HomeMy WebLinkAboutTC Res 2019-08-21 RESOLUTION NO. 34-2019
A RESOLUTION OF THE TOWN COUNCIL. OF THE TOWN OF TIBURON
CONTINUING THE DECLARATION OF A LOCAL EMERGENCY RELATED TO
RECENT STORMS BEGINNING ON FEBRUARY 12 2019
WHEREAS, the California Emergency Services Act. Chapter 7, of the California
Government Code, commencing with § 8550 confers upon the governing bodies of the political
subdivisions of this state emergency powers necessary to protect health and safety and preserve
lives and property; and
WHEREAS, § 8630 of the California Government Code, states that "a local emergency
may be proclaimed only by the governing body of a county. city and county, or city or by an official
so designated by ordinance adopted by such governing body;" and
WHEREAS, Section 21-5 of the Tiburon Municipal Code (TMC) appoints the Town
Manager as the Director of Emergency Services and TMC Section 21.6(a)(1) empowers the
Director of Emergency Services to request that the Town Council proclaim the existence of a local
emergency; and
WHEREAS, on February 20, 2019, in accordance with California Government Code §
8630 and Tiburon Municipal Code Section 21.6(a)(1), the Town Council adopted Resolution No.
02-2019 proclaiming a local emergency; and
WHEREAS, California Government Code § 8630 requires that the Council review the need
for continuing the local emergency at least once every 30 days; and
WHEREAS, the Town Council has adopted Resolution Nos. 09-2019. 12-2019, 16-2019,
22-2019, and 29-2019 continuing the declaration of local emergency: and
WHEREAS, additional earth movement has occurred in the Town of Tiburon as a result of
the storm system that caused a landslide and a washout in February 2019: and
WHEREAS, the landslide, washout, and associated emergency conditions are of an
ongoing nature and the emergency should not be terminated at this time: and
WHEREAS, the Town Council does hereby find:
That conditions of extreme peril to the safety of persons and property have arisen within this
Town, caused by a series of severe storm systems with significant wind-driven rainfall
resulting in localized flooding, landslide and road closure. commencing on or about
February 13, 2019: and a local emergency is deemed to exist in the Town of "Tiburon in
accordance with Town Council Resolution Nos. 02-2019. 09-2019. 12-2019. 16-2019. 22-
2019, and 29-2019; and
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Town Council Resolution No. 34-2019 08/21/2019
That these conditions resulted in a washout on Vistazo West and a landslide on Paradise
Drive damaging those public streets and depositing debris causing the closure of local
roadways and damaging public infrastructure and facilities: and
That these conditions are likely to be beyond the control of the services, persorinel,
equipment,and facilities of the Town; and
That the aforesaid conditions of extreme peril warrant and necessitate the continuance of the
proclamation of the existence of a local emergency.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town Council has
reviewed the need for continuing the declaration of local emergency and finds based on substantial
evidence that the public interest and necessity require the continuance of the declaration of local
emergency.
BE IT FURTHER RESOLVED that the Town Council shall review the need for
continuing the local emergency at least once every 30 days until the Town Council terminates the
local emergency.
IT IS FURTHER RESOLVED that during the existence of said local emergency the
powers, functions, and duties of the Director of Emergency Services and the emergency
organization of the Town shall be those prescribed by state law, and by ordinance and resolutions of
this Town approved by the Town Council, and by the Tbivii of TiburonlCity of Belvedere
Eivergeney Operations Plan, as approved by the Town Council.
IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the
Director of the Governor's Office of Emergency Services.
IT IS FURTHER ORDERED that a copy of this declaration be forwarded to the Governor
of California with the request for assistance though California Disaster Assistance Act (CDAA)
funding, a Presidential Declaration of an Emergency or Major Disaster and any and all recover
assistance the State of California can provide is requested.
PASSED AND ADOPTED at a regular meeting of the Town Council on August 21. 2019, by
the following vote:
AYES: COUNCILMEMBERS: Fredericks, Kulik, Thier. Welner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Fraser
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D F iD KULIK. MA
TOWN OF TIBLJRON
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TOWn Council Resolution No. 34-2019 08/21/2019
ATTEST:
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;F NI, TOWN CLERK
Pa,ye 3 of 3
Town Council Resolution No. 34-2019 08/21/2019