Item 7.1 - Reso Confirming Local Emergency due to Winter Storm Events(F
City Of Poway
COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
CONTACT:
January 24, 2017
APPROVED
❑
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
RESOLUTION NO.
Honorable Mayor and Members of the City Coun it
Robert Manis, Director of Development Services
Robert Manis, Director of Development Services
(858) 668 -4607 or bmanis @poway.org
SUBJECT: Resolution Confirming the Existence of a Local
Emergency as Proclaimed by the City Manager /Director
of Emergency Services Within the City of Poway Due to
Winter Storm Events, and Suspending the Notice and
Bidding Requirements in Connection with Repairs
Required Thereby
Summary:
Starting on Friday, January 20, 2017, the City of Poway was hit with a series of significant
winter storms. These storms included significant rainfall and strong winds. As a result,
the City has suffered losses from flooding and wind damage, including impacts to public
improvements. The Public Works Department Emergency Operations Center (DEOC)
was opened at 1:00 p.m. on Friday, January 20, 2017. In order to address the storm -
related issues, the City's Director of Emergency Services (City Manager) adopted a
Proclamation of Local Emergency on January 20, 2017. The Proclamation must be
ratified by the City Council within seven days.
Recommended Action:
It is recommended that the City Council approve the attached resolution ratifying the City
Manager's Proclamation of Local Emergency, and authorizing the City Manager to make
necessary emergency repairs to protect the public and welfare of the City, and
suspending notice and bidding requirements.
This action requires a four -fifths (4/5) vote of the City Council.
Discussion:
Damage from the winter storm events includes flooding, downed trees, mud and rock
slides, and failed corrugated metal drainage pipes. City staff worked around the clock
from January 20 to January 23 addressing storm - related damage. It is possible that other
damage from the storm events could be discovered in the days to come.
1 of 5 January 24, 2017, Item # ]. I
Proclamation of Local Emergency: Winter Storms 2017
January 24, 2017
Page 2
On Monday, January 23, 2017, Governor Brown declared a state of emergency in
counties across California as a result of the severe winter storms.
Staff activated the DEOC on January 20, 2017. The DEOC was officially closed on the
evening of January 23, 2017, but monitoring of possible storm related damage continues.
The possibility of additional unforeseen damage will require the City to be able to expedite
repairs and prevent further damage.
With this possible threat, there is a need to suspend the notice and bidding requirements
so that steps can be taken quickly to perform repairs and to complete prevention activities
throughout the City. State law and Poway Municipal Code section 2.12.060 also require
that the Proclamation of Local Emergency issued by the City Manager on January 20,
2017, be ratified by the City Council within seven days.
Environmental Review:
This action is not subject to CEQA review.
Fiscal Impact:
The fiscal impact is unknown at this time. There are adequate reserves to cover the cost
of estimated work, and we believe that most of the costs are recoverable under Federal
Disaster programs. Budget adjustments will be finalized prior to the completion of the
current fiscal year. Under the State Public Contract Code, staff is required to report back
to the City Council at each regular meeting on the expenditures, and to review the need
to continue the Proclamation of Local Emergency.
Public Notification:
None.
