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HomeMy WebLinkAbout03-18-2020 City Council SPECIAL agenda packetSaratoga City Council Agenda – Page 1 of 2 SARATOGA CITY COUNCIL SPECIAL MEETING MARCH 18, 2020 Teleconference/Public Participation Information to Mitigate the Spread of COVID19 This meeting may include teleconference participation from a some or all Council Members in locations not open to the public in compliance with the Governor’s Executive Order N-25-20 suspending certain teleconference rules required by the Ralph M. Brown Act. The purpose of this order was to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation. On March 16, 2020, the Santa Clara County Health Officer ordered all individuals living in the County to shelter at their place of residence, with certain exceptions, including an exception for essential government services. The City of Saratoga Director of Emergency Services has determined that this Special City Council Meeting to consider actions related to the COVID19 emergency and other urgent matters is an “essential government function” for purposes of the County order. Members of the public may observe and offer public comment at the location specified below. Please note however that this meeting poses a heightened risk of COVID19 transmission and that in accordance with guidance from the Centers for Disease Control and the County Department of Public Health individuals older than age 50 and individuals with existing health conditions are at a particularly serious risk and it is recommended that they not attend. At the meeting the City will employ social distancing measures including maintaining at least six- foot social distancing from other individuals, having hand sanitizer available, and regularly cleaning high-touch surfaces. Attendees will be encouraged to cover coughs or sneezes (into the sleeve or elbows, not hands) and to not shake hands. The public is welcome to submit comments online at www.saratoga.ca.us/comment. All comments will be provided to the City Council as they are received. 6:00 PM CITY COUNCIL SPECIAL MEETING Saratoga City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga CA 95070 AGENDA ITEMS Appointment of Commissioner Recommended Action: Approve the resolution appointing 1 member to the Planning Commission and direct the City Clerk to administer the Oath of Office at a later date. Closeout of Arrowhead Community Facility District Bond Funds Recommended Action: Move to accept the Arrowhead Community Facility District (CFD) Improvement Project as complete, and adopt the attached resolution ordering the disposition of surplus amounts. Saratoga City Council Agenda – Page 2 of 2 Resolution Proclaiming a Local Emergency Recommended Action: Approve a resolution that would confirm and ratify the resolution proclaiming a local emergency issued by the City of Saratoga Director of Emergency Services on March 16, 2020 resulting from the spread of the novel coronavirus (COVID-19) in Santa Clara County. ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Debbie Bretschneider, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on March 17, 2020 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 17th day of March 2020 at Saratoga, California. Debbie Bretschneider, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. These materials are also posted on the City website. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408.868.1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] SARATOGA CITY COUNCIL MEETING DATE:March 18, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, City Clerk SUBJECT:Appointment of Commissioner RECOMMENDED ACTION: Approve the resolution appointing 1 member to the Planning Commission and direct the City Clerk to administer the Oath of Office at a later date. BACKGROUND: In December 2019, the City opened a recruitment for one full term on the Planning Commission for a term beginning on April 1, 2020 and ending on March 31, 2024.Applications were accepted until February 20, 2020. A total of 3 applications were received. Interviews were conducted on March 4, 2020. The City Council selected the following applicant to serve on the Commission: Name Commission Term Herman Zheng Planning Commission April 1, 2020 –March 31, 2024 ATTACHMENTS: Attachment A –Resolution of Appointment 3 RESOLUTION NO. 20-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING MEMBER TO THE SARATOGA PLANNING COMMISSION WHEREAS, one vacancy was created on the Planning Commission from the expired terms of Leonard Almalech who was not eligible for reappointment; WHEREAS, the City announced the vacancies in December 2019, accepted applications until February 20, 2020 and the City Council conducted interviews on March 4, 2020. NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following individual is appointed to the following terms: Name Commission Term Herman Zheng Planning Commission April 1, 2020 – March 31, 2024 The above and foregoing resolution was passed and adopted at a special meeting of the Saratoga City Council held on the 18 th day of March 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor Attest: Debbie Bretschneider, City