HomeMy WebLinkAboutOrdinance 368- Urgency ordinanceORDINANCE NO.368
AN URGENCY ORDINANCE OF THE CITY OF SARATOGA TEMPORARILY
AMENDING THE REQUIREMENT THAT THE CITY COUNCIL PERIODICALLY
REVIEW THE NEED FOR THE COVID-19 LOCAL EMERGENCY 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 "Comity") 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 which was confirmed by the Board of
Supervisors on February 10; 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, in the March 4, 2020 declaration of emergency the Governor waived until
the end of the statewide emergency the requirement of state law that local governments review
at least every 60 days the need for a local emergency; and
WHEREAS, on March 16, 2020, the City Manager for the City of Saratoga ("City")
declared a local emergency throughout the City related to COVID-19 and on March 18, 2020,
the Council ratified and continued the City Manager's declaration; 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 6-05.050(b)(1) provides:
(b) The Director of Emergency Services is hereby empowered to:
(1) Proclaim the existence of a "local emergency," or, if time permits, request
the City Council to do so at a duly noticed meeting. 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. The City Council shall review the need
for continuing the local emergency at least once every, thirty days until the
City Council terminates the local emergency. The City Council shall
proclaim the termination of the local emergency at the earliest possible date
that conditions warrant.
(italics added for emphasis); and
WHEREAS, the State of Emergency, the subsequent prohibitions on large gatherings,
and the Governor's and local shelter in place orders all indicate that the local emergency will
be of extended duration; and
WHEREAS, review of the need for the local emergency every 30 days as required by
the City Code will require staff resources and attention of the City Council at the expense of
devoting those resources and attention to providing emergency services and other essential
services; and
WHEREAS, this Ordinance is a temporary measure to amend the City Code's
requirement that a local emergency declaration be reviewed every 30 days to instead require
review every 60 days until the termination of the local emergency declared by Santa Clara
County.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
SARATOGA:
SECTION 1. The requirement in Subsection 6-05.050(b)(1) of the Saratoga Municipal Code that
the City Council review the need for continuing a local emergency at least once every thirty days
until the City Council terminates the local emergency is hereby temporarily amended to replace
the word "thirty" with the word "sixty" until the termination of the local emergency declared by
Santa Clara County.
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
the termination of the local emergency declared by Santa Clara County 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.
2
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:
ATTEST:
Debbie Bretschneider
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
3
G
Howard A. Miller, Mayor
City of Saratoga
DATE:
`�" C I� l Z o' Z O
DATE: `
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. 368, adopted by the Saratoga City Council on April 15, 2020 by the following vote:
AYES: Miller, Bernald, Cappello, Zhao, Kumar
NOES:
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 Apri
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 24th day of April 2020.
Debbie Bretschneider, City Clerk