HomeMy WebLinkAboutReso 05-23 Local Emergency Proclamation (Council) 2023 Winter Storms (003)RESOLUTION NO. 05-23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
PROCLAIMING AND AFFIRMING THE EXISTENCE OF A
LOCAL EMERGENCY, AND CONFIRMING AND RATIFYING
PROCLAMATION BY CITY'S DIRECTOR OF EMERGENCY
SERVICES OF EXISTENCE OF A LOCAL EMERGENCY, IN
RESPONSE TO 2023 WINTER STORM SURGE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the California Emergency Services Act, Government Code sections 8550 et
seq., including sections 8558(c) and 8630, authorize the proclamation of a local emergency, when
conditions of a disaster or extreme peril to the safety of persons and property exist within the
territorial limits of a city; and
WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January
4, 2023 the Governor of the State of California issued a "Proclamation of a State of Emergency"
("Governor's Proclamation") relating to severe winter storms and a series of atmospheric river
systems that struck California, bringing high winds, substantial precipitation, and river, stream and
urban flooding. The Governor's Proclamation declared that conditions of extreme peril to the
safety of persons and property exist due to these storms, ordering and finding in relevant part as
follows:
A. (1) All agencies of the state government to utilize and employ state personnel,
equipment, and facilities for the performance of any and all activities consistent with the
direction of the Office of Emergency Services and the State Emergency Plan. Also, all
residents are to obey the direction of emergency officials with regard to this emergency
in order to protect their safety; (11) The Office of Emergency Services shall provide
assistance to local governments, if appropriate, under the authority of the California
Disaster Assistance Act, Government Code section 8680 et seq., and California Code
of Regulations, Title 19, section 2900 et seq.; (iii) As necessary to assist local
governments and for the protection of public health and the environment, State
agencies shall enter into contracts to arrange for the procurement of materials, goods,
and services necessary to quickly assist with the response to and recovery from the
impacts of these storms. Applicable provisions of the Government Code and the Public
Contract Code, including but not limited to travel, advertising, and competitive bidding
requirements, are suspended to the extent necessary to address the effects of these
storms; (iv) The California Department of Transportation shall formally request
immediate assistance through the Federal Highway Administration's Emergency Relief
Program, United States Code, Title 23, section 125, in order to obtain federal
assistance for highway repairs or reconstruction; (v) The California National Guard may
be mobilized under Military and Veterans Code section 146 to support disaster
response and relief efforts, as directed by the Office of Emergency Services, and to
coordinate with all relevant state agencies and state and local emergency responders
and law enforcement within the impacted areas. Sections 147 and 188 of the Military
and Veterans Code are applicable during the period of participation in this mission,
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exempting the California Military Department from applicable procurement rules for
specified emergency purchases, and those rules are hereby suspended; (vi) Any state-
owned properties the Office of Emergency Services determines suitable for staging of
debris as a result of these storms shall be made available to the Office of Emergency
Services for this purpose in accordance with Government Code section 8570;
(vii) Drivers may exceed the hours -of -service limits specified in California Vehicle Code
section 34501.2 and California Code of Regulations, Title 13, section 1212.5 while
operating a vehicle engaged in fuel transportation in support of emergency relief efforts,
subject to the following conditions: a. Motor carriers or drivers currently subject to an
out -of -service order are eligible for the exemption once the out -of -service order expires
or when they have met the conditions for its rescission. b. In accordance with Section
1214, Title 13, California Code of Regulations, no motor carrier operating under the
terms of this Proclamation will require or allow an ill or fatigued driver to operate a motor
vehicle. A driver who notifies a motor vehicle carrier that they need immediate rest shall
begiven at least ten consecutive hours off -duty before being required to return to
service. c. Drivers shall maintain a driver's record of duty status, regardless of number
of hours worked each day. These records shall be prepared, submitted, and maintained
as required by Section 1213, Title 13, California Code of Regulations; (viii) Consistent
with Parts 390 and 395, Title 49, Code of Federal Regulations, drivers may exceed the
hours -of -service limits specified while operating a vehicle engaged in fuel transportation
in support of emergency relief efforts. These waivers shall be in effect for the duration
of the driver's direct assistance in providing emergency relief, or thirty (30) days from
the date of this Proclamation, whichever is less; and (ix) In order to allow out-of-state
contractors and other utilities driving their own vehicles to provide mutual aid assistance
for the restoration of electrical power within the counties impacted by these storms,
applicable provisions of the Vehicle Code including, but not limited to, Vehicle Code
section 34620 requiring a motor carrier permit [licensing] and imposition of certain fees,
are suspended for motor carriers providing such assistance. Also, the requirements for
motor carriers and drivers in Vehicle Code sections 1808.1 [pull -notice program that
checks for driver's license violations], 27900 [display name on vehicle], 27901 [size and
color of display name on vehicle], 34505.5 [requirement to have been inspected within
90 days], and 34501.12 [requirement to set up home base in California] are suspended
while providing mutual aid assistance for the emergency restoration of services.
