HomeMy WebLinkAbout09-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F.PENMAN Subject: Ratification of the Action of the Mayor, City Attorney
City Attorney and City Clerk to Amend Resolution 2006-373
Dept: CITY ATTORNEY
ORIGINAL Adopted on October 16, 2006.
Date: October 26, 2006 M/CC Meeting Date: November 6, 2006
Synopsis of Previous Council action: Resolution No. 2006-373 adopted on October 16, 2006.
Recommended Motion: That the Mayor and Common Council ratify the action of the Mayor, City Attorney
and City Clerk to amend Resolution 2006-373 adopted on October 16, 2006.
Signature
Contact person:_ Stephanie D. Easland Phone: 5355
Supporting data attached: Staff Report Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
Agenda Item No.
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STAFF REPORT
Council Meeting Date: November 6. 2006
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: October 31, 2006
AGENDA ITEM: Ratification of the Action of the Mayor, City Attorney and City
Clerk to Amend Resolution 2006-373 Adopted on October 16,
2006
On October 13, 2006, the City of San Bernardino experienced intense rains which
caused dangerous conditions within the City, including damage to storm drain channels,
infrastructure, building structures, and accumulation of debris within roadways at numerous
locations. As a result, the Mayor and Common Council proclaimed the existence of a local
emergency on October 16, 2006 in Resolution 2006-373.
On October 17, 2006, the Fire Department contacted the City Attorney's office and
requested that certain language be added to Resolution 2006-373 to increase the
likelihood of receiving disaster assistance. This request was prompted by conversations
with Rick Blackburn, Disaster Management Coordinator, who stated that the County of
San Bernardino required such language and that such procedures were used jn previous
proclaimed disasters within the City.
Although the City Attorney's office was informed by the Regional Administrator for
the Southern Regional Branch of the Office of Emergency Services that a request for
disaster assistance could be made in the Local Emergency Proclamation or by letter
submitted after the proclamation of a local emergency, in light of the Disaster Management
Coordinator's request and since the deadline to request assistance from the Office of
Emergency Services occurs before the next scheduled council meeting, the Mayor, City
Attorney and City Clerk took action to add the additional language to Resolution 2006-373.
The additional language included in Resolution 2006-373 is as follows:
WHEREAS, IT IS FURTHER ORDERED that said local emergency
shall be deemed to continue to exist until its termination is proclaimed by the
Mayor and Common Council; and
WHEREAS, IT IS HEREBY ORDERED that a copy of this resolution
be forwarded to the County of San Bernardino Office of Emergency Services
with the request for a Governor's State of Emergency Declaration; and
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WHEREAS, IT IS FURTHER RESOLVED that Fred Wilson, City
Manager, is hereby designated as the authorized representative for public
assistance and Rick Blackburn, Disaster Preparedness Coordinator, is
hereby designated as the authorized representative for individual assistance
of the City of San Bernardino for the purpose of receipt, processing, and
coordination of all inquiries and requirements necessary to obtain available
state and federal assistance.
The Council now needs to ratify, by motion, the action taken by the Mayor, City
Attorney and City Clerk to add the aforesaid language to Resolution 2006-373 which was
adopted on October 16, 2006, a copy of which is attached hereto as Exhibit "A". It is
recommended that the Mayor and members of the Common Council adopt the floor
motion.
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EXHIBIT "A"
I RESOLUTION NO. 2006-373
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
3 AND THE ISSUANCE OF A PROCLAMATION DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY.
4
5 WHEREAS, Chapter 2.46 of the Municipal Code of the City of San Bernardino empowers
6 the Mayor to request the Common Council to proclaim the existence or threatened existence of a
7 local emergency when said City is affected or likely to be affected by a public calamity if the
8 Common Council is in session; and
9 WHEREAS, the Common Council is in session, and therefore, the Mayor of the City of
10 San Bernardino hereby requests the Common Council to find that conditions of peril to the safety
11 of persons or property have arisen within the City of San Bernardino caused by intense rains,
12 including damage to storm drain channels, infrastructure, building structures, and from the
13 accumulation of debris within roadways at multiple locations; and
14 WHEREAS, the aforesaid conditions of peril warrant and necessitate this proclamation of
15 a Local Emergency;
16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
17 SAN BERNARDINO AS FOLLOWS:
18 WHEREAS, the Mayor and Common Council do hereby proclaim that a local emergency
19 now exists throughout said City, and has existed since 9:30 p.m. on October 13, 2006; and
20 WHEREAS, IT IS FURTHER ORDERED that said local emergency shall be deemed to
21 continue to exist until its termination is proclaimed by the Mayor and Common Council; and
22 WHEREAS, IT IS FURTHER PROCLAIMED AND ORDERED that during the existence
23 of said local emergency,the powers,functions,and duties of the emergency organization of this City
24 shall be those prescribed by state law, by ordinances and resolutions of this City,and by the City of
25 San Bernardino Emergency Plan.
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EXHIBIT "A"
1 RESOLUTION NO. 2006-373
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
3 AND THE ISSUANCE OF A PROCLAMATION DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY.
4
5 WHEREAS, IT IS HEREBY ORDERED that a copy of this resolution be forwarded to the
6 County of San Bernardino Office of Emergency Services with the request for a Governor's State of
7 Emergency Declaration; and
8 WHEREAS, IT IS FURTHER RESOLVED that Fred Wilson, City Manager, is hereby
9 designated as the authorized representative for public assistance and Rick Blackburn, Disaster
10 Preparedness Coordinator, is hereby designated as the authorized representative for individual
11 assistance of the City of San Bernardino for the purpose of receipt,processing,and coordination of
12 all inquiries and requirements necessary to obtain available state and federal assistance.
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EXHIBIT "A"
1 RESOLUTION NO. 2006-373
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
3 AND THE ISSUANCE OF A PROCLAMATION DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the Citv of San Bernardino at a joint regular meeting thereof, held on
7 16th day of October , 2006, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA x-
10 BAXTER x
11 VACANT
12 DERRY x
13 KELLY x
14 JOHNSON x
15 MCCAMMACK x
17 Rachel G. Clark, City Clerk
18 -�
19 The foregoing resolution is hereby approved this 1 9 day of October 2006.
20 �
Patrick J. Dorris, Ma
21 of n Bernardino
Approved as to form:
22
JAMES F. PENMAN,
23 City Attorney
24j
By:
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