Staff Report.Emergency Proclamation 2023 Storm
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/10/2023 ITEM NO: 1
DATE: January 9, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Ratifying the Director of Emergency Service’s Proclamation
of Local Emergency Pursuant to Government Code Section 54956.5 and Town
Code Section 8.10.035 and Government Code Section 8630.
RECOMMENDATION:
Adopt a resolution ratifying the Director of Emergency Service’s Proclamation of Local Emergency
Pursuant to Government Code Section 54956.5 and Town Code Section 8.10.035 and
Government Code Section 8630 (Attachment 1).
DISCUSSION:
Municipal Code Section No. 8.10.035, Article A-1 of the Los Gatos Municipal Code empowers
the Director of Emergency Services (Town Manager), 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. Starting December 27, 2022, a series of severe winter storms started to strike the
Bay Area. Since then, the National Weather Service (NWS) has continued to project a series of
storms with intensity and duration sufficient for heavy rainfall, strong winds, flooding, downed
trees and other debris, and power outages. Based on the aforementioned the Director of
Emergency Services issued a Proclamation of Local Emergency on January 4, 2023 (Attachment
2).
The Town Council is required to take action to ratify the proclamation within seven (7) days
thereafter or the proclamation shall have no further force or effect. Ratification of the Director
of Emergency Services’ proclamation of a local emergency allows the Town to:
PAGE 2 OF 3 SUBJECT: Adopt a Resolution to Ratify an Emergency Proclamation DATE: January 9, 2023
1. Make and issue rules and regulations on matters reasonably related to the protection
of life and property as affected by such emergency; provided, however, such rules and
regulations must be confirmed at the earliest practicable time by the Town Council;
2. Obtain vital supplies, equipment and such other properties found lacking and needed
for the protection of life and property and to bind the Town for the fair value thereof
and, if required immediately, to commandeer the same for public use;
3. Require emergency services of any Town officer or employee and, in the event of the
proclamation of a state of emergency in the County in which this Town is located or
the existence of a state of war emergency, to command the aid of as many citizens of
this community as the Director deems necessary in the execution of the Director's
duties; such persons shall be entitled to all privileges, benefits, and immunities as are
provided by State law for registered disaster service workers;
4. Requisition necessary personnel or material of any Town department or agency; and
5. Execute all of the Director's ordinary powers as Town Manager, all of the special
powers conferred upon the Director by this chapter or by resolution or emergency
plan pursuant hereto adopted by the Town Council, and all powers conferred upon the
Director by any statute, by an agreement approved by the Town Council, and by any
other lawful authority.
Termination of the proclamation of local emergency when conditions warrant is required by
law.
CONCLUSION:
Pursuant to the Town of Los Gatos Municipal Code and the California Government Code, these
actions must be ratified by the Town Council within seven days or the proclamation shall have
no further force or effect. Ratification of the Proclamation of Local Emergency is required by
law and allows the Town to exercise emergency powers as necessary.
COORDINATION:
This item was coordinated with the Disaster Council and Town Attorney.
FISCAL IMPACT:
No impact; however, the Town may be eligible for reimbursement for costs incurred associated
with the storms.
PAGE 3 OF 3 SUBJECT: Adopt a Resolution to Ratify an Emergency Proclamation DATE: January 9, 2023
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution Ratifying the Proclamation of a Local Emergency
2. Proclamation of a Local Emergency dated January 4, 2023