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HomeMy WebLinkAboutResolution No. 23-8192 - Ratifying the City Manager's Proclamation of the Existence of a Local Emergency - Tropical Storm HilaryRESOLUTION NO. 23-8192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RATIFYING THE CITY MANAGER'S PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY DECLARED AS A RESULT OF TROPICAL STORM HILARY WHEREAS, Article 11, Chapter 4, Part 4, Section 2434(a)(1) of the Downey Municipal Code and Government Code Section 8630(a) empowers the City Manager acting as Director of Emergency Services to proclaim the existence of a local emergency when the Downey City Council is not in session; and WHEREAS, Downey Municipal Code Section 2431 defines "emergency" to mean 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 such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or the imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City requiring the combined forces of other political subdivisions to combat; and WHEREAS, conditions of disaster or extreme peril to the health and safety of persons are present in the City as a result of Tropical Storm Hilary; and WHEREAS, on August 18, 2023, Governor Gavin Newsom declared a state of emergency in the State of California due to the damages and impact from Tropical Storm Hilary; and WHEREAS, on August 20, 2023, Los Angeles County declared an emergency due to the damages from Tropical Storm Hilary, thus enabling Los Angeles County to take extraordinary measures; and WHEREAS, also on August 20, 2023, the City Manager declared a local emergency within the City as a result of Tropical Storm Hilary; and WHEREAS, the foregoing local emergency declared by the City Manager in response to Tropical Storm Hilary ended on August 26, 2023; and WHEREAS, the storm's potential impact to the City was initially uncertain. However, the City sustained flooding in City streets, adverse impacts to critical infrastructure, and utilities, power outages, property damage, falling debris, and downed trees as a result of the storm; and WHEREAS, the City also incurred necessary expenses to mitigate potential damage of the storm, such as purchasing sandbags for City residents to prevent flooding and additional City staff time to procure and provide this service; and WHEREAS, remedying the damage casued by the storm are beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, the mobilization of local resources, and the ability to coordinate interagency response, accelerate procurement of vital supplies, and use mutual aid, are critical to the City successfully responding to the effects and impacts of Tropical Storm Hilary and its aftermath; and WHEREAS, mitigating, responding to, and recovering from the damages of Tropical Storm Hilary required the City to divert resources from normal day-to-day operations, and RESOLUTION NO. 23-8192 PAGE 2 imposed extraordinary requirements on and expenses to the City; and WHEREAS, the City requires financial and other assistance from State and Federal authorities, to respond to, address and mitigate the damage caused by Tropical Storm Hilary in the City, and WHEREAS, the City Manager's declaration of a local emergency as a result of Tropical Storm Hilary was memorialized through the execution of a proclamation issued by the City Manager on September 5, 2023; and WHEREAS, under California Government Code section 8630(b) and Downey Municipal Code section 2434(a) a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect; and WHEREAS, the City Council hereby finds that the above described conditions related to the Tropical Storm Hilary did warrant and necessitate the proclamation of the existence of a local emergency in the City of Downey by the City Manager acting as the Director of Emergency Services; and WHEREAS, the conditions related to Tropical Storm Hilary caused the need to make City staffing modifications and to expend public money to protect the public health and safeguard life, health, and essential public services; and WHEREAS, the City of Downey requests that the Governor of California waive regulations that may hinder response and recovery efforts and that recovery assistance be made available under the California Disaster Assistance Act, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitations are true and correct. SECTION 2. The City Manager, acting as Director of Emergency Services' Proclamation of a Local Emergency declared on August 20, 2023 as a result of Tropial Storm Hilary is hereby ratified by the Downey City Council to memorialize the foregoing declaration; and SECTION 3. Pursuant to the City Manager's proclamation executed on September 5, 2023 memorializing the local emergency declared by the City Manager in response to Tropical Storm Hilar on August 20, 2023, the foregoing local emergency ended on August 26, 2023; and SECTION 4. That the City Council finds based on substantial evidence that the public interest and necessity demanded the immediate expenditure of public money by the City Manager, acting as the Director of Emergency Services, to safeguard life and safety, or essential public services; and that the emergency would not permit a delay resulting from a competitive solicitation for bids; that this action was necessary to respond to the Local Emergency, and that the City Manager's action, in responding to the local emergency prior to the adoption of this Resolution, is hereby ratified; and RESOLUTION NO. 23-8192 PAGE 3 SECTION 5. That the City Manager is authorized to request financial assistance from the State of California and Federal Government on behalf of the residents and City of Downey to recoup costs incurred by the City in its efforts to mitigate and respond to damage caused by Tropical Storm Hilary; and 61:1011IM19 - 11117WAUX41- - ZM= APPROVED AND ADOPTED this 12 1h day of September, 2023. MARIO TRUJILLO, M�r Pro Tern M MARIA ALICIA DUARTE',15WC City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 12 th day of September, 2023, by the following vote, to wit: AYES: Council Members: Horn, Sosa, Trujillo NOES: Council Members: None. ABSENT: Council Members: Frometa ABSTAIN: Council Members: None.