Clerk 4 SARATOGA CITY COUNCIL MEETING DATE:March 18, 2020 DEPARTMENT:Finance & Administrative Services PREPARED BY:Mary Furey, Administrative Services Director, SUBJECT:Closeout of Arrowhead Community Facility District Bond Funds RECOMMENDED ACTION Move to accept the Arrowhead Community Facility District (CFD) Improvement Project as complete, and adopt the attached resolution ordering the disposition of surplus amounts. BACKGROUND In 2017, the Arrowhead Community Facility District was formed, comprised of 39 residential properties that belonged to a neighborhood water cooperative. This hillside neighborhood, located between Rolling Hills Road and Blue Hills Lane near Prospect Road, is semi-rural with a heightened wildfire risk. Because of the risk, the neighborhood was very concerned about their inadequate and failing water service, and over many years had developed a plan to improve their infrastructure that would allow access to San Jose Water Company’s water system. However,funding the improvement was an obstacle. With the City’s assistance, the Arrowhead Special Tax District was formed to create a legal body for the purpose of approving a bond that would provide the financing for a water main line extension and individual property hookups. With a unanimous vote, owners of the 39 residential properties accepted full financial responsibility for this project and bond issuance. In December of 2018, the Arrowhead Community Facilities District No. 2016-1 (Arrowhead Project) bond was issued. Owners of 15 of the Arrowhead Community Assessment District properties chose to fund their share of the project themselves. The remaining 24 participated in the bond issuance. Subsequently, one of the 24 bond holders later paid off their share of the bond as a condition of their home sale. DISCUSSION The Arrowhead Community Facility Assessment District contracted with San Jose Water to construct a water main line extension, and with other contractors to complete water line hookups to individual properties. San Jose Water has submitted a letter to the City stating they have completed the project. Arrowhead Community Assessment District representatives have verified all other work is completed and all project expenses are paid. In addition, Public Works and Building staff have completed inspections of the main line work and residential property hookups. As part of Arrowhead Community Facility District and San Jose Water’s agreement to construct the main line, the new infrastructure became San Jose Water Company property. The remainder of the improvement project work was on private property. 5 With the completion of the project, the bond funds that were set up to pay for 1) the issuance of the bond and 2) the cost of improvements can now be closed. The Arrowhead District contracted with NBS to complete the attached Bond Closeout Analysis Report to provide a final accounting. Per the City and Arrowhead Cooperative agreement, the property owners who paid cash would receive their share of surplus funds returned to them. Property owners who participated in the bond issuance would have their share of surplus funds used to pay toward bond debt. This report documents the construction and financing of the improvement project is final, and seeks Council authorization for the close and disposition of the bond’s Cost of Issuance and Improvement surplus funds as described in the City of Saratoga Community Facility District No. 2016-1 (Arrowhead Bond) indenture. Attachment B is a resolution to this effect. ATTACHMENTS: Attachment A – Community Facilities District No. 2016-1 Bond Closeout Analysis Report Attachment B – Resolution to Closeout Arrowhead Bond Cost of Issuance and Improvement Project Fund 6 nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 District Funds Closeout Analysis Report For: Community Facilities District No. 2016-1 Special Tax Bonds, Series 2018 (Arrowhead Project) March 2020 Atttachment A 7 Community Facilities District No. 2016-1 Special Tax Bonds, Series 2018 Closeout Report 1 EXECUTIVE SUMMARY The City of Saratoga (the “City”) formed Community Facilities District No. 2016-1 (Arrowhead Project) (“the District”) in December of 2016. The District was formed pursuant to the Mello-Roos Community Facilities ACT of 1982, California Government Code Section 53311 et seq. The City Council of the City passed Resolution No. 18-062 authorizing the City to incur bonded indebtedness necessary to pay the costs of the facilities, including construction costs and all costs incidental to, or connected with, the accomplishment of the facilities. The types of facilities to be financed by the District are water storage, transmission and delivery facilities, including but not limited to: pump stations, motor control center, storage tanks, pipes, valves, related building, fire hydrants, and other related facilities. The District may also finance bond related expenses, administrative fees, and reimbursement of costs related to the formation of the District advanced by the City. The facilities are now complete and unused funds remain in the associated Improvement Fund and Cost of Issuance Fund (COI). The City has