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RESOLUTION NO. 2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
RATIFYING THE DIRECTOR OF EMERGENCY SERVICES PROCLAMATION OF
EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Section 2.36.060 of the Patterson Municipal Code empowers the City of Patterson (the “City”) Director of Emergency Services to proclaim the existence or threatened existence of a local emergency in the City if the City Council is not in session, subject to ratification by the City Council within seven (7) days; and WHEREAS, the Director of Emergency Services proclaimed a local State of Emergency to exist on January 17, 2023, as those conditions specified in Section
2.36.020 were present; and
WHEREAS, California Government Code section 8630(b) requires the City Council to ratify said declaration within seven (7) days; and WHEREAS, Section 2.36.060 of the Patterson Municipal Code authorizes the Director of Emergency Services to order and enforce certain emergency rules and regulations; and
WHEREAS, the City Council of the City of Patterson does hereby find that:
1. Beginning on or about December 27, 2022, winter storms related to an atmospheric river system struck the City of Patterson bringing damaging winds, substantial precipitation, flooding, soil erosion, and a substantial risk of damage to public and private property, including critical infrastructure and facilities, and this system continues to impact the City; and
2. Weather conditions contributing to increased risk of flooding are forecasted to persist through the forecast period; and
3. That existing and anticipated conditions are beyond the resources of the City; and
4. That the conditions caused by winter storms in the City, by reason of their magnitude, have created or will create extreme peril to the safety of persons and property, will impact significant City and community operations, including critical public infrastructure and services, and will require the provision of additional public safety and emergency services beyond the immediate capabilities of local resources, services, personnel, equipment, and facilities; and
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5. On January 4, 2023, the Governor of the State of California proclaimed a state of emergency throughout the State of California to support the ongoing response to these winter storms; and
6. On January 9, 2023, the Stanislaus County Office of Emergency Services declared a state of emergency in Stanislaus County (the “County”) and recommended that cities within the County adopt their own respective emergency declarations or proclamations to ensure the availability state and federal funding, and not rely solely on the County’s declaration; and
7. On January 9, 2023, the President of the United States approved an emergency declaration for the State of California in response to the winter storms, which authorizes the Federal Emergency Management Agency (FEMA) to coordinate disaster relief efforts and mobilize emergency resources; and
8. The City Council of the City of Patterson was not in session at the time of issuance of the proclamation and could not immediately be called into session, and circumstances were present at the time, pursuant to which the Director of Emergency Services was authorized to make the proclamation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PATTERSON AS FOLLOWS:
1. That the City Council does hereby ratify the Director of Emergency Services’ proclamation attached hereto as Exhibit A and find that the aforesaid conditions of extreme peril warrant and necessitate the proclamation of a local emergency in the City of Patterson; and
2. That during the existence of said local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, Patterson Municipal Code, and by ordinance and resolutions of the City of Patterson approved by the City Council; and
3. The City of Patterson may request any available funding from the California Disaster Assistance Act, the Small Business Administration, or any other funding available as a result of this proclamation of local emergency; and
4. The City will cooperate fully with other government agencies, including the State of California and Stanislaus County, for the duration of the local emergency; and
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5. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PATTERSON ON THE 17th DAY OF JANUARY 2023, BY THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
EXCUSED:
APPROVED:
____________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
______________________________
Aracely Alegre
City Clerk of the City of Patterson
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I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special meeting held on the 17 th day of January 2023, and I further certify
that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
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City Clerk of the City of Patterson