HomeMy WebLinkAboutStaff Report 1.A 10/14/2019w�ALU Agenda Item #LA
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DATE: October 14, 2019
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Eric W. Danly, City Attorney
SUBJECT: Council Ratification of Emergency Declaration by Emergency Services Director
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Ratifying the Emergency
Proclamation of the Director of Emergency Services Dated October 8, 2019 Pursuant to Section
2.32.060(A) of the Petaluma Municipal Code.
BACKGROUND
Section 2.32.060, paragraph (A) 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 of the
proclamation by the City Council within seven (7) days.
The City Manager, in her capacity as the City's Director of Emergency Services, signed a
declaration of local emergency within the City effective as of 8:00 a.m. on October 8, 2019. The
proclamation resulted from the planned Pacific Gas and Electric Public Safety Power Shut off
affecting Eastern and Northern sections of Petaluma in response to the low moisture/high wind
conditions forecast for Sonoma County beginning after sundown on Wednesday, October 9 and
continuing through Thursday morning, October 10. The emergency proclamation of the Director
of Emergency Services is included as Exhibit A to the attached resolution.
DISCUSSION
As noted in the attached emergency proclamation, conditions of extreme peril to the safety of
persons and property have arisen within the City of Petaluma and surrounding areas in Sonoma
and Napa counties, caused by a Public Safety Power Shut off instituted by Pacific Gas and
Electric as a prophylactic measure to avoid wildfires such as those experienced exactly two years
ago as a result of low moisture/high wind conditions like those forecast for October 91h and 10th
of this year. The Petaluma emergency response preparations for the power shut off/high wind
conditions commenced on or after 8:00 a.m. October 8, 2019, at which time the City Council of
the City of Petaluma was not in session. City staff began preparing to open the City's
Emergency Operations Center the morning of October 8, 2019. The Emergency Operations
Center was opened and set up with partial staffing the evening of October 8, 2019, and fully
staffed beginning at 6:00 a.m. October 9, 2019. City staff currently plan to keep the Emergency
Operations Center open and fully staffed Thursday, October 10, depending on the outcome of the
low moisture/high wind conditions forecast for Wednesday night/Thursday morning, and on
Pacific Gas and Electric's efforts to re -electrify the customer areas subject to the Public Safety
Power Shut off.
Adoption of the attached resolution will confirm that the public safety emergency resulting from
the City's response and preparations to the power shut off and low moisture/high wind
conditions is continuing and extend the proclaimed emergency within Petaluma in accordance
with Section 2.32.060(A) of the Petaluma Municipal Code. Adoption of the attached resolution
will also make available to the City emergency response liability protection, emergency response
cost recovery, mutual aid authorization and otherwise help fully implement appropriate
provisions of local and state law related to public safety emergencies, including provisions of the
Emergency Services Act, in support of the City's response to the current public safety
emergency. In accordance with Section 2 of the attached resolution, the local emergency
proclamation will continue in effect until terminated by the City Council.
In accordance with various provisions of state and local law, proclamation of a local public
safety emergency as in the attached resolution also has the effect of activating City employees'
responsibilities as disaster service workers. In accordance with Petaluma Municipal Code section
2.32.060(F)(3), the City Manager, as the City's Emergency Services Director, upon proclamation
of a local emergency, is empowered to require emergency service of any City officer or
employee. In accordance with Petaluma Municipal Code section 2.32.090, 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 a
proclaimed emergency. In accordance with Government Code section 3100, all public employees
are declared to be disaster service workers subject to such disaster service activities as may be
assigned to them by their superiors or by law. In accordance with Government Code section
8665, refusal or neglect to obey lawful orders issued to disaster service workers is a
misdemeanor.
FINANCIAL IMPACTS
The City is incurring costs from operation of the Emergency Operations Center and other
emergency response costs, including staffing costs. There are no cost estimates available at the
present time. However, incident response costs will be tracked and reported once they have been
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tabulated to permit the City to seek recovery its emergency response costs to the maximum
extent possible.
