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ADMINISTRATIVE STAFF REPORT 6.3
TO: Mayor and Town Council May 2, 2023
SUBJECT: Resolution No. 29-2023, reconfirming and extending the existence of a
local emergency
BACKGROUND
On December 31, 2022, the Town experienced flooding and mudslides in several
neighborhoods as a result of the atmospheric river which hit the Bay Area. A number of
trees were also lost due to high winds and saturated soils. On January 3, 2023, the Town
Manager, acting in the role of Director of Emergency Services, proclaimed the existence of a
local emergency based on the initial storm and the impending second atmospheric river
which arrived on January 4.
On January 10, 2023, the Town Council adopted Resolution No. 3-2023, confirming the
original proclamation of emergency. On March 7, 2023, the Town Council adopted
Resolution No. 18-2023, reconfirming and extending the existence of the emergency.
Pursuant to Government Code Section 8630, the Council is required to determine whether
the local emergency still exists at least every 60 days.
DISCUSSION
The Town has recently completed the emergency project to replace a large culvert on Diablo
Road, but is still working on the Front Street slide repair. This repair, which is significant
and needs to be completed to avoid loss of the roadway, is an emergency project.
Continuation of the original storm related emergency declaration will assist the Town both
in working through the approval process and to enhance the likelihood of FEMA
reimbursement. Therefore, it is appropriate to continue the state of emergency at this time.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
There is no immediate fiscal impact from adoption of the resolution . The Town will
continue to work towards FEMA reimbursement for costs associated with the emergency.
Reconfirming Local Emergency May 2, 2023
2
RECOMMENDATION
Adopt Resolution No. 29-2023, reconfirming and extending the existence of a local emergency.
Prepared by:
Robert B. Ewing
City Attorney
Attachment: Resolution No. 29-2023
RESOLUTION NO. 29-2023
RECONFIRMING AND EXTENDING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, on January 3, 2023, the Town’s Director of Emergency Services proclaimed
a local emergency within the Town of Danville based on the flooding and mudslides
throughout the Town caused by the atmospheric river and strong winds which the Town
experienced beginning on December 31, 2022; and
WHEREAS, on January 10, 2023, the Town Council adopted Resolution No. 3-2023,
ratifying the Director of Emergency Services proclamation based on ongoing storms and
the need for emergency responses to damage to public and private property caused by
the storms; and
WHEREAS, on March 7, 2023, the Town Council adopted Resolution No. 18 -2023,
reconfirming and extending the declaration of local emergency; and
WHEREAS, Government Code Section 8630 requires the Town Council to review the
need for continuing the local emergency at least once every 60 days until the Council
terminates the local emergency; and
WHEREAS, the Town Council has determined that the local emergency still exists, based
on ongoing emergency repairs to public improvements on Front Street, and efforts to
determine the extent of damages to private property throughout the Town that may be
eligible for FEMA assistance; now, therefore, be it
RESOLVED, by the Danville Town Council that the existence of a local emergency, as
first proclaimed by the Director of Emergency Services on January 3, 2023, initially
confirmed by the Town Council on January 10, and previously reconfirmed by the Town
Council on March 7, 2023, is hereby re-confirmed and extended until its termination is
proclaimed by the Town Council, consistent with Government Code Section 8630; and,
be it further
RESOLVED, that Town staff shall continue to take any actions necessary to seek
reimbursement for emergency expenses incurred should such disaster funding become
available.
DocuSign Envelope ID: 9EE60E46-EFDD-4025-8B69-ECD283129DF2
PAGE 2 OF RESOLUTION NO. 29-2023
APPROVED by the Danville Town Council at a regular meeting on May 2, 2023 by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 9EE60E46-EFDD-4025-8B69-ECD283129DF2