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Home My WebLink About2023-10-24 - AGENDA REPORTS - RESO LOCAL EMERGENCYO Agenda Item: 9 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: TAA,/� DATE: October 24, 2023 SUBJECT: RESOLUTION RATIFYING THE EXISTENCE OF A LOCAL EMERGENCY DEPARTMENT: Economic Development PRESENTER: Adrian Aguilar RECOMMENDED ACTION City Council adopt a resolution ratifying the existence of a local emergency and the associated emergency contract with Transit Systems Unlimited, Inc. BACKGROUND Chapter 2.40 of the Santa Clarita Municipal Code (SCMC), Ordinance No. 89-6, empowers the Director of Emergency Services to proclaim the existence, or threatened existence, of a local emergency when the City of Santa Clarita (City) is affected, or likely to be affected, by a public calamity. Conditions of extreme peril to the safety of persons have arisen within the City caused by the MV Transportation bus driver strike on October 9, 2023, resulting in the City's transportation services being immediately suspended. This matter of extreme peril to the safety and well-being of persons dependent on transportation services warranted and necessitated the proclamation of a local emergency throughout the City. The City's Director of Emergency Services (City Manager) did proclaim a local emergency within the City on October 10, 2023. Per Chapter 2.40 of the SCMC, Ordinance No. 89-6, whenever a local emergency is proclaimed by the City Manager, the City Council should take action to ratify the proclamation. This local emergency shall be deemed to continue to exist until the City Council proclaims its termination. With this declaration, it has now been found that local resources are unable to cope with the effects of the emergency. In correlation with the emergency declaration, the City Manager entered into an emergency contract with Transit Systems Unlimited, Inc., to provide critical services, including Access Services (ADA), Dial -A -Ride, school transportation, and select local routes. This contract will remain in effect until the labor strike is resolved and will be terminated thereafter. Page 1 Packet Pg. 84 O ALTERNATIVE ACTION 1. Decline adoption of Resolution. 2. Other action as determined by the City Council. FISCAL IMPACT Upon approval of the recommended actions, adequate funds will be available in the Transit Local Bus Expenditure account 7003700-516116 (Transit Fund) to support the emergency contract. There is no fiscal impact to the General Fund. ATTACHMENTS Resolution Page 2 Packet Pg. 85 9.a RESOLUTION NO.23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, CONFIRMING THE CITY MANAGER'S PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE AND SANTA CLARITA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The City Council finds as follows: A. The City of Santa Clarita provides public transportation services for persons within the City's jurisdiction including those who are elderly, disabled, or otherwise require transportation (collectively, "Public Transportation"). In providing such services, the City contracts with MV Transportation ("MV") to manage, maintain, and operate the Public Transportation. B. The City itself neither employs nor supervises such drivers; they are solely MV employees and not public employees. MV employs drivers who are members of the Local 572 Teamsters Union ("Local 572"). MV and Local 572 have not reached an agreement in collective bargaining efforts. As a result, Local 572's members commenced a labor strike beginning October 9, 2023. MV is not performing its obligations under its agreement with the City. C. Providing Public Transportation is a significant part of protecting public health and safety. The sudden interruption in Public Transportation services constitutes a local "emergency" as contemplated by both Government Code § 8558(c)(1) and Santa Clarita Municipal Code ("SCMC") § 2.40.020, as they are beyond the control of the City's services, personnel, equipment, and facilities. Moreover, this condition does not arise from a labor controversy between the City or any of its employees; it is a failure to perform a Public Transportation agreement by MV. D. On October 10 and October 17, the City Manager declared the existence of a local emergency. A copy of the administrative Declaration of Emergency is attached and incorporated by reference. E. SCMC § 2.40.060 provides that in the event of an emergency, the City Manager may utilize "all City resources for the preservation of life and property and to reduce the effects of disaster...." As a result, the City Manager executed an emergency contract with Transit Systems Unlimited to provide Public Transportation services during, and until the cessation, of MV's failure to perform its contract. F. Government Code § 8630 and SCMC § 2.40.060 require that the City Council take action to ratify the local emergency. Page 1 of 3 Packet Pg. 86 9.a SECTION 2: The City Council ratifies the proclamation of a local