Att. A
Att. A “Placerville, a Unique Historical Past Forging into a Golden Future “ City Manager’s Report June 28, 2016 City Council Meeting Prepared By: Pierre Rivas, Development Services Director Item#: 12.4 Subject: Adopt a resolution proclaiming the existence of a Local State of Emergency due to drought conditions and bark beetle infestation resulting in pervasive tree mortality.
Background: The State of California has experienced severe drought conditions for four years which has made trees weakened and susceptible to an epidemic infestation of native bark beetle. It is currently estimated that there are over 29 million dead trees in California with the number continuing to grow. The presence of dead trees can significantly exacerbate the wildfire risk and presents a safety risk from falling trees that can damage both public infrastructure and private property. On October 30, 2015, the Governor of California proclaimed a State of Emergency due to unprecedented tree mortality due to drought conditions and bark beetle infestations and has ordered all state agencies, utilities, and local governments to undertake efforts to remove dead and dying trees for the protection of the public and infrastructure. Subsequently, the Board of Supervisors of the County of El Dorado proclaimed a Local Emergency due to tree mortality on March 28, 2016 (Resolution No. 053-2016). El Dorado County has been elevated from a “transitional county” to a “priority county” by the State due to the increase in the severity of tree mortality. Much of the City, in particular, its eastern portion can be characterized as a wildland-urban interface (WUI) area. These are areas where human-built structures and infrastructure abut or mix with naturally occurring vegetation types. Wildfires are of particular concern in WUI areas because these areas comprise extensive flammable vegetation, numerous structures, and ample ignition sources. The increase of a fuel source resulting from tree morality exacerbates the risk of catastrophic fires. The California Department of Forestry and Fire Protection (Cal Fire) Fire and Resource Assessment Program (FRAP) identifies most of the City as being within the Very High Fire Hazard Severity Zone (VHFHSZ) in a Local Responsibility Area (LRA) (FRAP map dated November 17, 2008). Discussion: Government Code Section 8630(a) provides that a local emergency may be proclaimed by the governing body of a county or city. Government Code Section 8558(c) defines a “local emergency” as the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a county or city caused by conditions that include drought and plant infestation or disease which are likely to be beyond the control of the services, personnel, equipment, and facilities of the local agency and which requires the combined forces of other political subdivisions to combat. Following the Governor’s proclamation of a State of Emergency and once the City declares a local state of emergency, the costs associated with the identification, removal, storage, and disposal of dead and dying trees constituting a threat of falling on public rights-of-way and public infrastructure may be eligible for California Disaster Assistance Act (CDAA) reimbursement.
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Att. A Eligible costs may include: (1) evaluation and identification of dead or dying trees threatening the public rights-of-way and public infrastructure by a certified arborist or forester; (2) removal of trees threatening public rights-of-way and infrastructure which may include trees on private property; (3) contracted tree removal, transportation, holding site fees, and disposal; and (4) reasonable force account labor, overtime, and equipment costs. Prior to making application for reimbursement, the City would need to identify to California Office of Emergency Services (Cal OES) the local needs, estimate of the number of trees, cost estimates of tree removal, and a plan for the removal of dead and dying trees. Staff proposes to bring forward a tree mortality hazard tree removal plan for consideration by the Council. In accordance with Government Code Section 8630 (c), once the City Council proclaims a state of local emergency, the Council will need to review the need for continuing the local emergency at least once every 30 days until the Council terminates the local emergency. Options: Do not proclaim a local state of emergency. Cost: Minimal. The cost of preparing the necessary assessment of tree mortality, cost estimates, and tree removal plan by staff will be absorbed by the existing operating budget. Staff cost may increase as the tree removal plan is implemented and if the mortality of trees increases. Budget Impact: The budget impact at this point in time is undetermined. Pursuant to California Government Code Section 8585.9, the state share of eligible costs shall not exceed 75% of the total eligible costs. Therefore, the City would be responsible for a cost-share of 25%. In addition, an administrative allowance of 10% may be applied as a percentage against the total approved state share to cover reasonable indirect costs and the costs of requesting, obtaining, auditing, and administering state disaster assistance funds. Recommendation: Adopt a Resolution proclaiming the existence of a Local State of Emergency due to drought conditions and bark beetle infestation resulting in pervasive tree mortality.
