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ADMINISTRATIVE STAFF REPORT
TO: Mayor and Town Council August 17, 2023
SUBJECT: Resolution No. 61-2023, 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. On June 20, 2023, the Council adopted Resolution No. 50-2023, further
extending the declaration. 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 various emergency projects necessitated by the
winter storms, the Front Street slide repair is not yet complete. This repair, which is
significant and needs to be completed to avoid loss of the roadway, is an emergency project.
Work has recently begun and is expected to take two-three months to complete.
Continuation of the original storm related emergency declaration is necessary to allow the
Town to continue to complete the Front Street project and enhance the likelihood of FEMA
reimbursement. Therefore, it is appropriate to continue the state of emergency at this time.
Town staff will continue to monitor the need for any further extensions.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public. Notice of this special
meeting has been provided as required by the Brown Act.
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. 61-2023, reconfirming and extending the existence of a local emergency.
Prepared and Reviewed by:
Robert B. Ewing
City Attorney
Attachment: Resolution No. 61-2023
Reconfirming Local Emergency August 17, 2023
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RESOLUTION NO. 61-2023
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, May 2, 2023, adopted
Resolution No. 29-2023 extending the declaration and on June 20, 2023, adopted
Resolution No. 50-2023, 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 necessary to save
the street; 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, May 2, 2023 and June 20, 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.
APPROVED by the Danville Town Council at a special meeting on August 17, 2023, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
PAGE 2 OF RESOLUTION NO. 61-2023