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Home My WebLink AboutE-10 Staff Report - Resolution Extending Local Emergency COVID-191 CONSENT ITEM E-10 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: DECEMBER 21, 2020 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING AND UPDATING 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-C72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING AND UPDATING 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 16, 2020, the City Council adopted a Resolution No. 2020-C11, 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. On April 20, 2020 (Resolution No. 2020-C22), June 15, 2020 (Resolution No. 2020-C36), August 17, 2020 (Resolution No. 2020-C47), , and October 5, 2020 (Resolution No. 2020-C62) due to the ongoing COVID-19 pandemic, the Azusa City Council extended the emergency proclamation. APPROVED CITY COUNCIL 12/21/2020 EXTENDING THE PROCLAMATION OF LOCAL EMERGENCY December 21, 2020 Page 2 2 On December 6, 2020 a regional stay-at-home order went into effect for Southern California, as cases continued to soar and capacity at hospital intensive care units also continued to drop. Under the state’s four-tiered system, Los Angeles County continues to be in the highest risk tier, Purple (Tier 1), which indicates that the virus is “widespread” in the county. 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 December 10, 2020, there are 475,000 confirmed cases and 8.075 deaths due to the COVID-19 pandemic in Los Angeles County. If adopted, this resolution would extend the declaration of local emergency until either the declaration is terminated by the State of California, the City council or the City evaluates and extends the declaration once more. 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-C72 45635.01001\33529697.1 1 RESOLUTION NO. 2020-C72 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 69.1 million persons and killing more than 1.5 million individuals worldwide. As of December 10, 2020, there were 475,000 cases, in Los Angeles County and 8,075 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 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 provisions of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and, WHEREAS, on March 13, 2020, President Donald Trump declared a National Emergency due to the continue spread and the effects of COVID-19; and, Attachment 1 45635.01001\33529697.1 2 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, on April 20, 2020 (Resolution No. 2020-C22), June 15, 2020 (Resolution No. 2020-C36), August 17, 2020 (Resolution No. 2020-C47), and October 5, 2020 (Resolution 2020-C62), the Azusa City Council extended the declaration of local emergency; 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; and 2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Azusa; and 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 the City of Azusa in accordance with the proclamation adopted by the City Council on March 16, 2020 (Resolution No. 2020-C11) and extended on April 20, 2020 (Resolution No. 2020-C22), June 15, 2020 (Resolution No. 2020-C36), August 17, 2020 (Resolution No. 2020-C47), with the latest extension occurring on October 5, 2020 (Resolution 2020-C62). 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. 45635.01001\33529697.1 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 21st day of December, 2020. Robert Gonzales Mayor ATTEST: Jeffrey Lawrence Cornejo, Jr. City Clerk 45635.01001\33529697.1 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2020-C72 was duly adopted by the City Council of the City of Azusa, at a meeting thereof held on the 21st day of December 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