HomeMy WebLinkAboutE-6 Staff Report - Resolution Extending Local Emergency COVID-191
CONSENT ITEM
E-6
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: AUGUST 17, 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-C47:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
EXTENDING THE PROCLAMATION OF LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19)
BACKGROUND:
On March 4, 2020, Governor Newsom of the State of California declared a State of Emergency
in response to the COVID-19.
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.
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 and county health officials’ recommendations to slow the
spread of COVID-19 while not impacting critical services. The City Council extended the
APPROVED
CITY COUNCIL
8/17/2020
EXTENDING THE PROCLAMATION OF LOCAL EMERGENCY
August 17, 2020
Page 2
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Resolution declaring a local state of emergency on April 20, 2020. State law requires the City
Council to consider that proclamation every 60 days and determine whether it is still needed.
As of August 4, 2020, there were 195,614 cases, in Los Angeles County and 1,901 deaths related
to COVID-19. Due to the increasing number of cases in the State of California and the dramatic
rise in hospitalizations within Los Angeles County, the County is on the COVID-19 California
Watch List. COVID-19 has created conditions that are likely beyond the control of local
resources and require the combined forces of other political subdivisions to combat.
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 17, 2020, and extended on
April 20, 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 or until the governing body terminates the local
emergency.
If adopted, this resolution would extend the declaration of local emergency until either the
declaration is terminated by the State of California or by the City Council.
FISCAL IMPACT:
There is no fiscal impact arising from the proposed ordinance.
Prepared by: Reviewed and Approved:
Marco A. Martinez Sergio Gonzalez
City Attorney City Manager
Attachment:
1) Resolution No. 2020-C47
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RESOLUTION NO. 2020-C47
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, 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 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,
WHEREAS, on March 16, 2020 the City Council declared a local emergency and
adopted Resolution No. 2020-C11 proclaiming the existence of a local emergency regarding
COVID-19 and on April 20, 2020, the City Council adopted Resolution No. 2020-C22 extending
the existence of a local emergency regarding COVID-19; 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 13, 2020, the President of the United States declared a National
Emergency due to the continue spread and the effects of COVID-19; and,
WHEREAS, after preparing to reopen, California has pulled back amid a surge of
COVID-19 infections; and,
Attachment 1
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WHEREAS, as of August 4, 2020, there were 195,614 cases, in Los Angeles County and
1,901 deaths related to COVID-19. Due to the increasing number of cases in the State of
California and the dramatic rise in hospitalizations within Los Angeles County, the County is on
the COVID-19 California Watch List. COVID-19 has created conditions that are likely beyond
the control of local resources and require the combined forces of other political subdivisions to
combat; 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, 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.
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.
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PASSED, APPROVED and ADOPTED this 17th day of August, 2020.
Robert Gonzales
Mayor
ATTEST:
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
Marco A. Martinez
City Attorney
Best Best & Krieger LLP
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2020-C47 was duly
adopted by the City Council of the City of Azusa, at a meeting thereof held on the 17th day
of August 2020, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Jeffrey Lawrence Cornejo, Jr.
City Clerk