RESOLUTION NO. 01-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA RATIFYING THE
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO THE
DECEMBER /JANUARY WINTER STORM EVENTS
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code ("PMC") designates the City Manager as the Director of Emergency Services; and WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the said City is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the "actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat"; and WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Pacifica caused by recent wet weather events, including flooding and storms, occurring on December 31, 2022, and January 4, 2023, with rainy weather and high wind is predicted to continue in the coming days, at which time the City Council of the City of Pacifica was not in session: and
WHEREAS, the City Manager has determined that wet weather conditions threaten the health and safety of persons and properties, including critical public infrastructure, due to the risk of flooding and require immediate attention and repair and, as such, constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and
WHEREAS, such conditions are beyond the handling capability of the City's services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let the contract, pursuant to Public Contract Code 22050; and WHEREAS, on January 4, 2023, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency in the City of Pacifica RESOLUTION NO. 01-2023
after determining that wet weather conditions are likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and such proclamation is attached hereto as Attachment A.
WHEREAS, in accordance with Government Code section 8630 and PMC section 4-
2.05(a), the City Council must take action to confirm the proclamation within 7 and in accordance with Public Contract Code section 22050, which requires confirmation by 2/3 of Council within 14 days of the emergency action.
NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment "A," is hereby ratified and approved by the City of Pacifica City Council.
BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.
BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council.
•
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the gi day of January, 2023, by the following vote:
AYES, Councilmembers: Bier, Beckmeyer, Bigstyck, Boles, Vaterlaus.
NOES, Councilmembers: nla
ABSENT, Councilmembers: na
ABSTAIN, Councilmembers: na
Lygaza 7. Bigstyck
Tygarjas Towyrls Bigstyck Mayor
ATTEST: APPROVED AS TO FORM:
Schleten
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney RESOLUTION NO. 01-2023
Attachment A
OUr PACIFI MAYOR
CITY OF PACIFICA Tygarjas
540 Crespi Drive • Pacifica, California 94044-3422 Bigstyck www.cityofpacifica.org MAYOR PRO
TEM
Sue Vaterlaus
COUNCIL
Scenic Pacifical
Sue Beckmeyer
Incorporated Nov. 22, 1957 Mary Bier
Christine Boles
PROCLAMATION OF A LOCAL EMERGENCY
RELATED TO THE DECEMBER/JANUARY
WINTER STORM EVENTS
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and
WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica, does hereby find that:
1. Conditions of extreme peril to the safety of persons and property have arisen within the City of Pacifica caused by the recent extreme wet weather events, including flooding and storms, occurring on December 31, 2022, and January 4, 2023, with rainy weather and high wind predicted to continue in the coming days
2. That the City Council of the City of Pacifica is not in session and cannot immediately be called into session.
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA's Regional and Headquarters offices of a proclamation of local emergency; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.
NOW, THEREFORE, BE IT PROCLAIMED that a local emergency now exists throughout the City of Pacifica.
BE IT FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City of Pacifica shall be those prescribed by state law, Ordinances, and Resolutions of the City of Pacifica.
DATED: January 4, 2023
By:
Kevin Woodhouse
Director of Emergency Services
PROCLAMATION OF A LOCAL EMERGENCY|
RELATED TO THE DEC JAN WINTER STORM
EVENTS
Final Audit Report 2023-01-05
Created: 2023-01-05
By: Jennie Kenway ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAzA8rAMIQM9z|8w6B6Qxn1UUEUdgCEMf4 "PROCLAMATION OF A LOCAL EMERGENCY RELATED TO
THE DEC JAN WINTER STORM EVENTS" History
& Document created by Jennie Kenway ([email protected]) 2023-01-05 - 0:36:07 AM GMT
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Oo Signer [email protected] entered name at signing as Kevin Woodhouse 2023-01-05 - 0:40:40 AM GMT
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