RESOLUTION NO. 2024- 30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY RATIFYING
THE PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY BY THE CITY
MANAGER OF THE CITY OF FOSTER CITY 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 iden tified 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 12:35 p.m.; and WHEREAS, these conditions and the needed response are or are likely to be 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), a local emergency exists 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 has provided written notification of this Proclamation and other necessary documents to the appropriate departments within San Mateo DocuSign Envelope ID: D0445212- A2E7- 46AC- 9984- 1FA54E986C1F City Resolution No. 2023- 30
County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby resolve, declare, determine, and order as follows:
1. The Proclamation of Existence of a Local Emergency executed on April 8, 2024, attached hereto as “Attachment A” is hereby ratified and approved by the City Council; and
2. In accordance with Government Code section 8630, this local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Foster City, and it shall be terminated at the earliest possible date that conditions warrant.
3. The City Council shall review this Resolution as necessary pursuant to Government Code section 8630 and Public Contract Code section 22050 until the Proclamation is terminated.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of April, 2024, by the following vote:
AYES: Councilmembers Froomin, Hindi, Jimenez, Kiesel, and Mayor Sullivan NOES: None
ABSENT: None
ABSTAIN: None
PATRICK SULLIVAN, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
DocuSign Envelope ID: D0445212- A2E7- 46AC- 9984- 1FA54E986C1F Attachment A
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY BY THE CITY
MANAGER OF THE CITY OF FOSTER CITY RELATED TO MAJOR DAMAGE TO
WATER PIPELINE
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 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, does find that conditions of disaster to persons and property within this City have been met due to the significant damage to the water pipeline that could impact water supply; and WHEREAS, these conditions and the needed response are or are likely to be 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, the City Council is not in session and cannot immediately be called into session; and
WHEREAS, this Proclamation shall be subject to confirmation by the City Council within seven days of execution; and
WHEREAS, the City will provide written notification of this Proclamation 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.
DocuSign Envelope ID: D0445212- A2E7- 46AC- 9984- 1FA54E986C1F Attachment A
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City.
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, by ordinances, and resolutions of this City, and that this emergency proclamation shall expire on April 15, 2024 unless ratified and extended by the City Council of the City of Foster City.
Dated: April 8, 2024
Stefan Chatwin, City Manager
DocuSign Envelope ID: D0445212- A2E7- 46AC- 9984- 1FA54E986C1F