M. Cleve Morris, City Manager
Pierre Rivas, Development Services Director
Attachments: 1. Resolution 2. Governor Brown’s Declaration of a State of Emergency, October 30, 2015 3. Fact Sheet - California Disaster Assistance Act Funding for Tree Mortality Event
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RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACERVILLE DULY PROCLAIMING THAT A STATE OF LOCAL EMERGENCY EXISTS DUE TO TREE MORTALITY WITHIN THE CITY OF PLACERVILLE WHEREAS, Government Code Section 8630(a) provides that a local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body; and WHEREAS, Government Code Section 8558(c) defines a “local emergency” as the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city caused by conditions that include drought and plant infestation or disease which are likely to be beyond the control of the services, personnel, equipment and facilities of the local agency and which requires the combined forces of other political subdivisions to combat; and WHEREAS, on January 17, 2014, the Governor of the State of California proclaimed a State of Emergency in the State of California due to the severe drought conditions throughout the State; and WHEREAS, on October 21, 2014,the Board of Supervisors of the County of El Dorado, through the adoption of Resolution No. 179-2014, declared a local State of Emergency throughout the County due to the drought conditions that have been persistent in the County since January 1, 2014; and WHEREAS, on March 28, 2016, the Board of Supervisors of the County of El Dorado, through the adoption of Resolution No. 053-2016, declared a local State of Emergency throughout the County caused by conditions due to drought and subsequent tree mortality; and WHEREAS, the record drought conditions and lack of precipitation that have persisted throughout the State of California, the County of El Dorado, and the City of Placerville for the last four years having made trees susceptible to epidemic infestations of native bark beetles; and WHEREAS, data collected by state and federal agencies demonstrate that due to drought conditions and bark beetle infestation, over 29 million trees in the State of California are dead and that tens of millions more are likely to die over the next five to six years; and WHEREAS, surveys conducted by the U.S. Forest Services in August 2015 estimate that tree mortality in El Dorado County has affected 200,000 trees on 62,000 acres; and WHEREAS, on October 30, 2015, the Governor of the State of California proclaimed a State of Emergency due to unprecedented tree mortality due to drought conditions and resulting bark beetle infestations and has ordered all state agencies, utilities, and local governments to undertake efforts to remove dead or dying trees in order to provide for the protection of the public and infrastructure and to restore forest watershed and health; and WHEREAS, while this State of Emergency is in effect statewide, tree mortality has reached epidemic levels throughout the Central and Southern Sierra Nevada Mountains and is now aggressively expanding across the entire Western Slope of the Sierra Nevada Range that includes the County of El Dorado, the City of Placerville, and the neighboring Counties of Amador and Placer; and Page 1 of 3
WHEREAS, on December 8, 2015, the County of Placer adopted Resolution No. 2015-253 proclaiming a Local Emergency due to tree mortality in Placer County; and WHEREAS, on February 23, 2016, the County of Amador adopted Resolution No. 16-021, declaring a Local Emergency in Amador County due to pervasive tree mortality; and WHEREAS, this unprecedented level of tree mortality presents a risk to the safety of city residents and public infrastructure due to falling trees; heightens the threat of catastrophic wildfire; increases the prevalence of erosion; and threatens the overall health of the forests and local watershed; and WHEREAS, despite the recent levels of precipitation, the conditions that exist due to the extend drought and widespread tree mortality exacerbate already perilous fire conditions threatening the City and the surrounding environs; and WHEREAS, the City is located in a Very High Fire Hazard Severity Zone as shown on the California Department of Forestry and Fire Protection’s Fire and Resource Assessment Program map dated November 17, 2008; and WHEREAS, it is imperative that the City of Placerville implement immediate and aggressive measures to identify, isolate, treat and/or fell the trees that are dead and dying as a result of factors that include, but are not limited to, extreme and prolonged drought, bark beetles, and other parasites in order to immediately reduce the risks to public safety, infrastructure, forest health, and the community as large; and WHEREAS, it is further imperative that the City of Placerville implement immediate and aggressive measures, in collaboration with county, state, federal, and local agencies and private partners, to identify, isolate, treat, and/or fell the dead and dying trees that threaten public safety, infrastructure, forest health and the community at large; and WHEREAS, the City Council of the City of Placerville does hereby find: 1. That conditions of extreme peril to the safety of persons and property have arisen within the City of Placerville, caused by extreme drought conditions and plant infestation and disease resulting in pervasive tree mortality; and 2. That these conditions are or are likely to be beyond the control for the services, personnel, equipment, and facilities of the City of Placerville and will require the combined forces of other political bodies to address. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Placerville hereby proclaims the existence of a local emergency and said emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, by ordinance, and resolutions of the City Council. NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that a certified copy of this resolution proclaiming a local emergency be forwarded to the Governor of the State of California with a request that he proclaim the City of Placerville to be in a State of Emergency, and with a request the State of California waive regulations that hinder response and Page 2 of 3
