HomeMy WebLinkAbout062023-06.6 revised
ADMINISTRATIVE STAFF REPORT 6.6
TO: Mayor and Town Council June 20, 2023
SUBJECT: Resolution No. 50-2023, 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. On
May 2, the Council adopted Resolution No. 29-2023, again extending the declaration of
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
While the Town has largely completed the emergency project to replace a large culvert on
Diablo Road, the Front Street slide repair is still pending. This repair, which is significant
and needs to be completed to avoid loss of the roadway, is an emergency project. Town
staff continues to work with FEMA staff, our design consultants and PG&E to ensure this
repair moves forward without loss of the roadway. The most recent consultations with
FEMA staff led to an expansion of the scope of the project.
In addition, the Town is still working on removal of a stand of eucalyptus trees off of Diablo
Road near the recently completed culvert replacement. These trees have been determined
to be in poor health and most have a majority of their roots exposed due to erosion,
exacerbated by runoff during the winter storms. These trees need to be removed as soon as
possible to eliminate the immediate threat they present to the public. Because of the size of
the trees, their proximity to Diablo Road and the fact that the arborist report indicates that
if they fail, they will fall on Diablo Road, there is an immediate safety issue. Diablo Road is
used for school traffic both by private vehicles and school buses serving four different
Reconfirming Local Emergency 2 June 20, 2023
schools. In addition this stretch of Diablo Road is a popular route for cyclists looking to ride
up Mount Diablo. It is important to remove these trees as soon as possible and certai nly
before the start of the school year in August.
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.
RECOMMENDATION
Adopt Resolution No. 50-2023, reconfirming and extending the existence of a local emergency.
Prepared and Reviewed by:
Robert B. Ewing
City Attorney
Attachment: Resolution No. 50-2023
RESOLUTION NO. 50-2023
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 on May 2, 2023,
adopted Resolution No. 29-2023 further extending the declaration; 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, the need to
remove a stand of eucalyptus trees off of Diablo Road which present an immediate threat
to public safety for users of Diablo Road and efforts to determine the extent of damages
to private property throughout 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 and May 2, 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: 038432A5-B145-42E6-966A-19D66044496D
PAGE 2 OF RESOLUTION NO. 50-2023
APPROVED by the Danville Town Council at a regular meeting on June 20, 2023 by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 038432A5-B145-42E6-966A-19D66044496D