HomeMy Public PortalAbout02) 4A Adoption of Resolution No. 20-5457 Proclaiming existence of local emergency regarding novel coronavirusAGENDA
ITEM 4.A.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: March 13 , 2020
TO: The Honorable City Counci l
FROM : Bryan Cook , City Manager
By: Brya n A ri izumi , Pub li c Safety S upervis or
SUBJECT: ADOPTION OF RESOLUTION NO. 20-5457, PROCLAIMING EXIST ENC E
OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS
(COVID -19)
RECOMMENDATION :
T he City Cou nci l is requested to adopt Resolution No . 20-5457 (Attachmen t "A "),
proclaiming existence of a local emergency regarding Novel Coronavi ru s (COVID -19).
BACKGROUND:
1. On March 4, 2 020 , the Health Officer of Los A ngeles County declared a local
health emerge ncy (Attachment "B") regarding CO V I D-19 and the Los Angeles
County Boa rd of Supervisors co ncu rre ntly p ro c la imed th e exis tence of a loca l
emergency (Attac hment "C") for th e County of Los A ngeles .
2. On March 4 , 2020 , Governor Newsom of the Stat e of California declared a State
of Eme rg e ncy (Att achment "D") in res ponse to th e CO VI D-19 (Corona Virus
Disease 19).
3 . On March 11, 2 020 , the Wo rl d Health Organization (WHO) publicly characterized
COVI D-19 as a p andemic .
4 . On March 12 , 2020 , Governo r Newsom of the State of Ca l ifo rn ia issued Executive
Order N-25-20 (Attachment "E") i n a further effo rt to confront an d contain COVI D-
19 that among oth er things suspended certain provisions of the Ralph M . Brown
A ct providi ng loca l agencies w ith greate r flexibi lity to ho ld meetings via
teleconfere nci ng .
5 . On Ma rch 13, 2020 , the Preside nt of the United States declared a national state of
emergency rega rdi ng CO VI D-19 .
City Counci l
March 13 , 2020
Page 2 of 3
ANALYSIS:
COVID-19 , a new communicable disease was first detected in Wuhan City, Hubei
Province , China in December 2019 . COVID-1 9 has since spread globally to over 117
countries , i nfecting more than 126 ,000 persons and killing more than 4 ,600 individuals .
To slow the spread of COVID -19 , the Los Angeles County Health Officer declared a
local health emergency . The declaration allows the health officer to take preventative
measures that may be necessary to protect the public and preserve public health from
any pub li c health hazard during an emergency . Concurrent with the declaration of a
local health emergency, the Los Angeles County Board of Supervisors (Board)
proclaimed the existence of a local emergency .
When conditions of disaster or of extreme peril to the safety of persons and property
arise and when these cond itions are likely to be beyond the control of services ,
personnel , equipment, and facilities of a local jurisdiction , the existence of a local
emergency may be proclaimed . A proclamation of a local emergency by the Board ,
allows the County of Los Angeles (County) to :
• Mobilize local resources ;
• Coordinate interagency response;
• Accelerate procurement of vital supplies ;
• Use mutual aid; and
• Seek reimbursement from State and Federal governments .
A proclamation of a local emergency by the City Council would allow Temple City to the
take the same actions as the County . It w ill also allow the Director of Emergency
Services (i.e ., City Manager) to :
• Make or issue rules and regulations reasonably related to the protection of life
and property; and
• Require emergency services of any city employee .
CITY STRATEGIC GOALS:
Proclaiming existence of a local emergency will further the City's Strateg ic Goa ls of
Good Governance, Public Health and Safety , and Citizen Education and
Communication
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2019 -20 City Budget.
