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HomeMy WebLinkAbout21-Fire Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Larry R. Pitzer, Fire Chief Subject: Resolution ratifying the existence of a local emergency related to a train derailment. Dept: Fire Date: April 11, 2005 MCtC Meeting Date: April 18, 2005 Synopsis of Previous Council Action: ORIGINAL RECOMMENDATION: Adopt resolution. Contact Person: Larry R. Pitzer. Fire Chief Phone: (909) 384-5286 Supporting data attached: StaffReoort and Resolution Ward: Citywide FUNDING REQUIREMENTS: Amount: $ Source: (Acct No.) (Acct. Descriotion) Finance: Council Notes: ~. ;;'0 OS, K7 Il/1~/M. AgendaItemNo.~ STAFF REPORT SUBJECT: Resolution ratifying the existence of a local emergency related to a train derailment. BACKGROUND: On April 4, 2005 at approximately 8:00 p.m. there was a derailment of a Union Pacific Railroad train. The train derailment occurred directly south of the 2500 block of Foothill Boulevard in the City of San Bernardino. The City expended City resources (personnel time, equipment usage, and materials/supplies) in the response, mitigation activities, and evacuation activities related to the incident. Over 300 residents adjacent to the derailment were evacuated. In accordance with the City of San Bernardino Municipal Code Section 2.46.060.A.I states that the Mayor as Chairman of the San Bernardino Disaster Council and Executive Director of Emergency Services is empowered to: Request the Common Council to proclaim the existence or threatened existence of a local emergency if the Common Council is in session, or to issue such proclamation if the Common Council is not in session. A local emergency proclamation must be issued to allow billing and collection of costs incurred by the city at this incident. It was necessary for the Mayor to proclaim the existence of a local emergency within ten (10) days of the incident and for the Common Council to ratify the Proclamation within 7 (7) days of the issuance of the Proclamation. Staff is in the process of estimating costs incurred. Once that information is available it will be forwarded to the Mayor and Council. FINANCIAL IMPACT: Unknown fiscal impact at this time. The City could recoup costs incurred from the incident through Union Pacific Railroad. RECOMMENDATION: Adopt resolution. I ~T ---_.-.~....,~~~....... '. ~....-...". .~ .....~~.........~.......... CITY OF SAN BERNARDINO STATE OF CALIFORNIA PROCLAMATION OF A LOCAL EMERGENCY WHEREAS, San Bernardino Municipal Code Chapter 2.46.060 empowers the Mayor, as Chairman of the San Bernardino Disaster Council and Executive Director of Emergency Services, to proclaim the existence of a local emergency when the City Council is not in session; and WHEREAS, the Mayor Pro Tempore of the City of San Bernardino does hereby find: 1. That at the time of this proclamation,. the City Council is not in session; 2. That the conditions of extreme peril to .the safety of persons or property have arisen within the City of San Bernardino caused by a train derailment directly south of the 2500 block of Foothill Boulevard and the subsequent mitigation activities and necessary mandatory evacuation of adjacent neighbors; and 3. That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of a Local Emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a Local Emergency exists throu&hout the City of San Bernardino, commencing on or about 8:00 p.m. on the 4 day of April 2005; and IT IS FURTHER PROCLAIMED AND ORDERED that the Local Emergency shall be deemed to continue to exist for the next seven days, and thereafter by ratification of the City Council, until its termination is proclaimed by the City Council of the City of San Bernardino. Dated: April /~ , 2005 Y1o.2/ 'III r/tJ5 ~ . o o C> I. 1 RESOLUTIONNO.~Y RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO A TRAIN DERAILMENT. 2 3 4 5 WHEREAS, Chapter 2.46.060 of the San Bernardino Municipal Code empowers the 6 7 8 9 Mayor as Chairman of the San Bernardino Disaster Council and Executive Director of Emergency Services to proclaim the existence of a local emergency when the City Council is not in session, subject to ratification by the City Council within seven days; and 10 WHEREAS, conditions of extreme peril to the safety of persons or property have 11 12 13 arisen within the City of San Bernardino, caused by a train derailment directly South of the 2500 block of Foothill Boulevard and the subsequent mitigation activities and necessary mandatory evacuation of adjacent neighborhoods; and 14 WHEREAS, the Mayor and Common Council do hereby find that the aforesaid 15 conditions of extreme peril did warrant and necessitate the proclamation of the existence of 16 a local emergency; and 17 WHEREAS, on April 12, 2005 Mayor Pro Tempore Gordon McGinnis did proclaim 18 the existence of a local emergency that commenced within said City on or about 8:00 p.m. 19 on April 4, 2005 and 20 IT IS FURTHER PROCLAIMED AND ORDERED that the Local Emergency by the 21 22 Mayor Pro Tempore of the City of San Bernardino is hereby ratified, and that said local 23 emergency shall be deemed to continue to exist until its termination is proclaimed by the 24 City Council of the City of San Bernardino. 25 26 27 28 IIII IIII III1 No. J. 1 4Ir6/[)~ /11/ 1 ~""":':,'.::.,.;,,:-:-' .. o c o 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY 2 RELATED TO A TRAIN DERAILMENT. 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 6 the 7 meeting thereof, held on , 2005, by the following vote, to wit: day of 8 Council Members AYES 9 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK 10 11 12 13 14 15 16 17 18 NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk day of 19 The foregoing resolution is hereby approved this 20 21 22 23 Approved as to form and legal content: 24 25 James F. Penman, 26 City Attorney 27 J)./lafi:u(;J 28 By: ,2005. Judith Valles, Mayor City of San Bernardino 2