emergency made by the City Manager, serving as Director of Emergency Services, as follows: A. The City Council finds that conditions of extreme peril to the safety of persons have been created within the City, caused by the labor strike between MV Transportation and its drivers, and requires emergency corrective actions until the known dispute is concluded. B. In consequence of said conditions described, and pursuant to Government Code § 8630 and SCMC § 2.40.060, the City Council finds a local emergency now exists within the City of Santa Clarita as to Public Transportation services and ratifies the Proclamation of the City Manager/Director of Emergency Services. Additionally, the City Council reviews and approves the emergency actions of the City Manager/Director of Emergency Services, with respect to the emergency contract entered into with Transit Systems Unlimited. C. The City Council also proclaims and orders that during this local emergency, the powers, functions, and duties of the Santa Clarita City Manager/Director of Emergency Services and the emergency organization of the City of Santa Clarita are those prescribed by California law including, without limitation, the SCMC. D. The City Council will proclaim the termination of the local emergency at the earliest possible date that conditions warrant. SECTION 3: The City Council ratifies all actions undertaken by the City Manager since the commencement of the local emergency including, without limitation, executing Agreement No. FDODIFCE2AF64B2C905C6EA5A8C83967 with Transit Systems Unlimited, Inc., for emergency transit services. SECTION 4: Severability. If any part of this resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications, and to this end, the provisions of this resolution are severable. SECTION 5: Electronic Signatures. This resolution may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 6: Recordation. The Mayor, or presiding officer, is authorized to sign this resolution signifying its adoption by the City Council of the City of Santa Clarita and the City Clerk, or her duly appointed deputy, may attest thereto. SECTION 7: _ELective Date. This resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. Page 2 of 3 Packet Pg. 87 9.a PASSED, APPROVED, AND ADOPTED this 241h day of October 2023. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 23- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 24th day of October 2023, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: CITY CLERK Page 3 of 3 Packet Pg. 88 City of SANTA CLARITA 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 ivww.santa-clarita. conz DECLARATION OF EMERGENCY The City Manager finds: Pursuant to City of Santa Clarita Municipal Code § 2.40.060 (a)(1), a local emergency is proclaimed to exist within the City of Santa Clarita beginning on October 10, 2023. The City of Santa Clarita partners with MV Transportation for transit services. Over the past year, MV Transportation has been actively negotiating with the bus drivers' Union, Teamsters Local 572. Effective Monday, October 9, 2023, the unresolved labor negotiations between MV Transportation and the Union concluded in a strike. As a result, the City has been forced to suspend its transit services. The aforementioned conditions constitute the existence of conditions presenting a real and present concern of extreme peril to the health and safety of persons within the City of Santa Clarita, which conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, and therefore requires emergency corrective actions in the form of temporary contractual services from other transportation sources. Kenneth W. Striplin, ity Manager October 10, 2023 7 j e Date/Time F Packet Pg. 89 ..�'� ' -� .t ��•' r r. r ' � � tit C- 0 SANTA CLARITA 23920 Valencia Boulevard • Santa Clarita, California 91355-2196 Phone: (661) 259-2489 • FAX: (661) 259-8125 www.santa-clarita. com DECLARATION OF EMERGENCY The City Manager finds: Pursuant to City of Santa Clarita Municipal Code § 2.40.060 (a)(1), a local emergency is proclaimed to exist within the City of Santa Clarita beginning on October 10, 2023. The City of Santa Clarita partners with MV Transportation for transit services. Over the past year, MV Transportation has been actively negotiating with the bus drivers' Union, Teamsters Local 572. Effective Monday, October 9, 2023, the unresolved labor negotiations between MV Transportation and the Union concluded in a strike. As a result, the City has been forced to suspend its transit services. The aforementioned conditions constitute the existence of conditions presenting a real and present concern of extreme peril to the health and safety of persons within the City of Santa Clarita, which conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, and therefore requires emergency corrective actions in the form of temporary contractual services from other transportation sources. �-- -,X14 Kenneth W. Striplin ity Manager October 17. 2023 Date/Time i;, Packet Pg. 90