Council Agenda - City of Burbank

Tuesday, November 15, 2005

Agenda Item - 4


 

 

City Attorney�s Office

City of Burbank

Dennis A. Barlow, City Attorney

Memorandum

 

 

DATE: November 15, 2005
TO:

The Honorable Mayor and Members of the City Council

FROM: Mary F. Riley, Senior Assistant City Attorney
SUBJECT: Termination of Local Emergency � Wildfires and Mudslides

 

Purpose:      To terminate the Local Emergency and ratify certain Rules and Regulations adopted by the Director of the Emergency Services.

 

Discussion:  On Thursday, September 29, 2005, the Director of Emergency Services proclaimed a local emergency due to the wildfires in the hills of the City, in accordance with Burbank Municipal Code Section 10-106 (the �Local Emergency�).  The Council ratified that action on October 4, 2005.  Additionally, at that meeting, the Council reviewed the Local Emergency.

 

On or about October 17, 2005, 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, 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.

 

On October 18, 2005 the Council reviewed the Local Emergency as modified to include the imminent threat of mudslide, and found that such Local Emergency, as modified, was to continue at that time.

 

On October 19, 2005, and in accordance to Burbank Municipal Code Section 10-106(6)(i), the Director of Emergency Services adopted certain emergency rules and regulations, waiving bidding requirements during existence of a local emergency.

 

The Council reviewed the Local Emergency at its meeting of November 1, 2005 and extended the emergency as well as ratified the aforementioned Rules and Regulations.

 

In accordance with Government Code Section 8630, the governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.  The Council is being requested to terminate the local emergency at this time. Additionally, the Council is being asked to ratify and approve the emergency rules and regulations.

 

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.�  The situation resulting from said conditions of extreme peril is now deemed to be within the control of the normal protective services, personnel, equipment and facilities of said City of Burbank.  At this time there is no actual or threatened existence of any conditions rising to the level of an emergency.

 

Recommendation: That the Council adopt the following resolution:

 

A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY.

 

 

 

cc:       Mary Alvord, City Manager

            Mike Flad, Assistant City Manager

            Tracy P. Pansini, Fire Chief

            Richard Baenen, Disaster Coordinator     

 

 

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