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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. DocuSign Envelope ID: 53335B06-7B0D-4F40-98BA-F9491ABD939BDocuSign Envelope ID: 51E9E991-8D0D-418F-835E-14894E9B2C89 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