HomeMy WebLinkAboutCity Council Resolution 20-010 declaring emergencyRESOLUTION NO.20-010
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 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, 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.
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.
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 18t" day of March 2020 by the following vote:
AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members E.
Manny Cappello, Yan Zhao, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
Howard A. MilTer, Mayor
ATTES /
DATE:
De ie Bretschneider, City Clerk
1220241.2