FOR THE COUNCIL MEETING OF JANUARY 17, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Attorney
Prepared by: Assistant City Attorney
SUBJECT: PROCLAIMING A LOCAL EMERGENCY REGARDING SEVERE
WINTER STORMS AND RATIFYING THE PROCLAMATION OF LOCAL
EMERGENCY BY THE CITY MANAGER/DIRECTOR OF EMERGENCY
SERVICES.
RECOMMENDATION
That the City Council adopt a Resolution proclaiming a local emergency regarding severe storms and ratifying the Proclamation of local emergency by the City Manager/ Director of Emergency Services.
BACKGROUND
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. On January 4, 2023, California Governor Newsom declared a State of Emergency throughout California in order to support the ongoing response to recent winter storms.
On January 9, 2023, the City experienced a severe winter storm with heavy rainfall, flooding, strong wind and wind gusts, falling debris, downed trees and widespread power outages. As a result, the City closed numerous roads due to flooded streets and intersections, downed trees, and mud and rock slides.
Pacific Gas & Electric Company reported more than 80 outages affecting more than 12,700 customers in the local area. In addition, high winds, flooding, and soil instability made it unsafe for crews to work in some areas leading to extended outages for some customers in Northern Santa Barbara County.
The storm threatened the critical infrastructure, movement of resources, continued power outages, and continued river and urban flooding due to excessive and prolonged rainfall.
DISCUSSION
Under State law (Government Code Sections 8630 et seq.) and the City's Municipal Code (Chapter 2-17), the City Manager acting as the City's Director of Emergency Services may declare the existence of a local emergency. On January 10, 2023, 'the
City Manager/Director of Emergency Services, signed a Proclamation declaring a local emergency effective January 9, 2023, at 8 a.m.
Under State law, the City Council is required to ratify the actions of the City Manager/Director of Emergency Services in order for the emergency declaration to continue. The City Council is authorized to adopt a Resolution ratifying the Proclamation of local emergency declared by the City Manager/Director of Emergency Services and proclaim a local emergency, which may continue as long as the need for the local emergency persists.
The declaration of a local emergency allows the City Manager, acting as the Director of Emergency Services, to promulgate orders and regulations necessary to provide for the protection of life and property; to enter into agreements and to take all actions necessary to obtain State emergency assistance to implement protective measures to protect and preserve the residents of the City.
The declaration also allows the City Manager/Director of Emergency Services to set the hours of City Hall and all other City buildings, including implementing closures of non- essential services. In addition, the City Manager/Director of Emergency Services may authorize certain employees to work from home and make modifications to the City's paid leave policies.
Fiscal Considerations
By adopting the proposed Resolution, the City may be able to recover eligible expenses and claims resulting from the severe storms.
Impact to the Community
Adopting the proposed Resolution will assist the City in responding to the severe weather conditions and protect the public health and safety.
HEATHER K. WHITHAM
Assistant Cit ttyrney
THOMAS T. WATSON
City Attorney
Attachment: California Proclamation of a State of Emergency 2 EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
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 in preparation for the forecasted storms, multiple California Conservation Corps flood fight crews, fire swift water rescue, and urban search and rescue teams have been strategically prepositioned for emergency response; sandbags have been made available throughout the State; and shelters are opening for displaced individuals; and
WHEREAS these storms forced the closure and caused damage to highways and roads, as well as caused levee and culvert failures, and mandatory evacuations in severely impacted counties, and such impacts will likely continue to be caused by the forecasted storms; and WHEREAS these storms threatened and continue to threaten critical infrastructure, movement of resources, burn scars from recent wildfires potentially causing mud and debris flows; resulted in and threaten power outages to thousands of households and businesses; and caused and continue to threaten river and urban flooding due to excessive and prolonged rainfall; and
WHEREAS due to the series of atmospheric river systems continuously impacting counties throughout the State, the counties have not had time to mitigate the cascading impacts of these storms; and
WHEREAS under the provisions of Government Code section 8558(b), I find that conditions of extreme peril to the safety of persons and property exist due to these storms; and
WHEREAS under the provisions of Government Code section 8558(b(, I find that the conditions caused by these storms, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the magnitude of the damage caused by these storms; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of these storms.
S3;
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist throughout California.
IT IS HEREBY ORDERED THAT:
1. All agencies of the state government utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Office of Emergency Services and the State Emergency Plan. Also, all residents are to obey the direction of emergency officials with regard to this emergency in order to protect their safety.
2. The Office of Emergency Services shall provide assistance to local governments, if appropriate, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq.
3. As necessary to assist local governments and for the protection of public health and the environment, state agencies shall 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 impacts of these storms. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of these storms.
4. Any fairgrounds the Office of Emergency Services determines suitable to assist individuals impacted by these storms shall be made available to the Office of Emergency Services pursuant to the Emergency Services Act, Government Code section 8589. 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.
5. The California Department of Transportation shall formally request immediate assistance through the Federal Highway Administration's Emergency Relief Program, United States Code, Title 23, section 125, in order to obtain federal assistance for highway repairs or reconstruction.