confirmed that all costs of the facilities have been paid and there are no outstanding reimbursement requests. Accordingly the remaining balances should be declared surplus and disposed of pursuant to the Indenture and the First Amendment to the Funding Agreement for the District. The fund balances used to prepare this report are as of February 15, 2020. The City has retained NBS to perform the Closeout Analysis Report (the “Closeout Report”) for the District. NBS Jason Roth, Senior Consultant Dave Ketcham, Client Services Director Atttachment A 8 Community Facilities District No. 2016-1 Special Tax Bonds, Series 2018 Closeout Report 2 TABLE OF CONTENTS Executive Summary ............................................................................................................... 1 Funds Analysis ................................................................................................................ 3 Disposition of Funds ....................................................................................................... 4 2.1 Cost of Issuance Fund ................................................................................................ 4 2.2 Improvement Fund .................................................................................................... 4 Notice of Completion of Public Improvements ................................................................ 5 Surplus Fund Calculations ............................................................................................... 7 4.1 Annual Savings........................................................................................................... 7 Atttachment A 9 Community Facilities District No. 2016-1 Special Tax Bonds, Series 2018 Closeout Report 3 FUNDS ANALYSIS The following table shows the funds analysis prepared for the District. The analysis reflects the February 15, 2020 fund balances associated with the District. Cost of Issuance Pursuant to Section 4.03 (B) of the Indenture COI Fund Balance as of 2/15/2020 $73,091.98 Less amount transferred to the Administrative Expense Fund 73,091.98 Ending Balance $0.00 Improvement Fund Pursuant to Section 2.3 of the First Amendment to the Funding Agreement Improvement Fund Balance as of 2/15/2020 $283,747.71 Refund from San Jose Water 340,886.88 Less consultant fee 12,500.00 Ending Balance $612,134.59 Total amount available to refund property owners $612,134.59 Amount to each of the 39 property owners $15,695.76 Amount of refund to 16 property owners that prepaid(1) $251,132.14 Amount transferred to Bond Fund to lower debt service $361,002.45 (1) Includes 15 property owners that prepaid prior to bond issuance and one property owner that prepaid after bond issuance. Atttachment A 10 Community Facilities District No. 2016-1 Special Tax Bonds, Series 2018 Closeout Report 4 DISPOSITION OF FUNDS 2.1 Cost of Issuance Fund Pursuant to Section 4.03 (B) of the Indenture dated December 1, 2018 (the “Indenture), the trustee shall maintain the COI Fund for a period of 90 days from the date of the delivery of the bonds and then shall transfer any moneys remaining, including any investment earnings to the Administrative Expense Fund. In accordance with Section 4.07 (B) of the Indenture, amounts transferred from the COI Fund shall be separately identified at all times and shall be expended for purposes of the Administrative Expense Fund prior to the use of amounts transferred to the Administrative Expense Fund from the Special Tax Fund. Therefore, the total amount in the COI Fund should be transferred to the Administrative Expense Fund. 2.2 Improvement Fund Pursuant to Section 2.3 of the First Amendment to the Funding Agreement, the excess amount will be disbursed in the following manner: a. Excess funding will be divided by 39, representing the total number of property owners with equal construction cost contributions. b. Distribution checks will be prepared and remitted to the 16 property owners who prepaid their share of facilities costs, in the amount of 1/39th share of the excess funds. c. The remaining excess funds will be transferred to the Bond Fund to lower the debt service on the bonds. Once the remaining excess funds are transferred to the Bond Fund, the pro-rata distribution is dissolved and the remaining excess funds are no longer reimbursable to individual property owners who subsequently elect to prepay their special tax obligation in accordance with the Rate and Method of Apportionment. Atttachment A 11 Community Facilities District No. 2016-1 Special Tax Bonds, Series 2018 Closeout Report 5 NOTICE OF COMPLETION OF PUBLIC IMPROVEMENTS The following page provides the Notice of Completion of Public Improvements signed by the Director of Public Works. Atttachment A 12 Atttachment A 13 Community Facilities District No. 2016-1 Special Tax Bonds, Series 2018 Closeout Report 7 SURPLUS FUND CALCULATIONS The following table contains the 16 parcels that prepaid their special tax. The current property owners will each be refunded $15,695.76 by the City. APN Owner Name Street Address City State Zip Refund 366-06-005 SHAH PANNA R 21270 BLUE HILLS LN SARATOGA CA 95070 $15,695.76 