HomeMy WebLinkAboutReso 13-23 Local Emergency Proclamation (Council) 2023 Winter Storms (003)RESOLUTION NO. 13-23
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 MARCH 2O23 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 March
1, 2023 the Governor of the State of California issued a "Proclamation of a State of Emergency"
("Governor's Proclamation") to exist in multiple California counties, including San Luis Obispo
County, to support disaster response and relief related to severe winter storms that struck
California in late February, bringing damaging winds, and historic precipitation, and that it was
forecasted that additional storms would continue to threaten counties across California, bringing
strong winds, above normal precipitation, and unusually cold temperatures. 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 part, as follows:
A. (i) All agencies of the state government 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; (ii) 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;
B. The Governor's Proclamation conclusively found that (1) 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
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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, 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 9:00
a.m. on March 10, 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 and flooding; 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 March 10, 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
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
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the proclamation on March 10, 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 March 2023 winter storm surge, ratify the proclamation
of the Director of Emergency Services made on March 10, 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 March 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 March 10, 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 March
10, 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
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
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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 special meeting thereof held on the 15th day of March 2023 by the following vote:
AYES:
Wixom, Barton, Edwards, Ford
NOES:
None
ABSENT:
Landrum
ABSTAIN:
None
RECUSED:
None
CA WIXOM, Mayor
ATTEST:
ZAAASWANSON, City Clerk
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