HomeMy WebLinkAboutReso 2018-083 - Local Emergency RESOLUTION NO. 2018-083
RESOLUTION CONFIRMING EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Government Code section 8642 provides that whenever a state of local
emergency exists, the governing body of the local governmental entity shall meet as soon as
possible; and
WHEREAS, Redding Municipal Code sections 4.22.120, 9.12.030, and 14.24.020,
generally empower the City Manager, as 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,Redding Municipal Code sections 9.12.030(C)and 4.22.120(C)provide that
the decision of the City Manager to declare a local emergency must be ratified by the City Council
within seven (7) calendar days of the City Manager's action or it shall have no further force or
effect; and
WHEREAS,the City Manager,as Director of Emergency Services of the City of Redding,
proclaimed the existence of a local emergency, as defined in Government Code section 8558(c),
within the City on the 26th day of July, 2018, as evidenced by the Proclamation of the Director of
Emergency Services attached and incorporated herein; and
WHEREAS,the Proclamation of the Director of Emergency Services dated July 26,2018,
was personally delivered to the County Director of Emergency Services on July 27, 2018; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
within the City which were caused by a fire commonly known as the Carr Fire; and
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WHEREAS,the Carr Fire commenced on or about 1:15 p.m. on the 23rd day of July,2018, ct.j
and entered the jurisdictional limits of the City of Redding on 26th day of July,2018, at which time n,
the City Council of the City of Redding was not in session; and
WHEREAS,the Governor of the State of California proclaimed a State of Emergency for (;
all of Shasta County on July 26, 2018, thereby making unnecessary the concurrence of the
Secretary of the California Office of Emergency Services with the determination of local U l
emergency confirmed and made herein; and
WHEREAS,the conditions caused by the Carr Fire are beyond the control of the services,
personnel, equipment and facilities of the City of Redding; and
WHEREAS, the City Council hereby finds that the aforesaid conditions of extreme peril
did warrant and necessitate the proclamation of the existence of a local emergency.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED as follows:
1. The recitals stated above are true, correct, and are adopted herein.
2. The Proclamation of the Director of Emergency Services dated July 26, 2018, is hereby
confirmed and ratified.
3. That, pursuant to Government Code section 8630(a), a local emergency within the
meaning of Government Code section 8558(c) exists within the jurisdictional limits of the
City of Redding.
4. That, pursuant to Public Contract Code section 20168 and 22050, the public interest and
necessity demand the immediate expenditure of public money to safeguard life, health and
property; the local emergency will not permit a delay resulting from a competitive
solicitation for bids; immediate action is necessary to respond to the local emergency; and
the City Manager is authorized to repair or replace a public facility, take any directly
related and immediate action required by the local emergency, and procure the necessary
equipment, services and supplies for those purposes without giving notice for bids to let
contracts.
5. That, pursuant to Public Contract Code section 22050(c)(1), the state of local emergency
shall be deemed to continue to exist until its termination is proclaimed by a resolution
adopted by a fourth-fifths vote of the City Council.
6. That, pursuant to Government Code section 8630(c) and Public Contract Code section
22050(c)(1), the City Council shall review the need for continuing the local emergency at
every regularly scheduled meeting of the City Council until the City Council terminates the
local emergency.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a
special meeting of the Redding City Council on the 31th day of July, 2018, by the following vote:
AYES: COUNCIL MEMBERS: McElvain,Sullivan,Winter,& Schreder
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Weaver
ABSTAIN: COUNCIL MEMBERS: None
STEN REDER, Mayor
ATTEST: APPROVED AS TO FORM:
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PAMELA MIZE, City le k B• '4'Y E. DeWALT, City Attorney