HomeMy WebLinkAboutStaff Report 4.B 11/06/2017DATE:
TO:
FROM:
SUBJECT:
Agenda Item #4.B
November 6, 2017
Honorable Mayor and Membersof e City Council through City Manager
f
Eric W. Danly, City Attorney
Council Review of Emergency Declaration
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Reviewing and Preserving
in Effect in Accordance with Government Code Section 8630(c) the Emergency Proclamation of
the Acting Director of Emergency Services Dated Effective October 9, 2017 and Ratified by the
City Council October 16, 2017.
BACKGROUND
The Assistant City Manager, functioning as the City's Acting Director of Emergency Services at
the City's Emergency Operations Center, proclaimed the existence of a local emergency within
the City effective as of 4:00 a.m. on October 9, 2017. The proclamation resulted from the fires
burning in Sonoma and Napa counties, and the need for the City to provide first responders and
support, receive evacuees from surrounding areas and provide services and supplies for them,
and to monitor emergency conditions to provide for safety of Petaluma citizens. In accordance
with Section 2.32.060(A) of the Petaluma Municipal Code and Section 8630(b) of the
Government Code, the City Council ratified the Acting Director's emergency proclamation by
adopting Resolution no. 2017 -162 N.C.S. on October 16, 2017.
Governor Brown also issued an emergency proclamation for Napa and Sonoma counties on
October 9, 2017. The Governor's emergency proclamation referred to the Tubbs and Atlas fires
commencing on October 8, 2017 in Napa County and spreading to Sonoma County, as well as to
multiple other fires burning in Napa, Sonoma and Yuba counties which destroyed homes and
other structures, threatened thousands of homes and resulted in evacuation of thousands of
residents, damage to critical infrastructure and closure of major highways and local roads. The
Governor's proclamation also referred to extreme weather conditions, including strong winds,
spreading the fires, and noted that the magnitude of the fires required the combined forces of
mutual aid regions to combat them. The Governor's proclamation established a state of
emergency in Napa, Sonoma and Yuba counties pursuant to Government Code sections 8558(b),
8571, and 8625. On October 10, 2017, President Trump approved federal emergency assistance
for California in response to the fire emergencies.
As noted in the City Council's October 161h action to ratify the Acting Emergency Service
Director's local emergency proclamation, conditions of extreme peril to the safety of persons and
property arose within the City of Petaluma and surrounding areas in Sonoma and Napa counties,
caused by multiple fires which resulted in very extensive property damage, injuries, loss of life,
and evacuations in numerous communities and neighborhoods in Sonoma and Napa counties, as
well as massive deployment of emergency response personnel, equipment and other resources.
The City Council's ratification of the local emergency proclamation made available to the City
emergency response liability protection, emergency response cost recovery, and otherwise
helped implement appropriate provisions of local and state law related to public safety
emergencies, including provisions of the Emergency Services Act that activate City employees'
responsibilities as disaster service workers. In ratifying the local emergency proclamation the
City Council declared that the proclaimed emergency would continue in effect until terminated
by the City Council.
DISCUSSION
Government Code section 8630, subdivision (c), requires that governing bodies that have
declared local emergencies under that section must review the need for continuing the local
emergency at least once every 30 days until the emergency is terminated. Subdivision (d) of
section 8630 requires that local emergency proclamations be terminated at the earliest possible
date that conditions warrant. The City Council ratified the locally - proclaimed emergency on
October 16, 2017. Therefore, under section 8630(c) of the Government Code, the City Council
must review the emergency proclamation by or before November 16, 2017. In accordance with
subdivision (d) of section 8630, the City Council should proclaim the local emergency
terminated if upon reviewing the proclamation the Council determines that conditions warrant
termination.