recovery efforts, to make available recovery assistance under the California Disaster Assistance Act, and to expedite access to federal resources and any other appropriate federal disaster relief programs. The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Placerville held on June 28, 2016 by Councilmember _______________________ who moved its adoption. The motion was seconded by Councilmember ____________________. The motion was passed by the following vote: AYES: NOES: ABSENT: ABSTAIN:
______________________________ Mayor Trisha Wilkins ATTEST:
_____________________________ Regina O’Connell, Interim City Clerk
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Background: The State of California has experienced severe drought conditions for four years which has made trees weakened and susceptible to an epidemic infestation of native bark beetle. It is currently estimated that there are over 29 million dead trees in California with the number continuing to grow. The presence of dead trees can significantly exacerbate the wildfire risk and presents a safety risk from falling trees that can damage both public infrastructure and private property. On October 30, 2015, the Governor of California proclaimed a State of Emergency due to unprecedented tree mortality due to drought conditions and bark beetle infestations and has ordered all state agencies, utilities, and local governments to undertake efforts to remove dead and dying trees for the protection of the public and infrastructure. Subsequently, the Board of Supervisors of the County of El Dorado proclaimed a Local Emergency due to tree mortality on March 28, 2016 (Resolution No. 053-2016). El Dorado County has been elevated from a “transitional county” to a “priority county” by the State due to the increase in the severity of tree mortality. Much of the City, in particular, its eastern portion can be characterized as a wildland-urban interface (WUI) area. These are areas where human-built structures and infrastructure abut or mix with naturally occurring vegetation types. Wildfires are of particular concern in WUI areas because these areas comprise extensive flammable vegetation, numerous structures, and ample ignition sources. The increase of a fuel source resulting from tree morality exacerbates the risk of catastrophic fires. The California Department of Forestry and Fire Protection (Cal Fire) Fire and Resource Assessment Program (FRAP) identifies most of the City as being within the Very High Fire Hazard Severity Zone (VHFHSZ) in a Local Responsibility Area (LRA) (FRAP map dated November 17, 2008). Discussion: Government Code Section 8630(a) provides that a local emergency may be proclaimed by the governing body of a county or city. Government Code Section 8558(c) defines a “local emergency” as the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a county or city caused by conditions that include drought and plant infestation or disease which are likely to be beyond the control of the services, personnel, equipment, and facilities of the local agency and which requires the combined forces of other political subdivisions to combat. Following the Governor’s proclamation of a State of Emergency and once the City declares a local state of emergency, the costs associated with the identification, removal, storage, and disposal of dead and dying trees constituting a threat of falling on public rights-of-way and public infrastructure may be eligible for California Disaster Assistance Act (CDAA) reimbursement.
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Att. A Eligible costs may include: (1) evaluation and identification of dead or dying trees threatening the public rights-of-way and public infrastructure by a certified arborist or forester; (2) removal of trees threatening public rights-of-way and infrastructure which may include trees on private property; (3) contracted tree removal, transportation, holding site fees, and disposal; and (4) reasonable force account labor, overtime, and equipment costs. Prior to making application for reimbursement, the City would need to identify to California Office of Emergency Services (Cal OES) the local needs, estimate of the number of trees, cost estimates of tree removal, and a plan for the removal of dead and dying trees. Staff proposes to bring forward a tree mortality hazard tree removal plan for consideration by the Council. In accordance with Government Code Section 8630 (c), once the City Council proclaims a state of local emergency, the Council will need to review the need for continuing the local emergency at least once every 30 days until the Council terminates the local emergency. Options: Do not proclaim a local state of emergency. Cost: Minimal. The cost of preparing the necessary assessment of tree mortality, cost estimates, and tree removal plan by staff will be absorbed by the existing operating budget. Staff cost may increase as the tree removal plan is implemented and if the mortality of trees increases. Budget Impact: The budget impact at this point in time is undetermined. Pursuant to California Government Code Section 8585.9, the state share of eligible costs shall not exceed 75% of the total eligible costs. Therefore, the City would be responsible for a cost-share of 25%. In addition, an administrative allowance of 10% may be applied as a percentage against the total approved state share to cover reasonable indirect costs and the costs of requesting, obtaining, auditing, and administering state disaster assistance funds. Recommendation: Adopt a Resolution proclaiming the existence of a Local State of Emergency due to drought conditions and bark beetle infestation resulting in pervasive tree mortality.