B. The Governor's Proclamation conclusively found that (i) the conditions caused by these
storms, by reason of their magnitude, are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of any single local government and
require the combined forces of a mutual aid region or regions to appropriately respond;
(ii) local authority is inadequate to cope with the magnitude of the damage caused by
these storms pursuant to the provisions of Government Code section 8625(c ); and
(iii) under the provisions of Government Code section 8571, strict compliance with
various statutes and regulations specified in his Proclamation would prevent, hinder, or
delay the mitigation of the effects of these storms.
C. The recitals and findings of the Governor's Proclamation are referenced and
incorporated herein as though set forth in full and are hereby adopted as the recitals
and findings of this Resolution; and
WHEREAS, in preparation for the forecasted storms, multiple California Conservation
Corps flood fight crews, fire swift water rescue, and urban search and rescue teams have been
strategically pre -positioned for emergency response; sandbags have been made available
01181.0001/849681.3
throughout the State; and shelters are opening for displaced individuals; and
WHEREAS, these storms have already forced closures and caused damage to highways
and roads, as well as caused levee and culvert failures, and mandatory evacuations in severely
impacted counties, and such impacts will likely continue to be caused by the ongoing and
forecasted storm surge. The storms threatened, and continue to imminently threaten, critical
infrastructure including utilities and thoroughfares, movement of resources, runoff in burn scars
from recent wildfires potentially causing mud and debris flows, power outages to thousands of
households and businesses, river, and urban flooding due to excessive and prolonged rainfall;
and
WHEREAS, Government Code section 8558(c) defines "local emergency" conditions to
include flood, storm, hazardous materials incident, sudden and severe energy shortage, or other
conditions that are or are likely to be, beyond the control of the services, personnel, equipment
and facilities of this City, requiring the combined forces of other political subdivisions to combat;
and
WHEREAS, due to the series of atmospheric river systems continuously impacting
counties throughout the State, counties and local governments have not had time to mitigate the
cascading impacts of these storms resulting in the above -described damages already being
incurred throughout the State; and
WHEREAS, the City of Morro Bay has specifically been, and is under continued threat to
be, adversely impacted by the above -referenced winter storms in a manner that threatens local
infrastructure and public health and safety, and which exceeds the capacity of the City to address
with its own personnel, resources, or in a timely manner to protect life and property, particularly if
bound by strict compliance with various statutes and regulations. Commencing on or about 8:00
a.m. on January 9, 2023 conditions of disaster or extreme peril to the safety of persons and
property within the City have already included rising water levels throughout the San Luis Obispo
Creek system, flooding, major street and highway closures; and damage or threatened damage
to City infrastructure presenting imminent peril to the health, safety and welfare of City residents
and businesses and to City staff and operations; and
WHEREAS, the Morro Bay Municipal ("MBMC") Code appoints the City Manager as the
Director of Emergency Services and MBMC Code section 8.08.060(A)(1) empowers the Director
to issue an emergency proclamation if the City Council is not in session; and
WHEREAS, after consideration of all facts reasonably available presently then for review
and all items, on January 9, 2023 the City's Director of Emergency Services declared a local
emergency, and thereby activated the Emergency Operations Center; and
WHEREAS, pursuant to Government Code section 8630 and MBMC section 8.08.060, a
local emergency declared by the Director of Emergency Services shall not remain in effect for a
period in excess of seven (7) days unless it has been ratified by the City Council; and
WHEREAS, the health, safety and welfare of City residents, businesses, visitors and staff
