February 20, 2024, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway February 20, 2024 Honorable Mayor and Members of the City Council Jeff Chumbley, Fire Chief ?J1'vU Jenna Stein, Disaster Preparedness Coordinato~ (858) 668-4474 or [email protected] [JJ CITY COUNCIL Resolution to Participate in the County of San Diego Agricultural and Livestock Pass Program During fires and other disasters, the ability for owners of commercial equine, livestock and agriculture operations to access their property can be critical to saving their crops and animals. Effective in 2021, Assembly Bill 1103 authorizes county boards of supervisors to create a standardized framework to implement "livestock pass" programs in California counties. The legislation provides a means for law enforcement officers and other emergency personnel to identify vetted commercial equine, livestock and agriculture operators and managerial employees to permit limited access to evacuated areas, when it is deemed safe, to care for their agriculture and/or livestock. Access by passholders will be guided by safety considerations, as determined by fire and law enforcement officials. On August 30, 2022 the County Board of Supervisors established an Agricultural and Livestock Pass (Ag Pass) program. The local jurisdiction having authority must resolve to participate in the County of San Diego Ag Pass program before eligible operators within the jurisdiction can apply for and be approved for an Ag Pass. Recommended Action: It is recommended the City Council approve the Resolution to participate in the County of San Diego Agricultural and Livestock Pass program. Discussion: During fires and other disasters, the ability for owners of commercial equine, livestock and agriculture operations to access their property can be critical to saving their crops and animals. The Agricultural and Livestock Pass program was established by the County of San Diego to issue identification documents to qualified commercial equine, livestock and agricultural operators and managerial 1 of 5
February 20, 2024, Item #7employees that will allow them timely access to their property. By resolving to participate in the program, approximately twenty-four commercial equine, livestock and agricultural operations within the City of Poway may become eligible for the Ag Pass Program. The program established by the County of San Diego was developed through the coordination of San Diego County Fire, the County Department of Agriculture, Weights, and Measures (AWM), the California Department of Forestry and Fire Protection (CAL FIRE), the Sheriffs Department, the Office of Emergency Services (OES), and the Department of Animal Services. Stakeholder group meetings were held with members of the San Diego County Farm Bureau, the California Cattlemen's Association, and the San Diego County Fire Chiefs Association. Interested parties will submit an application and a minimum of two verification documents to the Poway Fire Department and then AWM will review and confirm the operation's commercial status. All applicants must have a current City of Poway business certificate. Examples of documentation for verification of a commercial operation include: • Redacted tax forms or other business documentation (LLC/partnership/incorporation) • AWM issued Operator ID • Restricted Materials Pesticide Permit • Certified Producer Certificate • California State Organic Program Registration • California Department of Agriculture Livestock Identification Number • Industry Association Letter • USDA Documentation for Commercial Livestock Producer • USDA Farm Services Agency Farm Number • Permitted equestrian facility • Brand# and/or Brand Certification Documentation • USDA Documentation for Commercial Livestock Producer • Zoning or use permit, such as permitted agricultural zoning commercial horse stable Each eligible commercial operation may secure an Ag Pass for multiple managerial employees who meet all of the following criteria: (1) have management authority with responsibility to oversee the care and well-being of the qualifying livestock producer's livestock; (2) primarily engage in managerial job duties and customarily and regularly exercise discretion and independent judgment in these duties, provided the duties are specified in a written job description issued no later than 90 days before the date of the flood, storm, fire, earthquake, or other disaster; and (3) earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment at the time of the flood, storm, fire, earthquake, or other disaster. Verified applicants will be contacted by the Poway Fire Department to schedule the annual mandatory training. The training covers fire behavior, weather, safety, fireline hazards, entrapment avoidance, incident command structure organization, evacuation orders, road closures, and communications during a disaster. To ensure the safety of personnel, employers will be required to submit an emergency plan for their operation and proof of employer insurance coverage. In addition, employers are required to provide masks and protective equipment and, upon request by the employee, a post-exposure health screening. An evacuation order requires the immediate movement of people out of an affected area due to an 2 of 5