366-06-010 HANSEN PAUL E AND DEE A TRUSTEE 21401 PROSPECT RD SARATOGA CA 95070 15,695.76 366-06-011 NEVITT ANDREW J AND MONICA C 21465 PROSPECT RD SARATOGA CA 95070 15,695.76 366-06-016 TAN THIAN HOO AND CHAI LAN TRUSTEE & ET AL & LE BEN TRUSTEE 21925 ARROWHEAD LN SARATOGA CA 95070 15,695.76 366-06-019 FAR ALI TASDIGHI AND PANTEA BOZORG TRUSTEE 21451 ARROWHEAD LN SARATOGA CA 95070 15,695.76 366-06-022 CHEN HUEY C TRUSTEE 21250 BLUE HILLS LN SARATOGA CA 95070 15,695.76 366-06-025 ANNAMALAI KADIRESAN AND THAMILARASI 21360 BLUE HILLS LN SARATOGA CA 95070 15,695.76 366-06-026 NELSON ATSUKO T TRUSTEE 21350 BLUE HILLS LN SARATOGA CA 95070 15,695.76 366-06-040 LEE YISHENG AND RUEI CHING TRUSTEE 21403 PROSPECT RD SARATOGA CA 95070 15,695.76 366-06-047 RAU UDAY AND SMITHA TRUSTEE 21975 ARROWHEAD LN SARATOGA CA 95070 15,695.76 366-07-004 HILYARD RICHARD L AND JEANETTE M TRUSTEE 22500 ROLLING HILLS RD SARATOGA CA 95070 15,695.76 366-07-006 KELLY BRUCE E TRUSTEE & ET AL & KELLY NANCY TRUSTEE 110 CARDINAL LN LOS GATOS CA 95032 15,695.76 366-07-009 LIU JIAN AND BAI SHUANG 22505 ROLLING HILLS RD SARATOGA CA 95070 15,695.76 366-07-014 ELEPHANTECH RH LLC 16158 KENNEDY RD LOS GATOS CA 95032 15,695.76 366-07-015 NORTON GARTH L TRUSTEE & ET AL & GOBALET JEANNE G TRUSTEE 22361 ROLLING HILLS RD SARATOGA CA 95070 15,695.76 366-32-007 FERNANDES NEUFITO L TRUSTEE & ET AL & FERNANDES SHEILA M TRUSTEE 22101 ROLLING HILLS RD SARATOGA CA 95070 15,695.76 Pursuant to Section 2.1 of the First Amendment to the Funding Agreement, the remaining $361,002.45 will be used to lower debt service by retiring debt ahead of its scheduled maturity on September 1, 2020. 4.1 Annual Savings The following table shows the expected annual levy savings following the September 1, 2020 bond call. Fiscal Year 2019/20 Special Tax Per Parcel (1) Fiscal Year 2020/21 Special Tax Per Parcel Annual Savings $7,760 $6,614.87 $1,145.96 (1) Actual levy per parcel was reduced to $7,000 per Resolution 19-035. Atttachment A 14 Attachment B RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE COST OF ISSUANCE AND IMPROVEMENT FUNDS AS SURPLUS, ORDERING THE DISPOSITION OF SURPLUS AMOUNTS, APPROVING THE DISTRICT FUNDS CLOSEOUT ANALYSIS REPORT PREPARED BY NBS FOR CITY OF SARATOGA COMMUNITY FACILITIES DISTRICT NO. 2016-1 (ARROWHEAD PROJECT), AND ACCEPTING THE NOTICE OF COMPLETION OF PUBLIC IMPROVEMENTS. WHEREAS,the City Council of the City of Saratoga (“City”) previously established the City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Project) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Government Code Section 53311 (the “Act”); and WHEREAS, the City Council of the City of Saratoga (the “City Council”) on December 22, 2016, duly adopted its Resolution No. 16-076establishing the City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Project) for the purpose of providing for the financing of certain public facilities in and for such Community Facilities District; and, WHEREAS, at an election held in such Community Facilities District on May 2, 2017, the qualified electors therein duly authorized the propositions of the incurrence of the bonded debt and the levy and collection of a special tax; and, WHEREAS, the City Council of the City of Saratoga, by Resolution No. 18-062, authorized the issuance of $3,000,000 principal amount of special tax bonds, through private placement, for the purpose of financing such facilities; and, WHEREAS,an Indenture between the City and The Bank of New York Mellon Trust Company, dated December 1, 2018 established multiple funds; and, WHEREAS,the public facilities financed by the special tax bonds for the Arrowhead Project have been completed; and, WHEREAS, on February 15, 2020, based on the “District Funds Closeout Analysis Report” prepared by NBS, the City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Project) surplus funds exist in the following amounts: Fund Balance as of February 15, 2020 Cost of Issuance $73,091.98 Improvement 624,634.59 15 Attachment B NOW THEREFORE,the City Council of the City of Saratoga hereby resolves as follows: 1.The above recitals are all true and correct and this City Council so finds and determines. 2.A Notice of Completion of Public Improvements was completed and signed by the Director of Public Works of the City of Saratoga. 3.The City Council declares the fund balances above to be surplus. 4.The City Council approves the “District Funds Closeout Analysis Report” prepared by NBS for the City on file with the City Clerk. 