are of utmost importance to the City and additional future measures may be needed to protect
the community. The mobilization of local resources, ability to coordinate interagency response,
accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by
the state and federal governments will be critical to successfully responding to the present storm -
related state of emergency. The City may require additional assistance in the future, and
01181.0001/849681.3
proclamation of local emergency allows additional resources to flow to the City in a timely manner;
and
WHEREAS, the Director of Emergency Services requests that the City Council of the City
of Morro Bay proclaim and affirm the existence of a local emergency throughout the City and ratify
the proclamation on January 9, 2023 by the Director of Emergency Services of the existence of a
state of local emergency; and
WHEREAS, after consideration of all facts reasonably available for review and all items,
the City Council of the City of Morro Bay now desires to proclaim and affirm the existence of a
state of emergency throughout the City to make additional resources available to address the
disaster impacts of the above -described 2023 winter storm surge, ratify the proclamation of the
Director of Emergency Services made on January 9, 2023, and affirm the existence of a state of
local emergency for the City of Morro Bay.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. Recitals. The City Council hereby finds and believes that the above recitals are true and
correct and incorporate them herein by this reference.
2. Proclamation of Local Emergency. The actual existence of conditions of extreme peril
to the safety of persons and property have arisen within the City of Morro Bay, caused by
the effects of the above -described 2023 winter storm surge. The City Council, based upon
the foregoing, now does proclaim, declare, and affirm the existence of a local emergency
throughout the City.
3. Ratification. The aforementioned conditions of extreme peril warranted and necessitated
the proclamation of the existence of a local emergency throughout the City of Morro Bay
by the City's Director of Emergency Services on January 9, 2023. The City Council of the
City of Morro Bay does hereby ratify and affirm the proclamation of a local emergency
throughout the City of Morro Bay by the City's Director of Emergency Services on January
9, 2023 (attached hereto and incorporated herein by reference).
4. Authority. During the existence of said local emergency, the powers, authority, functions
and duties of the Director of Emergency Services and the City's emergency services
organizations shall be those prescribed by state law, all applicable law, City ordinances,
resolutions, and approved plans of the City in order to mitigate the effects of said local
emergency. In this regard, the Council desires to make clear the powers, functions, and
duties of the Emergency Services Director include, but are not limited to, the authority
provided for in Chapter 8.08 (Emergency Services Organization) of the MBMC, which
provides, in part, the authority of the Emergency Services Director to both make and issue
rules and regulations on matters reasonably related to the protection of life and property
as affected by such emergency (MBMC § 8.08.060(A)(6)(a)), as well as to obtain vital
supplies, equipment, and such other properties found lacking and needed for the
protection of life and property and to bind the City for the fair value thereof and, if required
immediately, to commandeer the same for public use (MBMC § 8.08.060(A)(6)(b)).
5. Duration. The City Council shall review the need for continuing the local emergency at
least once every 60 days until the governing body terminates the local emergency. The
City Council shall proclaim the termination of the local emergency at the earliest possible
01181.0001/849681.3
date that conditions warrant. (Government Code § 8630.)
6. Severability. If any subsection, sentence, clause, phrase, or word of this Resolution or
any application of it to any person, structure, gathering, or circumstance is held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, then such
decision will not affect the validity of the remaining portions or applications of this
Resolution.
