HomeMy WebLinkAboutR-11382 confirming Emergency Services Director Proclamation No. 1 (2023 Series) declaring the existence of a Local EmergencyR 11382
RESOLUTION NO. 11382 (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
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)
requires that the City Council shall take action to ratify the proclamation within seven days
thereafter; and
WHEREAS, conditions of disaster or extreme peril to the safety of persons and
property have arisen 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 December 27,
2022, and escalating in a manner warranting the proclamation of a local emergency,
commencing on or about 10:38 a.m. on the 9th day of January, 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. 1 (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 existence of a local emergency, as issued by the
Emergency Services Director/City Manager on January 9, 2023, is hereby ratified and
confirmed.
DocuSign Envelope ID: 49AF91D6-8697-463D-B968-7BED22C118B6
Resolution No. 11382 (2023 Series) Page 2
R 11382
BE IT FURTHER RESOLVED that the conditions constituting a local emergency
emerged on or about December 27, 2022 and continued and escalated in a manner
warranting a local emergency proclamation, and shall be deemed to continue to exist until
its termination is proclaimed by the City Council of the City of San Luis Obispo.
Upon motion of Council Member Shoresman, seconded by Council Member Pease,
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 10th day of January 2023.
___________________________
Mayor Erica A. Stewart
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: 49AF91D6-8697-463D-B968-7BED22C118B6
1/12/2023 | 10:45 AM PST
DocuSign Envelope ID: 67C2BDB9-C164-485D-99C 1-DB 1 FF1 AA685D
EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 1 (2023 SERIES)
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 January 4, 2023 the Governor of the State of California issued a
Proclamation of a State of Emergency related to severe winter storms and a series of
atmospheric river systems that struck California, bringing high winds, substantial
precipitation, and river, stream and urban flooding, the recitals and findings of which are
referenced and incorporated herein as though set forth in full and are hereby adopted
as the recitals and findings of the Emergency Services Director; and
WHEREAS, the City of San Luis Obispo has been adversely impacted by those
winter storms in a manner that threatens local infrastructure and public health and
safety, and which exceeds the capacity of the City to address with its own personnel
and resources; and
WHEREAS, the City Manager, as Emergency Services Director of the City of
San Luis Obispo, does hereby find that:
•Conditions of disaster or extreme peril to the safety of persons and property
have arisen within the City of San Luis Obispo, caused by severe winter
storms, 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 8:00 a.m. on the 9th day of January, 2023; and
1.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
EXHIBIT A
DocuSign Envelope ID: 49AF91D6-8697-463D-B968-7BED22C118B6
2. The City Council of the City of San Luis Obispo is not in session and
cannot be immediately called into 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.
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 January 2023 at 8:00
AM.
Derek Johnson,
Emergency Services DirectorATTEST:
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 January 2023
Teresa Purrington
City Clerk
DocuSign Envelope ID: 49AF91D6-8697-463D-B968-7BED22C118B6