R 4331 RESOLUTION NO. 4331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE, CALIFORNIA, CONFIRMING THE
ACTING DIRECTOR OF EMERGENCY SERVICES /CITY
MANAGERS' PROCLAMATION OF EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS, Section 8.12.060 of the Arroyo Grande Municipal Code empowers
the Director of Emergency Services /City Manager ( "Director ") of the City of
Arroyo Grande 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 Disaster Council /City Council ( "Council ") is not is session and requires
that the Council take action to ratify the Proclamation within seven days
thereafter; and
WHEREAS, such Proclamation entitles the Director, and the emergency
organization of this City, to all the powers, functions, and duties prescribed by
State law, ordinances, and resolutions of this jurisdiction and by the Operational
Area Emergency Plan during the existence of said Local Emergency; and
WHEREAS, the Director determined that on December 19, 2010 conditions of
extreme peril to the safety of persons and property arose as a result of
unusually heavy rains, resulting in heavy runoff which threatened property within
the City of Arroyo Grande, and these conditions necessitated the proclamation
of the existence of a local emergency within the City of Arroyo Grande, at which
time the Council was not in session and could not be called into session; and
WHEREAS, the Council acknowledges conditions existing within the County of
San Luis Obispo and does hereby find that the conditions of extreme peril did
warrant and necessitate the Proclamation of the existence of a local emergency
in the City of Arroyo Grande; and
WHEREAS, on December 22, 2010, the Director issued a Proclamation
declaring the existence of a local emergency, as set forth in Exhibit A, a copy of
which is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the Proclamation of Existence of a Local Emergency, as issued by
the Acting Director of Emergency Services, is hereby ratified and confirmed.
BE IT FURTHER RESOLVED that the local emergency shall be deemed to
continue to exist until its termination is proclaimed by the Council of the City of
Arroyo Grande.
RESOLUTION NO. 4331
PAGE 2
On motion of Council Member Costello, seconded by Council Member Brown,
and on the following roll call vote, to wit:
AYES: Council Members Costello, Brown, Ray, and Mayor Ferrara
NOES: None
ABSENT: Council Member Guthrie
The foregoing Resolution was adopted this 22 " day of December, 2010.
RESOLUTION NO. 4331
PAGE 3
TONY FE A , MAYOR
ATTEST:
(-1// 4 (WU"
KELLY ET M R , CITY CLERK
liiii D AS T C NT T:
I
STEVEN ANNIBALI, ACTING CITY MANAGER
APPROVED AS TO FORM:
`L /
TIMOT Y J. C - , CI ' ATTORNEY
EXHIBIT A
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
BY THE ACTING DIRECTOR OF EMERGENCY SERVICES OF
THE CITY OF ARROYO GRANDE
WHEREAS. Section 8.12.060 of the Arroyo Grande Municipal Code empowers the
Director of Emergency Services /City Manager ( "Director ") of the City of Arroyo Grande
to proclaim the existence of a local emergency when the City is affected or likely to be
affected by a public calamity and the Disaster Council /City Council ( "Council ") is not is
session; and
WHEREAS, the Acting City Manager, as Acting Director of Emergency Services of the
City of Arroyo Grande, finds that on December 19, 2010 conditions of extreme peril to
the safety of persons and property arose as a result of unusually heavy rains, resulting
in heavy runoff which threatened property within the City of Arroyo Grande, and these
conditions necessitated the proclamation of the existence of a local emergency within
the City of Arroyo Grande; and
WHEREAS, the City of Arroyo Grande acknowledges conditions existing within the
County of San Luis Obispo and supports its proclamation of a local emergency; and
WHEREAS, these conditions warrant and necessitate that the City of Arroyo Grande
proclaim the existence of a local emergency, and the Council is not is session and
cannot immediately be called into session; and
WHEREAS, this Proclamation of Local Emergency will be ratified by the Council within
seven days of being issued.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Acting Director of
Emergency Services of the City of Arroyo Grande, that a local emergency exists
throughout the City, and that said emergency shall be deemed to continue to exist until
its termination is proclaimed by the Council; 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 the City, and by
the City of Arroyo Grande Emergency Plan; and
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of
Local Emergency be forwarded to the San Luis Obispo County Office of Emergency
Services and to the State Director of the Governor's Office of Emergency Services with
a request that;
1. The State Director find the Proclamation of Local Emergency acceptable in
accordance with provisions of the Natural Disaster Assistance Act; and that
2. The State Director forward this Proclamation, and request for a State
Proclam. •n an. - residential Declaration of Emergency, to the Governor of
Califor • or co deration and action.
Dat =• Dcemb , 1
Steven Annibali
Acting Director of Emergency Services
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4331 is a true, full, and correct copy of said Resolution passed and
adopted at an emergency meeting of the City Council of the City of Arroyo Grande on
the 22 day of December 2010.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 22 day of
December 2010.
KELLY TM RE, CITY CLERK