M. Cleve Morris, City Manager
Pierre Rivas, Development Services Director
Attachments: 1. Resolution 2. Governor Brown’s Declaration of a State of Emergency, October 30, 2015 3. Fact Sheet - California Disaster Assistance Act Funding for Tree Mortality Event
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RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACERVILLE DULY PROCLAIMING THAT A STATE OF LOCAL EMERGENCY EXISTS DUE TO TREE MORTALITY WITHIN THE CITY OF PLACERVILLE WHEREAS, Government Code Section 8630(a) provides that a local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body; and WHEREAS, Government Code Section 8558(c) defines a “local emergency” as the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city caused by conditions that include drought and plant infestation or disease which are likely to be beyond the control of the services, personnel, equipment and facilities of the local agency and which requires the combined forces of other political subdivisions to combat; and WHEREAS, on January 17, 2014, the Governor of the State of California proclaimed a State of Emergency in the State of California due to the severe drought conditions throughout the State; and WHEREAS, on October 21, 2014,the Board of Supervisors of the County of El Dorado, through the adoption of Resolution No. 179-2014, declared a local State of Emergency throughout the County due to the drought conditions that have been persistent in the County since January 1, 2014; and WHEREAS, on March 28, 2016, the Board of Supervisors of the County of El Dorado, through the adoption of Resolution No. 053-2016, declared a local State of Emergency throughout the County caused by conditions due to drought and subsequent tree mortality; and WHEREAS, the record drought conditions and lack of precipitation that have persisted throughout the State of California, the County of El Dorado, and the City of Placerville for the last four years having made trees susceptible to epidemic infestations of native bark beetles; and WHEREAS, data collected by state and federal agencies demonstrate that due to drought conditions and bark beetle infestation, over 29 million trees in the State of California are dead and that tens of millions more are likely to die over the next five to six years; and WHEREAS, surveys conducted by the U.S. Forest Services in August 2015 estimate that tree mortality in El Dorado County has affected 200,000 trees on 62,000 acres; and WHEREAS, on October 30, 2015, the Governor of the State of California proclaimed a State of Emergency due to unprecedented tree mortality due to drought conditions and resulting bark beetle infestations and has ordered all state agencies, utilities, and local governments to undertake efforts to remove dead or dying trees in order to provide for the protection of the public and infrastructure and to restore forest watershed and health; and WHEREAS, while this State of Emergency is in effect statewide, tree mortality has reached epidemic levels throughout the Central and Southern Sierra Nevada Mountains and is now aggressively expanding across the entire Western Slope of the Sierra Nevada Range that includes the County of El Dorado, the City of Placerville, and the neighboring Counties of Amador and Placer; and Page 1 of 3
WHEREAS, on December 8, 2015, the County of Placer adopted Resolution No. 2015-253 proclaiming a Local Emergency due to tree mortality in Placer County; and WHEREAS, on February 23, 2016, the County of Amador adopted Resolution No. 16-021, declaring a Local Emergency in Amador County due to pervasive tree mortality; and WHEREAS, this unprecedented level of tree mortality presents a risk to the safety of city residents and public infrastructure due to falling trees; heightens the threat of catastrophic wildfire; increases the prevalence of erosion; and threatens the overall health of the forests and local watershed; and WHEREAS, despite the recent levels of precipitation, the conditions that exist due to the extend drought and widespread tree mortality exacerbate already perilous fire conditions threatening the City and the surrounding environs; and WHEREAS, the City is located in a Very High Fire Hazard Severity Zone as shown on the California Department of Forestry and Fire Protection’s Fire and Resource Assessment Program map dated November 17, 2008; and WHEREAS, it is imperative that the City of Placerville implement immediate and aggressive measures to identify, isolate, treat and/or fell the trees that are dead and dying as a result of factors that include, but are not limited to, extreme and prolonged drought, bark beetles, and other parasites in order to immediately reduce the risks to public safety, infrastructure, forest health, and the community as large; and WHEREAS, it is further imperative that the City of Placerville implement immediate and aggressive measures, in collaboration with county, state, federal, and local agencies and private partners, to identify, isolate, treat, and/or fell the dead and dying trees that threaten public safety, infrastructure, forest health and the community at large; and WHEREAS, the City Council of the City of Placerville does hereby find: 1. That conditions of extreme peril to the safety of persons and property have arisen within the City of Placerville, caused by extreme drought conditions and plant infestation and disease resulting in pervasive tree mortality; and 2. That these conditions are or are likely to be beyond the control for the services, personnel, equipment, and facilities of the City of Placerville and will require the combined forces of other political bodies to address. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Placerville hereby proclaims the existence of a local emergency and said emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, by ordinance, and resolutions of the City Council. NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that a certified copy of this resolution proclaiming a local emergency be forwarded to the Governor of the State of California with a request that he proclaim the City of Placerville to be in a State of Emergency, and with a request the State of California waive regulations that hinder response and Page 2 of 3
recovery efforts, to make available recovery assistance under the California Disaster Assistance Act, and to expedite access to federal resources and any other appropriate federal disaster relief programs. The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Placerville held on June 28, 2016 by Councilmember _______________________ who moved its adoption. The motion was seconded by Councilmember ____________________. The motion was passed by the following vote: AYES: NOES: ABSENT: ABSTAIN:
______________________________ Mayor Trisha Wilkins ATTEST:
_____________________________ Regina O’Connell, Interim City Clerk
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