California Governor's Office of Emergency Services (OES) Regional Operations. The IDE shall identify the impacts and local response and recovery activities.
Section 4. The City Manager is further authorized and directed to submit and execute such records and documents as may be required by OES to secure financial assistance under the CDAA.
PASSED, APPROVED, and ADOPTED on this 24th day of August, 2023.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
City Clerk
08/24/2023 City Council Agenda L
Exhibit "A"
08/24/2023 City Council Agenda
08/24/2023 City Council Agenda Q
MATION OF THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, the Governor of the State of California issued a Proclamation of a State of Emergency (the "California Proclamation") related to Tropical Storm Hilary on August 19th, 2023; and
WHEREAS, the California Proclamation outlines just some of the potential issues as follows, "[Tropical Storm] Hilary is expected to prompt widespread evacuations and shelter -in -place orders; to threaten, damage, or destroy homes and critical infrastructure, including power and water lines, businesses, and roads; and to necessitate the deployment of search and rescue teams in areas impacted by significant debris flow" and finds that conditions of extreme peril to the safety of persons and property exist in San Bernardino County; and WHEREAS, California Government Code Section 8630 empowers an official designated by the Yucaipa City Council to proclaim a local emergency when the City of Yucaipa is affected or likely to be affected by a public calamity; and WHEREAS, Yucaipa Municipal Code ("YMC") § 8.36.070 appoints the City Manager as the Disaster Director ("Director"); and
WHEREAS, YMC § 8.36.075(A) empowers the Director to proclaim the existence or threatened existence of a local emergency if the City Council is not in session; and
WHEREAS, the definition of local emergency provided in Government Code § 8558(c) is the "existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a ... city" and includes flood, storm, sudden and severe energy shortage, or other conditions that are at present, or are likely to be, beyond the control of the services, personnel, equipment and facilities of this city; requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the City of Yucaipa has been adversely impacted by the above - referenced Tropical Storm in a manner that threatens local infrastructure and public 08/24/2023 City Council Agenda
health and safety, and which exceeds the capacity of the City to address with its own personnel and resources; and
WHEREAS, the City Manager, as Disaster Director of the City of Yucaipa, does hereby find that:
1. Conditions of disaster or extreme peril to the safety of persons and property have arisen within the City of Yucaipa, caused by Tropical Storm Hilary, and damage or threatened damage to City infrastructure presenting immediate peril to the health, safety and welfare of the residents and businesses of the City of Yucaipa and to City staff and operations commencing on or about 1-:400Af t.� on the 20th day of August, 2023; and
2. Such conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City of Yucaipa; and
3. The City Council of the City of Yucaipa is not in session and cannot be immediately called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED, that a local
emergency now exists throughout the City; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the
existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Yucaipa Emergency Plan.
IT IS FURTHER PROCLAIMED AND ORDERED that as soon as
hereafter possible, this Proclamation be filed in the Office of the City Clerk of the City of Yucaipa and that widespread publicity and notice be given of this Proclamation.
IT IS FURTHER PROCLAIMED AND ORDERED that said local
emergency shall be deemed to continue to exist for the next seven (7) days, and hereafter by ratification of the City Council, or until its termination is proclaimed by the Yucaipa City Council.
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PROCLAMATION OF THE EXISTENCE OF A LOCAL
EMERGENCY
The foregoing Proclamation was approved this 20th day of August, 2023 at Z- ( P.M.
APPROVED:
Chris Mann
Disaster Director
IN WITNEESS WHEREOF, I have hereunto set my hand affixed the Official seal of the City of Yucaipa, California, this 20th day of August 2023. 4An�aSda, City Clerk
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