RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
TERMINATING THE PROCLAMATION OF LOCAL EMERGENCY RELATED TO MAJOR DAMAGE TO THE CITY’S MAIN WATER PIPELINE
CITY OF FOSTER CITY
WHEREAS, Government Code section 8630 and section 2.40.070 (A) of the Municipal Code empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City (“City”) is affected or likely to be affected by an emergency, as that term is defined in Section 2.40.020 and the City Council is not in session; and
WHEREAS, the Director of Director of Emergency Services is identified in the Municipal Code as the City Manager; and
WHEREAS, the City’s main water pipeline providing potable water to the City residents and businesses sustained major damage on April 7, 2024 resulting in significant loss of water to the City; and
WHEREAS, the City Manager, acting as Director of Emergency Services, did find that conditions of disaster to persons and property within this City were met due to the significant damage to the water pipeline that could impact water supply; and WHEREAS, in response to these developments, the City Manager in his capacity as the City’s Director of Emergency Services proclaimed the existence of a local emergency on April 8, 2024 at approximately 12:15 p.m.; and WHEREAS, these conditions and the needed response were determined to be likely beyond the control of the services, personnel, equipment, and facilities of the City, requiring the use of outside contractors to conduct emergency repair pursuant to Foster City Municipal Code Chapters 2.40, 3.04 and without giving notice for bids to let the contract, pursuant to Public Contract Code 22050; and
WHEREAS, as contemplated in the Emergency Service Act contained in Government Code Section 8550 et seq., including Section 8558(c), the City Manager determined that a local emergency existed because of the existence of conditions of disaster to the safety of persons and property within the City caused by the aforesaid conditions which are beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, the City Clerk provided written notification of the Proclamation of Local Emergency and other necessary documents to the appropriate departments within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607; and
WHEREAS, on April 15, 2024, the City Council ratified the Proclamation of Local Emergency via City Resolution No. 2024-30; and
WHEREAS, the City has since repaired the main water line and the conditions that caused the emergency have been resolved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City, in accordance with Government Code section 8630, hereby terminates the Proclamation of Local Emergency ratified by the City Council on April 15, 2024 as the conditions that caused the local emergency to be declared have been resolved and no longer exist.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of May, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICK SULLIVAN, MAYOR
ATTEST:
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PRISCILLA SCHAUS, CITY CLERK