ATTACHMENTS
Resolution Ratifying Emergency Proclamation and Emergency Proclamation
ATTACHMENT 1
Resolution No. 2019 -XXX N.C.S.
of the City of Petaluma, California
RATIFYING THE EMERGENCY PROCLAMATION OF THE DIRECTOR OF
EMERGENCY SERVICES DATED EFFECTIVE OCTOBER 8, 2019 PURSUANT TO
SECTION 2.32.060(A) OF THE PETALUMA MUNICIPAL CODE
WHEREAS, Section 2.32.060 of the Petaluma Municipal Code and California Government
Code Section 8630, subdivisions (a) and (b), empower 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, Section 8630, subdivision (c), of the California Government Code requires
governing bodies that have declared a local emergency to review the need for continuing the local
emergency at least once every 60 days until the governing body terminates the local emergency; and
WHEREAS, the City Manager, in her capacity as the City's Director of Emergency Services,
signed a declaration of local emergency within the City effective as of 8:00 a.m. on October 8, 2019;
and
WHEREAS, the emergency proclamation of October 8, 2019 resulted from the planned Pacific
Gas and Electric Public Safety Power Shut off affecting Eastern and Northern sections of Petaluma in
response to the low moisture/high wind conditions forecast for Sonoma County beginning after sundown
on Wednesday, October 9 and continuing through Thursday morning, October 10; and
WHEREAS, the City Council does hereby find that the aforesaid conditions of extreme peril
did and do warrant and necessitate the proclamation of the existence of a local emergency;
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 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 laws.
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 California Government Code section 8630, subdivision (c), the City Council
will review the need for continuing the local emergency ratified pursuant to this resolution at
least once every 60 days until the City Council terminates the local emergency.
4. 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, is empowered to require emergency service
of any City officer or employee.
5. 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.
6. 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.
Passed and adopted at a Special meeting of the Petaluma City Council held on the 14th day of October
2019
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
City Clerk
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Special meeting on the 14th day of October form:
2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Claire Cooper
City Clerk
Teresa Barrett
Mayor
Eric W. Danly
City Attorney
5
Attachment 2
L
CITY OF PETALUMA
11 English Street e Petaluma, CA 94952
Teresa Barrett
bdayor
EMERGENCY PROCLAMATION - EXISTENCE OF A LOCAL EMERGENCY
(Director of Emergency Services)
Kevin McDonnell
D'Lynda Fisher
Mike Healy
Dave King
WHEREAS, section 2.32.060 of the Petaluma Municipal Code empowers the Director of
Kathy Miller
Emergency Services to proclaim the existence or threatened existence of a local emergency
Gabe Kearney
when the City of Petaluma (City) is affected or likely to be affected by a public calamity
Cotincibneinbers
and the City Council is not in session; and
WHERE AS, the Director of Emergency Services of the City does hereby find:
A. That conditions of extreme peril to the safety of persons and property have arisen
within the City caused by fire, flood, storm, epidemic, riot, earthquake, mudslides,
torrential rain, wind, and, in the present case, City preparations for a Pacific Gas and
Electric Planned Power Safety Shutoff event anticipated to affect a large portion of
the City, including the area east of McDowell Boulevard, due to severe wind
conditions forecast to begin on Wednesday, October 9, which City preparations
began at or after 8:00 a.m. on the 8th day of October, 2019; and;
B. That these conditions are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of said City, and;
C. That the City Council is not in session and cannot immediately be called into
session;
I That a local emergency as defined in Petaluma Municipal Code Section 2.32.020
and California Government Code Section 8558(c) now exists throughout the City,
and;
2. It is ordered that during the existence of said local emergency the powers, function,
and duties of the Emergency Organization of this City shall be those prescribed by
state law, by ordinances, and resolutions of this City, and that in accordance with
Petaluma Municipal Code Section 2.32.060(A) and California Government Code
Section 8630 this emergency shall not remain in effect for a period in excess of
seven days 7 days unless ratified by the Petaluma City Council.
City Attorney's Office
11 English Street
Petahunci, CA 94952 Date: Time: 8:00 aim.
Telephone: 707.778.4362
Facsimile: 707,2066040 By:
us Peggy Fmk'
Director of Emergency Services