Attachments:
A. Resolution
B. Proclamation of Local Emergency
Reviewed /Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Morgan Foley
City Attorney
ov d By:
Tina M. White
City Manager
2 of 5 January 24, 2017, Item # 7•I
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, FINDING AND DECLARING THE EXISTENCE OF AN
EMERGENCY WITHIN THE CITY DUE TO A WINTER STORM EVENT, AND
SUSPENDING NOTICE AND BIDDING REQUIREMENTS IN CONNECTION
WITH REPAIRS REQUIRED THEREBY
WHEREAS, the Winter Storm Event in the City of Poway, commencing on or about
January 20, 2017 that resulted in erosion, flooding, and damage to public roads, drainage
systems, and other public facilities within the City, created a threat to public health and safety;
and
WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section
2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim
the existence of a local emergency when the City is affected by a public calamity, and the City
Council is not in session; and
WHEREAS, on January 20, 2017, the City Manager, acting pursuant to Government
Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency
based on conditions of extreme peril to the safety of persons and property caused by the Winter
Storm Event; and
WHEREAS, the City Council is required by Government Code section 8630 and PMC
section 2.12.065 to ratify the existence of a local emergency within seven (7) days of a
Proclamation of Local Emergency by the City Manager; and
WHEREAS, Public Contract Code Section 20168 provides that the City Council may
pass by four -fifths (4/5) vote, a resolution declaring that the public interest and necessity
demand the immediate expenditure of public money to safeguard life, health, or property; and
WHEREAS, upon adoption of such resolution, the City Manager may expend any sum
required in the emergency and report the same to the City Council in accordance with Public
Contract Code Section 22050; and
WHEREAS, if such expenditure is ordered, the City Council shall review the emergency
action at each regular meeting, to determine if there is a need to continue the action or if the
Proclamation of Local Emergency may be terminated; and
WHEREAS, such storm, wind, flood and erosion damage constitute an emergency within
the terms of Public Contract Code Sections 20168 and 22050 which requires that the City
Manager be able to act quickly and without complying with the notice and bidding procedures of
the Public Contract Code to repair and protect such public facilities.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Poway
hereby finds and declares:
1. An emergency exists within the City as the result of storm, wind, flood and erosion
damage to public facilities; and
3 of 5 ATTACHMENT A January 24, 2017, Item # 7•1
(a) The continuing threat of erosion and
expend public money to repair and protect
safeguard life, health, or property; and
Resolution No. 17-
Page 2
flooding requires that the City be able to
storm - damaged public facilities in order to
(b) The City Manager is authorized to order work for the temporary repair or protection
of public facilities damaged by flooding and wind or threatened by erosion, if and to the
extent necessary, to safeguard life, health, or property without complying with notice or
bidding procedures; and
(c) Once such expenditure is made, the City Manager shall report the conditions to the
City Council at each regular meeting, at which time the City Council shall either continue
the emergency action or shall declare the emergency ended.
2. This Proclamation of Local Emergency and all subsequent resolutions in connection
herewith shall require a four -fifths (4/5) vote of the City Council.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof, this 24th day of January 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk, of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No.17- was duly adopted by the City Council
at a meeting of said City Council held on the 24th of January 2017, and that it was so adopted
by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ASSENT: NONE
DISQUALIFIED: NONE
Nancy Neufeld, CMC, City Clerk,
City of Poway
4 of 5 January 24, 2017, Item # 7.1
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, section 2.12.060 of the Poway Municipal Code empowers 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, the City Manager, as Director of Emergency Services of the City of
Poway, does hereby find that conditions of extreme peril to the safety of persons and
property have arisen within the City of Poway, caused by a winter storm event
commencing on or about 1:00 p.m. on the day of January 20, 2017; and
WHEREAS, that the City Council of the City of Poway is not in session and
cannot immediately be called into session; and
WHEREAS, this Proclamation of Local Emergency will be ratified by the City
Council within seven days of being issued.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of
Emergency Services for the City of Poway, that a local emergency now exists
throughout the City and that said local emergency shall be deemed to continue to exist
until its termination is proclaimed by the City Council; 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 Poway Emergency Plan; and
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation
of Local Emergency be forwarded to the State Director of the Governor's Office of
Emergency Services with a request that;
1. The State Director find the Proclamation of Local Emergency acceptable in
accordance with provisions of the California Disaster Assistance Act; and that
2. The State Director forward this Proclamation, and request for a State
Proclamation of Emergency, to the Governor of California for consideration
and action.
PASSED AND ADOPTED by the Director of Emergency Services for the City of
Poway this 20th day of January, 2017,
January 20. 2017 at 1:00 p.m.
Date and Time
Tina White
Director of Emergency Services —
5 of 5 ATTACHMENT B January 24, 2017, Item #-7.1