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HomeMy WebLinkAboutCity Council Resolution 23-016 Confirming Local Emergency ProclamationRESOLUTION NO.23-016 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: The San Francisco Bay Area region has seen a series of storms and atmospheric river systems that have brought high winds and extraordinarily levels of precipitation start in late December and continuing through March 2023. 2. The March 13 — 15, 2023 atmospheric river event produced winds that reached as high as 97 miles per hour at higher elevations and gusts in the range of 40 to 50 miles per hour at lower elevations at locations throughout Santa Clara County. This was followed by a record -setting low pressure system or "bomb cyclone" with high winds and rains March 21-22, 2023 and forecasts for rain in the following week. The combination of saturated soils and high winds caused numerous trees to fall and lose limbs that blocked roadways, produced widespread and extended power outages, and damaged public and private property and these conditions are expected to continue. The continued rain also exacerbated soil stability concerns that started to emerge with the series of storms starting in December 2022. Resolution 23-016 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 March 23, 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 March 23, 2023 at 12:50 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 storms. 3. The City Council requests that the Governor of the State of California include the City of Saratoga within the State emergency proclamation and request a federal declaration to provide assistance including, but not limited to, assistance under the California Disaster Assistance act (CDAA), Individual and Households Program, Public Assistance Program, Small Business Administration disaster program, and all other available assistance programs for damage and debris cleanup and mitigation to assist with losses, emergency repairs, and other recovery actions required by the City of Saratoga. 4. 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. 5. 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. 6. 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. Resolution 23-016 Page 3 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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 271h day of March 2023 by the following vote: AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO, MAYOR FITZSIMMONS NOES: NONE ABSENT: NONE ABSTAIN: NONE l� 42 Kookie Fitzsimmons, Mayor �- ATT Britt Avrit, MMC, City Clerk 1630553.1