The City closed its Emergency Operations Center at midnight on October 15, 2017, after
transitioning operation of the City's evacuation shelters to the American Red Cross. However,
City staff, in their capacity as disaster service workers under the Emergency Services Act, have
continued their engagement with the declared emergencies, including through coordination with
the Sonoma County Emergency Operations Center, which remains open, and through emergency
follow up work including transitioning City evacuation centers back to normal operations,
gathering and storing emergency supplies such as cots and bedding, tabulating and submitting
itemization of City emergency response costs for reimbursement, and mop up and follow up
efforts of City first responders and others in coordination with other affected Sonoma County
jurisdictions and agencies. Staff understand that the emergencies proclaimed by Governor
Brown, Sonoma County, and other local jurisdictions and agencies in Sonoma County remain in
effect, and are aware of no announced termination dates for any of the state or local emergency
declarations. Accordingly, in view of ongoing .disaster recovery and follow up activities in the
City and in coordination with other local agencies, staff recommend that the City Council adopt
the attached resolution Reviewing and Preserving in Effect the Emergency Proclamation of the
Acting Director of Emergency Services Dated Effective October 9, 2017 and Ratified by the City
Council October 16, 2017 in Accordance with Government Code Section 8630(c).
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FINANCIAL IMPACTS
The City incurred costs of supplying and operating evacuation centers and other emergency
response costs, including staffing costs, and may still be incurring disaster follow up costs related
to transitioning evacuation centers back to normal operations, accounting for and storing
emergency supplies, etc.. A preliminary estimate of costs the City incurred through October 22
in response to the wildfire emergencies totals $609,409 and covers the cost of staffing, renting
equipment, purchasing supplies, providing services to City evacuation shelters, and replacing
damaged carpet in the Community Center shelter. Incident response costs will continue to be
tabulated to permit the City to recover its emergency response costs to the maximum extent
possible. The final cost amount may be in excess of the preliminary estimate.
ATTACHMENTS
Resolution Reviewing Emergency Proclamation
Emergency Proclamation Ratification Resolution and Emergency Proclamation
N
Resolution No. 2017 -XXX N.C.S.
of the City of Petaluma, California
Reviewing and Preserving in Effect the Emergency
Proclamation of the Acting Director of Emergency Services
Dated Effective October 9, 2017 and Ratified by the City
Council October 16, 2017
WHEREAS, Section 2.32.060 of the Petaluma Municipal Code empowers the Director of Emergency
Services or a designated Acting 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 is 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 arose within the City and
surrounding areas in Sonoma and Napa counties, caused by multiple fires which resulted in very
extensive property damage, injuries, loss of life, and evacuations in numerous communities and
neighborhoods in Sonoma and Napa counties, and massive deployment of emergency response
personnel, equipment and other resources, commencing on or about the early morning hours on the 91h
day of October, 2017, at which time the City Council of the City of Petaluma was not in session; and
WHEREAS, the Acting Director of Emergency Services of the City of Petaluma did proclaim the
existence of a local emergency within the City effective as of the 9th day of October, 2017, at 4:00 a.m.;
and
WHEREAS, in accordance with Section 2.32.060, paragraph A of the Petaluma Municipal Code and
Section 8630, subdivision (b) of the California Government Code, on October 16, 2017, the City
Council ratified the proclamation of existence of a local emergency issued by the Acting Director of
Emergency Services by adoption of Resolution no. 2016 -172 N.C.S.; and
WHEREAS, Section 8630, subdivision (c) of the California Government Code requires that governing
bodies that have declared local emergencies under that section must review the need for continuing the
local emergency at least once every 30 days until the emergency is terminated; and
WHEREAS, Section 8630, Subdivision (d) of the California Government Code requires that local
emergency proclamations be terminated at the earliest possible date that conditions warrant terminating
the proclamation; and
WHEREAS, following the opening of the City of Petaluma Emergency Operations Center to address
wildfire emergency conditions on October 9, 2017, the City of Petaluma closed its Emergency
Operations Center at midnight on October 15, 2017, after transitioning operation of the City's
evacuation shelters to the Red Cross; and
WHEREAS, despite closure of the City's emergency operations center, City staff, in their capacity as
disaster service workers under the Emergency Services Act, have continued to engage with the declared
