HomeMy WebLinkAboutOrdinance 374- Urgency-Emergency sheltersORDINANCE NO.374
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
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 August 26, 2020 City Council meeting.
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 of this 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.
—Continued Next Page—
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.
AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council
Members Yan Zhao, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
SIGNED:
a, DATE: 0/�o
Z
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTES
(i )K '_� DATE:
�Z IZd "1�n
Deb re schneider, CMC
CITY CLERK
APPROVED AS TO FORM:
_ DATE: .��
Richard Taylor, CITY ATTORNEY
1281845.1
of SARq/0
CITY OF'SARATOGA
ORDINANCE CERTIFICATE
1956
�q(/FORN�P
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. 374, adopted by the Saratoga City Council on August 26, 2020 by the following vote:
AYES: Miller, Bernald, Zhao, Kumar
f►191* I
ABSTAIN:
ABSENT:
X9 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 date: September 4, 2020. Said ordinance shall be effective
September 2, 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 2nd day of September, 2020.
e ie retschneider, CIVIC, City Clerk