RESOLUTION NO. 23-01
Resolution Of The City Council Of The City Of Emeryville Confirming The Director Of Emergency Services’ Proclamation Of Existence Of A Local Emergency WHEREAS, section 4-2.08(a)(1) of the Emeryville Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Emeryville, caused by a storm series that began on December 31, 2022, and continued into January 2023, causing damage and expense to the City, and at which time the City Council was not in session; and
WHEREAS, the Director of Emergency Services of the City of Emeryville did proclaim the existence of a local emergency within the City on January 9, 2023; and WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; therefore, be
RESOLVED, that the Proclamation of Existence of a Local Emergency, as issued by said Director of Emergency Services, is hereby ratified and confirmed by the City Council of the City of Emeryville; and be it, further
RESOLVED, that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Emeryville, State of California.
DocuSign Envelope ID: 92F4CEFC-D15A-49AC-A824-B11ED104D1EA Resolution No. 23-01
Confirmation of Proclamation of Local Emergency
City Council Meeting | January 17, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, January 17, 2023, by the following vote:
AYES: 4
Mayor Bauters, Vice Mayor Welch and Council Members Mourra and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 92F4CEFC-D15A-49AC-A824-B11ED104D1EA Proclamation
EMERGENCY PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY BY
DIRECTOR OF EMERGENCY SERVICES
WHEREAS, Emeryville Municipal Code section 4-1.01 and California Government Code section 8558 define “emergency” and ”local emergency” respectively as the “existence of conditions of disaster or of extreme peril to the safety of persons and property” within specified territorial limits, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities” of a particular subdivision such as the City of Emeryville, and which require “the combined forces of other political subdivisions to combat…” Such conditions are referred to herein as a “Local Emergency”; and
WHEREAS, section 4-2.08 (a)(1) of the Emeryville Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a Local Emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, the City Manager as the Director of Emergency Services (“Director”) hereby finds:
1. That conditions of extreme peril were presented by a series of severe winter storms that began on December 31, 2022, and continued into January 2023, causing damage and expense to the City; and
2. On January 4, 2023, the Governor of California proclaimed that a state of emergency exists in California as a result of these storms and the ongoing response which, among other things, authorizes the mobilization of the California National Guard to support disaster response in order to keep the public safe; and
3. On January 6, 2023, the Director of Emergency Services for Alameda County proclaimed a local emergency in Alameda County; and
4. Locally available resources are inadequate to cope with the actual or threatened conditions, disaster, or extreme peril that may result from this emergency because, by reason of its magnitude, it is beyond the control of the services, personnel, equipment, and facilities of the City of Emeryville, and will require the combined forces for mutual aid regions to combat and these conditions satisfy the circumstances described in Government Code section 8558 and Emeryville Municipal Code section 4-2.01; and
5. These actual or threatened conditions of disaster or extreme peril necessitate the proclamation of an emergency to enable the City of Emeryville and other government entities to adequately plan, prepare and respond to the threat; and DocuSign Envelope ID: 0DF32D02-972F-431C-9A7B-B2F63CC67EB1 DocuSign Envelope ID: 92F4CEFC-D15A-49AC-A824-B11ED104D1EA
6. At the time of issuance of the Proclamation, the Emeryville City Council is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED:
1. A Local Emergency now exists throughout the City of Emeryville; and
2. During the existence of the Local Emergency, the powers, functions, and duties of the Director and City of Emeryville’s emergency organization shall be those prescribed by state law, and the City of Emeryville’s ordinances and resolutions; and
3. The Director is hereby empowered to take any actions authorized by Emeryville Municipal Code section 4-2.08 upon proclamation of this state of Local Emergency.
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said Local Emergency, the powers, function of duties of the Emergency Organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this City, and that this emergency proclamation shall expire seven (7) days after issuance unless confirmed and ratified by the governing body of the City of Emeryville.
Dated: _________________ By: ______________________________________ Director of Emergency Services
ATTEST:
______________________
City Clerk
DocuSign Envelope ID: 0DF32D02-972F-431C-9A7B-B2F63CC67EB1 01/09/2023
DocuSign Envelope ID: 92F4CEFC-D15A-49AC-A824-B11ED104D1EA