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HomeMy WebLinkAboutItem 4a. Approve Emergency Services Director Proclamation No. 2 (2023 Series) confirming a Local Emergency on March 9, 2023 Item 4a. Department: Administration Cost Center: 1021 For Agenda of: 3/13/2023 Placement: Business Estimated Time: 30 Minutes FROM: Derek Johnson, City Manager Prepared By: Teresa Purrington, City Clerk SUBJECT: APPROVAL OF EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 2 (2023 SERIES) RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California confirming the Emergency Services Director’s Proclamation of the Existence of a Local Emergency on March 9, 2023.” DISCUSSION On March 9, 2023, at 2:00 PM the City Manager acting as the Emergency Services Director issued Emergency Services Director Proclamation No. 2 (2023 Series) (Attachment B). Pursuant to the City of San Luis Obispo Municipal Code Section 2.24.060, the City Council must ratify the proclamation within seven (7) days of its issuance. ATTACHMENTS A - Draft Resolution ratifying Emergency Services Director Proclamation No. 2 (2023 Series) B - Emergency Services Director Proclamation No. 2 (2023 Series) Page 3 of 9 Page 4 of 9 R ______ RESOLUTION NO. ____ (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CONFIRMING THE EMERGENCY SERVICES DIRECTOR’S PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY ON MARCH 9, 2023 WHEREAS, California Government Code 8630 and Section 2.24.060 (A) (1) of the San Luis Obispo Municipal Code empowers the Emergency Services Director/City Manager to proclaim a local emergency if the City Council is not in session ; and WHEREAS, California Government Code 8630 (b) and Section 2.24.060 (A) (1) require that the City Council shall take action to ratify the proclamation within seven days thereafter; and WHEREAS, Governor Newsom issued an emergency proclamation on March 1, 2023, including San Luis Obispo and other counties throughout the State; and WHEREAS, conditions of disaster or extreme peril to the safety of persons and property have arisen or were imminently threatened to arise within the City of San Luis Obispo, as a result of severe weather conditions, including flooding and high winds, causing damage to public and private structures and facilities, and related local emergency impacts throughout the City, as defined by California Government Code 8558 (c) beginning on or about March 9, 2023, with escalating weather conditions anticipated through mid-March in a manner warranting the proclamation of a local emergency, commencing on or about 2:00 p.m. on the 9th day of March, 2023, at which time the City Council of the City of San Luis Obispo was not in session; and WHEREAS, the City Council does hereby find that the above described conditions of disaster or extreme peril did warrant and necessitate the proclamation of the existence of a local emergency City-wide; and WHEREAS, the City Manager acting as the Emergency Services Director did properly proclaim the existence of a local emergency within the City by approving Emergency Services Director Proclamation No. 2 (2023 Series), included as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo that the proclamation of the existence of a local emergency, as issued by the Emergency Services Director/City Manager on March 9, 2023, is hereby ratified and confirmed. Page 5 of 9 Resolution No. _____ (2023 Series) Page 2 R _______ BE IT FURTHER RESOLVED that the conditions constituting a local emergency as set forth in the Governor’s March 1, 2023 Proclamation, compounded by prior storm events beginning on or about December 27, 2023, arose on or about March 1, 2023, continued and escalated on and after March 9, 2023, and are forecast to continue in a manner warranting a local emergency proclamation, and said emergency shall be deemed to continue to exist until its termination by operation of law, if not renewed within 60 days from the date of this Resolution, or as earlier proclaimed by the City Council of the City of San Luis Obispo. Upon motion of Council Member __________, seconded by Council Member ___________, and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of ____________ 2023. ___________________________ Erica A. Stewart, Mayor ATTEST: ___________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ____________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ____________________. ___________________________ Teresa Purrington City Clerk Page 6 of 9 P-02 (2023 Series) EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 2 (2023 SERIES A PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR OF THE CITY OF SAN LUIS OBISPOM, CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, California Government Code Section 8630 empowers the San Luis Obispo City Council to proclaim the existence or threatened existence of a local emergency when the City of San Luis Obispo is affected or likely to be affected by a public calamity; and, WHEREAS, California Government Code 8630 and Section 2.24.060 A. 1 of the San Luis Obispo Municipal Code empowers the Emergency Services Director to proclaim an emergency due to the existence or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions when the City Council is not in session; and, WHEREAS, Government Code Section 8558 (c) defines such conditions to include flood, storm, hazardous materials incident, sudden and severe energy shortage, or other conditions that are or are likely to be, beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat and, WHEREAS on March 1, 2023, and March 8, 2023, Governor Newsom proclaimed a State of Emergency to exist