City Counci l
March 13, 20 20
Page 3 of 3
ATTACHMENTS:
A . Resolution No. 20-5457
B. Declarat ion of a Local Health Emergency Regard ing Novel Coronavirus (COVID-19)
C. Los Angeles County Procl amation of Existence of a Local Emergency
D. State of California Proclamation of a State of Emergency
E. State of California Executive Order N-25-20
ATTACHMENT A
RE SOLUTION NO . 20 -5457
A RESOLUTION OF T H E CITY CO UNCIL OF T HE CITY O F
T EMPLE CI TY PROCLAIMING E XISTENCE OF A LOCAL
EMERGENCY R EGARDING NOVEL CORONAVIRUS (CO V ID -
19)
WHEREAS , Ca liforn ia Government Code section 54956 .5 authorizes the City Counci l to hold
emergency meetings on shortened notice to address emergency situations as determined by a maj ority of
the City Council ; and,
W H EREAS , California Government Code 8630 , et seq ., and Chapter 7 of Tit le 2 of the Temple
City Mun ici pa l Code provide that the Temple City City Council (City Council ) may proclaim the existence
of a loca l emergency when the City of Temple City (City) is affected or likely to be affected by public
calamity ; and
W H EREAS , the City Council has been requested by the Director of Emergency Services to
proc laim the ex istence of a local emergency therein ; and
WHEREAS , COVID-19 has spread globally to over 117 countries , infecting more than 126 ,000
persons and killin g more than 4,600 in dividuals worldwide . As of March 12, 2020 , there were 32 cases,
including four by community transmiss ion, in Los Angeles County and one death related to COVID-19.
Due to the expanding list of countries with widespread transmission of COVID-19 , increasing travel alerts
and warnings for countr ies experiencing sustained or uncontrolled community transmission issued by the
Centers for Disease Contro l and Prevention ("CDC "), the escalation of United States domestic cases of
and deaths from COVID-19 , and the iden tification of COVID-19 cases in California, including Los Angeles
County , COVID-19 has created cond itions that are likely to be beyond the contro l of lo cal resources and
require the combined forces of other poli tical subdivisions to combat; and
WH EREAS , on February 26, 2020, the CDC confirmed the first possible case of community
transm ission of COVID-19 in the United . On March 4, 2020, the Hea lth 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 Hea lth Emergency and the Los Ange les County
Boa rd 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 ,
WH EREAS , on March 11 , 2020 the World Hea lth Organization (WHO) publicly characterized
COVID-19 as a pandemic; and,
WH ERAS , 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 CO VI 0-19 that among other th ings suspended
certain provision of the Ra lph M. Brown Act prov iding local agencies with greater f lexibility to hold
meetings via te leconfere ncing ; and ,
WHEREAS , on March 13 , 2020 , the Pres ident of the United declared a Nationa l Emergency due
to the continue spread and the effects of COVID-19; and ,
WHEREAS, the State of Ca liforn ia and numerous other publ ic and provide organ izat ions 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 reso urces, coordinate interagency response ,
acce lerate procurement of vital suppli es , use mutual aid , and seek future reimbu rsement by the State and
Federa l governments will be critical to successfu ll y responding to COVID-19; a nd
W HEREAS , the City Council does hereby find the following :
1. That the above rec itals are true and correct and based thereon , hereby finds that the
spread and potent ial further spread of COVID-19 constitutes a situation that severely
imp airs the pub lic health and safety w ithin the City of Temple City and constitutes
cond itions of extreme pe r il to the safety of persons and property within the City of Temple
City ;
2 . That these cond itions are likely to be beyond the control of the services, personnel,
equ i pment, and facilities of the City of Temple City ;
3. That the cond it ions of extre me peril wa rran t and necessitate the proclamation of the
existence of a loca l emergency;
4 . That these condit ions j ustify the holding of an emergency meeting of the C ity Council as
autho r iz ed by California Government Code section 54956 .5 for the purpose of declaring a
local emerg ency.
NOW, THEREFORE , IT IS HEREBY PROCLAIMED that a local emergency now exists
throughout Temple City.
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that duri ng the threatened ex istence
and actual existence of the loca l emergency , the powers , functions and duties of the Directo r of
Emergency Services and the emergency organization of the City sha ll 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, as authorized in Government Code
Sections 8630 and 54956 .5 and Chapter 7 of T itle 2 of the T emp le City Mu nicipal Code and based on the
fo regoing , an "emergency" as defined in Government Code section 54956.5(a) and Tem ple C ity Municipal
Code section 2-7-1 and a "loca l emergency" as defined in Government Code section 8558 (c) here by
exists within the territorial jurisd ict ion of the City of Temp le City and is deemed to continue to exist, and
shall be reviewed at least once every 60 days, unti l its term ina tio n is procla imed by the City Counc il of the
City of Temple City .
IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are pa id in a time ly
manner, the City Manager and the City Treasurer are authorized and directed to approve the cla ims and
demands, make payments thereo n, and f inally to bring those claims and demands to the City Council at
future meetings fo r ratification of the payments made .
IT IS FURTHER PROCLAIMED AND ORDERED that the City Council will utilize , to the extent
reasonably feasi ble and appropriate, the ability to conduct its council meetings via teleco nferencing and
other electron ic means to pe rmit councilmembers and members of the publ ic to adopt social d istancing to
the greatest extent possible while still proceed ing wi th the efficient handl ing of the City 's bus iness , in
compliance w ith Ca l ifornia Executive Order N-25-20 .
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of th is proclamation be forwarded
to the Director of Ca li fornia Governor's Office of Emergency Services requesting that the Director f ind it
acceptable in accordance with State law; that the Governo r of California , pursuant to the Emergency
Services Act, issue a proclamation declaring an eme rgency in Los Angeles County ; that the Governor
waive re gulations that may hinder response and recovery efforts ; that recovery assistance be made
available under the Ca l iforn ia Disaste r Ass istance Act; and tha t th e State expedite access to State and
Federal resources and any other appropria te federa l disaster re li ef prog rams .
IT IS FURTHER PROCLAIMED AND ORD ERED that said local emergency shall be deemed to
continue to exist until its te rmination is proclaimed by the City Counci l of the City of Templ e City, State of
California.
PASSED , APPROVED AND ADOPTED this 13th day of March, 2020.
TOM CHAVEZ, MAYOR
ATTEST: APPROVED AS TO FORM :
PEGG Y KUO , CITY C LERK GREG MUR PHY , CITY ATTORNE Y
I hereby certify th at the forego ing reso lut io n, Reso lution No. 20-5457, was duly passed , approved and
adopted by the C ity Council of the City of Temple City at a regu lar meeting held on the 13th day of March ,
2020, by the following vote :
AYES :
NOES :
ABSENT:
ABSTAIN :
Councilmember-
Councilmember-
Councilmember-
Councilmember-
PEGGY KUO , CITY CLERK
ATTACHMENT 8
DECLARATION OF A LOCAL HEALTH EMERGENCY
REGARDING NOVEL CORONAVIRUS (COVID-19)
WHEREAS, Califo rnia Health and Safety Code section 101080 authorizes a local
health officer to declare a local health emergency within the health officer's jurisdiction ,
whenever the local health officer reasonably determines that there is an imminent and
proximate threat of the introduction of any contagious, infectious , or communicable
disease , chemical agent, noncommunicable biolog ic agent, toxin, or radioactive agent;
and
WHEREAS , California Health and Safety Code section 101040 authorizes the
local health officer to take any preventive measure that may be necessary to protect the
publ ic and preserve public health from any public health hazard during an emergency;
and
WHEREAS, the Health Officer of the County of Los Angeles makes the following
findings:
Novel coronavirus (COVID-19), a new communicable disease, was first detected
in Wuhan City, Hubei Province , China in December 2019. COVID-19 has since spread
globally to over 68 countries , infecting more than 90,000 persons and killing more than
3,000 individuals. Symptoms of the virus include fever, cough , and shortness of breath,
and infected individuals have experienced a range of outcomes , from mild sickness to
severe illn ess and death . On January 30 , 2020, the World Health Organization
declared the COVID-19 outbreak a Public Health Emergency of International Concern .
On January 31 , 2020, the United States Secretary of Health and Human Services, Alex
M. Azar II , declared a Public Health Emergency to aid the nation in responding to
COVID-19. On February 2 , 2020, the federal government began restricting the entry of
foreign nationals traveling to the U.S . from affected countries, and enhanced the
screening of U.S . citizens, residents and family members returning to the U.S . from
impacted countries , performing risk assessments and requiring monitoring, federal
quarantine, or medical isolation and care based on assessed risk.
