Item No: 70.

AGENDA ITEM COMMENTARY

medfordoregon.gov

DEPARTMENT: Legal AGENDA SECTION: Ordinances and Resolutions

PHONE: (541) 774-2020 MEETING DATE: April 21, 2022
STAFF CONTACT: Eric Mitton, City Attorney

COUNCIL BILL 2022-39

A resolution ratifying the Mayor’s Declaration of a Local State of Emergency as a Result of the Pacific
Pride Fire.

SUMMARY AND BACKGROUND

Council is requested to consider a resolution ratifying the Mayor’s Declaration of a Local State of
Emergency as a Result of the Pacific Pride Fire, through October 12, 2022.

PREVIOUS COUNCIL ACTIONS

None.

ANALYSIS
On April 12, 2022, a fire started in the area of 936 South Central Avenue, a Pacific Pride fueling station,
and rapidly involved the petroleum products stored at that location. The fire soon spread to other
neighboring businesses, ultimately destroying seven businesses in four buildings. The fire resulted
in a release of substantial quantities of petroleum products, which ultimately entered the City’s storm
drain system and then eventually Bear Creek, causing a yet-undetermined level of environmental
injury.

Pursuant to MMC Chapter 12, a state of emergency may be declared when there is “any human
caused or natural event or circumstances causing or threatening … injury to … property, … financial
loss, and includes, but is not limited to, fire, explosion … spills or releases of oil or hazardous material,
contamination … or the interruption of essential public services.” The emergency declaration allows
the City to take a variety of actions to address the emergency as listed in MMC 12.060, including
seeking assistance from State and Federal authorities, suspend standard City procurement
procedures for work related to the emergency, and direct departments of the City to take certain
actions to alleviate damage due to the emergency and provide for health and safety of the City’s
citizens.

COUNCIL GOALS
None.

FINANCIAL AND/OR RESOURCE CONSIDERATIONS

The Emergency Declaration itself does not have any direct costs to the City. The costs to the City
resulting from the Pacific Pride fire itself and the resulting petroleum discharge are not calculated
here.

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AGENDA ITEM COMMENTARY

medfordoregon.gov

TIMING ISSUES
Pursuant to MMC 12.050(1), Council should meet to consider ratification of the Mayor’s declaration
as soon as possible, and at latest at the next regularly-scheduled meeting.

COUNCIL OPTIONS
Approve the resolution as presented.
Modify the resolution as presented.
Deny the resolution and provide direction to staff.

STAFF RECOMMENDATION
Staff recommends approval of the resolution.

SUGGESTED MOTION
I move to approve the resolution as presented.

EXHIBITS
Resolution
Mayor’s Declaration of April 18, 2022

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 RESOLUTION NO. 2022-39

A RESOLUTION ratifying the Mayor’s Administrative Order dated April 18, 2022, and
in effect through October 12, 2022, for a Local State of Emergency in the City of Medford as a
Result of the Pacific Pride Fire.

WHEREAS, on April 12, 2022, a fire started in the area of 936 South Central Avenue, a
Pacific Pride fueling station, and rapidly involved petroleum products stored at that location, and
soon spread to other neighboring businesses, ultimately destroying seven businesses in four
buildings;

WHEREAS, the fire resulted in a release of substantial quantities of petroleum products,

which ultimately entered the City’s storm drain system and eventually Bear Creek. Bear Creek and
the surrounding area have suffered a yet-undetermined level of environmental injury as a result of
the petroleum discharge;

WHEREAS, pursuant to ORS 401.309(1), the governing body of a city may declare, by
ordinance or resolution, that a state of emergency exists within the city;

WHEREAS, pursuant to MMC Chapter 12, if the Mayor determines that a state of
emergency exists, the City may declare a state of emergency when there exists “any human caused
or natural event or circumstances causing or threatening loss of life, injury to person or property,
human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe
weather, earthquake, spills or releases of oil or hazardous material, contamination, disease, civil
disturbance, terrorism, riot, or the interruption of essential public services.” MMC 12.060 sets out
the actions the City can take, which include appropriate financial and procurement procedures and
various actions to address human suffering and financial loss resulting from emergencies; and

WHEREAS, Pursuant to MMC 12.050(1), the City Council shall consider ratification of
the Declaration of a State of Emergency at its next Council meeting; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDFORD,

OREGON:

Section 1. City Council hereby ratifies the Mayor’s Administrative Order dated April 12,
2022, and in effect through October 12, 2022, for a Local State of Emergency in the City of
Medford as a Result of the Pacific Pride Fire. The Order is attached hereto as Exhibit A and
incorporated by reference.

Section 2. This Resolution shall become effective immediately upon its passage by the
Council and approval by the Mayor.

PASSED by the Council and signed by me in authentication of its passage this 21st day of
April, 2022.

ATTEST:
City Recorder Mayor

Resolution No. 2022-39

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