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HomeMy WebLinkAboutAgenda Packet 12/24/2003 NOTICE OF A SPECIAL MEETING ATASCADERO CITY COUNCIL WEDNESDAY,DECEMBER 249 2003 12:00 p.m. 8930 Morro Road Atascadero, California EMERGENCY RESOLUTIONS CALL TO ORDER: ROLL CALL: MANAGEMENT REPORTS: EMERGENCY RESOLUTIONS • (State law requires that the City Council allow public comment on this agenda item.) 1. Radification of Proclamation of the Existence of a Local Emergency Staff recommendation: Council adopt Draft Resolution ratifying the City Manager's proclamation of the existence of a local emergency. 2. Authorization to Take Direct and Immediate Action Staff recommendation: Council adopt Draft Resolution ratifying prior acts of the City Manager and authorizing the City Manager to continue to take direct and immediate action to procure necessary equipment, services and supplies without giving notice for bids to let contracts. ADJOURNMENT: STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) CITY OF ATASCADERO ) MARCIA MCCLURE TORGERSON, being fully sworn, deposes, and says: That she is the duly elected City Clerk of the City of Atascadero and that on Wednesday, December 24, 2003, she caused the above Notice to be posted at the City's Administration Building, 6500 Palma Avenue in Atascadero, California. MARCIA MCCLURE TORGERSON,C.M. . City Clerk DATE: 12/24/2003 .10-401 Rim • 1918 __ ® 1979 Atascadero City Council City Attorney Report Emergency Resolutions RECOMMENDATION: Staff recommends that the City Council approve the two resolutions ratifying the prior acts of the Director of Emergency Services/ City Manager in declaring the existence of a state of emergency and in taking direct and immediate acts to repair or replace public facilities and authorize the mayor to execute them. DISCUSSION: • Government Code sections 8550 et seq. grant emergency powers to Cities in dealing with a natural disaster such as an earthquake. As the Director of Emergency Services the City Manager is authorized to issue a declaration delcaring a state of emergency. The declaration gives the city certain powers and immunities that do not exist in the absence of such a declaration. The declaration is also required for many FEMA or other reimbursement purposes. Such a declaration by the Director/City Manager must be ratified by the City Council within seven (7) days and the City Council must thereafter review the matter again within 21 days in order for the declaration to remain in force and effect. The purpose of this meeting is to ratify the previous declaration by the Director/ City Manager and to continue the declaration in effect. Pursuant to Public Contract Code section 22050 the City Manager has the authority under the declared emergency to take immediate action to procure necessary equipment, services, and supplies for the purposes of repairing and or replacing public facilities. Such acts must also be ratified within seven (7) days by action of the City Council and the City Council may direct that the City Manager continue to take such direct actions without following contract bid procedures. To do so the City Council must find, based upon facts contained in the minutes (but not required to be in the resolution or in a written staff report) that the emergency will not permit a delay resulting from a competitive solicitation for bids and the action is necessary to respond to the emergency. This action requires a 4/5 vote for approval, or if less than 5 are present a • unanimous vote of the City Council. This action must likewise be reviewed within 21 days for the powers to continue. • RESOLUTION RATIFYING PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY* (by City Council of Atascadero acting through its Mayor) WHEREAS, Atascadero Municipal Code Title 4 Chapter 4, Emergency Organization and Functions, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not is session; and WHEREAS, the Director of Emergency Services of the City of Atascadero did find; That conditions of extreme peril to the safety of persons and property have arisen within said city, caused by earthquake; and That the City Council of the City of Atascadero is not in session (and cannot be immediately be called into session); • WHEREAS, the Director of Emergency Services did, based upon those findings, delare a local emergency pursuant to local, State, and Federal Law, on December 23, 2003; and WHEREAS, the City Council convened for an emergency meeting pursuant to State Law at the earliest possible time and within 7 days of such proclamation on December 24, 2003, which meeting was duly noticed pursuant to the emergency meeting procedures contained in the Ralph M. Brown Act; and WHEREAS, the conditions of extreme peril to the safety of persons and property did and still exist within Atascadero, caused by earthquake and subsequent after shocks. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that: 1. The acts of the Director of Emergency Services in issuing a Declaration of Local Emergency are hereby ratified; and 2. A local emergency now and still exists throughout the City of Atascadero; 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, by ordinances, and resolutions of this city, as approved by the City Council. • This resolution was unanimously adopted by the City Council of the City of Atascadero at the special meeting held for that purpose on December 24, 2003 at 8930 Morro Rd. Atascadero, California, and the Mayor was directed to execute it. Dated: By: George Luna, Mayor City Of Atascadero • • • RESOLUTION RATIFYING USE OF EMERGENCY CONTRACTING PROCEDURES PURSUANT TO EXISTENCE OF A LOCAL EMERGENCY,* AND DIRECTING CITY MANAGER TO TAKE DIRECT AND IMMEDIATE ACTION REQUIRED BY THE EMERGENCY (by City Council of Atascadero acting through its Mayor) WHEREAS, Atascadero Municipal Code Title 4 Chapter 4, Emergency Organization and Functions, empowers the Director of Emergency Services/City Manager to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, the Director of Emergency Services/City Manager of the City of Atascadero did find; That conditions of extreme peril to the safety of persons and property have arisen within said city, caused by earthquake; and That the City Council of the City of Atascadero is not in session (and cannot be immediately called into session); WHEREAS, pursuant to Public Contract Code section 22050 the of Emergency Services/ City Manager has taken direct and immediate action to procure the necessary equipment, services, and supplies for the purpose of repairing and or replacing public facilities without giving notice for bids to let contracts; and WHEREAS, the Director of Emergency Services/City Manager did, based upon those findings, declare a local emergency pursuant to local, State, and Federal Law, on December 23, 2003; and WHEREAS, based upon evidence before the City Council, the emergency will not permit a delay resulting from a competitive solicitation for bids, and these actions have been and are necessary to respond to the emergency; and WHEREAS, the City Council convened for an emergency meeting pursuant to State Law at the earliest possible time and within seven (7) days of such proclamation on December 24, 2003, which meeting was duly noticed pursuant to the emergency meeting procedures contained in the Ralph M. Brown Act; and WHEREAS, the conditions of extreme peril to the safety of persons and property • did and still exist within Atascadero, caused by earthquake and subsequent aftershocks. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that: 1. The acts of the Director of Emergency Services/City Manager in previously taking direct and immediate action required to repair or replace public facilities by procuring the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts are hereby ratified. 2. A local emergency now and still exists throughout the City of Atascadero; and IT IS FURTHER PROCLAIMED AND ORDERED that the Director of Emergency Services/City Manager is ordered and authorized to take any further action directly related and immediate action required to repair or replace public facilities. This resolution was unanimously adopted by the City Council of the City of Atascadero at the special meeting held for that purpose on December 24, 2003 at 8930 Morro Road Atascadero, California, and the Mayor was directed to execute it. Dated: B : Y George Luna, Mayor City Of Atascadero