To combat the spread of COVID-19, the counties of Orange , Santa Clara , San
Diego, Sonoma, and the city a nd county of San. Francisco have each declared local
health emergencies and proclaimed local emergencies .
Although coronaviruses are a group of viruses that are known to the medical
community , this is a new type of human coronavirus . As cases are identified and
investigated and their contacts monitored , we are confirming our understanding about
the modes and duration of transmission , period of infectivity , spectrum of disease, cas e
fatality, persons most at risk of serious illness, and optimal therapy in the absence of
specific treatments. Currently , there is no va ccine to prevent or specific antiviral
treatment for COVID-19.
In Los Angeles County, there have now been seven confirmed cases of COVID -19,
with additional test results pending . All five cases are linke d to known exposures . This will
likely increase in the future , based on the following :
HOA .I028 10296 .1
There was a signifi cant escalation of United States domestic cases of and deaths from
COVID-19 over the past week. As of March 3, 2020 , there were 60 US cases , includ ing 6
deaths from COVID-19 .
In California, as of March 2 , 2020 there are 43 COVID-19 cases: 24 are from
repatriation flights. The other 19 confirmed cases include ten that are travel related and two
due to person-to-person exposure from family contact, three due to person-to-person
exposure in a health care facility and four from unknown sources . The County Department of
Public Hea lth continues to monitor 600 to 1000 returning travelers who are deemed to be at
medium risk of exposure to COVID-19, based on the current screening procedures at Los
Angeles Internationa l Airport (LAX), and who could develop the disease up to 14 days after
their last exposure to the virus .
The above facts raise the likelihood of widespread community transmi ssion occurring
among the general public in the United States and the need for the County of Los Angeles
and public to work cooperatively and proactively to slow the spread of COVID-19 and
address any challenges that may arise due to this disease in Los Angeles County.
WHEREAS , the Health Officer of the County of Los Angeles does hereby find that
there is an imminent and proximate threat to public health from the introduction of
COVID-19 in Los Angeles County.
NOW, THEREFORE , the Los Angeles County Health Officer hereby declares that
a local health emergency now exists in the County of Los Angeles.
This declaration shall remain in effect for no longer than seven days unless ratified
by the Los Angeles County Board of Supervisors and continued for up to an additional
30 days.
Date: March 4, 2020
Time : 8 :00AM
IIOA 102 81 0296 1
'~~}l:d. ~~~PI/
I
Muntu Davis, M.D., M.P.H.
County Health Officer
County of Los Angeles
AT TACHMENT C
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY BY THE CHAIR OF THE LOS ANGELES
COUNTY BOARD OF SUPERVISORS AND REQUEST FOR A STATE PROCLAMATION
WHEREAS, Chapter 2.68 of the Los Angeles County Code provides that the Chair of the Los Angeles County
Board of Supervisors (Board) may proclaim the existence of a lo cal emergency when the County of Los
Angeles (County) is affected or likely to be affected by a public calamity and the Board is not in session; and
WHEREAS, the Cha ir of the Board finds that, beginning on March 4, 2020, conditions of disaster or of extreme
peril to the safety of persons and property arose as a result of the introduction of the novel coronavirus
("COVID-19"), a novel communicable disease, which was first detected in Wuhan City, Hubei Province,
China in December 2019. COVID-1 9 has since spread globally to over 68 countries, infecting more than
90,000 persons and killing more than 3,000 individuals worldwide. As of March 3, 2020, there were 60
COVID-19 cases identified in the United States , including 43 cases in California. In Los Angeles County,
there have been five confirmed cases of COVID-19, with additional test results pending . Due to the
expanding list of countries with widespread transmission of COVID-19, increas ing travel alerts and warnings
for countries experiencing sustained or uncontrolled community transmission issued by the federal Centers for
Disease Control and Prevention ("CDC "), the escalation of United States domestic cases of and deaths from
COVID-19, and the identification of COVID-19 cases in California, including Los Angeles County , COVID-19
has created conditions that are or 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 spread of COVID-
19 in the Un ite d States . Over the past week, there has been a significant escalation of United States domestic
cases of and deaths from COVID-19. The Health Officer of Los Angeles County has determined that there is
