CITY OF SEBASTOPOL
CITY COUNCIL
AGENDA ITEM
Meeting Date: December 6, 2022
To: Honorable Mayor and City Councilmembers
From: Fire Chief/Director of Emergency Services
City Administration
Subject: Extension of Emergency Proclamation of Local Emergency issued by the Director of Emergency Services (Fire Chief)
Recommendation: That the City Council Approve the Resolution under Government Code Section 8630 Extending the Proclamation issued by the Director of Emergency Services proclaiming the existence or threatened existence of a local emergency.
Funding: Currently Budgeted: _______ Yes _________ No __XX___ N/A Net General Fund Cost: None
Account Code/Costs authorized in City Approved Budget (if applicable) AK (verified by Administrative Services Department)
INTRODUCTION:
This item is to request that the City Council Approve the Resolution under Government Code Section 8630 and Extending and Continuing the Local Emergency as Approved by the City Council at their March 17, 2020 City Council Meeting and as issued by the Director of Emergency Services (Fire Chief) proclaiming the existence or threatened existence of a local emergency. This was also Extended on May 5, 2020, July 7, 2020, September 1, 2020, October 20, 2020, December 15, 2020, February 2, 2021, March 16, 2021, May 4, 2021, June 15, 2021, August 3, 2021, September 21, 2021, November 16, 2021, January 4, 2022, March 1, 2022, April 19, 2022, June 7, 2022, August 2, 2022, and October 18, 2022, due to the need to continue with our Local Emergency during the Coronavirus COVID19 Pandemic.
Government Code Section 8630 States:
(a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
BACKGROUND
The United States of America has confirmed cases of individuals who have a severe acute respiratory illness caused by a novel (new) corona virus("COVID-19" or "the virus") first detected in Wuhan, Hubei Province, People's Republic of China ("China"). The virus was first reported in China on December 31, 2019. As of March 2, 2020, the World Health Organization ("WHO") has reported more than 3,000 deaths stemming from approximately 89,000 confirmed cases of COVID-19 and the virusis present in 67 countries. The number of confirmed cases has continued to escalate dramatically over a short period of time. World Health Organization (WHO) officials now report that Agenda Item #3 Agenda Item #3
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sustained human-to-human transmission of the virus is occurring. Transmission from asymptomatic individuals has been documented. Suspected community transmission of the virus is occurring in the United States. Although the majority of individuals infected with COVID-19 recover from the disease without special treatment, there is significant potential for serious infection and death. On January 30, 2020, the WHO declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America. On March 11, 2020, WHO declared that the Novel Coronavirus COVID-19 Outbreak a Global Pandemic. The United States Centers for Disease Control and Prevention (CDC) has determined that the virus presents a serious public health threat, requiring coordination among state and local health departments to ensure readiness for potential health threats associated with the virus. The County's Public Health Officer has found that the conditions constituting a threat to community health, including a presumptive case of community infection, may be present in the County warranting a proclamation of a Local Health Emergency.
DISCUSSION:
The threat of the COVID-19 Coronavirus will last an indefinite period and could significantly impact the health and safety of City employees and residents as well as critical public services. Conditions may require the provision of additional public safety and emergency services. The conditions of extreme peril warrant and necessitate the proclamation of a Local Emergency to enable the City of Sebastopol and other local government entities to adequately plan, prepare and preposition resources to be able to effectively respond to the threat posed by COVID19, and to warn City of Sebastopol residents and visitors of the threat posed by COVID-19 and to enable them sufficient time to plan and prepare.
Section 2.36.060 (a) of the Sebastopol Municipal Code empowers the Director of Emergency Services to Request the City Council to proclaim the existence or threatened existence of a “local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
Fire Chief Bill Braga, Acting as Director of Emergency Services, signed an Emergency Proclamation on March 12, 2020 (Attachment 1) which found that conditions of extreme peril to the safety of persons or property within the City exist, which has been caused by the Global Pandemic of the COVID-19 Coronavirus. The Council first extended the emergency proclamation at their May 5, 2020, City Council meeting in accordance with the government code and further extended the declaration at the October 18, 2022, City Council Meeting.