6. The California National Guard may be mobilized under Military and Veterans Code section 146 to support disaster response and relief efforts, as directed by the Office of Emergency Services, and to coordinate with all relevant state agencies and state and local emergency responders and law enforcement within the impacted areas. Sections 147 and 188 of the Military and Veterans Code are applicable during the period of participation in this mission, exempting the California Military Department from applicable procurement rules
for specified emergency purchases, and those rules are hereby suspended.
7. Any state-owned properties the Office of Emergency Services determines suitable for staging of debris as a result of these storms shall be made available to the Office of Emergency Services for this purpose in accordance with Government Code section 8570.
8. Drivers may exceed the hours -of -service limits specified in Califomia Vehicle Code section 34501.2 and California Code of Regulations, Title 13, section 1212.5 while operating a vehicle engaged in fuel transportation in support of emergency relief efforts, subject to the following conditions:
a. Motor carriers or drivers currently subject to an out -of -service order are eligible for the exemption once the out -of -service order expires or when they have met the conditions for its rescission.
b. In accordance with Section 1214, Title 13, California Code of Regulations, no motor carrier operating under the terms of this Proclamation will require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor vehicle carrier that they need immediate rest shall be given at least ten consecutive hours off -duty before being required to return to service.
c. Drivers shall maintain a driver's record of duty status, regardless of number of hours worked each day. These records shall be prepared, submitted, and maintained as required by Section 1213, Title 13, California Code of Regulations.
9. Consistent with Parts 390 and 395, Title 49, Code of Federal Regulations, drivers may exceed the hours -of -service limits specified while operating a vehicle engaged in fuel transportation in support of emergency relief efforts. These waivers shall be in effect for the duration of the driver's direct assistance in providing emergency relief, or thirty (30) days from the dale of this Proclamation, whichever is less.
10. In order to allow out-of-state contractors and other utilities driving their own vehicles to provide mutual aid assistance for the restoration of electrical power within the counties impacted by these storms, applicable provisions of the Vehicle Code including, but not limited to, Vehicle Code section 34620 requiring a motor carrier permit [licensing] and imposition of certain fees, are suspended for motor carriers providing such assistance. Also, the requirements for motor carriers and drivers in Vehicle Code sections 1808.1 [pull -notice program that checks for driver's license violations], 27900 [display name on vehicle], 27901 [size and color of display name on vehicle], 34505.5 [requirement to have been inspected within 90 days], and 34501.12 [requirement to set up home base in California] are suspended while providing mutual aid assistance for the emergency restoration of services. vft
1 FURTHER DIRECT that as soon as hereafter possible, this Proclamation be fled in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California o be affixed this 4th day
of Januat 2023.
EWSO
Govn of California
ATTEST:
SHIRLEY N. WEBER, Ph.D.
Secretary of State
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA PROCLAIMING A LOCAL EMERGENCY REGARDING
SEVERE WINTER STORMS AND RATIFYING THE
PROCLAMATION OF LOCAL EMERGENCY BY THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES
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, as a result of heavy precipitation and wind occurring primarily on January 9, 2023, the City closed numerous roads due to flooded streets and intersections, downed trees, and mud and rock slides; and WHEREAS, these storms threatened, and continue to threaten, critical infrastructure, movement of resources, continued power outages and continue to threaten river and urban flooding due to excessive and prolonged rainfall; and WHEREAS, on January 4, 2023, Governor Newsom proclaimed a State of Emergency in California as a result of the severe winter storms; and WHEREAS, the storm conditions were, are, and are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City of Santa Maria; and
WHEREAS, the storm conditions threaten the safety and health of City residents; and
WHEREAS, California Government Code Section 8630 et seq. and City of Santa Maria Municipal Code Section 2-17.04 empower the City Manager/Director of Emergency Services and City Council to proclaim the existence of a local emergency to protect and preserve public welfare when the City is affected or likely to be affected by a public emergency or disaster; and WHEREAS, a declaration of a local emergency will assist in a coordinated public response and facilitate the mobilization of local resources, the ability to coordinate an interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments to respond to the severe storm conditions; and therefore, these conditions warrant and necessitate that the City of Santa Maria proclaim the existence of a local emergency; and
WHEREAS, on January 10, 2023, the City Manager acting as the Director of Emergency Services, proclaimed the existence of a local emergency effective as of 8 a.m. on January 9, 2023, which is attached as Exhibit A and incorporated herein by this reference; and
WHEREAS, under Government Code Section 8630(b), a proclamation of local emergency must be ratified by the City Council within seven days to remain in effect; and
WHEREAS, the City Council desires to declare a local emergency and ratify the proclamation of local emergency by the City Manager/Director of Emergency Services.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Santa Maria, as follows:
Section 1. Pursuant to California Government Code Section 8630 et seq. and Santa Maria Municipal Code Section 2-17.04, the City Council hereby finds and proclaims and ratifies a local emergency caused by severe storm conditions in the City, which constitute an extreme peril of health and safety of persons within the territorial limits of the City.
Section 2. The local emergency shall be deemed to continue to exist through February 17, 2023, unless extended by the City Council.