in numerous counties across the state as a result of winter storms that struck California beginning in late February, and which, combined with the impacts of severe storms in January 2023, have continued to significantly impact those counties, including San Luis Obispo County; and WHEREAS an additional series of storms, including an atmospheric river system, are forecasted to begin significantly impacting the City of San Luis Obispo on March 9, 2023 and continue through mid-March, and the National Weather Service has issued flood watch and high wind warnings in anticipation of significant storm activity beginning on March 9, 2023, presenting a likelihood of high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, the City of San Luis Obispo has been adversely impacted by two prior waves of storms and the those impacts, combined with the currently forecasted winter storms threatens local infrastructure and public health and safety, in a manner which exceeds the capacity of the City to address with its own personnel and resources: and DocuSign Envelope ID: 53335B06-7B0D-4F40-98BA-F9491ABD939B Page 7 of 9 ESD Proclamation No. 2 (2023 Series) Page 2 P-02 (2023 Series) WHEREAS, the City Manager, as Emergency Services Director of the City of San Luis Obispo, does hereby find that: 1. The findings set forth in the Governor’s March 1 and March 8 State of Emergency Proclamations are incorporated herein by reference. 2. Conditions of disaster or extreme peril to the safety of persons and property have arisen within the City of San Luis Obispo, caused by successive waves of severe winter storms, and anticipated storm activity and impacts of another severe winter storm, beginning on March 9, 2023, including rising water levels throughout the San Luis Obispo Creek system and damage or threatened damage to City infrastructure presenting immediate peril to the health, safety and welfare of the residents and businesses of the City of San Luis Obispo and to City staff and operations commencing on or about 1:15 p.m. on this 9th day of March, 2023; and 3. Such conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City of San Luis Obispo; and 4. The City Council of the City of San Luis Obispo is not in session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED, that a local emergency now exists throughout the City; and IT IS FURTHER PROCLAIMED 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, ordinances, and resolutions of this City, and by the City of San Luis Obispo Emergency Plan. IT IS FURTHER PROCLAIMED AND ORDERED that as soon as hereafter possible, this Proclamation be filed in the Office of the City Clerk of the City of San Luis Obispo and that widespread publicity and notice be given of this Proclamation. DocuSign Envelope ID: 53335B06-7B0D-4F40-98BA-F9491ABD939B Page 8 of 9 ESD Proclamation No. 2 (2023 Series) Page 3 P-02 (2023 Series) IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist for the next seven (7) days, and hereafter by ratification of the City Council, or until its termination is proclaimed by the San Luis Obispo City Council. The foregoing Proclamation was approved this 9th day of March 2023 at 2:00 p.m. __________________________ Derek Johnson, Emergency Services Director ATTEST: Teresa Purrington, City Clerk APPROVED AS TO FORM: ______________________ J. Christine Deitrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand affixed the Official seal of the City of San Luis Obispo, California, this 9th day of March 2023 Teresa Purrington City Clerk DocuSign Envelope ID: 53335B06-7B0D-4F40-98BA-F9491ABD939B Page 9 of 9 2023 March Storm Response San Luis Creek at Broad St (3/10/23, 06:30AM) Recommendation Adopt a Draft Resolution entitled, “A Resolution of the City Council of San Luis Obispo, California confirming the Emergency Services Director’s Proclamation of the Existence of a Local Emergency on March 9, 2023”. Targeted Outreach EOC Activated: 3/10 DOC Activated: 3/9 –3/11 Marsh Street Bridge – Proactively Closed from 3/9/23 –3/11/23 3/10/23 13:00PM 3/10/23 11:00AM 3/10/23 10:25AM [Friday 9:49 AM] Nelson, Brian Culvert at LOVR Prefumo at 101 SB off- ramp to LOVR Culvert at LOVR Downtown SLO & Cal Poly Whale Rock Spilled! (Last Spill 2005/06) Gas Company (Industrial Way)Camp San Luis Rainfall Totals SLO Reservoir Weather Outlook Recommendation Adopt a Draft Resolution entitled, “A Resolution of the City Council of San Luis Obispo, California confirming the Emergency Services Director’s Proclamation of the Existence of a Local Emergency on March 9, 2023”. Financial/Banking Update •JPMC’s balance sheet is strong and their principles are designed in order to be highly diversified across industries, clients, size of customers, consumers vs institutions, et cetera, in order to withstand market fluctuations in any one sector. •Their capital ratios remain very strong.They currently have $1.4 Trillion in cash and marketable securities with $208 Billion available for sale •Their balance sheet reflects that the $208 Billion available has been marked to market –meaning that they have already taken into consideration any unrealized losses, so when they sell those assets, there will not be further losses recorded. •Their common equity tier ratio is at 13.2%, which is far ahead of both their required ratio as well as their own target ratio. •Their current loan to deposit ratio is 49%, meaning that for every $1 of loans they have $2 in deposits, which is a very conservative position in the banking industry •They continue to maintain at least the 110% collateralization required by State statute for our municipal deposits.