HomeMy WebLinkAboutResolution 2023-008 N.C.S. 01/09/2023 DocuSign Envelope ID: FE316904-78BF-4747-9539-242F9331DD7D
Resolution No. 2023-008 N.C.S.
of the City of Petaluma, California
RATIFYING THE EMERGENCY PROCLAMATION OF THE DIRECTOR OF EMERGENCY
SERVICES DATED EFFECTIVE JANUARY 3, 2023 PURSUANT TO GOVERNMENT CODE
SECTION 8630(B)AND SECTION 2.32.060(A) OF THE PETALUMA MUNICIPAL CODE
WHEREAS, beginning December 27, 2022, severe winter storms related to a series of atmospheric river
systems struck California, bringing high winds, substantial precipitation, and river and urban flooding; and
WHEREAS, it is forecasted that additional and continuing storms related to this series of atmospheric river
systems threaten California, bringing heavy rainfall, expected flooding, strong winds and wind gusts, falling
debris, downed trees, and widespread power outages; and
WHEREAS, California Governor, Gavin Newsom,has, on January 4, 2023,proclaimed a state of emergency
throughout California in response to the atmospheric river events pursuant to the powers granted the Governor
under the Emergency Services Act,Government Code Section 8550 and following,and Section 8625 in particular;
and
WHEREAS,the Governor's January 4 emergency proclamation directs state agencies to enter into contracts
to arrange for the procurement of materials, goods and services necessary to quickly assist with the response to
and recovery from the impact of the storms as necessary to assist local governments and for the protection of
public health and the environment; and
WHEREAS, the Governor's January 4 emergency proclamation also suspends applicable provisions of the
Government Code and Public Contract Code, including, but not limited to, travel, advertising, and competitive
bidding requirements, to the extent necessary to address the effects of the storms; and
WHEREAS, the Governor's January 4 emergency proclamation also directs that any fairgrounds that the
Office of Emergency Services determines suitable to assist individuals impacted by the storms shall be made
available to the Office of Emergency Services pursuant to Section 8589 of the Emergency Services Act, and that
the Office of Emergency Services shall notify the fairgrounds of the intended use and may immediately utilize
the fairgrounds without the fairground board of directors' approval; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within Sonoma
County caused by the atmospheric river events, which are fast moving storms causing major flooding in parts of
Sonoma County, threatening people and structures, and resulting in downed trees, disrupted utility services and
damaged roadways; and
WHEREAS, the conditions of extreme peril caused by the atmospheric river events over the past five days
and continued heavy rains have caused severe ground saturation that has not dissipated at normal soil drainage
rates, and that continue to cause major flooding, which has impacted significant Sonoma County and community
operations and resources and requires the provision of additional public safety, health and emergency services;
and
WHEREAS, conditions of extreme peril to the safety of persons and property will continue within Sonoma
County based on forecasted severe atmospheric river storms of the next six days bringing an additional six to
twenty inches of rain, along with high winds, and significant risk of downed trees, debris flows, power outages
and road blockages, and based on best available current information, the Russian River is project to exceed flood
Resolution No. 2023-008 N.C.S. Page 1
DocuSign Envelope ID: FE316904-78BF-4747-9539-242F9331DD7D
stage near Guerneville, with other areas in Sonoma County expected to flood as well, and the situation is of such
severity and magnitude that effective response is beyond the capability of the individual affected local
governments; and
WHEREAS, based on the effects of the atmospheric river event impacts in Sonoma County, the Sonoma
County Administrator, in her capacity as the Sonoma County Director of Emergency Services has on January 3,
2023 proclaimed the existence of a state of emergency in Sonoma County; and
WHEREAS, in response the atmospheric river events, City of Petaluma first responders and other City staff
and have been responding and deploying City equipment and other resources in response to the early 2023
atmospheric river events in Sonoma County and making preparations for local storm impacts, including by
monitoring Petaluma River levels, establishing sand bag filling locations,making evacuation preparations, giving
notice to flood prone businesses and residential areas, monitoring local flooding conditions, closing flooded
roadways, coordinating with local nongovernmental organizations for potential coordinated emergency response
efforts, and taking other actions as needed to protect the public safety; and
WHEREAS, in recent local emergency events Petaluma has provided essential sheltering resources for
evacuees, and such sheltering resources in Petaluma may be required again in response to the atmospheric river
events, and City staff are making provision for the potential of receiving evacuees from the neighboring cities
and unincorporated Sonoma County; 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 atmospheric river events; and
WHEREAS,Section 8630(b)of the Government Code and Section 2.32.060 of the Petaluma Municipal Code
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,the Acting Director of Emergency Services of the City of Petaluma will proclaim the existence
of a local emergency within the city effective as of the 3rd day of January, 2023; and
WHEREAS, the City Council does hereby find that conditions of extreme peril to the safety of persons and
property have arisen within the city at which time the City Council of the City of Petaluma was not in session;
and
WHEREAS, the City Council further finds that the conditions of extreme peril, which are ongoing, did and
do warrant and necessitate the proclamation of the existence of a local emergency; and
WHEREAS, declaring a state of emergency is exempt from CEQA pursuant to CEQA Guidelines Section
15269(c) as a specific action necessary to prevent or mitigate an emergency, and this action is also exempt
pursuant to the"commonsense exemption"CEQA Guidelines Section 15061(b)(3)as it can be seen with certainty
that this action will not have a significant effect on the environment as it is an administrative activity that does
not directly or indirectly effect the environment.
