RESOLUTION NO. 19-2020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AT THE
ANZA PUMP STATION AT THE PACIFICA STATE BEACH
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WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designate 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 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, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a report regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated the report, it was determined that the storm drain pumping system was damaged during the fire and that the engine and the motors would need to be replaced; and
WHEREAS, the damage to this pump station threatens the safety of persons and properties within the watershed due to the risk of flooding that can occur without an operational pump station; and WHEREAS, the City Manager has determined that the damaged pump station threatens the health and safety of persons and properties, including critical public infrastructure due to the risk of flooding and requires 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 contract, ATTACHMENT 1
pursuant to Public Contract Code 22050; and
WHEREAS, on April 8, 2020, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the Anza Pump Station is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; 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 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 13th day of April 2020, by the following vote:
AYES, Councilmembers: Martin, Beckmeyer, Vaterlaus, Bier, O’Neill NOES, Councilmembers: None.
ABSENT, Councilmembers: None.
ABSTAIN, Councilmembers: None.
CITY OF PACIFICA
Deirdre Martin, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney
PROCLAMATION OF LOCAL EMERGENCY
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; and WHEREAS, on Monday, March 16, 2020, the Department of Public Works received a call regarding a fire at the Anza Pump Station at the Pacifica State Beach; and WHEREAS, after Public Works staff investigated, and determined that the storm drain pumping system was damaged during the fire; and
WHEREAS, the damage to the pump system threatens the safety of persons and property, including critical public infrastructure; and
WHEREAS, such conditions are or are likely to be beyond the handling capabilities of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair; and
WHEREAS, the City provides this written notification to the San Mateo County and State CalEMA’s Regional and Headquarter 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, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency for the Anza Pump Station.
DATED: April 8, 2020
By:_____________________________
Kevin Woodhouse
Director of Emergency Services
Attachment 1