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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