wildfire emergencies, including through coordination with the Sonoma County Emergency Operations
Center, which remains open, and through emergency follow up work including transitioning City
evacuation centers back to normal operations, gathering and storing emergency supplies such as cots and
bedding, tabulating and submitting itemization of City emergency response costs for reimbursement, and
mop up and follow up efforts of City first responders and others in coordination with other affected
Sonoma County jurisdictions and agencies; and
WHEREAS, the emergencies proclaimed by the State, Sonoma County, and other local jurisdictions
and agencies in Sonoma County remain in effect, and no termination dates for any such state or local
emergency declarations have been announced;
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Petaluma, as
follows:
1. The City Council has reviewed the Proclamation of the Existence of a Local Emergency within
the City effective as of the 9th day of October, 2017, at 4:00 a.m. and City Council Resolution
No. 2016 -172 N.C.S. adopted October 16, 2017 ratifying the October 9 proclamation of the
Acting Director of Emergency Services in accordance with the requirements of California
Government Code section 8630, subdivision(c).
2. The City Council finds that due to the continued engagement of City staff in follow up efforts
related to the proclaimed emergency, and due to the emergency proclamations of the State of
California, the County of Sonoma, and other local agencies and jurisdictions remaining in effect,
conditions do not yet warrant proclaiming the termination of the local emergency proclaimed in
the City of Petaluma effective October 9, 2017 and ratified by the City Council October 16,
2017.
3. Such proclaimed local emergency shall be deemed to continue to exist until its termination is
proclaimed by the City Council in accordance with California Government Code section 8 63 0,
subdivision (d).
4. In accordance with California Government Code section 8630, subdivision (c), the City Council
will review the need for continuing the local emergency proclaimed in the City of Petaluma at
least once every 30 days until the local emergency is proclaimed terminated.
5. In accordance with Section 2.32.060, paragraph (F)(3) of the Petaluma Municipal Code, the City
Manager, as the City's Emergency Services Director, continues to be empowered to require
emergency service of any City officer or employee.
6. In accordance with Section 2.32.090 of the Petaluma Municipal Code, all officers and employees
of the City, along with volunteer forces and groups aiding during an emergency, may be charged
with duties incident to the protection of life and property in the City during the emergency
proclaimed in the City.
7. In accordance with Government Code Section 3100, all City employees are declared to be
disaster service workers subject to such disaster service activities in response to the local
emergency proclaimed in the City of Petaluma as may be assigned to City employees by their
supervisors or by law.
a
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 6th day of November, form:
2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Claire Cooper
City Clerk
David Glass
Mayor
Eric W. Danly
City Attorney
Resolution No. 2017 -162 N.C.S.
of the City of Petaluma, California
RATIFYING TIIE EMERGENCY PROCLAMATION OF THE ACTING DIRECTOR
OF EMERGENCY SERVICES DATED EFFECTIVE OCTOBER 9, 2017 PURSUANT
TO SECTION 2.32.060(A) OF THE PETALUMA MUNICIPAL CODE
WHEREAS, Section 2.32.060 of the Petaluma Municipal Code empowers the Director
of Emergency Services or a designated Acting 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 is 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 and surrounding areas in Sonoma and Napa counties, caused by multiple
fires, none of which have been fully contained and which have resulted in very extensive
property damage, injuries, loss of life, and evacuations in numerous communities and
neighborhoods in Sonoma and Napa counties, and massive deployment of emergency response
personnel, equipment and other resources, commencing on or about the early morning hours on
the 911' day of October, 2017, at which time the City Council of the City of Petaluma was not in
session; and
WHEREAS, the City Council does hereby find that the aforesaid conditions of extreme
peril, which are ongoing, did and do warrant and necessitate the proclamation of the existence of
a local emergency; and
WHEREAS, the Acting Director of Emergency Services of the City of Petaluma did
proclaim the existence of a local emergency within the City effective as of the 9th day of
October, 2017, at 4:00 a.m.;
NOW, THEREFORE, IT IS HEREBY RESOLVED, PROCLAIMED AND
ORDERED by the City Council of the City of Petaluma, as follows:
1. The Proclamation of Existence of a Local Emergency, as issued by the Acting
Director of Emergency Services and attached hereto and made a part hereof as
Exhibit A, is hereby ratified and confirmed by the City Council of the City of
Petaluma, in accordance with Section 2,32.060 of the Petaluma Municipal Code and
other applicable law.
