HomeMy WebLinkAboutE-7 Staff Report - Resolution Extending Local Emergency COVID-191
CONSENT ITEM
E-7
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: MAY 3, 2021
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. 2021-C22:
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), October 5, 2020 (Resolution No. 2020-C62), December 15,
2020 (Resolution No. 2020-C72), and February 16, 2021 (Resolution No. 2021-C09), due to the
ongoing COVID-19 pandemic, the Azusa City Council extended the emergency proclamation.
APPROVED
CITY COUNCIL
05/03/2021
EXTENDING THE PROCLAMATION OF LOCAL EMERGENCY
May 3, 2021
Page 2
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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.
On April 28, 2021, the Los Angeles County Department of Public Health has confirmed 31 new
deaths and 341 new cases of COVID-19. To date, Public Health identified 1,232,373 positive cases
of COVID-19 across all areas of L.A. County and a total of 23,831 deaths. The City of Azusa has
had 6,262 confirmed cases resulting in 118 deaths.
If adopted, this resolution would extend the declaration of local emergency until 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.
Reviewed and Approved:
Sergio Gonzalez
City Manager
Prepared by:
Marco A. Martinez
City Attorney
Attachment:
1) Resolution No. 2021-C22
1
RESOLUTION NO. 2021-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, infecting more than 150 million persons
and killing more than 3.15 million individuals worldwide. As of April 29, 2021, there were 1.23
million cases, in Los Angeles County and 23,831 deaths related to COVID-19. The City of
Azusa has had 6,262 confirmed cases resulting in 118 deaths; 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,
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,
Attachment 1
2
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), October 5, 2020 (Resolution 2020-
C62), December 15, 2021 (Resolution No. 2020-C72), and February 16, 2021 (Resolution No.
2021-C09), the Azusa City Council extended the declaration of local emergency; and
WHEREAS, as of April 20, 2021, the County of Los Angeles Public Health Department
has already administered 6,641,945 vaccine doses and 2,387,785 second doses; 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), October 5, 2020 (Resolution 2020-C62), December 15, 2021
(Resolution No. 2020-C72), with the latest extension occurring on February 16, 2021
(Resolution No. 2021-C09).
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.
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IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall
be deemed to continue to exist until its automatic termination at the time that the Governor of the
State of California terminates statewide emergency order due to COVID-19.
PASSED, APPROVED and ADOPTED this 3rd day of May, 2021.
Robert Gonzales
Mayor
ATTEST:
Jeffrey Lawrence Cornejo, Jr.
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2021-C22 was duly
adopted by the City Council of the City of Azusa, at a meeting thereof held on the 3rd day of
May 2021, 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