RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, CONFIRMING THE CITY MANAGER'S PROCLAMATION OF
EXISTENCE OF A LOCAL EMERGENCY IN ACCORDANCE WITH THE CALIFORNIA
GOVERNMENT CODE AND SANTA CLARITA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The City Council finds as follows:
A. The City of Santa Clarita provides public transportation services for persons within the City’s jurisdiction including those who are elderly, disabled, or otherwise require transportation (collectively, “Public Transportation”). In providing such services, the City contracts with MV Transportation (“MV”) to manage, maintain, and operate the Public Transportation.
B. The City itself neither employs nor supervises such drivers; they are solely MV employees and not public employees. MV employs drivers who are members of the Local 572 Teamsters Union (“Local 572”). MV and Local 572 have not reached an agreement in collective bargaining efforts. As a result, Local 572’s members commenced a labor strike beginning October 9, 2023. MV is not performing its obligations under its agreement with the City.
C. Providing Public Transportation is a significant part of protecting public health and safety. The sudden interruption in Public Transportation services constitutes a local “emergency” as contemplated by both Government Code § 8558(c)(1) and Santa Clarita Municipal Code (“SCMC”) § 2.40.020, as they are beyond the control of the City’s services, personnel, equipment, and facilities. Moreover, this condition does not arise from a labor controversy between the City or any of its employees; it is a failure to perform a Public Transportation agreement by MV.
D. On October 10 and October 17, the City Manager declared the existence of a local emergency. A copy of the administrative Declaration of Emergency is attached and incorporated by reference.
E. SCMC § 2.40.060 provides that in the event of an emergency, the City Manager may utilize “all City resources for the preservation of life and property and to reduce the effects of disaster….” As a result, the City Manager executed an emergency contract with Transit Systems Unlimited to provide Public Transportation services during, and until the cessation, of MV’s failure to perform its contract.
F. Government Code § 8630 and SCMC § 2.40.060 require that the City Council take action to ratify the local emergency.
SECTION 2: The City Council ratifies the proclamation of a local emergency made by the City Manager, serving as Director of Emergency Services, as follows:
A. The City Council finds that conditions of extreme peril to the safety of persons have been created within the City, caused by the labor strike between MV Transportation and its drivers, and requires emergency corrective actions until the known dispute is concluded.
B. In consequence of said conditions described, and pursuant to Government Code § 8630 and SCMC § 2.40.060, the City Council finds a local emergency now exists within the City of Santa Clarita as to Public Transportation services and ratifies the Proclamation of the City Manager/Director of Emergency Services. Additionally, the City Council reviews and approves the emergency actions of the City Manager/Director of Emergency Services, with respect to the emergency contract entered into with Transit Systems Unlimited.
C. The City Council also proclaims and orders that during this local emergency, the powers, functions, and duties of the Santa Clarita City Manager/Director of Emergency Services and the emergency organization of the City of Santa Clarita are those prescribed by California law including, without limitation, the SCMC.
D. The City Council will proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
SECTION 3: The City Council ratifies all actions undertaken by the City Manager since the commencement of the local emergency including, without limitation, executing Agreement No. FD0D1FCE2AF64B2C905C6EA5A8C83967 with Transit Systems Unlimited, Inc., for emergency transit services.
SECTION 4: Severability. If any part of this resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications, and to this end, the provisions of this resolution are severable.
SECTION 5: Electronic Signatures. This resolution may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6: Recordation. The Mayor, or presiding officer, is authorized to sign this resolution signifying its adoption by the City Council of the City of Santa Clarita and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 7: Effective Date. This resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED this 24th day of October 2023.
______________________________
MAYOR
ATTEST:
_______________________________
CITY CLERK
DATE:__________________________
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 23- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 24
th day of October 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
CITY CLERK