HomeMy WebLinkAboutOrdinance 367- Urgency- Commission attendanceORDINANCE NO.367
AN URGENCY ORDINANCE OF THE CITY OF SARATOGA TEMPORARILY
SUSPENDING THE REQUIREMENT THAT APPLICANTS FOR CITY COMMISSIONS
ATTEND A COMMISSION MEETING PRIOR APPLYING FOR THE POSITION AND
SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY
WHEREAS, on February 3, 2020 and pursuant to Section 101080 of the California
Health and Safety Code, the Santa Clara County Health Officer (the "Health Officer") declared
a local health emergency throughout Santa Clara County (the "County") related to the novel
coronavirus ("COVID-19"); and
WHEREAS, on February 3, 2020, and pursuant to Section 8630 of the California
Government Code, the Santa Clara County Director of Emergency Services proclaimed a local
emergency throughout the County related to COVID-19; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State
of Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for a
broader spread of COVID-19; and
WHEREAS, on March 16, 2020, the City Manager for the City of Saratoga ("City")
declared a local emergency throughout the City related to COV ID-19 and on March 18, 2020,
the Council ratified and continued the City Manager's declaration; and
WHEREAS, also on March 16, 2020 the County, along with five other Bay Area
counties, issued a sweeping a Shelter in Place Order which was subsequently extended on
March 31, 2020; and
WHEREAS, to stop the spread of COVID-19, on March 19, 2020 Governor Newsom
issued Executive Order EO N-33-20 ordering all individuals living in the State of California
(with limited exceptions) to stay home or at their place of residence until further notice; and
WHEREAS, Saratoga Municipal Code subsection 2-12.020(a) provides:
Except as provided in Section 2-12.20(b), all Commissioners shall:
1. Be a resident of the City of Saratoga;
2. Be a registered voter of the City of Saratoga;
3. Prior to being interviewed for appointment to a Commission, have attended
at least one meeting of the Commission to which appointment is being
sought;
4. Not hold any elected public office in any jurisdiction, any place or position of
employment with the City of Saratoga; and
5. Satisfy any additional eligibility requirements specified in the ordinance or
resolution establishing the Commission.
(italics added for emphasis); and
WHEREAS, as a result of the State of Emergency and the subsequent prohibitions on
large gatherings, and shelter in place orders, many meetings of City Commissions have been
cancelled or postponed, making it impossible or unduly difficult for Saratoga residents wishing
to apply for a position on a Commission to comply with subsection 2-12.020(a)(3) of the
Saratoga Municipal Code which requires that all City Commissioners attend at least one
meeting of a Commission prior to applying for a position on that Commission; and
WHEREAS, this Ordinance is a temporary measure to suspend the attendance
requirement until August 31, 2020, after which time all affected Commissions are expected to
be meeting again either in person or through virtual meetings.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
SARATOGA:
SECTION 1. Subsection 2-12.020(a)(3) of the Saratoga Municipal Code is hereby suspended and
shall be of no force and effect from the day this ordinance is adopted until August 31, 2020.
SECTION 2. Government Code section 36937(a) authorizes the adoption of an urgency
ordinance to protect the public peace, health or safety, where there is a declaration of the facts
constituting the urgency and the ordinance is adopted by four -fifths of the Council.
SECTION 3. The City Council hereby finds, determines and declares that this urgency
ordinance adopted pursuant to California Government Code section 36937 is necessary because
there is a current and immediate threat to the public health, safety and/or welfare and a need for
immediate preservation of the public peace, health, or safety that warrants this urgency measure,
which finding is based upon the facts stated in the recitals above, all of which are deemed true
and correct, as well any oral and written testimony at the April 15, 2020 City Council meeting.
SECTION 4. The City Council of the City of Saratoga held a duly noticed public meeting on April
15, 2020, and after considering all testimony and written materials provided in connection with
that meeting introduced this ordinance and waived the reading thereof.
SECTION 5. This urgency ordinance shall take effect immediately upon adoption in accordance
with the provisions set forth in Government Code section 36937 and shall remain in effect until
August 31, 2020 at which time it shall be of no further force and effect.
SECTION 6. A summary of this ordinance shall be published in a newspaper of general circulation
of the City of Saratoga within fifteen days after its adoption.
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Following a duly noticed public meeting the foregoing urgency ordinance was introduced and
adopted at the regular meeting of the City Council of the City of Saratoga held on April 15,
2020.
AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members E.
Manny Cappello, Yan Zhao, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
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ATTEST:
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e bie Bretschneider
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
3
Howard A. Miller, Mayor
City of Saratoga
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DATE: ti-I 61 2 Q z C
CITY OF SARATOGA
ORDINANCE CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF SARATOGA
CERTIFIED COPY OF ORDINANCE
ADOPTION
I, Debbie Bretschneider, City Clerk for the City of Saratoga in said County of Santa Clara, and
State of California, do hereby certify that the attached is a true and correct copy of Ordinance
No. 367, adopted by the Saratoga City Council on April 15, 2020 by the following vote:
AYES: Miller, Bernald, Cappello, Zhao, Kumar
061:.11
ABSTAIN:
ABSENT:
Ordinance I hereby further certify that a summary of the urgency ordinance was
Summary published in accordance with Government Code Section 36933 on the
following dates: April 24, 2020. Said ordinance shall be effective April
24, 2020.
❑ Ordinance I hereby further certify that the full text of the ordinance was published
Full Text in accordance with Government Code Section 36933 on the
Said ordinance shall be effective
Dated this 24' day of April 2020.
e ie Bretschneider, City Clerk