The Mayor and Vice-Mayor met and directed a number of measures be taken to safeguard the public, City staff, and Council members, including reducing or eliminating unnecessary travel, limiting large public meetings, limiting exposure and practice by what is being called “social distancing”, and reducing Council meetings to essential items only. We feel that the prudent and responsible course of action is to do everything that we can to limit the spread of the virus.
The City Council is requested to adopt the attached resolution (Attachment 3) Extending the Existence of a Local Emergency caused by the Novel Coronavirus COVID-19 Global Pandemic.
GOALS:
Goal SA 3: Protect the Safety of Life and Property by Ensuring Emergency Preparedness.
Policy SA 3-3: Provide an effective communications system to properly respond to emergencies and ensure interoperability with all County and State communications systems.
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Policy SA 3-5: Clearly communicate to the public the City’s plans, procedures, and responsibilities in the event of a disaster or emergency.
PUBLIC COMMENT:
As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report, such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of this item.
PUBLIC NOTICE:
This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date.
FISCAL ANALYSIS:
There is no financial impact with this decision tonight; however, the Extension of the Local Emergency may provide the opportunity for the City of Sebastopol to get reimbursed by Federal or State Agencies for with costs associated with the Novel Coronavirus COVID-19 related impacts.
RECOMMENDATION:
That the City Council adopt a resolution Extending the Declaration of a Local Emergency issued by the Director of Emergency Services.
ATTACHMENTS:
1. Emergency Proclamation
2. Resolutions Extending the Existence of a Local Emergency
3. Proposed \Resolution Extending the Existence of a Local Emergency Agenda Item #3 Agenda Item #3
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RESOLUTION NUMBER: _____________
CITY OF SEBASTOPOL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL PROCLAIMING THE EXTENSION OF THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE NOVEL CORONAVIRUS COVID-19 GLOBAL
PANDEMIC ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES
WHEREAS, the California Emergency Services Act (California Government Code sections 8630, 8550 et seq.) empowers the City Council to designate by ordinance a local official with the power to proclaim the existence of a local emergency when the City Council is not in session so long as such proclamation is ratified by the City Council within seven days; and
WHEREAS, Section 2.36.050 of the Sebastopol Municipal Code identifies the Fire Chief as the Director of Emergency Services; and
WHEREAS, based on said Novel Coronavirus COVID-19 Global Pandemic, the Fire Chief, Acting as Director of Emergency Services, of the City of Sebastopol declared the existence of a local emergency within the City on March 12, 2020 (Attachment 1); and
WHEREAS, the City Council ratified that Proclamation on March 17, 2020; and WHEREAS, Section 8630 of the California Emergency Services Act requires that the City Council of the City of Sebastopol review, at least every 60 days until such local emergency is terminated, the need for continuing the local emergency; and
WHEREAS, the City Council Adopted the First Extension of our Emergency Proclamation of Local Emergency on May 5, 2020, and Further Extended the Proclamations at the City Council Meetings of July 7, 2020, September 1, 2020, October 20, 2020, December 15, 2020, February 2, 2021, March 16, 2021, May 4, 2021, June 15, 2021, August 3, 2021, September 21, 2021, November 16, 2021, January 4, 2022, March 1, 2022, April 19, 2022, June 7, 2022, August 2, 2022, and October 18, 2022; and WHEREAS, the City Council of the City of Sebastopol has reviewed the need to continue the existence of a local emergency; and
WHEREAS, the impacts of these events are still currently being evaluated and can result in an unknown and significant amount of City expenses to cover the supplies, equipment, staff hours, and potential overtime of all City Departments.
NOW, THEREFORE, BE IT RESOLVED that the City of Sebastopol does hereby proclaim the Extension of the period of the Existence of a Local Emergency for an additional 60 days or unless sooner terminated; and BE IT FURTHER RESOLVED, that the City Manager or his designee is authorized to take whatever other action is authorized under the Sebastopol Municipal Code and state and federal law, subject to authorization required from the City Council, consistent with this Resolution and its basic purposes.
The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 6th day of December, 2022, by the following vote:
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VOTE:
Ayes:
Noes:
Abstain:
Absent:
APPROVED: ________________________________________
Mayor Patrick Slater
ATTEST: ______________________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM: ________________________________________________________ Larry McLaughlin, City Manager/Attorney
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