REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution Terminating the Proclamation of Existence of a Local Emergency by the Director of Emergency Services
Report
BACKGROUND
Section 2.140.060 of the Code of the City of Santa Clara, California (“SCCC”) empowers the Director of Emergency Services to proclaim the existence or threatened existence of a “local emergency” when the City of Santa Clara is affected or likely to be affected by a public calamity.
Because conditions of extreme peril to the safety of persons and property arose in the City, caused by a novel coronavirus known as COVID-19, a Proclamation of a Local Emergency was issued by the Director of Emergency Services on March 11, 2020, and the City Council ratified this proclamation on March 17, 2020.
The Proclamation of Local Emergency provided the authority to:
• Provide and request mutual aid from state and other governmental agencies consistent with the provisions of local ordinances, resolutions, emergency plans, and agreements.
• Promulgate orders and regulations and exercise emergency police powers necessary to provide for protection of life and property.
• Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use.
• Require emergency services of any City officer or employee and activate the use of disaster service workers who shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers.
• Requisition necessary personnel or material of any City department or agency.
For the reasons set forth below and in the accompanying Resolution, the condition of extreme peril has abated and, therefore, the authority to implement the actions above is no longer needed. Termination of the proclamation of local emergency when conditions warrant is required by law.
DISCUSSION
The efforts required to prepare for, respond to, mitigate, and recover from the spread of COVID-19 imposed extraordinary requirements and expenses on the City, requiring diversion of resources from day-to-day operations and requiring City employees to serve as Disaster Service Workers.
None of the actions taken that the emergency proclamation provided the authority to implement are currently needed. No diversion of resources from day-to-day operations is currently required because of COVID-19, and no City employees are serving as Disaster Service Workers.
The Centers for Disease Control and Prevention (CDC) determined Santa Clara County had low community transmission of COVID-19 among the categories of low, medium and high during the months of September, October and November 2022. The City of Santa Clara did not terminate the Proclamation of Emergency out of an abundance of caution not knowing if there would be a holiday surge for COVID-19 as there was in 2020 and 2021. During the month of December 2022, the CDC’s determination of transmission in Santa Clara County fluctuated between medium and high.
Public health and infectious disease professionals have stated the worst of the holiday surge for COVID-19 is behind us, and the CDC has categorized Santa Clara County as having low community transmission of COVID-19 since January 12, 2023.
In addition, the County Public Health Officer’s recommendation regarding continued Remote Public Meetings of Governmental Entities has been rescinded.
California Government Code Section 8630 requires that the legislative body take action to proclaim the termination of a ratified emergency declaration once the emergency conditions have abated. As set forth above, a condition of extreme peril for COVID-19 no longer exists, it is recommended that Council adopt the attached Resolution terminating the declaration of emergency related to COVID-19, in accordance with the requirements of the Government Code.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact to the City. The City is not currently conducting any reimbursable activity for COVID-19.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution Terminating the Proclamation of Existence of a Local Emergency by the Director of Emergency Services.
Staff
Approved by: Nadine Nader, Chief Operating Officer
ATTACHMENTS
1. Proclamation of Local Emergency by Director of Emergency Services dated March 11, 2020
2. Resolution Terminating Proclamation of Local Emergency Regarding COVID-19