NOW, THEREFORE, BE IT RESOLVED, PROCLAIMED, AND ORDERED by the City Council of the
City of Petaluma as follows:
Resolution No. 2023-008 N.C.S. Page 2
DocuSign Envelope ID: FE316904-78BF-4747-9539-242F9331DD7D
1. Declaring a state of emergency is exempt from CEQA pursuant to CEQA Guidelines Section 15269(c) as a
specific action necessary to prevent or mitigate an emergency, and this action is also exempt pursuant to the
"commonsense exemption" CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that this
action will not have a significant effect on the environment as it is an administrative activity that does not
directly or indirectly effect the environment.
2. 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 Government Code Section 8630(b), Section 2.32.060 of the
Petaluma Municipal Code, and other applicable law.
3. 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.
4. These conditions are or are likely to be beyond the control of the services,personnel,equipment, and facilities
of the City of Petaluma.
5. 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.
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 this proclaimed emergency.
7. 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.
8. 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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 9"day of January Docusigned b�prm:
2023,by the following vote: �Q,
rty ttorney
AYES: Mayor McDonnell,Barnacle,Vice Mayor Cader Thompson,Healy,Nau,Pocekay,
Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
rDocuSigned by: (IDocuSigned by:
ATTEST: U ll�t 4�t. 06V,lA,c,(,(,
City tfer']V`eaasz... Mayor�1 g�Q �
Resolution No. 2023-008 N.C.S. Page 3
DocuSign Envelope ID: FE316904-78BF-4747-9539-242F9331DD7D
EXHIBIT A
`SAL tr
a CITY OF PETALUMA
' POST OFFICE BOX 61
z s 5 a PETALUMA,CA 94953-0061
Kevin McDonnell Mayor EMERGENCY PROCLAMATION OF
EXISTENCE OF A LOCAL EMERGENCY
Brian Barnacle enc Director of Emergency Services
Janice Cader-Thompson,Dist.I g y
Mike Healy (Petaluma Municipal Code§2.32.060(A))
Karen Nan,Dist.3
Dennis Pocekay
John Shribbs,Dist.2
Councilmembers WHEREAS, Section 8630 of the California Government Code authorizes the
governing body of a city and officials designated by 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 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, 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
City Manager's Office combat, or with respect to regulated energy utilities, a sudden and severe energy
11 English Street
Petaluma,CA 94952 shortage that requires extraordinary measures beyond the authority vested in the
Phone(707)778-4345 California Public Utilities Commission; and
E-Mail. WHEREAS, Section 2.32.060(A) of the Petaluma Municipal Code authorizes
citymgr@cityofpetaluma.org
the City's 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 in session; and
Economic Development
Phone(707)778-4549
Fax(707)778-4586 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;
Housing Division and
Phone(707)778-4555
WHEREAS, beginning December 27, 2022, severe winter storms related to a
Information Technology Division series of atmospheric river systems struck California, bringing high winds,
Phone(707)778-4417 substantial precipitation, and river and urban flooding; and
Fax(707)776-3623
WHEREAS, it is forecasted that additional and continuing storms related to
this series of atmospheric river systems threaten California,brining heavy rainfall,
expected flooding, strong winds and wind gusts, falling debris, downed trees, and
rouo xousno
°°PORT"""° widespread power outages; and
Resolution No. 2023-008 N.C.S. Page 4
DocuSign Envelope ID: FE316904-78BF-4747-9539-242F9331DD7D
WHEREAS, California Gavin Newsom has, on January 4, 2023, proclaimed a
state of emergency throughout California in response to the atmospheric river
events pursuant to the powers granted the Governor under the Emergency Services
Act, Government Code Section 8550 and following, and Section 8625 in
particular; and
WHEREAS, the Governor's January 4 emergency proclamation directs state
agencies to enter into contracts to arrange for the procurement of materials, goods
and services necessary to quickly assist with the response to and recovery from the
impact of the storms as necessary to assist local governments and for the
protection of public health and the environment; and
WHEREAS, the Governor's January 4 emergency proclamation also suspends
applicable provisions of the Government Code and Public Contract Code,
including, but not limited to, travel, advertising, and competitive bidding
requirements, to the extent necessary to address the effects of the storms; and
WHEREAS, the Governor's January 4 emergency proclamation also directs
that any fairgrounds that the Office of Emergency Services determines suitable to
