HomeMy WebLinkAboutAgenda Bill 5.B 04/07/2003a:
4
11
CITY OF PETALUMA, CALIFORNIA
AGENDA BALI. AP' ® 7 2003
Agenda Title
An Ordinance Of The Council Of The City Of Petaluma Amending
Meeting Date:
Apri17, 2003
Petaluma Municipal Code Section 2.32.060 Concerning Powers and
Duties of the Director of Emergency Services
Meeting Time 3 :00 PM
❑ 7:00 PM
Category (check one) DC onsent Calendar ❑ Public Hearing New Business
❑ Unfinished Business ❑ Presentation
Department
Director.
Contact Person
Phone, Number
City Attorney
Richard.Rudnansky
Richard Rudinansky
(707) 778 -4362
Cost of Proposal
Account Number
N/A
N/A
Amount Budgeted
Name of Fund:
N/A
N/A
Attachments to Agenda Packet, Item
Ordinance Of The Council Of The'City Of Petaluma amending Petaluma Municipal Code Section 2.32.060
concerning powers and duties of the Director of Emergency Services.
Summary Statement This amendment to Petaluma Municipal Code Section 2.32.060 expressly
authorizes the Director of Emergency Services to enter into agreements for vital services needed for the
protection of life and property during a proclaimed emergency. This amendment requires a 415 vote of the
Council.
Recommended Cit-y Council Action /Suggested Motion
Adopt the attached Ordinance Of The Council Of The City Of Petaluma amending Petaluma Municipal
Code Section 2.32.060 concerning powers and duties of the Director of Emergency Services.
Reviewed by Finance Director*
Reviewed by City Attorney
D te•
Approved bv City Manager:
Date:
Date:
Today's Date
Revision # and Date Revised:
File Code:
#
April 7, 2003
622796
•
a
flV
CITY OF PETALUMA, CALIFORNIA
APRIL 7, 2003
Agenda Report
for
Presentation to Council and- Adoption Of An Ordinance Of The Council Of The City Of
Petaluma Amending Petaluma Municipal Code Section 2.32.060 Concerning Powers and Duties
of the Director of Emergency Services
1. ExECVTIVE SUMMARY The ' attached ordinance amends Petaluma Municipal Code
Section 2.32.060 to expressly authorize the Director of Emergency Services to enter into
agreements for vital services needed for the protection of life and property during a
proclaimed emergency.
2. BACKGROUND Chapter,232 of the Petaluma Municipal Code, titled "Civil Defense and
Disaster," contains provisions: for protecting the City during an emergency. Section
2.32.050 provides that 'the. City Manager shall be the Director of Emergency Services
(Director). Section 2.32.060 identifies the various powers ' accorded the Director.
Subsection .2.32.060(A) permits the Director to request that the City Council declare a
"local emergency;" additionally the.Director may issue a proclamation declaring a "local
emergency" when the Council is not in session (subject to Council ratification within 7
• days). Subsection 2.32.060(B) permits the Director to request that the Governor or other
State Official declare a "state emergency."
In the event of a proclaimed emergency, the Director may be required to enter into
emergency agreements for vital services without following the public bidding
requirements of the California Public Contract Code. California Public Contract Code
subsection 22050(b) authorizes a City to adopt an ordinance to provide such authority.
The ordinance must be approved by a four - fifths vote of the Council. The Council must
review the Director's action within 14 days. If emergency services are continuing, at each
subsequent meeting following the action, they Council .must approve the need to continue
the services by a four-fifths vote.
Petaluma. Municipal Code subsection 2:32.060(F)(2) does permit the Director to "obtain
vital supplies equipment and such* other properties found lacking and needed for the
protection of life and property...:" However, this language does not expressly provide
the Director with the power to enter emergency agreements for services. While
subsection 2.32.060(F)(2)'s language "such other, properties found lacking" may imply
authority for the Director - to enter into emergency agreements for services, amending
Section 2.32.060 to expressly provide such authority in the event of a proclaimed
emergency would- create clarification and certainty for the City and any contracting
parties.
