RESOLUTION NO. ______
A RESOLUT
ION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE CONFIRMING THE CITY
MANGER/DIRECTOR OF EMERGENCY SERVICES’
PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY RELATED TO THE MARCH 2023 WINTER
STORMS
WHERE
AS, Chapter 2.16 of the Sunnyvale Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected by or likely to be affected by a public calamity and the City Council is not in session; and
WHERE
AS, pursuant to California Government Code Sections 8680.9 and 8558(c), a local emergency is a condition of extreme peril to persons or property which is or is likely to be beyond the control of the services, personnel, equipment, and facilities of a local agency proclaimed as such by the affected local agency; and
WHERE
AS, the purpose of a local emergency proclamation is to provide extraordinary powers to issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, obtain vital supplies, and require emergency services of employees; and
WHEREA
S, a local emergency proclamation is a prerequisite for requesting state or federal assistance; and
WHERE
AS, on March 8, 2023, Governor Gavin Newsom declared a state of emergency in the Santa Clara County due to winter storms that struck California beginning in late February, and including a forecasted atmospheric river system, which was predicted to, and did, result in a series of storms that have continued into late March 2023; and WHERE
AS, on March 10, 2023, President Joseph Biden approved the California emergency declaration for the winter storms in California, including Santa Clara County, beginning on March 9, 2023, and continuing; and
WHERE
AS, threatened conditions of extreme peril to the safety of people and property have arisen within the City of Sunnyvale caused by:
1. The San F
rancisco Bay Area region has seen a series of storms and atmospher ic river systems that have brought high winds and extraordinarily levels of precipitation start in late December and continuing through March 2023.
2. The Mar
ch 13 - 15, 2023 atmospheric river event produced winds that reached as high as 97 miles per hour at higher elevations and gusts in the range of 40 to 50 miles per hour at DRAFT 3/30/23_______
Attachment 1
lower elevations at locations throughout Santa Clara County. This was followed by a record-setting low pressure system or "bomb cyclone" with high winds and rains March 21-22, 2023 and forecasts for rain in the following week.
3. The c
ombination of saturated soils and high winds caused numerous trees to fall and lose limbs that blocked roadways and damaged public and private property; the rainfall has also undermined a storm drain outfall into Stevens Creek and the Creek embankment, and threatens to undermine the public right-of-way on Mockingbird Lane and other infrastructure including homes along Mockingbird Lane; and these conditions are expected to continue.
WHER
EAS, the afores aid conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Sunnyvale; and WHE
REAS, the aforesaid conditions warrant and necessitate the proclamation of the existence of a local emergency in the City, effectively immediately on March 30, 2023 and addressing impacts described in this proclamation for the period beginning March 8, 2023; and WHE
REAS, the Director of Emergency Services of the City of Sunnyvale does hereby find that extraordinary measures are required to protect the public health, safety, and of persons and property within the City of Sunnyvale, that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHE
REAS, California Government Code, Title 2, Division 1, Chapter 7.5 - California Disaster Assistance Act (CDAA) allows that with the Proclamation of a Local Emergency the City may seek financial assistance and may request reimbursement of the significant expenses incurred during response, if approved by the Director of the California Office of Emergency Services or Concurrence or Governor's Proclamation; and
WHE
REAS, the City Council hereby finds that the above described conditions related to the March 2023 winter storms did warrant and necessitate the proclamation of the existence of a local emergency in Sunnyvale.
NOW, T
HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
1. The Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services/City Manager, and attached as Exhibit A to this Resolution, is hereby ratified and confirmed.
2. The l
ocal emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Sunnyvale.
3. As r
equired by law, the City Council shall review the need to continue the state of emergency every thirty (30) days until this resolution is terminated.
DRAFT 3/30/23_______
Attachment 1
Adopted by the City Council at a regular meeting held on ___________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
__________________________________ _________________________________
DAVID CARNAHAN
City Clerk
LARRY KLEIN
Mayor
(SEAL)
APPROVE
D AS TO FORM:
___________________________________
JOHN A. NAGE
L
City Attorney
DRAFT 3/30/23_______
Attachment 1
PROCLAMATION OF A LOCAL EMERGENCY
BY THE CITY OF SUNNYVALE CITY MANAGER/ EMERGENCY SERVICES DIRECTOR REGARDING THE MARCH 2023 WINTER STORMS
WHEREAS, Chapter 2.16 of the Sunnyvale Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected by or likely to be aff ected by a public calamity and the City Council is not in session; and
WHEREAS, pursuant to California Government Code Sections 8680.9 and 8558(c), a local emergency is a condition of extreme peril to persons or property which is or is likely to be beyond the control of the services, personnel, equipment, and facilities of a local agency proclaimed as such by the affected local agency; and
WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary powers to issue rules and regulations on matt ers reasonably related to the protection of life and property as aff ected by such emergency, obtain vital supplies, and require emergency services of employees; and
WHEREAS, a local emergency proclamation is a prerequisite for requesting state or federal assistance; and
WHEREAS, on March 8, 2023, Governor Gavin Newsom declared a state of emergency in the Santa Clara County due to winter storms that struck California beginning in late February, and including a forecasted atmospheric river system, which was predicted to, and did, result in a series of storms that have continued into late March 2023; and WHEREAS, threatened conditions of extreme peril to the safety of people and property have arisen within the City of Sunnyvale caused by:
1. The San Francisco Bay Area region has seen a series of storms and atmospheric river systems that have brought high winds and extraordinarily levels of precipitation start in late December and continuing through March 2023.
2. The March 13- 15, 2023 atmospheric river event produced winds that reached as high as 97 miles per hour at higher elevations and gusts in the range of 40 to 50 miles per hour at lower elevations at locations throughout Santa Clara County. This was followed by a record-sett ing low pressure system or "bomb cyclone" with high winds and rains March 21-22, 2023 and forecasts for rain in the following week.
3. The combination of saturated soils and high winds caused numerous trees to fall and lose limbs that blocked roadways and damaged public and private property; 1 EXHIBIT A
DRAFT 3/30/23_______
Attachment 1
the rainfall has also undermined a storm drain outfall into Stevens Creek and the Creek embankment, and threatens to undermine the public right-of-way on Mockingbird Lane; and these conditions are expected to continue.
WHEREAS, the aforesaid conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Sunnyvale; and WHEREAS, the aforesaid conditions warrant and necessitate the proclamation of the existence of a local emergency in the City, effectively immediately on March 30, 2023 and addressing impacts described in this proclamation for the period beginning March 8, 2023; and WHEREAS, the Director of Emergency Services of the City of Sunnyvale does hereby find that extraordinary measures are required to protect the public health, safety, and of persons and property within the City of Sunnyvale, that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, California Government Code, Title 2, Division 1, Chapter 7.5 - California Disaster Assistance Act (CDAA) allows that with the Proclamation of a Local Emergency the City may seek financial assistance and may request reimbursement of the significant expenses incurred during response, if approved by the Director of the California Off ice of Emergency Services or Concurrence or Governor's Proclamation; and WHEREAS, the City Council is not in session and cannot be immediately called into session;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of Sunnyvale due to the March 2023 winter storms; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of the local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, by the Charter, by ordinances and resolutions of this City, and by the City of Sunnyvale Emergency Plan, as approved by the City Council; and
IT IS FURTHER PROCLAIMED AND ORDERED that this emergency proclamation shall expire in 7 days aft er issuance unless confirmed and ratified by the City Council of the City of Sunnyvale.
Date: March 30, 2023
C ,3 g 6. ,, % a. =ty"
Director of Emergency Services/City Manager
2 DRAFT 3/30/23_______
Attachment 1