assist individuals impacted by the storms shall be made available to the Office of
Emergency Services pursuant to Section 8589 of the Emergency Services Act, and
that the Office of Emergency Services shall notify the fairgrounds of the intended
use and may immediately utilize the fairgrounds without the fairground board of
directors' approval; and
WHEREAS, conditions of extreme peril to the safety of persons and property
have arisen within Sonoma County caused by the atmospheric river events, which
are fast moving storms causing major flooding in parts of Sonoma County,
threatening people and structures, and resulting in downed trees, disrupted utility
services and damaged roadways; and
WHEREAS, the conditions of extreme peril caused by the atmospheric river
events over the past five days and continued heavy rains have caused severe
ground saturation that has not dissipated at normal soil drainage rates, and that
continue to cause major flooding,which has impacted significant Sonoma County
and community operations and resources and requires the provision of additional
public safety, health and emergency services; and
WHEREAS, conditions of extreme peril to the safety of persons and property
will continue within Sonoma County based on forecasted severe atmospheric river
storms of the next six days bringing an additional six to twenty inches of rain,
along with high winds, and significant risk of downed trees, debris flows,power
outages and road blockages, and based on best available current information, the
Russian River is project to exceed flood stage near Guerneville, with other areas in
Sonoma County expected to flood as well, and the situation is of such severity and
magnitude that effective response is beyond the capability of the individual
affected local governments; and
Resolution No. 2023-008 N.C.S. Page 5
DocuSign Envelope ID: FE316904-78BF-4747-9539-242F9331DD7D
WHEREAS, based on the effects of the atmospheric river event impacts in
Sonoma County, the Sonoma County Administrator, in her capacity as the
Sonoma County Director of Emergency Services has on January 3, 2023
proclaimed the existence of a state of emergency in Sonoma County; and
WHEREAS, in response the atmospheric river events, City of Petaluma first
responders and other City staff and related equipment and other mutual aid
resources are preparing for local storm impacts, including by monitoring Petaluma
River levels, establishing sand bag filling locations, making evacuation
preparations, giving notice to flood prone businesses and residential area, and
coordinating with local nongovernmental organizations for coordinated emergency
response efforts; and
WHEREAS, in recent local emergency events Petaluma has provided essential
sheltering resources for evacuees, and such sheltering resources in Petaluma may
be required again in response to the atmospheric river events, and City staff are
making provision for the potential of receiving evacuees from the neighboring
cities and unincorporated Sonoma County; 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 atmospheric river events; and
WHEREAS, the Director of Emergency Services of the City of Petaluma
hereby finds that:
A. Conditions of extreme peril to the safety of persons and property have
arisen within the City of Petaluma caused by the threat to the public health,
safety and welfare caused the current, ongoing atmospheric river events;
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. The City Council of the City of Petaluma is not in session and cannot be
immediately called into session;
NOW, THEREFORE,IT IS HEREBY PROCLAIMED by the Emergency
Services Director of the City of Petaluma that:
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
as a result of the threats posed by the current, ongoing atmospheric
river events to the health, safety and welfare of Petaluma residents and visitors
and other Sonoma County residents to continuity of services provided by the
City, other local governments, businesses and non-profit organizations in the
City.
Resolution No. 2023-008 N.C.S. Page 6
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2. 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.
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 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 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.
6. In accordance with California Government Code Section 8630(b) and
Petaluma Municipal Code Section 2.32.060(a)this emergency proclamation
shall expire in seven(7) days after issuance unless confirmed and ratified by
the governing body of the City of Petaluma.
Dated: By:
Peggy Flynn
City Manager and Director of
Emergency Services
Attest:
Kendall Sawyer
City Clerk
C: Honorable Mayor and Petaluma City Council members
City Department Directors
Resolution No. 2023-008 N.C.S. Page 7