2. Such proclaimed local emergency shall be deemed to continue to exist until its
termination is proclaimed by the City Council of the City of Petaluma.
3. In accordance with Section 2.32.060, paragraph (17)(3) of the Petaluma Municipal
Code, the City Manager, as the City's Emergency Services Director, is empowered to
require emergency service of any City officer or employee.
4. In accordance with Section 2.32.090 of the Petaluma Municipal Code, all officers and
employees of the City, along with volunteer forces and groups aiding during an
emergency, may be charged with duties incident to the protection of life and property
in the City during this proclaimed emergency.
5. In accordance with Government Code Section 3100, all public employees are
declared to be disaster service works subject to such disaster service activities in
response to this proclaimed emergency as by be assigned to them by their superiors or
by law.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as ttr
Council of the Cite orPetaluma at a Regular meeting on the 161n day of October, f
2017, by the following vote: j t
City Attorney
AYES: Albertson, Vice Mayor Barrett, Healy, Kearney, King, Miller
NOES: None
A13SENT: Mayor Glass
ABSTAIN: one
ATTEST:
City Clerk Vice Mayor
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Chris Albertson
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Milm }Canty
GlIbc 10arney
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Counrlhaemborw
Chy Ituorney
'11 'h)1g11r11 S11,0e1
Peluhoulr, C11 94952
Phone (707) 778.4962
Pea+ (907) %78-•4-120 �
Bob /ail
f/101 ey( 1,pafuluma. Co. its
CZT'Y OF PETALUMA
POST OI1 tit Box 6:1
PETALUMA, CA 9495:3.0061
PROCLAMATION OF LXf$TUNCle, Or A LOCAL EMERGENCY
(by Diroutor of Bmorgenoy Services)
WzdEIRRAS, Seotion 2,32,060 of the Potalunia.Munielval Code ompowers'tho Director
of Emergency Services, or the Dixcotor's successor if the Director is unavailable, to
proclaim the existenco or threatened existence of it local emergency when said City is
affected or likely to by affeoted by a public calamity and the City Council is not in
session; and
W1. 1110,10, the Director of Emergency Services of the City of Petaluma, or the
Direotor's successor if the Director is unavailable, does horoby find;
A, That conditions of extreme peril to the, safety of persons and property havo
arlsen within said City, caused by fine, flood, storm, epidemic, riot,
carthduako, or other cause; and
B. That the City Council of the City of Petaluma is not in session and cannot
immediately be called into session,
NOW, THBREFORE, IT YS T -JERBB Y PROCLAIMED:
1, That a local emergency has existed within said City, offectivo pin,
oh { —s > and
2. It is ordered that during the existence of said local emergency the powers,
functions and duties of tho Blnoxgonoy Organization of this City shall be those
prescribed by state law, by charter, ordinances, and resolutions of this City,
and by the City ofPotaluma Emergency Plan, as approved by the City Colanoil
oil March 19, 2007,
VrTBiJT.,
,i" ty cr ni c 'Pu Wlc Information Officer
Dkootor oG n 3rbonoy Sorvicos or Acting Di votor
orB11lO1' 11Cy,��1'YiG�x
91