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HomeMy WebLinkAboutStaff Report 5.C 01/28/20085C CITY OF PETALUMA, CALIFORNIA AGENDA BILL January 28, 2008 Agenda Title: Motion Adding an Item after Posting of the Agenda for Meeting Date: January 28, 2008 and Resolution Ratifying a Proclamation of Existence of a January 28, 2008 Local Emergency, as Issued by the Director of Emergency Services on January 25, 2008 Meeting Time: M 3:00 PM ❑ 7:00 PM Categorv: ❑ Presentation ❑ Consent Calendar ❑ Public Hearing ❑ Unfinished Business M New Business Department: Director: Contact Person: Phone Number: Public Works Vin nt arengo Susan Lackie 778-4478 '4 Cost of Proposal: $0 VAccount Number: n/a Amount Budgeted: $0 Name of Fund: n/a Attachments to Agenda Packet Item: 1. Resolution Ratifying a Proclamation of Existence of a Local Emergency, as Issued by the Director of Emergency Services on January 25, 2008 2. Proclamation confirming existence of a local emergency issued on January 25, 2008 Summary Statement: A need has arisen for the City Council to take action at today's meeting on an item that was not listed on the posted agenda based on the following facts: (1) At approximately 11:25 p.m. on Friday, January 25, 2008, torrential rain, wind, and flooding caused peril to persons and property in the City of Petaluma, causing the City's Director of Emergency Services to proclaim the existence of a local emergency in the City. (2) Other areas of the County were not affected to the extent determined necessary by the County of Sonoma to declare a County -wide state of emergency. (3) Petaluma Municipal Code Section 2.32.060 Civil Defense and Disaster, requires the City Council to take action to ratify the proclamation within seven days of the Director's emergency proclamation to keep it in effect. (4) No City Council meeting other than today's meeting is scheduled within 7 days of January 25, 2008. (5) A local emergency declaration is needed in order to proceed with applications for State emergency funds and other acts intended to assist the City and storm victims. Recommended City Council Action/Suggested Motion: 1. Add this item to todav's Council Meeting It is recommended that the Mayor move that an item be added to today's agenda in accordance with Section 54954.2, subdivision(b), paragraph (2) of the Brown Act because there is a need to take immediate action on the item, and that need came to the City's attention after the agenda for today's meeting was posted. The agenda item to be added under new business as Item 5C would read as follows: Resolution Ratifying a Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services on January 25, 2008 Note: Passage requires 4 affirmative votes, or if less than 4 members of the Council are present, a unanimous vote. If the motion passes, the new item is added to the agenda and may be considered and acted upon, along with the other agenda items. If the motion fails, the item may not be acted upon and may only be addressed at that meeting by Council members or staff via brief responses to statements by members of the public, a brief announcement, a brief reference to staff or factual resources, or a request that staff report on or place the item on the agenda of a future City Council meeting. 2. Ifltem Added to Agenda, Reconmiended Action: Approve Resolution Ratifying a Proclamation of Existence of a Local Emergency, as Issued by the Director of Emergency Services on January 25, 2008. Reviewed by Admin. Svcs. Dir: I Reviewed by City Attorney: Date: I Date: I Date: \ / Rev. # Date Last Revised: 1/28/08 File: G:\Public Works\FEMA-OES\0 2008 January I8-19 Event\Proclamatin of Local Emergency\CC Agenda Bill\Agenda bill-reso raliving Proclamation of existence of a local emergency 1-28-11S.doc G:\Public Works\FEMA-OES\0 2008 January 18-19 Event\Proclamation of Local Emergency\CC Agenda BIIMB Adding Item to Agenda 2 Proclaiming Flood Emergency.DOC ATTACHMENT RESOLUTION RATIFYING A PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY, AS ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES ON JANUARY 25, 2008 WHEREAS, Section 2.32.060 of the Petaluma Municipal Code empowers the Director of Emergency Services (City Manager) to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven (7) days; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, caused by flood, storm, torrential rains, or other cause, commencing on the 25th day of January, 2008; and WHEREAS, the Director of Emergency Services of the City of Petaluma did proclaim the existence of a local emergency within said City on or about 2325 hours, on the 25th day of January, 2008, at which time, the City Council of the City of Petaluma was not in session; and WHEREAS, Government Code Section requires that when a proclamation of existence of a local emergency is issued by an official designated by ordinance, it must be ratified by the governing body within seven (7) days; and WHEREAS, the proclamation of existence of a local emergency is necessary in order to proceed with applications for State emergency funds and other acts intended to assist the City and storm victims; WHEREAS, there is no City Council meeting scheduled within seven (7) days of January 25, 2008 except for the scheduled meeting of January 28, 2008; and WHEREAS, the Mayor moved that an item be added to the January 28, 2008 agenda in accordance with Section 54954.2, subdivision(b), paragraph (2) of the Brown Act because there GAPublic Works\FE1%4A-OES\0 2008 January I8-19 Event\Proclamation of Local Emergency\CC Agenda Bill\AB Adding Item to Agenda Proclaiming Flood Emergency. DOC was a need to take immediate action on the item, and that need came to the City's attention after the agenda for today's meeting was posted; and WHEREAS, by a vote of a majority of the City Council, the agenda item was determined to be an emergency pursuant to Government Code section 54956.5 and the agenda item was added under new business as Item 5C to read as follows: Motion Adding an Item after Posting of the Agenda for January 28, 2008 and Resolution Ratifying a Proclamation of Existence of a Local Emergency, as Issued by the Director of Emergency Services on January 25, 2008; and WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED: 1. That the Proclamation of Existence of a Local Emergency, as issued by said Director of Emergency Services, is hereby ratified and confirmed by the City Council of the City of Petaluma; and 2. That said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Petaluma, State of California. #1025251 G:\Public Works\PEiv1A-0HS\0 2008 January 18-19 Event\Proelamation of Local Emergency\CC Agenda Bill\AB Adding 4 Item to Agenda Proclaiming Flood Emergenev.DOC r ATTACHMENT 2 CITY OF PETALUMA DECLARATION OF EMERGENCY WHEREAS, Ordinance No. 1053 of the City of Petaluma empowers the City Manager, as Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, and; WHEREAS, the Director Emergency Services of the City of Petaluma does hereby find: That conditlons of extreme peril to the safety of persons and property have arisen within said City, caused by flooding, which began on the 251h day of January 2008; and, That these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of sold City; and, That the City Council of the City of Petaluma Is not In session and cannot Immediately be called into session; NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout sold City, and; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organzation of the City shall be those prescribed by state law, by ordinances, and resolutions of this City, and; That this emergency proclamation shall expire In 7 days after issuance unless confirmed and ratified by the governing body of the City of Petaluma. Dated: January 25, 2008 of 2330 hours by: 1 v �Q lA 1 mf g y r Section 85589(c), Chapter 7 of Divislon 1 of Title 2 Michael A. Blerman, Clay Manager City of Petaluma G:\Public Works\PEMA-OES\0 2008 January 18-19 Event\Prodamation of Local Emergency\CC Agenda BiII\AB Adding Item to Agenda Proclaiming Flood Emergencv.DOC