Council Agenda - City of Burbank

Tuesday, November 1, 2005

Agenda Item - 5

 

 

City Attorney�s Office

City of Burbank

Dennis A. Barlow, City Attorney

Memorandum

 

 
DATE: November 1, 2005
TO:

The Honorable Mayor and Members of the City Council

FROM: Mary F. Riley, Senior Assistant City Attorney
SUBJECT:

Council review of the Local Emergency, as modified, and ratifying the Director of Emergency Services rules and regulations

 

Purpose: City Council review of the Local Emergency, as modified, and ratifying the Director of Emergency Services rules and regulations.

 

Background:

 

On September 29, 2005 the Director of Emergency Services of the City of Burbank signed a Proclamation of Local Emergency (�Proclamation�) due to wildfires in the hillside (�Local Emergency�) in accordance with Burbank Municipal Code Section 10-102.  This Proclamation made and issued in connection therewith was ratified by the City Council on October 4, 2005 (Resolution No. 27,086).  Additionally, at that meeting the Council reviewed the current conditions and found that the conditions warranted the Local Emergency to remain in existence.

 

On or about October 17, 2005, the weather patterns shifted dramatically from hot, dry santa anna winds, to rain showers and wind.  While the threat of any additional fires ended, the burnt hillsides began to experience severe mudslides. The City Council was scheduled to review the Local Emergency at its Council meeting on October 18, 2005, and until the severe rain showers, it had been hoped that the threat of any fires would be eliminated and that the Local Emergency would soon be terminated.

 

On October 17, 2005 at approximately 4:00 p.m., heavy rain showers began to jeopardize the stability of the hillside areas damaged by the fires, threatening severe mudslides, and causing a new condition of extreme peril to the safety of persons and property directly below the burnt hillside. The Director of Emergency Services modified the scope of the existing Local Emergency by the Director of Emergency Services, when the City Council was not in session, and proclaimed the existence, or threatened existence, of a disaster within the hill area of said City at that time. Such proclamation, as modified, was reviewed by the Council the next day, and the Council found that conditions warranted the continuance of the Local Emergency as modified to include the imminent threat of mudslide.

 

On October 19, 2005, the Director of Emergency Services adopted certain emergency rules and regulations, attached hereto as Exhibit �A� and incorporated herein.

The Council is required to review and ratify the Director�s rules and regulations as soon as possible after the Director�s actions. Due to agenda time constraints, the ratification of such rules could not make the October 25, 2005 Council agenda. Additionally, the Council is obligated to review the Local Emergency, as modified, at least every fourteen days.

 

BMC Section 10-102 defines an emergency as an ��actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as � fire�which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to combat.�

 

It is recommended that the declaration of Local Emergency, as modified, be extended and continued for it is necessary due to the on-going clean up efforts coupled with the imminent threat of additional rain and mudslides. Such conditions result in extreme peril to the safety of persons and property located directly below the burnt hillsides which are likely to be beyond the control of the City.

 

Recommendation: That the Council adopt the following resolution:

 

 

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK REVIEWING THE LOCAL EMERGENCY, AS MODIFIED, AND RATIFYING THE DIRECTOR OF EMERGENCY SERVICES RULES AND REGULATIONS.

 

 

 

cc:       Mary Alvord, City Manager

            Mike Flad, Assistant City Manager

            Tracy P. Pansini, Fire Chief

            Richard Baenen, Disaster Coordinator

 

 


 

 

EMERGENCY

RULES & REGULATIONS

 

Directive waiving bidding requirements

during existence of a local emergency.

 

     WHEREAS a local emergency now exists within the City of Burbank, and the existence of the same has been duly declared.

 

     NOW, THEREFORE, by virtue of authority invested in me as Director of Emergency Services of the City of Burbank pursuant to the provisions of the Burbank Municipal Code (�BMC�), Chapter 10, Section 10-106(6)(i), to promulgate, issue, and enforce rules, regulations and directives, I hereby declare the following orders to be necessary for the protection of life and property.

 

  1.  Acquisition of services; competitive bidding:  BMC Section 9-112 requires certain purchases by the City for supplies or service contracts be made by the City only after competitive bidding, except for limited exceptions. During the term of the Local Emergency, the Purchasing Manager may, subject to the review and approval of the City Manager, dispense with competitive bidding for any contracts necessary to directly combat, contain, or otherwise stop the movement of soil caused by the burnt areas of the hillside, the subject of the Local Emergency.

 

 

 

           

 

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