ATTACHMENT B
RESOLUTION NO. 2023-08
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
CONFIRMING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Chapter 8.20.070, subdivision A. of the Merced Municipal Code ("Code") empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Merced ("City") is affected or likely to be affected by an "emergency" as defined in Chapter 8.20.010 of the Code and the City Council is not in session, subject to ratification by the City Council; and,
WHEREAS, Conditions of extreme peril to the safety of persons and property have arisen within the City, caused by extended heavy rain coupled with flooding, commencing on the Jih day of January, 2023, at which time the City Council of the City of Merced was not in session; and,
WHEREAS, The City Council hereby finds that the above conditions of extreme peril to the safety of persons and property warranted and necessitated the proclamation of the existence of a local emergency; and, WHEREAS, The Director of Emergency Services proclaimed the existence of a local emergency within the City on the 7 day of January, 2023 at 1:00 p.m., a true and correct copy of which is attached as Exhibit A.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED that
the local emergency referenced above is hereby confirmed and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Merced, State of California.
PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the _17thday of January 2023, by the following vote:
AYES: 7 Council Members: BOYLE, DEANDA, ORNELAS, PEREZ,
SERRATTO, SMITH, XIONG
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NOES:° Council Members: NONE
ABSENT: 0 Council Members: NONE
ABSTAIN: 0 Council Members: NONE
APPROVED:
matt Samitts
Mayor
CY Of MERCED
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
CALIFORNIA
By Deuanchalhedna
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
Af 110.23
City Attorney Date
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PROCLAMATION OF THE EXISTENCE
OF A LOCAL EMERGENCY
WHEREAS, Section 8.20.070, subdivision A. of the Merced 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 Director of Emergency Services of the City does hereby find that:
Conditions of extreme peril to the safety of persons and property have arisen within the City of Merced caused by flood and storm commencing on or about | p_.m. on the 7 of January, 2023.
That the City Council of the City of Merced is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED, that a local
emergency now exists throughout the City.
BE IT 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 Merced Emergency Plan.
1/7/231:00pm Stiphanie R. Aut
Date and Time Director of Emergency Services
APPROVED AS TO FORM:
1/7/23
City Attorney Date
EXHIBIT A
PROCLAMATION OF THE EXISTENCE
OF A LOCAL EMERGENCY
WHEREAS, Section 8.20.070, subdivision A. of the Merced 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, on January 7, 2023, at 1:00 p.m. the City Manager, as Director of Emergency Services of the City, issued a issued a proclamation of the existence of a local emergency ("Proclamation") due to flood and storm pursuant to section
8.20.070, subdivision A. of the Merced Municipal Code; and WHEREAS, the City Council of the City of Merced has not been called into session since the Proclamation because of the local emergency; and WHEREAS, the City Manager, as Director of Emergency Services of the City does hereby find that:
Conditions of extreme peril to the safety of persons and property continue to exist within the City of Merced caused by flood and storm commencing on or about I: 01 p.m. on the 14th of January, 2023.
That the City Council of the City of Merced is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED, that a local
emergency now exists throughout the City.
BE IT 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 Merced Emergency Plan.
1/14/2023 1:01pm stiphanu hits
Date and Time Director of Emergency Services
1 APPROVED AS TO FORM:
City Attorney Date
2 PROCLAMATION OF THE EXISTENCE
OF A LOCAL EMERGENCY
WHEREAS, Section 8.20.070, subdivision A. of the Merced 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 Director of Emergency Services of the city does hereby tind that
Conditions of extreme peril to the safety of persons and property have arisen within the City of Merced caused by flood and storm commencing on or about 1 p-m. on the 7 of January, 2023.
2. That the City Council of the City of Merced is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED, that a local
emergency now exists throughout the City.
BE IT 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 Merced Emergency Plan.
1/7/231:00pm stiphani RAnk
Date and Time Director of Emergency Services
APPROVED AS TO FORM:
1/7/23
City Attorney Date