5.The City Council orders the disposition of said surplus funds, less closeout fees and administrative expenses, in the manner described in the “District Funds Closeout Analysis Report City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Project)” prepared by NBS. The above and foregoing resolution was passed and adopted at a special meeting of the Saratoga City Council held on the 18 th day of March 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: Debbie Bretschneider,City Clerk 16 SARATOGA CITY COUNCIL MEETING DATE:March 18, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:James Lindsay,City Manager SUBJECT:Resolution Proclaiming a Local Emergency RECOMMENDED ACTION: Approve a resolution that would confirm and ratify the resolution proclaiming a local emergency issued by the City of Saratoga Director of Emergency Services on March 16, 2020 resulting from the spread of the novel coronavirus (COVID-19)in Santa Clara County. BACKGROUND: In recent days, the number of confirmed cases of COVID-19 have rapidly increased. Based on the County Department of Public Health’s increased infection case reports, orders,and expanded guidance to deter community spread, a large part of the Saratoga population and the City’s workforce may be at risk of contracting COVID-19. On March 16, 2020, the Santa Clara County Health Officer issued a legal order directing residents of the County to shelter at home for three weeks beginning on March 17, 2020 to slow the spread of COVID-19 and preserve critical health care capacity across the region. Based on the County’s infection case reports and expanded guidance and recommendations, the City determined that a large part of its workforce and resident population are at risk of contracting COVID-19. COVID-19 will also impact the City’s ability to conduct business and programs, as infection containment and mitigation measures will result in the reduction or adjustment of meetings, public gatherings, City programs, City Council meetings and other operations that cannot be easily or immediately automated or executed remotely. In addition, due to the COVID- 19 outbreak there are likely potential disruptions in service delivery.impacts on revenue from event cancellation, and social distancing accommodations, costs associated with workplace modification accommodations and requirements that some employees shelter in place. Saratoga City Code Section 6-05.050 authorizes the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Saratoga is affected or likely to be affected by a public calamity and the Saratoga City Council is not in session. Due to the order to shelter at home and the risk of prolonged impacts a COVID-19 outbreak could have on the community, employees, and operations, the Director of Emergency Services proclaimed the existence of a local emergency in the City of Saratoga on March 16, 2020 at 6:45 p.m. 17 The City Council is required to take action to confirm and ratify the proclamation within seven (7) days or the proclamation shall have no further force or effect. Approval of the resolution confirming and ratifying the resolution proclaiming a local emergency provides the City of Saratoga with greater flexibility to respond to disaster conditions, such as allowing obtaining critical supplies and resources, seeking mutual aid, and requiring City employees to provide emergency services. It also allows the City to exercise emergency police powers, such as evacuation; provides immunity for emergency actions; authorizes issuance of orders and regulations and activation of preestablished emergency provisions. The City Council is required by City Code to review the need continuing the local emergency every 30 days. At the earliest possible date warranted by conditions, the City Council will be asked to proclaim the termination of the local emergency. FOLLOW UP ACTION: City Council review of the local emergency proclamation will be scheduled for the next regular meeting on April 15, 2020. ATTACHMENTS: Attachment A – Resolution Confirming and Affirming the Resolution Proclaiming a Local Emergency 1220251.2 18 RESOLUTION NO. 20-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING THE EXISTENCE OF A LOCAL EMERGECY PROCLAIMED BY THE DIRECTOR OF EMERGENCY SERVICES WHEREAS, Saratoga City Code Section 6-05.020 defines an emergency as the actual or threatened conditions of disaster; and WHEREAS, the Emergency Services Act, Government Code section 8630, and Saratoga City Code Section 6-05.050 authorize the Director of Emergency Services or Acting Director in the Director’s absence to proclaim theexistence or threatened existence of a local emergency when the City of Saratoga is affected or likely to be affected by a public calamity and the Saratoga City Council is not in session, and require that the City Council shall take action to ratify the proclamation within seven (7) days thereafter, or the proclamation shall have no further force or effect; and WHEREAS, pursuant to California Government Code Sections 8680.9 and 8558(c), a local emergency is a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected by a natural or manmade disaster; and WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary powers to issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, obtain vital supplies, and require emergency services of employees; and WHEREAS, a local emergency proclamation is a prerequisite for requesting state or federal assistance; and WHEREAS, threatened conditions of extreme peril to the safety of people and property have arisen within the City of Saratoga caused by: 1. A novel coronavirus (named “COVID-19”) was first detected in Wuhan City, Hubei Province, China in December 2019. The Centers for Disease Control and Prevention (CDC) determined the virus to be a very serious public health threat. 