HomeMy WebLinkAboutCity Council Resolution 23-001 - Emergency Proclamation AffirmationRESOLUTION NO.23-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY 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 requires that the City
Council 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 which is or is likely to be
beyond the control of the services, personnel, equipment, and facilities of a local agency
proclaimed as such by the affected local agency; 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. Starting December 27, 2022, severe winter storms related to a series of atmospheric river
systems struck California and Santa Clara County, resulting in high winds, substantial
precipitation, and flooding.
2. The National Weather Service issued a High Wind Warning and Flood Watch in the City of
Saratoga on January 4, 2023 through January 5, 2023.
3. Beginning January 4 a series of four (4) atmospheric rivers were forecast to reach the City of
Saratoga through January 16, 2023, causing significant rainfall and high winds.
4. Heavy winds, saturated soils, and runoff may result in flooding, property damage, power
outages which pose threats to public safety during and after storm events.
5. On January 4, 2023, the County of Santa Clara proclaimed a local emergency due to the
inclement weather.
6. On January 4, 2023, California Governor Newsom proclaimed a state of emergency due to the
severe winter storms.
Resolution 23-001
Page 2
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 warranted and necessitated the proclamation of the
existence of a local emergency in the City on January 5, 2023 and those conditions are ongoing;
and
WHEREAS, the California Disaster Assistance Act (commencing at Government Code
section 8680) 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 January 5, 2023 at 5:00 p.m., the Director of Emergency Services of the
City of Saratoga proclaimed the existence of a local emergency within the City of Saratoga as set
forth on Attachment A and at that time the City Council of the City of Saratoga was not in session;
and
WHEREAS, the emergency conditions are on -going.
NOW, THEREFORE BE IT RESOLVED, PROCLAIMED, AND ORDERED THAT:
1. The local emergency proclaimed by the Director of Emergency Services 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 severe winter storms.
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 periodically
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 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.
Resolution 23-001
Page 3
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 due to the rapidly changing conditions associated with the weather events.
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 101h day of January 2023 by the following vote:
AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO,
MAYOR FITZSIMMONS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
�D-�1-6 r < i &ry)M byo
Kookie Fitzsimmons, Mayor
ATTEST:
L� ti cee_--
-LY&-
Britt Avrit, MMC, City Clerk
1604074.1
Resolution 23-001
Page 4
A PROCLAMATION BY THE DIRECTOR OF EMERGENCY SERVICES OF THE
EXISTENCE OF A LOCAL EMERGENCY
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 requires that the City
Council 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
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. Starting December 27, 2022, severe winter storms related to a series of atmospheric river
systems struck California and Santa Clara County, resulting in high winds, substantial
precipitation, and flooding.
2. The National Weather Service issued a High Wind Warning and Flood Watch in the City of
Saratoga on January 4, 2023 through January 5, 2023.
3. Current forecasts predicts several atmospheric rivers to reach the City of Saratoga causing
significant rainfall.
4. Heavy winds, saturated soils, and runoff may result in flooding, property damage, power
outages.
5. On January 4, 2023, the County proclaimed a local emergency due to the inclement weather.
6. On January 4, 2023, the California Governor Newsom proclaimed a state of emergency due to
the severe winter storms.
WHEREAS, 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 January 5, 2023 and establish that emergency
conditions are ongoing; and
Resolution 23-001
Page 5
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
NOW, THEREFORE BE IT PROCLAIMED THAT a local emergency exists throughout the
City of Saratoga from the time set forth below, and;
IT IS FURTHER PROCLAIMED AND ORDERED that 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; and, that this
emergency proclamation shall expire in 7 days after issuance unlesss ced d ratified by the
City Council of the City of Saratoga. �I
Jame Lindsay City Manager
1377 le Avenue
Sara ga, CA 9507
D e: t e 1-2— 2-
-rime: �� d f1 PM