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RESOLUTION NO. 2017-021 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) RATIFYING THE DECLARATION OF A LOCAL EMERGENCY DECLARED ON JANUARY 20, 2017 AS A RESULT OF SEVERE AND PROLONGED WIND AND RAIN STORMS THROUGHOUT THE COUNTY OF SAN DIEGO, INCLUDING THE CITY OF CHULA VISTA, ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF CHULA VISTA, (2) EXTENDING THE DECLARATION UNTIL FEBRUARY 19, 2017 AT 5:00 PM; AND (3) DIRECTING AND AUTHORIZING THE DIRECTOR OF EMERGENCY SERVICES TO OBTAIN ANY AND ALL LOCAL, COUNTY, STATE, AND FEDERAL AID TO ASSIST IN RECOVERY AND ADDRESSING THE AFOREMENTIONED STATE OF EMERGENCY
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On or about January 20, 2017, the County of San Diego, including the City of Chula Vista, experienced a series of severe and prolonged wind and rain storms. As a result of the storms, about two hundred trees were downed in the City of Chula Vista (blocking roadways and crashing into homes), power outages occurred, there was flooding, and damage to City facilities and equipment. As a result, the City activated its emergency operations center and took action in response to the emergency. On January 20, 2017, the Emergency Services Director (City Manager) for the City of Chula Vista declared a local state of emergency. On January 23, 2017, the State of California also declared a state of emergency. This resolution seeks to (1) ratify the Director of Emergency Services’ Declaration of Local Emergency; (2) to extend and set February 19, 2017 at 5:00 pm as the end date for Declaration of the Local Emergency, unless additional action is taken by City Council or the Director of Emergency Services; and (3) direct the Director of Emergency Services to seek any and all aid to assist in recovery and to address the impacts of the declared local emergency.
ENVIRONMENTAL REVIEW
The subject of the proposed resolution is not a “project” within the meaning of CEQA (Pub. Resources Code §21000, et. seq.) as set forth in the State CEQA Guidelines section 15060(c)(3).
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
On or about January 20, 2017, the County of San Diego, including the City of Chula Vista, experienced a series of severe and prolonged wind and rain storms. As a result of the storms, about two hundred trees were downed in the City (blocking roadways and crashing into homes), power outages occurred, there were car accidents, multiple instances of flooding, and damage to City facilities and equipment. As a result, the City activated its emergency operations center and took action in response to the emergency. Many City employees participated in the response to the local emergency and they should be highly commended for performing in an exemplary manner.
On January 20, 2017, pursuant to Government Code section 8630 and Chula Vista Municipal Code (“CVMC”) section 2.14.080(A), the Director of Emergency Services (City Manager) for the City of Chula Vista declared a local state of emergency as a result of the aforementioned severe and prolonged wind and rain storms.
Government Code section 8630 permits an official designated by a local agency to declare a local emergency. Government Code section 8630, as interpreted by the state, also provides that a declaration of a local emergency made by such designated local official shall not remain in effect for more than seven days, unless ratified by City Council.
CVMC section 2.14.080(A) provides that the City’s Director of Emergency Services may declare a local emergency when City Council is not in session. The City Manager, pursuant to CVMC section 2.14.070, functions as the director of emergency services.
CVMC section 2.13.080(A) also requires that City Council ratify a declaration of a local emergency if it was declared by the Director of Emergency Services at or before the “next regularly scheduled council meeting held after the date of the proclamation.”
Also, this action seeks to extend the end date for the declaration to February 19, 2017 at 5:00 pm. The additional time is required to permit the impacts of the emergency to end and to conduct a full inventory and review of the damage caused by the severe and prolonged wind and rain storm. Under the Government Code, the declaration must be reviewed every thirty (30) days for the declaration to continue. This requested extension is thirty (30) days from the January 20, 2017 Declaration.
This resolution seeks to (1) ratify the Director of Emergency Services’ Declaration of Local Emergency as required by Section 2.14.080(A) and the attendant provisions of the Government Code; (2) to extend and set February 19, 2017 at 5:00 pm as the end date for Declaration of the Local Emergency (which is 30 days from the Declaration of Local Emergency), unless additional action is taken by City Council or the Director of Emergency Services; and (3) direct the Director of Emergency Services to seek any and all aid to assist in recovery and to address the impacts of the declared local emergency, including from the California Disaster Assistance Act (“CDAA”).
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The updated Debt Policy supports the Operational Excellence goal as it seeks to ensure the City is in compliance with all new applicable codes and laws.
CURRENT YEAR FISCAL IMPACT
The City during the local emergency called in additional staff to assist, including, but not limited to, Police, Fire, IT, HR, Recreation, Finance, Communications, and Public Works personnel. As such, additional personnel expenses were incurred. A declaration of a local emergency and similar declarations by other government entities may assist (and may be required for federal assistance if available) in receiving aid from other local, state, or federal agencies. However, the expenditures from the City’s response to the local emergency and any aid that may be received have not yet been determined
ONGOING FISCAL IMPACT
The ongoing fiscal impact is yet to be determined.
ATTACHMENTS
1. Proclamation (Declaration) of Local Emergency dated January 20, 2017.
2. Declaration of State Emergency dated January 23, 2017
Staff Contact: Marlon King, Emergency Services Coordinator
Simon Silva, Deputy City Attorney