HomeMy WebLinkAboutReso 13-2023 (23-78)• _ City of South San Francisco
City Council
• Resolution: RES 13-2023
File Number: 23-78
RESOLUTION CONTINUING
RATIFY THE EXISTENCE OF
RELATING TO MAJOR STI
EVENTS.
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
Enactment Number: RES 13-2023
TO DECLARE AND
A LOCAL EMERGENCY
)RM AND FLOODING
WHEREAS, Government Code sections 8630 and 8634, contained within Article 14 of the
California Emergency Services Act, empower the City Council and Director of Emergency Services to
proclaim the existence or threatened existence of a Local Emergency when the City of South San Francisco
("City") is affected or likely to be affected by a public calamity; and
WHEREAS, Section 2.72.060 of the South San Francisco Municipal Code empowers the City
Manager, in the City Manager's capacity as the Director of Emergency Services, to proclaim the existence or
threatened existence of a Local Emergency when the City is affected or likely to be affected by a public
calamity and the City Council is not in session, or to request the City Council to proclaim such a state of
Local Emergency; and
WHEREAS, South San Francisco Municipal Code section 2.72.060 (a)(1) provides that whenever
a local emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to
ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or
effect; and
WHEREAS, South San Francisco Municipal Code section 2.72.020 defines "emergency" for the
purposes of proclaiming a Local 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 air
pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal
infestation or disease or earthquake, or other conditions, including conditions resulting from war or
imminent threat of war, but other than conditions resulting from a labor controversy, which conditions 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 3, 2023, the Interim City Manager, in her capacity as the Director of
Emergency Services, issued a proclamation proclaiming the existence of a Local Emergency due to major
storm and flooding events; and
WHEREAS, the proclamation of the Director of Emergency Services is based on the following
findings:
(1) That at the time of the proclamation of the Director of Emergency Services, the City Council is not
in session.
City of South San Francisco
File Number: 23-78 Enactment Number: RES 13-2023
(2) That conditions of extreme peril to the safety of persons and property have arisen within the City
caused by major storm and flooding events. Specifically, the City has experienced significant
atmospheric river conditions including storm, heavy rainfall and damaging winds during the past few
days, which weather conditions have resulted in severe flooding, mudslides and related incidents.
These incidents include: flooding and closure of Highway 101 at Oyster Point in both directions;
flooded roadways in the City; water leaks and damages at various City facilities; over -powered
pumps; downed trees; and mudslides at Hillside Blvd. and the Sign Hill areas. Based on information
from the National Weather Service and the County of San Mateo ("County") Emergency Operations
Center (`BOC"), an upcoming Red/Major Storm is expected for the City in the next few days. Said
storm will include additional heavy rain and significant damaging wind. The City and County are
expected to or have already commenced EOC operations at the time of this proclamation. In
response to the major storm event, the City will need to take preventive and remedial actions, such
as: establishing Temporary Evacuation Points, undertake streets, storm drain, and public facility
repairs; debris clean-up; outreach and communication to the public regarding weather conditions and
incidents; conduct damage assessments for facilities and locations impacted by storm, wind or
flooding incidents; and staffing the EOC operations.
(3) That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of a Local
Emergency.
