HomeMy WebLinkAboutResolution 2021-150 N.C.S. 9/13/2021 Resolution No. 2021-150 N.C.S. Page 1
Resolution No. 2021-150 N.C.S.
of the City of Petaluma, California
RESOLUTION PROCLAIMING A LOCAL DROUGHT EMERGENCY
WHEREAS, Section 8630 of the California Government Code authorizes the governing body of a city and
officials designated by and ordinance adopted by 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 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 b y 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, other than
conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of that political subdivision and that 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, Section 2.32.020, which makes up part of Chapter 2.32 entitled “Civil Defense and Disaster” in
the Petaluma Municipal code defines “emergency” as the actual or threatened existence of conditions of disaster
or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution,
fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or
imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of this city, requiring the
combined forces of other political subdivisions to combat; and
WHEREAS, on April 21, 2021, Governor Newsom declared a drought emergency, and on April 27, 2021,
the Sonoma County Board of Supervisors adopted Resolution Proclaiming a Local Emergency Due to Drought
Conditions in the Sonoma County Operational Area and Requesting the Governor to Seek a Presidential
Declaration; and
WHEREAS, in accordance with Section 2.32.050(A) of the Petaluma Municipal Code, the City Manager is
the City’s Director of Emergency Services; and
WHEREAS, Section 2.32.060(A) of the Petaluma Municipal Code authorizes the City’s Director of
Emergency Services to request that City Council proclaim the existence of a local emergency when the City is
affected or likely to be affected by a public calamity and the City Council is in session; and
WHEREAS, July 2021 was the driest July in Sonoma Canty in the past 127 years, and so far 2021 is the 8th
driest year in Sonoma County the past 127 years1; and
WHEREAS, the City’s primary source of water supply is the Sonoma County Water Agency (Sonoma
Water), which delivers imported water from the Russian River and from groundwater wells in Santa Rosa to the
City of Petaluma and other municipal water contractors pursuant to the Restructured Agreement for Water Supply
1 https://www.drought.gov/states/california/county/sonoma#
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(“Restructured Agreement,”) executed on June 23, 2006, by and between Sonoma Water, the Cities of Cotati,
Petaluma, Rohnert Park, Santa Rosa, Sonoma and Forestville, the North Marin and Valley of the Moon Wate r
Districts and the Town of Windsor, collectively known as the Water Contractors, and Sonoma Water has two
water storage reservoirs, Lake Mendocino, and Lake Sonoma; and
WHEREAS, the current historic dry conditions have resulted in severely low storage levels in Lake
Mendocino, which as of August 13, 2021, was at 29.3% of capacity and Lake Sonoma which as of the same date
was at 49.3% capacity2; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within Sonoma
County and Petaluma caused by the current drought including:
A. threats to the water supply for Sonoma County residents, and the operations and viability of commercial
and industrial entities, including the tourism industry, agriculture users, local health care and other service
organizations, non-profit service providers and local governments, including schools, and the services
they provide, public infrastructure projects, private construction projects, valuable public assets such as
parks and open spaces, and Sonoma County’s natural resources;
B. threats to the quality of life, the public health and welfare and the economy of all of Sonoma County;
C. extreme fire hazards as the region is entering the season that has resulted in large, destructive fires in
Sonoma County in the past several years, making wildfires more likely and controlling them more
dangerous and difficult; and
D. a further risk that there may be insufficient water to respond to wildfires; and
WHEREAS, the conditions of extreme peril caused by the current drought are exacerbated by high heat and
fire danger weather, and the ongoing COVID-19 pandemic, which have impacted community operations and
resources throughout Sonoma County, and require the provision of additional public safety, health and emergency
services; and
WHEREAS, conditions of extreme peril to the safety of persons and property currently exist within Sonoma
County and the City of Petaluma because of the damage caused by and the ongoing threat of wildfires, coupled
with the threats from fire danger and the ongoing COVID-19 emergency, and the situation is of such severity and
magnitude that effective response is beyond the capability of the individual affected local governments; 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 current drought, in addition to the
COVID-19 pandemic and potential for wild fires, which are also ongoing; and
WHEREAS, the Director of Emergency Services of the City of Petaluma has found that:
A. Conditions of extreme peril to the safety of persons and property have arisen within the City of Petaluma
as a result of the threats to the public health, safety and welfare caused by the drought;
2 ttps://www.sonomawater.org/current-water-supply-levels
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B. These conditions are or are likely to be beyond the control of the services, personnel, equipment, and
facilities of the City of Petaluma; and
C. Accordingly, the City’s Emergency Services Director recommends that City Council proclaim the
existence of a local emergency due to the current drought; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental
Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, as proclaiming a local drought
emergency does not meet CEQA's definition of a “project,” because the action does not have the potential for
resulting either a direct physical change in the environment or a reasonably foreseeable indirect physical change
in the environment, and because the action constitutes organizational or administrative activities of governments
that will not result in direct or indirect physical changes in the environment; and
WHEREAS, if the proposed action did constitute a project, the action would be exempt pursuant to CEQA
Guidelines Sections 15307 and 15308, Class 7 and class 8 exemptions, as action by a regulatory agency for
protection of natural resources and environment through water conservation and other drought response measures;
and
WHEREAS, if the proposed action did constitute a project, the action would be exempt pursuant to CEQA
Guidelines Sections 15307 and 15308, Class 7 and class 8 exemptions, as action by a regulatory agency for
protection of natural resources and environment through water conservation and other drought response measures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. The above recitals are declared to be true and correct and are incorporated herein and adopted as findings of
the City Council.
2. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA)
in accordance with CEQA Guidelines Section 15378, as proclaiming a local drought emergency does not meet
CEQA's definition of a “project,” because the action does not have the potential for resulting either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the environment,
and because the action constitutes organizational or administrative activities of governments that will not
result in direct or indirect physical changes in the environment.
Alternatively, if the proposed action did constitute a project, the action would be exempt pursuant to CEQA
Guidelines Sections 15307 and 15308, Class 7 and class 8 exemptions, as action by a regulatory agency for
protection of natural resources and environment through water conservation and other drought response
measures.
If the proposed action did constitute a project, the action would be exempt pursuant to CEQA Guidelines
Sections 15307 and 15308, Class 7 and class 8 exemptions, as action by a regulatory agency for protection of
natural resources and environment through water conservation and other drought response measures.
3. A local emergency as defined in California Government Code Section 8558(c) and Petaluma Municipal Code
Section 2.32.020 now exists and has existed throughout the City of Petaluma commencing on ____________,
as a result of the threats posed by the severe drought to the health, safety and welfare of Petaluma residents
and to the continuity of services provided by the City and these conditions are likely beyond the control of
the services, personnel, equipment, and facilities of the City and require the combined forces of other political
subdivisions to combat.
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4. In accordance with Petaluma Municipal Code Section 2.32.060(F)(3), the City’s Director of Emergency
Services is authorized to require emergency service of any City officer or employee.
5. 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.
6. 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
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.
7. During the existence of this declared emergency, the powers, functions, and duties of the Emergency
Organization of the City of Petaluma shall be those prescribed by state law and by ordinances and resolutions
of the City.
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
Council of the City of Petaluma at a Regular meeting on the 13th day of
September 2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle, Fischer; Healy; King; McDonnell, Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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