Attachment 1 - Resolution Ratifying Declaration of Emergency
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Resolution 2023- Council Meeting Date
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RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RATIFYING AND CONTINUING THE PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY ISUED BY THE DIRECTOR OF EMERGENCY SERVICES. WHEREAS, Municipal Code Section No. 8.10.035, Article A-1 of the Los Gatos Municipal
Code empowers the Director of Emergency Services, or in the Director's absence the Acting
Director, to proclaim the existence or threatened existence of a local emergency when the
Town of Los Gatos is affected or likely to be affected by a public calamity and the Town Council
is not in session, and
WHEREAS, pursuant to California Government Code Section 8680.9, 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, conditions of extreme peril to safety of persons and property have arisen
within the Town, based on the following:
1. Beginning December 27, 2022, severe winter storms related to a
series of atmospheric river systems struck California, bringing high
winds, substantial precipitation, and river and urban flooding; and
2. The National Weather Service continues to forecast that
additional and continuing storms related to this series of
atmospheric river systems threaten Santa Clara County and the
Town of Los Gatos, bringing heavy rainfall, expected flooding,
strong winds and wind gusts, falling debris, downed trees, and
widespread power outages; and
3. These storms threaten critical infrastructure, movement of
resources, burn scars from recent wildfires potentially causing
mud and debris flows; resulting in and threatening power outages
to households and businesses; and cause and continue to
threaten river and urban flooding due to excessive and prolonged
rainfall; and
4. Based on the aforementioned the Governor of the State of
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California, in accordance with the authority in the State
Constitution and statutes, including the California Emergency
Services Act, and in particular, Government Code Section 8625,
proclaimed a State of Emergency to exist throughout California on
January 4, 2023; and
5. On January 4, 2023, the County of Santa Clara proclaimed a local
emergency due to the severity and duration of winter storms; and
6. On January 8, 2023, President Biden approved an Emergency
Declaration for California allowing federal disaster assistance be
made available to the state of California to supplement state,
local and tribal response efforts due to emergency conditions
resulting from severe winter storms, flooding and mud slides
beginning Jan. 8, 2023, and continuing.
WHEREAS, the Town Council does hereby find that the above described conditions of
extreme peril did warrant and necessitate the proclamation of the existence of a local
emergency in the Town; 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 Town may
seek financial assistance and may request reimbursement of expenses incurred during any
response, if approved by the Director of the California Office of Emergency Services or
Concurrence or Governor’s Proclamation; and
WHEREAS, on January 4, 2023, the Director of Emergency Services issued a proclamation
declaring the existence of a local emergency within the Town; and
WHEREAS, the associated emergency conditions are on-going and the emergency should
not be terminated at this time;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
THAT:
1. The Proclamation of Existence of a Local Emergency (Exhibit A), as issued by the Director
of Emergency Services on January 4, 2023, is hereby ratified and confirmed.
2. The Town Council has reviewed the need for continuing the declaration of local
emergency and finds based on the severity and intensity of winter storms the threat
persists.
3. Said local emergency shall be deemed to continue to exist until terminated by the Town
Council of the Town of Los Gatos.
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4. The Director of the Office of Emergency Services is hereby directed to report to the
Town Council within sixty (60) days on the need for further continuing the local
emergency.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 10th day of January 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________