HomeMy WebLinkAboutR-11400 confirming the Emergency Services Director’s Proclamation No. 2 (2023 Series) proclaiming the Existence of a Local Emergency on March 9, 2023R 11400
RESOLUTION NO. 11400 (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.
DocuSign Envelope ID: 51E9E991-8D0D-418F-835E-14894E9B2C89
Resolution No. 11400 (2023 Series) Page 2
R 11400
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 Francis, seconded by Vice Mayor Marx, and on the
following vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 13th day of March 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
DocuSign Envelope ID: 51E9E991-8D0D-418F-835E-14894E9B2C89
3/15/2023 | 8:15 AM PDT
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-F9491ABD939BDocuSign Envelope ID: 51E9E991-8D0D-418F-835E-14894E9B2C89
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.
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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-F9491ABD939BDocuSign Envelope ID: 51E9E991-8D0D-418F-835E-14894E9B2C89