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Home My WebLink AboutE-12 Staff Report - Resolution Extending Local Emergency1 CONSENT ITEM E-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: SERGIO GONZALEZ, CITY MANAGER MARCO A. MARTINEZ, CITY ATTORNEY DATE: APRIL 20, 2020 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING THE PROCLAMATION OF LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) RECOMMENDATION: It is recommended City Council: 1. Review and adopt the following Resolution No. 2020-C22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING THE PROCLAMATION OF LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) BACKGROUND: 1.On March 4, 2020, the Health Officer of Los Angeles County declared a local health emergency regarding Novel Coronavirus 2019 (COVID-19) and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles. 2.On March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19. 3.On March 13, 2020, the President of the United States declared a national state of emergency regarding COVID-19. On March 16, 2020, the City Council adopted a Resolution declaring a local state of emergency which gave authority to the City Manager in his role as Director of Emergency Services to implement measures in line with state APPROVED CITY COUNCIL 4/20/2020 2 and county health officials’ recommendations to slow the spread of COVID-19 while not impacting critical services. 4. On March 16, 2020, Governor Newsom also issued an Executive Order that will aid Californians affected by COVID-19 by authorizing local governments to halt evictions for both residential and commercial renters, encouraging financial institutions to slow foreclosures, and protecting renters and homeowners against utility shutoffs. 5. On March 19, 2020, Kathryn Barger, Chair of the Los Angeles County Board of Supervisors, issued an Executive Order prohibiting residential and commercial evictions in the unincorporated portions of the County under certain circumstances related to COVID-19. 6. On March 21, 2020 the Los Angeles County Department of Public Health issued a clarifying Safer at Home order, requiring all persons to remain at home to the extent possible, unless engaged in essential businesses. 6. On April 10, 2020 the Los Angeles County Department of Public Health extended their Safer at Home order to May 15, 2020 with the number of cases continuing to increase and as the virus spreads in the community. 7. On April 14, Governor Newsom stated that there was no timeline and specific goals must be met. ANALYSIS: California Government Code section 8630 et seq. authorize the City to declare a local emergency, which the City Council did at a special meeting on March 16, 2020. California Government Code sections 8634, 36934 and 36937 authorize the City Council to take action by ordinance to take effect immediately for the preservation of the public peace, health or safety. Government Code section 8630(c) requires that a governing body review the need for continuing the local emergency at least every 60 days until the governing body terminates the local emergency. As of April 15, 2020, there were 10,946 cases and 402 deaths in Los Angeles County related to COVID-19. If adopted, this resolution would extend the declaration of local emergency until either the declaration is terminated or the City evaluates and extends the declaration once more. FISCAL IMPACT: There is no fiscal impact arising from the proposed ordinance. 3 Prepared by: Fiscal Impact Review: Marco A. Martinez Talika M. Johnson City Attorney Director of Finance Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1) Resolution No. 2020-C22 1 RESOLUTION NO. 2020-C22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, California Government Code 8630, et seq., and Chapter 26 of Section 26-4 of the Azusa Municipal Code provide that the Azusa City Council (City Council) may proclaim local emergencies; and, WHEREAS, the City Council has been requested by the Director of Emergency Services to proclaim the existence of a local emergency therein; and, WHEREAS, COVID-19 has spread globally to over 117 countries, infecting more than 126,000 persons and killing more than 4,600 individuals worldwide. As of April 15, 2020, there were 10,496 cases, in Los Angeles County and 402 deaths related to COVID-19. Due to the expanding list of countries with widespread transmission of COVID-19, increasing travel alerts and warnings for countries experiencing sustained or uncontrolled community transmission issued by the Centers for Disease Control and Prevention (“CDC”), the escalation of United States domestic cases of and deaths from COVID-19, and the increasing number of COVID-19 cases in California, including Los Angeles County, COVID-19 has created conditions that are likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat; and, WHEREAS, on February 26, 2020, the CDC confirmed the first possible case of community transmission of COVID-19 in the United States. On March 4, 2020, the Health Officer of Los Angeles County determined that there is an imminent and proximate threat to the public health from the introduction of COVID-19 in Los Angeles County and declared a Local Health Emergency and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles; and, WHEREAS, on April 10, 2020 the Los Angeles County Public Health Director Barbara Ferrer extended the County’s stay at home order through at least May 15, 2020; and, WHEREAS, on March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19); and, WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly characterized COVID-19 as a pandemic; and, WHEREAS, on March 12, 2020 Governor Newsom of the State of California issued Executive Order N-25-20 in a further effort to confront and contain COVID-19 that among other things suspended certain provision of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and, Attachment 1 2 WHEREAS, on March 13, 2020, the President of the United declared a National Emergency due to the continue spread and the effects of COVID-19; and, WHEREAS, the State of California and numerous other public and provide organizations have announced the cancellation or postponement of all events where social distancing cannot be reasonably achieved; and, WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to COVID-19; and, WHEREAS, on March 16, 2020 the City declared a local emergency and adopted Resolution No. 2020-C11 proclaiming the existence of a local emergency regarding COVID-19; and, WHEREAS, Government Code section 8630(c) requires the governing body to review the need for continuing the local emergency at least every 60 days until the governing body terminates the local emergency; WHEREAS, the City Council does hereby find the following: 1. That the above recitals are true and correct and based thereon, hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health safety within the City of Azusa and constitutes conditions of extreme peril to the safety of persons and property within the City of Azusa; 2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Azusa; 3. That the conditions of extreme peril warrant and necessitate the extension of the proclamation of the existence of a local emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency continues to exists throughout City of Azusa in accordance with the proclamation adopted by the City Council on March 16, 2020 (Resolution No. 2020-C11). IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the continued threatened existence and actual existence of the local emergency the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council. 3 IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Azusa, State of California. PASSED, APPROVED and ADOPTED this _____ day of April, 2020. Robert Gonzales Mayor ATTEST: Jeffrey Lawrence Cornejo, Jr. City Clerk 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2020-C22 was duly adopted by the City Council of the City of Azusa, at a meeting thereof held on the 20th day of April 2020, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: Marco Martinez City Attorney Best Best & Krieger LLP