WHEREAS, the proclamation of the Director of Emergency Services regarding the existence of a
Local Emergency was issued on January 3, 2023 with the intent to ensure the availability of mutual aid; the
ability to enter into necessary contracts pursuant to the provisions and restrictions of California Public
Contract Code Section 22050; and an effective response to potential injuries or property damage resulting
from the major storm and flooding events or other related conditions thereto which would constitute
"extreme peril to the safety of persons and property within the City" as described therein; and
WHEREAS, on January 10, 2023, the Interim City Manager, in her capacity as the Director of
Emergency Services, issued a proclamation proclaiming the continued existence of a Local Emergency due
to major storm and flooding events, which proclamation is based on and reaffirmed the foregoing findings,
bases and intent; and
WHEREAS, on January 11, 2023, the City Council ratified the Interim City Manager's
proclamation of local emergency via resolution. Once ratified, the Local Emergency will remain in effect
until terminated by the City Council. In accordance with Government Code section 8630, the City Council
will review the proclamation of local emergency within sixty (60) days from this ratification and would
terminate the local emergency at the earliest possible date that conditions warrant. Additionally, consistent
with Public Contract Code section 22050(c)(2), the City Council must review the emergency action related
to contracting at every regularly scheduled meeting until the action is terminated, to determine, by a
four-fifths vote, that there is a need to continue the action; and
WHEREAS, since the ratification and declaration of the Local Emergency, South San Francisco
has experienced additional severe storm events including heavy rain and significant damaging wind, which
have resulted in additional severe flooding, mudslides and related incidents as described above, and the City
is continuing to operate its Emergency Operations Center while collaborating with County and regional
agencies on monitoring severe weather conditions, formulating responses, and assessing damages; and
WHEREAS, the circumstances present in South San Francisco continues to support the existence
of a local emergency due to major storm events; for instance, the City continues to respond to various
facility damages, taking preventive and remedial measures regarding current and anticipated impacts of
City of South San Francisco
File Number: 23-78 Enactment Number: RES 13-2023
severe storms, conducting damages assessment, and take other emergency actions; in addition, it is also
necessary for the City to retain contractors for emergency work without going through the competitive
bidding process where required; and
WHEREAS, it was necessary for contractors to undertake emergency work to clear debris and
sediment, repair storm drain backflow protection systems, install surface draining improvements, procure
sand bags and erosion protection materials for City and residents, and procure and install temporary
restrooms at various locations in the City including Oyster Point Marina, Rocca Ave and Park Ave near Sign
Hill, South Airport Blvd, Utah Ave, De Nardi Way, and Shaw Road; and
WHEREAS, as such conditions continue to remain and in the interest of public health and safety,
as affected by the emergency caused by the major storm and flooding events, the City Council desires to
continue declaring and ratifying the Local Emergency; and
WHEREAS, based on substantial evidence set forth in this Resolution, the emergency will not
permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond
to the emergency.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San
Francisco, do hereby declare and order the following:
1. The above recitals are true and correct and hereby declared to be findings of the City Council of the
City of South San Francisco, and incorporated herein by this reference.
2. The City Council hereby continues to declare and ratify a Local Emergency as described in this
resolution due to major storm and flooding events. It is hereby confirmed that a Local Emergency continues
to exist throughout the City of South San Francisco.
3. During the existence of said Local Emergency, the powers, functions and duties of the Director of
Emergency Services shall be those prescribed by state law and the ordinances, resolutions, and approved
plan of the City, as well as well as this resolution and any subsequent emergency orders of the City Council,
in order to mitigate the effects of said Local Emergency.
4. Pursuant to the authorities set forth under California Public Contract Code Section 22050 et seq., the
City Council determines that the emergency work undertaken pursuant to and for the Local Emergency
continues to be necessary to address the hazards and life-threatening situations resulting therefrom and City
staff is authorized to continue executing contracts for such work.
BE IT FURTHER RESOLVED AND ORDERED that this Local Emergency shall continue until it
is terminated by proclamation of the City Council. Pursuant to Section 8630 of the Government Code, the
City Council shall proclaim the termination of a local emergency at the earliest possible date that conditions
warrant.
BE IT FURTHER RESOLVED that City staff is directed to place an item on the City Council
agenda for review at least ever sixty (60) days from the effective date of this Resolution to determine the
need for continuing the Local Emergency pursuant to section 8630, Article 14, of the California Emergency
Services Act. City staff is also directed, pursuant to Public Contract Code section 22050(c)(2), to place an
item on every regular City Council agenda to review the emergency action related to contracting until the
action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.
City of South San Francisco
File Number: 23-78 Enactment Number: RES 13-2023
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its
passage and adoption.
At a meeting of the City Council on 1/25/2023, a motion was made by Councilmember Addiego,
seconded by Councilmember Flores, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Nicolas, Vice Mayor Nagales, Councilmember Addiego,
Councilmember Coleman, and Councilmember Flores
Attest by
R a Govea Acosta, City Clerk
City of South San Francisco