Section 3. The City Manager, acting as the Director of Emergency Services, is hereby authorized to furnish information, to promulgate orders and regulations necessary to provide for the protection of life and property pursuant to California Government Code Section 8634, to enter into agreements and to take all actions necessary to obtain State emergency assistance to implement preventive measures to protect and preserve the residents of the City within the scope of the local emergency hereby declared.
Section 4. The City Council further orders that:
A. Pursuant to Santa Maria Municipal, the City Manager/ Director of Emergency Services pursuant to Santa Maria Municipal Code Section 3-4.13(b) is authorized to extend any and all agreements and contracts, regardless of dollar value, that may expire during the local emergency called pursuant to this Resolution, and which are immediately necessary for the continuing operation of City services or to protect the life and property of the residents of the City.
B. The City Manager/Director of Emergency Services is authorized to set the hours of City Hall and all other City buildings, including but not limited to, the Police Department, Community Centers, and Public Libraries during the local 2 emergency including, but not limited to, closing City Hall, closing City Hall to all non- essential employees, and/or authorizing employees to telecommute work from home.
C. The City Manager/Director of Emergency Services is authorized to make any and all modifications to City paid leave policies as are deemed necessary to support continuity of City services, and may promulgate guidelines and employee policies as necessary to further define and implement any modifications or paid leave time authorizations.
D. Staff shall consistently communicate with the City Council and the public frequently through a variety of measures to reassure the public and keep everyone informed of measures taken to protect public health and safety.
E. The City Manager/Director of Emergency Services is authorized to apply for and obtain State and Federal emergency assistance regarding this local emergency related to the severe storm conditions.
Section 5. During the existence of the local emergency, the powers, functions, and duties of the emergency organization of the City shall be those prescribed by state law, ordinances, and resolutions of the City of Santa Maria.
Section 6. This emergency declaration is effective as of January 9, 2023.
Section 7. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance with the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
3 PASSED AND ADOPTED by the City Council of the City of Santa Maria at a regularmeeting of the City Council held on this 17th day of January 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVE
Ci y Attorney
APPROVEDA T NT:
Department Director
City a ager
Exhibit: Proclamation of Local Emergency by City Manager/Director of Emergency Services 4 PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY BY THE CITY
MANAGER/DIRECTOR
OF EMERGENCY SERVICES OF THE
CITY OF SANTA MARIA
WHEREAS, Section 2-17.04 of the Santa Maria Municipal Code declares that the City Manager of the City of Santa Maria is the Director of Emergency Services; and
WHEREAS, California Government Code Section 8630 et seq. and Section 2-17.04(a) of the Santa Maria Municipal Code empowers the City Manager of the City of Santa Maria as Director of Emergency Services to proclaim the existence of a local emergency when the City is affected or likely to be affected by an emergency or a disaster and the City Council is not in session; and WHEREAS, the City Manager finds that 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, the City Manager finds that as a result of recent precipitation and high winds starting on January 9, 2023, the City has closed numerous roads due to flooded streets and intersections, downed trees and mud and rock slides; and WHEREAS, Pacific Gas and Electric Company has reported more than eighty outages affecting more than 12,700 customers in the local area. In addition, high winds, flooding and soil instability have made it unsafe for crews to work in some areas, likely leading to extended outages for some customers in Northern Santa Barbara County; and
WHEREAS, these storms threaten and continue to threaten critical infrastructure, movement of resources, continued power outages and continue to threaten river and urban flooding due to excessive and prolonged rainfall; and WHEREAS, on January 4, 2023, Governor Newsom proclaimed a State of Emergency in California as a result of the severe winter storms; and WHEREAS, these conditions, if fully manifested, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City of Santa Maria; and
1 WHEREAS, the mobilization of local resources, the ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to responding to the severe storm conditions and therefore. these conditions warrant and necessitate that the City of Santa Maria proclaim the existence of a local emergency; and
WHEREAS, the City Council is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED by the City Manager of the City of Santa Maria, acting as the Director of Emergency Services, that a local emergency exists as of 8 a.m., January 9, 2023, throughout the City of Santa Maria, and shall be deemed to continue to exist for a period of at least seven (7) days from the date below or until the City Council takes action to ratify or terminate the proclamation of local emergency; and IT IS FURTHER ORDERED that during the existence of this local emergency that the powers, functions, and duties of the City of Santa Maria will be those prescribed by state law, state executive orders, the City Charter, ordinances, and resolutions of the City of Santa Maria, including specifically the Director of Emergency Services may promulgate orders and regulations necessary to provide for the protection of life and property as set forth in Section 2-17.06 of the Santa Maria Municipal Code and California Government Code section 8634; and
IT IS FURTHER ORDERED that a copy of this Proclamation be forwarded to the Governor of California with the request that the Governor proclaim the existence of a State of Emergency throughout the City of Santa Maria; and IT IS FURTHER ORDERED that a copy of this Proclamation be forwarded to the State Director of the Office of Emergency Services.
Date: January 10, 2023
JASON STILWELL
City Manager/ Director of Emergency Services
2