REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution Terminating the Proclamation of Existence of a Local Emergency by the Director of Emergency Services [Council Pillar: Enhance Community Engagement and Transparency]
Report
BACKGROUND
On May 29, 2020 and May 30, 2020, following the death of George Floyd, there were peaceful protests in the City of San José; however, additional civil unrest, including looting and rioting, in the downtown area of San José resulted in arrests, injuries, fires, and significant property damage. The San José Police Department anticipated looting and rioting to continue and to expand beyond the downtown area of San José. San José and Santa Clara have shared city borders where both Westfield Valley Fair and Santana Row shopping districts are located and were identified as locations of interest for protests and raids.
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, subject to ratification by the City Council within seven days. The City Manager proclaimed a State of Emergency for Civil Unrest on May 31, 2020 and Council ratified this proclamation on June 4, 2020. Thereafter, a curfew was ordered in Santa Clara and many nearby municipalities, which lasted for several days. Santa Clara’s curfew was lifted on June 2, 2020.
DISCUSSION
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. While protests have continued, they have been largely peaceful, and the Police Department has been able to effectively respond to any non-peaceful incidents that have arisen. The frequency, scope and degree of the emergency conditions that necessitated the original declaration have decreased such that the civil unrest no longer constitutes a condition of extreme peril to persons or property in the City of Santa Clara. Therefore, it is recommended that Council adopt the attached Resolution terminating the declaration of emergency related to the civil unrest, 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 other than administrative staff time.
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> .
RECOMMENDATION
Recommendation
Adopt a Resolution Terminating the Proclamation of Existence of a Local Emergency by the Director of Emergency Services.
Staff
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Resolution Ratifying the Proclamation of Existence of a Local Emergency by the Director of Emergency Services dated June 4, 2020
2. Resolution Terminating the Proclamation of Existence of a Local Emergency by the Director of Emergency Services