February 20, 2024, Item #7imminent threat to health and safety. Even if an individual possesses an Ag Pass, they will be required to evacuate the area. After an evacuation, access back into the hazardous areas may be restricted by a soft or hard road closure. Only emergency personnel and law enforcement are allowed access to an area during a hard closure. During a soft closure, the Incident Commander and coordinating emergency agencies will monitor the affected area to determine when conditions are safe enough to allow Ag Pass holders into the affected area. If deemed safe, Ag Pass holders will receive a phone, text, and email notification from AlertSanDiego, the region's mass notification system, that they may proceed to a law enforcement roadblock and present their pass. Individuals will only be granted access during daylight and are not permitted to stay overnight while an evacuation order remains in place. Access by Ag Pass holders and others will be guided by safety considerations, determined by fire and law enforcement officials. For equine and livestock operations, the Ag Pass will be limited to the purposes of sheltering, moving, transporting, evacuating, feeding, watering, or administering veterinary care to livestock. For agricultural operations, the Ag Pass will allow work on irrigation systems, farm equipment, and other essential infrastructure. Ag Pass holders will not be permitted to perform other activities, including structural fire protection. Additionally, Ag Pass holders will be required to acknowledge the inherent risks and hazards associated with accessing restricted areas subject to official road closure as the result of a local emergency and agree to indemnify and hold the City of Poway and the County of San Diego harmless from any potential liability. Environmental Review: This item is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None as a result of this action. Public Notification: None. Attachments: A. Resolution Reviewed/Approved By: Assistant City Manager 3 ofS Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager
February 20, 2024, Item #7RESOLUTION NO. 24-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, TO PARTICIPATE IN THE COUNTY OF SAN DIEGO AGRICULTURAL AND LIVESTOCK PASS PROGRAM WHEREAS, the City of Poway is home to commercial equine, livestock and agricultural operators which desire access to their property to care for livestock and crops during or following a flood, storm, fire, earthquake, or other disaster, upon access being granted by emergency personnel; WHEREAS, a majority of the City is designated by the California State Fire Marshal as a Very High Fire Hazard Severity Zone; WHEREAS, the City has previously experienced the devastating effects of wildfire which required the evacuation of residents, businesses and animals; WHEREAS, the County of San Diego has established a program with the purpose of issuing identification documents to qualified commercial equine, livestock and agricultural operators and managerial employees during a disaster that will allow them timely access to their property; WHEREAS, the purpose of participating in the county-based Agricultural and Livestock Pass (Ag Pass) program is to provide a uniform way to identify vetted commercial equine, livestock and agricultural operators and managerial employees to fire and law enforcement officials; WHEREAS, possession of an Ag Pass during a wildfire or a similar disaster potentially allows qualified operators limited emergency access to their properties in areas that may otherwise be restricted to the public, only when deemed safe by fire and law enforcement officials, in order to protect or care for agriculture and/or livestock (such as irrigating crops or feeding, watering and transporting livestock); WHEREAS, qualified commercial equine, livestock and agricultural operators shall obtain and/or maintain an appropriate business certificate, permit, or license prior to approval of an Ag Pass application; and WHEREAS, an annual training program approved and administered by the Poway Fire Department shall be completed prior to issuing an Ag Pass identification card to qualified operators or managerial employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City of Poway will hereby participate in the County of San Diego Agricultural and Livestock Pass (Ag Pass). 4 of 5 II II ATTACHMENT A
February 20, 2024, Item #7Resolution No. 24-Page 2 SECTION 2: The holder of an Ag Pass shall not have a right to access property during or following a flood, storm, fire, earthquake or other disaster. Such access may be denied in the discretion of the incident commander, a law enforcement official having jurisdiction, or their designee, where it would be unsafe for the holder of the pass to enter or the presence of the holder of the pass would interfere with disaster response. SECTION 3: The holder of an Ag Pass shall agree, as a condition of the pass, to indemnify and hold the County of San Diego and the City of Poway harmless from any liability as a result of being granted a pass and/or access to a restricted area pursuant to a pass. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of February, 2024 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5