7. Effective Date of Resolution. This Resolution shall be effective immediately upon
passage and adoption. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
8. Publication. This Resolution and its contents will be published and promulgated in as
widespread a manner as is reasonably feasible under the conditions prevailing during this
local emergency.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay,
California, at a regular meeting thereof held on the 1011 day of January 2023 by the following vote:
AYES: Wixom, Barton, Edwards, Ford, Landrum
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None t
1 n°�
CATZLA WIXOM, Mayor
ATTEST:
DKK9 SWAN ON, City Clerk
01181.0001/849681.3
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, California Government Code Section 8630 empowers the Morro
Bay City Council to proclaim the existence or threatened existence of a local emergency
when the City of Morro Bay is affected or likely to be affected by a public calamity; and,
WHEREAS, In Morro Bay Municipal Code ("MBMC") § 8.08.050(A) appoints the
City Manager as the Director of Emergency Services ("Director") when the City is affected
or likely to be affected by a public calamity; and
WHEREAS, MBMC § 8.08.060(A)(1) empowers the Director to proclaim the
existence or threatened existence of a local emergency if the City Council is not in
session; and
WHEREAS, Government Code Section 8558 (c) defines such conditions to
include flood, storm, hazardous materials incident, sudden and severe energy shortage,
or other conditions that are or are likely to be, beyond the control of the services,
personnel, equipment and facilities of this city, requiring the combined forces of other
political subdivisions to combat; and
WHEREAS, on January 4, 2023 the Governor of the State of California issued a
Proclamation of a State of Emergency related to severe winter storms and a series of
atmospheric river systems that struck California, bringing high winds, substantial
precipitation, and river, stream and urban flooding, the recitals and findings of which are
referenced and incorporated herein as though set forth in full and are hereby adopted
as the recitals and findings of the Emergency Services Director; and
WHEREAS, the City of Morro Bay has been adversely impacted by the above -
referenced winter storms in a manner that threatens local infrastructure and public
health and safety, and which exceeds the capacity of the City to address with its own
personnel and resources; and
WHEREAS, the City Manager, as Emergency Services Director of the City of
Morro Bay, does hereby find that:
• Conditions of disaster or extreme peril to the safety of persons and property
have arisen within the City of Morro Bay, caused by severe winter storms,
rising water levels along Morro Creek and throughout other areas of the city
and damage or threatened damage to City infrastructure presenting
immediate peril to the health, safety and welfare of the residents and
businesses of the City of Morro Bay and to City staff and operations
commencing on or about 8:00 a.m. on the 9th day of January, 2023; and
1, Such conditions are, or are likely to be, beyond the control of the services,
personnel, equipment, and facilities of the City of Morro Bay; and
2. The City Council of the City of Morro Bay 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; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said local emergency the powers, functions, and duties of the emergency organization
of this City shall be those prescribed by state law, ordinances, and resolutions of this
City, and by the City of Morro Bay Emergency Plan.
IT IS FURTHER PROCLAIMED AND ORDERED that as soon as hereafter
possible, this Proclamation be filed in the Office of the City Clerk of the City of Morro
Bay and that widespread publicity and notice be given of this Proclamation.
IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall
be deemed to continue to exist for the next seven (7) days, and hereafter by ratification
of the City Council, or until its termination is proclaimed by the Morro Bay City Council.
The foregoing Proclamation was approved this 9th day of January 2023 at 1:30
IN O&A
4�
Scott Collins (Jan 9, 202314:02 PS
Scott Collins,
Emergency Services Director
ATTEST:
Dana Swanson, City Clerk
APPROVED AS TO FORM:
Chair T Nnaweoel-
Chris F. Neumeyer (Jan 9, 2023 t7(,,04 PST)
Chris F. Neurneyer,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand affixed the Official seal of the
City of Morro Bay, California, this 9(h day of January 2023
t)&nAl Sc AA401-tl
Dana Swanson,
City Clerk