CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/27/2023
1 SUBJECT:
Ratification of Proclamation of Local Emergency related to March 2023 Storm Events RECOMMENDED ACTION:
Adopt a Resolution ratifying the Proclamation of Local Emergency related to March 2023 Storm Events by the City Manager acting as Director of Emergency Services issued on March 23, 2023.
STAFF CONTACT:
Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND / DISCUSSION:
On March 23, 2023, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency" ("Proclamation").
The storm event that occurred on March 8, 9, 13, 14, 15, 19 and 21, 2023 resulted in dangerous conditions and public safety concerns and caused damages all around the Bay Area. The events brought intense rainfall and high winds and wind gusts. The events required flood management; clearing of inlets and drainage swales; and removal of downed trees, branches and hanging limbs.
Public Works, Fire, Police Departments, and other essential services staff have been working diligently through the storm events to keep the public safe.
On January 3, 2023, San Mateo County Board of Supervisors declared a state of emergency and activated the County's Emergency Operations Center (EOC) to coordinate resources and communication with local, regional, and state agencies.
On March 14, 2023, California Governor Newsom expanded the previous storm state of emergency to cover the March storm events.
The County also advised that a local State of Emergency Proclamation would need to be made by impacted cities.
The Council's approval of this item will ratify the Proclamation of Local Emergency related to March 2023 Storm Events by the City Manager issued on March 23, 2023.
FISCAL IMPACT:
To be determined. The Proclamation of Local Emergency is a prerequisite for requesting state or federal assistance. The City will seek to recover expenses related to preparation, repair, and recovery from this storm event.
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ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
ATTACHMENT A - Proclamation of a Local Emergency Related to the MAR 2023 Storm Events (PDF)
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RESOLUTION NO. __-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 MARCH 2023 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 damaging wind storms, occurring on March 8, 9, 13, 14, 15, 19 and 21, 2023, 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 events, including flooding and wind storms, threaten the health and safety of persons and properties, including critical public infrastructure, due to the risk of flooding and damaging winds requiring 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 March 23, 2023, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency in the City of Pacifica after determining that wet weather conditions are likely to create conditions of disaster or Pacifica City Council 4
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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; and 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 days of the proclamation of local emergency.
NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of a 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 27th day of March, 2023, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney Pacifica City Council 5
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Attachment A