2. On January 30, 2020, the World Health Organization declared the COVID-19 outbreak a Public Health Emergency of International Concern. 3. On January 30, 2020, the United States Secretary of Health and Human Services declared a Public health Emergency. 4. On January 31, 2020, the first case of COVID-19 was confirmed in Santa Clara County (“County”). 5. On February 10, 2020, the County declared a local health emergency and proclaimed a local emergency and ratified and extended the Proclamation on March 10, 2020. 6. On March 11, 2020, the World Health Organization declared COVID-19 an international Pandemic. 7. On March 13, 2020, the President of the United States proclaimed the COVID-19 outbreak in the United States a National Emergency beginning March 1, 2020. 19 8. On March 16, 2020, the County reported having 138 cases of COVID-19 with increased community spread and joined with five other Bay Area Counties to issue a regionwide order directing all individuals living in the County to shelter at their place of residence, with certain exceptions. 9.The efforts required to prepare for, respond to, mitigate, and recover from the emergency conditions caused by COVID-19 have imposed or will impose extraordinary requirements and expenses on the City; and WHEREAS, the Saratoga City Council does hereby find that the aforesaid conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Saratoga; and WHEREAS, the aforesaid conditions warrant and necessitate the proclamation of the existence of a local emergency in the City on March 16, 2020 and establish that emergency conditions are ongoing; and WHEREAS, California Government Code, Title 2, Division 1, Chapter 7.5 - California Disaster Assistance Act (CDAA) allows that with the Proclamation of a Local Emergency the City may seek financial assistance and may request reimbursement of the significant expenses incurred during response, if approved by the Director of the California Office of Emergency Services or Concurrence or Governor’s Proclamation; and WHEREAS, on March 16, 2020 at 6:45 p.m., the Director of Emergency of the City of Saratoga did proclaim the existence of a local emergency within the City of Saratoga and at that time the City Council of the City of Saratoga was not in session; and WHEREAS, the associated emergency conditions are on-going and the emergency should not be terminated at this time. NOW, THEREFORE BE IT RESOLVED THAT: 1. The local emergency proclaimed by the Director of Emergency of the City of Saratoga is hereby ratified and confirmed; 2. The City Council has reviewed the need for continuing the declaration of local emergency and finds based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19. 3. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Saratoga, and until such time, the City Council shall review, until the local emergency is terminated, the need for continuing the local emergency. 4. During the existence of said local emergency the powers, functions, and duties of the emergency organization of the City of Saratoga shall be those prescribed by State law, by ordinances, and resolutions of this City. 5. The Director of Emergency Services shall make such orders as needed to comply with the County “Shelter In Place” Order together with any related personnel matters; and, the Director of Emergency Services is hereby directed to report to the City Council within thirty (30) days on the need for further continuing the local emergency. 20 6. City staff is hereby authorized and directed to take any action that may be necessary or convenient to assist in obtaining federal, state or regional disaster/ emergency relief funding. 7. The City Manager or his designee is hereby designated as the authorized representative of the City of Saratoga for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain county, state or federal relief assistance. 8. The City Clerk shall forward a copy of this resolution to the Governor, to the California Office of Emergency Services, to the Santa Clara County Office of Emergency Management, and to all other appropriate county, state and federal agencies with an interest therein. 9. City staff is hereby authorized and directed to take any and all actions that they or the City Attorney may deem necessary or advisable in order to effectuate the purpose and intent of this Resolution. 10. As provided in Saratoga Municipal Code section 6-05.050 and Government Code section 8634, the Council hereby reaffirms that the Director of Emergency Services is authorized to promulgate orders and regulations necessary to provide for the protection of life and property during the existence of this local emergency. Such orders and regulations shall be in writing and shall be given widespread publicity and notice. The City Council hereby recognizes that it is not practicable to have the City Council confirm such regulations and orders during a countywide shelter in place order. 11. This Resolution shall take effect immediately upon its adoption. The above and foregoing resolution was passed and adopted at a special meeting of the Saratoga City Council held on the 18 th day of March 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 1220241.2 21