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Home My WebLink About08-26-2020 Special City Council Meeting Agenda PacketSaratoga City Council Agenda – August 26, 2020 - Page 1 of 2 SARATOGA CITY COUNCIL SPECIAL MEETING AUGUST 26, 2020 5:00 P.M. SPECIAL MEETING Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be entirely by teleconference. All Council members and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted in compliance with the Governor’s Executive Order N‐29‐20 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 during the COVID‐19 pandemic. Members of the public may view and participate in the meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/84162796158 or App (Webinar ID 841 6279 6158) and raising their hand when directed to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID 841 6279 6158, and pressing *9 to raise their hand to speak on an agenda item when directed; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99), calling 1.669.900.6833 or 1.408.638.0968, entering the Webinar ID 841 6279 6158, and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling 1.408.638.0968 or 1.669.900.6833, entering the entering the Webinar ID 841 6279 6158, and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Please mute your computer or television before giving public comment. The public will not be able to participate in the meeting in person. As always, members of the public can send written comments to the Council prior to the meeting by commenting online at www.saratoga.ca.us/comment prior to the start of the meeting. These emails will be provided to the members of the Council and will become part of the official record of the meeting. During the meeting the Mayor will explain the process for members of the public to be recognized to offer public comment. Saratoga City Council Agenda – August 26, 2020 - Page 2 of 2 In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting due to a disability, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. REPORT ON POSTING OF AGENDA The agenda for this meeting was properly posted on August 25, 2020. ROLL CALL AGENDA ITEMS Urgency Ordinance Temporarily Suspending the Operating Hour Limitations for Rotating Emergency Shelters Recommended Action: Approve the urgency ordinance temporarily suspending the operating hour limitations for rotating emergency shelters established in City Code Section 15-23.020(k). Staff Report Attachment A – Urgency Ordinance Temporarily Suspending the Operating Hours Limitations for Rotating Emergency Shelters Attachment B – Request from Saratoga Ministerial Association ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, Assistant City Manager for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on August 25, 2020 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 25th day of August 2020 at Saratoga, California. Crystal Bothelio, Assistant City Manager 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, copies of materials distributed to the City Council concurrently with the posting of the agenda, and materials distributed to the City Council by staff after the posting of the agenda are available on the City Website at www.saratoga.ca.us. Following removal of State and local shelter in place orders these materials will be available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II] To view current or previous City Council Meeting videos, visit www.saratoga.ca.us/council SARATOGA CITY COUNCIL MEETING DATE:August 26, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:Urgency Ordinance Temporarily Suspending the Operating Hour Limitations for Rotating Emergency Shelters RECOMMENDED ACTION: Approve the urgency ordinance temporarily suspending the operating hour limitations for rotating emergency shelters established in City Code Section 15-23.020(k). BACKGROUND: Since the CZU Lightning Complex Fire started, roughly 77,000 residents from San Cruz and San Mateo Counties have been evacuated. On August 23, 2020, CAL FIRE issued an evacuation warning for the western border of Santa Clara County outside of City limits as a result of the CZU Lightning Complex Fire. In response to faith-based organizations in Saratoga wanting to provide shelter to evacuees, the Saratoga Ministerial Association requested the City temporarily suspend the operating hours of rotating emergency shelters in the City Code to facilitate shelter operations. Currently, City Code Section 15-12.02099(k) limits the operating hours of rotating emergency shelters to 6:00 p.m. to 8:00 p.m. The attached urgency ordinance would temporarily suspend this restriction through December 31, 2020. If adopted, staff will work with the Rotating Safe Car Park volunteers to adapt the existing administrative guidelines and operations plan for rotating emergency shelter operations to accommodate sheltering needs for evacuees, such as an allowance for RVs. ATTACHMENTS: Attachment A –Urgency Ordinance Temporarily Suspending the Operating Hours Limitations for Rotating Emergency Shelters Attachment B –Request from Saratoga Ministerial Association 3 ORDINANCE NO. ___ AN URGENCY ORDINANCE OF THE CITY OF SARATOGA TEMPORARILY SUSPENDING THE OPERATING HOUR LIMITATIONS FOR ROTATING EMERGENCY SHELTERS WHEREAS, the CZU Lightning Complex Fire in the Santa Cruz Mountains started on August 17, 2020 as a result of lightning strikes; and WHEREAS, the Governor proclaimed a State of Emergency on August 18, 2020; the County of Santa Clara proclaimed a local emergency on August 19, 2020 that the Board of Supervisors will consider ratifying on August 25,2020; and the President of the United States declared that a major disaster exists in California as a result of the wildfires on August 22, 2020; and WHEREAS, as of August 24,2020 approximately 77,000 residents in Santa Cruz and San Mateo Counties have been evacuated as a result of the fire; and WHEREAS, on August 23, 2020, CAL FIRE issued an evacuation warning along the western border of Santa Clara County outside of City limits as a result of the CZU Lightning Complex Fire; and WHEREAS, Saratoga faith-based organizations would like to be able to provide shelter to evacuees from Santa Clara County, as well as neighboring counties; and WHEREAS, Saratoga City Code Section 15-12.020(k) currently restricts rotating emergency shelter operating hours to 6:00 p.m. to 8:00 a.m., and this would hamper sheltering operations for evacuees; and WHEREAS, this Ordinance is a temporary measure to suspend the City Code’s restriction on rotating emergency shelter operating hours to facilitate sheltering operations for evacuees through December 31, 2020, after which time it shall be of no further force and effect. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SARATOGA: SECTION 1. The requirement in Subsection 15-12.020(k) of the Saratoga Municipal Code that limits the operating hours of rotating emergency shelters to 6:00 p.m. to 8:00 a.m. is hereby suspended through December 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 4 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 whichare deemed true and correct, as well any oral and written testimony at the August 26, 2020 City Councilmeeting. SECTION 4. The City Council of the City of Saratoga held a duly noticed public meeting on August 26, 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 December 31, 2020, at which time it shall be of no further force and effect. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. The City Council finds that adoption ofthis Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that temporarily extending the operating ours for temporary emergency shelters for a limited period of time will not have a significant effect on the environment. SECTION 8. 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. Following a duly noticed public meeting the foregoing urgency ordinance was introduced and adopted as an urgency ordinance at the regular meeting of the City Council of the City of Saratoga held on August 26, 2020. COUNCIL MEMBERS: AYES: NOES: ABSENT: ABSTAIN: SIGNED: 5 DATE: Howard A. Miller MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Debbie Bretschneider CITY CLERK APPROVED AS TO FORM: DATE: Richard Taylor, CITY ATTORNEY 1280732.1 6 1 Crystal Bothelio From:Erik Swanson Sent:Monday, August 24, 2020 1:47 PM To:Howard Miller; James Lindsay Subject:request to City Council from Ministerial CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear City Council of Saratoga, We are so grateful to have the relationship with you that we do. In these difficult times for so many we are ever seeking ways to care for people in need. In that spirit and to allow us to legally and compassionately serve our neighbors in need, the Saratoga Ministerium requests emergency alterations to the hourly restrictions on Rotational Shelters in residential zones. If you have further questions please do not hesitate to contact me. May we all continue to work for the betterment of our community. Blessings, Rev. Erik Swanson for the Saratoga Ministerial Association ‐‐ Rev. Erik Swanson Westhope Presbyterian Church, Pastor May you know the wonder and joy of life in the Holy 7