HomeMy WebLinkAboutResolution 2020-040 N.C.S. 03/16/2020Resolution No. 2020-040 N.C.S.
of the City of Petaluma, California
RATIFYING THE EMERGENCY PROCLAMATION OF THE DIRECTOR OF
EMERGENCY SERVICES DATED EFFECTIVE MARCH 9, 2020 PURSUANT TO
SECTION 2.32.060(A) OF THE PETALUMA MUNICIPAL CODE
WHEREAS, Section 8630 of the California Government Code authorizes the governing
body of a city and officials designated by ordinance adopted the governing body to proclaim a
local emergency as defined in Government Code Section 8558; and
WHEREAS, Section 8558(c) of the Government Code defines "local emergency" to
mean the duly proclaimed existence of conditions of a disaster or of extreme peril to the safety of
persons and property within the territorial limits of a county, city and county, or city, caused by
conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism,
sudden and severe energy shortage, plant or animal infestation or disease, the governor's
warning of an earthquake or volcanic prediction, or an earthquake or other conditions which are
likely to be beyond the control of the services, personnel, equipment and facilities of that
political subdivision and require the combined forces of other political subdivisions to combat, or
with respect to regulated energy utilities, a sudden and severe energy shortage that requires
extraordinary measures beyond the authority vested in the California Public Utilities
Commission; and
WHEREAS, provisions of the California Disaster Assistance Act (CDAA), California
Government Code Section 8680 and following, authorize the provision of financial assistance to
local governments that have proclaimed local emergencies, and upon the order of the Governor
when a state of emergency proclamation has been issued, for local government personnel,
equipment, supply, materials, facilities and other eligible costs incurred during disaster response
activities, subject to procedures specified in the CDAA and related regulations; and
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, according to the Center for Disease Control and Prevention (CDC), part of
the U.S. Department of Health and Human Services:
A. The CDC is responding to an outbreak of respiratory disease caused by a new corona
virus first detected in China and which has now been detected in almost 90 locations
internationally, including the United States; and
B. The new corona virus has been named "SARS - COV -2" and the disease it causes has
been named "Coronavirus Disease 2019" (abbreviated as "COVID-19"); and
C. On January 30, 2020, the Health Regulations Emergency Committee of the World Health
Organization declared the COVID-19 outbreak to be a "public health emergency of international
concern;" and
Resolution No. 2020-040 N.C.S. Page I
D. On January 31, 2020, the U.S. Health and Human Services Secretary declared a public
health emergency for the United States to aid the nation's healthcare community in responding to
COVID-19; and
E. Many patients at the COVID-19 outbreak epicenter in Wuhan, Hubei Province, China,
had some link to a large seafood and live animal market, suggesting animal to person spread of
the disease, while later, a growing number of patients reportedly did not have exposure to animal
markets, indicating person to person spread, with person to person spread subsequently reported
outside of Hubei and China, including in the United States, and with community spread of the
virus also reported, meaning people becoming infected without it being known how or where
they became infected; including in the United States; and
WHEREAS, on March 2, 2020, the County of Sonoma declared a Local Public Health
Emergency as well as a Local Emergency to respond to COVID-19 to allow the County to
prepare to respond to the possibility of community spread of COVID-19, and the County
partially activated the County Emergency Operations Center to support necessary activities; and
WHEREAS, on March 2, 2020, the Director of Emergency Services of the City of Santa
Rosa proclaimed the existence of a local emergency throughout the City based on findings
regarding the threat to community health posed by COVID-19; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared the
existence of a state of emergency in California pursuant to the California Emergency Services
Act and reported that as of that date, there were more than 94,000 cases of COVID-19
worldwide, resulting in more than 3,000 deaths, with 129 confirmed cases of COVID-19 in the
U.S., including 53 in California; and
WHEREAS, the Sonoma County Department of Health Services confirmed on March 5,
2020, a second presumptive positive case of COVID-19 in a resident who traveled
internationally on the Grand Princess ship from San Francisco to Mexico, and that both current
Sonoma County patients are in isolation rooms at a local hospital; and
WHEREAS, on March 5, 2020, the Director of Emergency Services for the City of
Rohnert Park proclaimed the existence of a local emergency based on findings of peril to the
safety of persons and property within the city; and
WHEREAS, the City of Petaluma intends to take all necessary and appropriate steps to
protect the public health and safety and to avoid interrupted services of the City, other local
government service providers, local businesses, and non-profit organizations, and to coordinate
with Federal, State and local governments to deploy resources in a coordinated fashion to help
minimize the threat posed by the COVID-19 virus; and
WHEREAS, on March 9, 2020, the Director of Emergency Services for the City of
Petaluma made findings that:
A. Conditions of extreme peril to the safety of persons and property have arisen within the
City caused by the threat to the public health, safety and welfare posed by the COVID-19 virus;
B. These conditions are or are likely to be beyond the control of the services, personnel,
equipment, and facilities of the City, and;
Resolution No. 2020-040 N.C.S. Page 2
C. The City Council of the City of Petaluma is not in session and cannot immediately be
called into session; and
WHEREAS, based on such findings, the Petaluma Emergency Services Director
proclaimed as follows:
1. A local emergency as defined in California Government Code Section 8558(c) now exists
and has existed throughout the City of Petaluma commencing on March 9, 2020 as a result of
threats posed by the COVID-19 virus to the health, safety and welfare of Petaluma residents and
visitors and to continuity of services provided by the City, other local governments, businesses
and non-profit organizations in the City.
2. In accordance with Petaluma Municipal Code Section 2.32.060(F)(3), the City's Director
of Emergency Services is empowered to require emergency service of any City officer or
employee.
3. 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.
4. In accordance with California 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, and in accordance with California Government
Code Section 8665, refusal or neglect to obey lawful orders issued to disaster service workers is
a misdemeanor.
5. During the existence of this declared local emergency, the powers, function, and duties of
the Emergency Organization of the City shall be those prescribed by state law, by ordinances,
and resolutions of the City; 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 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 March, 2020;
NOW, THEREFORE, BE IT RESOLVED, 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 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. The City Council hereby requests state financial assistance for City personnel,
equipment, supply, materials, facilities and other eligible costs incurred during the City's
disaster response activities concerning the COVID-19 virus, and hereby directs City staff
Resolution No. 2020-040 N.C.S. Page 3
to submit requests for state financial assistance in accordance with all applicable
procedures specified in the CDAA and related regulations.
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 may 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 AproFved as to
Council of the City of Petaluma at a Regular meeting on the 16th day of March 1{0
2020, by the following vote:
f
City Attorney
AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller
NOES:
None
ABSENT:
None
ABSTAIN:
None
Y
ATTEST:
City Clerk
Mayor
t
J
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