HomeMy WebLinkAboutReso 42-2024 (24-261)A91L City of South San Francisco
City Council
IF Resolution: RES 42-2024
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File Number: 24-261 Enactment Number: RES 42-2024
RESOLUTION CONTINUING TO DECLARE AND
RATIFY THE EXISTENCE OF A LOCAL EMERGENCY R
ELATING TO MAJOR STORM EVENTS.
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 February 7, 2024, the 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.
(2) That conditions of extreme peril to the safety of persons and property have arisen within the City
City of South San Francisco
File Number: 24-261 Enactment Number: RES 42-2024
caused by major storm and flooding events. Specifically, the City has experienced significant storm
conditions, heavy rainfall, and damaging winds on February 4th, 17th through 20th, and 29th, which weather
conditions have resulted in felled trees, flooding, and related incidents. These incidents include: felled trees
that were blocking roadways and/or sidewalk or had fallen on cars; flooding at streets and intersections,
including:
a. Airport Boulevard and Wondercolor Lane; and
b. Shaw Road; and
c. Baden Avenue and Linden Avenue;
Traffic signal issues:
• Westborough Boulevard and Junipero Serra Boulevard; and
• Westborough Boulevard and Gellert Boulevard; and
• Westborough Boulevard and Galway Drive; and
• Westborough and Callan Drive; and
• King Drive and Junipero Serra Boulevard.
Based on information from the National Weather Service, storm conditions may continue for the remainder
of the winter season. In response to the storm conditions, the City may need to take preventive and remedial
actions, such as: 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 February 7, 2024, 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 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 February 14, 2024, the City Council ratified the 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
City of South San Francisco
File Number: 24-261 Enactment Number: RES 42-2024
WHEREAS, since the ratification and declaration of the Local Emergency, including from
February 7 through March 13, South San Francisco has experienced additional severe storm events including
heavy rain and significant damaging wind, which have resulted in additional severe related incidents as
described above, and the City continues to collaborate with County and regional agencies on monitoring
severe weather conditions, formulating responses, and assessing damages, and subsequent storm events are
likely to create additional emergency conditions requiring immediate City response and attention; 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
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 and has been necessary for contractors to undertake emergency work,
including but not limited to: removal of felled trees, hillside stabilization and drainage improvements; 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,
including the period from February 7 through March 13.
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 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 continues to determine 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 continues to authorize
City staff to continue executing contracts for such work.
City of South San Francisco
File Number: 24-261 Enactment Number: RES 42-2024
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
contracting until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue
the action.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its
passage and adoption.
At a meeting of the City Council on 3/13/2024, a motion was made by Councilmember Nicolas, seconded
by Councilmember Nagales, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Coleman, Vice Mayor Flores, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas
Attest by L L aj,
osa Govea Acosta, City Clerk
City of South San Francisco