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Attachment 1 - Resolution Ratifying Declaration of Emergency 1 of 3 Resolution 2023- Council Meeting Date ATTACHMENT 1 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 2 of 3 Resolution 2023- Council Meeting Date ATTACHMENT 1 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. 3 of 3 Resolution 2023- Council Meeting Date ATTACHMENT 1 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: __________________