3. ALTERNATIVES The Council could provide for no amendment to subsection
2.32.060(F)(2): Under this alternative, the existing ordinance could be interpreted in two
r�
different ways. First, pursuant to California Public Contract Code subsection 22050(a), a
meeting of the Council would need to be convened in order to provide prior authorization •
by a four -fifths vote for any emergency services agreement during a proclaimed
emergency. Second, -pursuant to California Public Contract Code subsection 22050(b)
and the existing delegating language in subsection 2.32.060(F)(2), the Director could
enter -into emergency agreements subject to subsequent and 'continuing City Council
ratification., There is ,a risk that the validity of such an agreement under the second
interpretation could subsequently be challenged on two grounds: 1) if a four-fifths vote
did not occur when originally adopting Chapter 2.32; or 2), the existing delegating
language in that subsection does not truly authorize the Director to enter into agreements
for vital services.
4. FINANCIA I MPACTS : Unknown.
5. CONCLUSION Approval of the attached ordinance amending Petaluma Municipal. Code
Section 2.32.060 to expressly authorize the Director of Emergency Services to enter into
agreements for vital services needed for the protection of life and property during a
proclaimed emergency.
CSI
COMPLETION: This amendment will clarify the Director of Emergency Services powers
during a emergency.
7. RECOMMENDATION The Council should approve the attached ordinance amending
Section 2.32.060 of the Petaluma'Municipal Code.
618201
•
2
)1
1 ORDINANCE NO. N.C.S.
2
3 Introduced by Seconded by
4
5
6
7
8
9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AMENDING
10 PETALUMA MUNICIPAL CODE SECTION 2.32.0.60 CONCERNING
11 POWERS AND DUTIES OF THE DIRECTOR OF EMERGENCY SERVICES
12
13
14
15 WHEREAS, Section 2:31050 of the Petaluma Municipal Code provides that the City
16 Manager shall be the Director of Emergency Services; and
17
1.8 WHEREAS, Section 2.32.060 of the Petaluma Municipal Code lists the powers accorded
19 to the Director of Emergency 'Services in the event a "local emergency" or "state emergency" has
20 been proclaimed; and
21
•22 WHEREAS, among the powers accorded 'to the Director of Emergency Services by
23 Subsection 2.32.060(F)(2), is. the power, to "obtain vital supplies, equipment, and such other
24 properties found lacking and needed for the protection of life and property;" and
25
26 WHEREAS, in the event of a proclaimed emergency, it may be necessary for the
27 Director of Emergency Services to enter into agreements for urgently needed services; and
28
29 WHEREAS, Section 2.32.060 of the Petaluma Municipal Code does not expressly
30 provide the Director of Emergency Services with the power to enter into agreements for services
31 during a proclaimed emergency; and
32
33 WHEREAS California Public Contract Code Subsection 22050(b) authorizes a City by
34 four-fifths vote to adopt, an ordinance to provide, such- authority during a proclaimed emergency,
35 subject to review by the Council within 14 days of an action taken under the authority of such an
10 6 ordinance, and where an action. is continuing, subject to a four -fifths vote by the Council at each
7 meeting thereafter,
1
1
2 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
3 FOLLOWS:
4 Section 1 . Amendment. Subsection 2.32.060(F)(2) of the Petaluma. Municipal Code is
5 hereby amended to read as follows:
6
7
8
9
10
11
12
13
14
t5
16
17
18'
1.9
20
21
.22
23
24
25
26
27
28
Pursuant to California Government Code Section 22050, to obtain vital
supplies equipment, services, and such other properties found lacking and
needed for the protection of life and property and to bind the city for the
fair value thereof and, if required immediately and to the extent permitted
by law, to commandeer the same for public use,
Section 2 . If anysection, subsection, sentence, clause or phrase or word of this ordinance
is for any reason held' to be unconstitutional, unlawful or otherwise invalid by a court of.
competent. jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The,City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provi'sions the fact that.
any one or more of said provisions be declared unconstitutional, unlawful or otherwiseinvalid.
Section J . This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma. City Council.
Section 4 . The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered posted/published this day.of
ADOPTED this day of , 2003 by the following vote:
29
30 AYES:
31 NOES:
32 ABSENT:
2003
U
•
2