an imminent and proximate threat to the public health from the introduction of COVID-19 in Los Angeles
County, and has concurrently declared a Local Health Emergency; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate
procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal
governments will be critical to successfully responding to COVID-19; and
WHEREAS, these conditions warrant and necessitate that the County proclaim the existence of a local
emergency.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED by the Chair of the Board that a local
emergency exists in Los Angeles County, and the local emergency shall not remain in effect for a period in
excess of seven days unless it has been ratified by the Board ; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said loca l emergency the
powers, functions, and duties of the emergency organizat ion of the County shall be those prescribed by state
law , by ordinances, and resolutions of the County; and
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director
of California Governor's Office of Emergency Services request ing that the Director find it acceptable in
accordance with State law ; that the Governor of Californ ia, pursuant to the Emergency Services Act, issue a
proclamation declaring an emergency in Los Angeles County; that the Governor waive regulations that may
hinder response and recovery efforts; that recovery assistance be made available under the California Disaster
Assistance Act; and that the State expedite access to State and Federa l resources and any other appropriate
federal disaster rel ief programs.
EXECU TIVE DEPARTMENT
STATE O F C ALIF O RNIA
PROCLAMATION OF A STATE OF EMERGENCY
ATTACHMENT 0
WHEREAS in December 2019, an outbreak of respiratory illness due
to a novel coronavirus (a d isease now known as COVID-19), was first
identified in Wuhan City, Hubei Province, China, and has spread outside
of China, impacting more than 75 countries , including the United States;
and
WHEREAS the State of California has been working in close
collaboration with the national Centers for Disease Control and Prevention
(CDC), with th e United States Health and Human Services Agency, and
with local health departments sin ce December 2019 to monitor and plan
for the potential spread of COVID-19 to the United States; and
WHEREAS on January 23, 2020 , the CDC activated its Emergency
Response Sys tem to provide ongoin g support for the response to COVID-
19 across the country; and
WHEREAS on January 24, 2020, the California Department of Publ ic
Health activated its Medical and Health Coordination Center and on
March 2, 2020, the Office of Em ergency Services activated the State
Operations Center to support and guide state and local actions to
preserve public health; and
WHEREAS t he California Department of Public Health has been in
regular com munication with hospitals, clinics and other health providers
and has provided guidance t o health facilities and providers regarding
COVID-19; and
WHEREAS as of March 4, 2020, across the globe, there are more
than 94,000 confirmed cases of COVID-19, tragically resulting in more than
3,000 deaths worldwide; and
WHEREAS as of March 4, 2020 , there are 129 confirmed cases of
COVID -19 in the United States, including 53 in California, and more than
9.400 Californians across 49 counties are in home monitoring based on
possible travel-based exposure to the v irus , and officials expect the
number of cases in Califo rnia, the United States , and worldwide to
increase; and
WHEREAS for more than a decade California has had a robust
pandemic influ enza plan, supported local governments in the
development of local plans, and required that state and local plans be
regularly u pdated and exercised; and
WHEREAS California has a strong federal. state and local public
health and h ealth care delivery system that has effectively responded to
prior events including the HI N 1 influenza virus in 2009 , and most recently
Ebola; and
WHEREA S experts anticipate that while a high percentage of
individuals affected by COVID-19 will experience mild flu-like symptoms,
some will have more serious symptoms and requ ire hospitalization .
particularly individuals who are elderly or already have underlying chronic
health conditions; and
WHEREAS it is imperative to prepare for and respond to suspected or
confirmed COVID-19 cases in California. to implement measures to
mitigate the spread of COVID-19, and to prepare to respond to an
increasing number of individuals requiring medical care and
hospitalization; and
WHEREAS if COVID-19 spreads in California at a rate comparable to
the rate of spread in other countries. the number of persons requiring
medical care may exceed locally available resou rces. and controlling
outbreaks minimizes the risk to the public, maintains the health and safety
of the people of California , and limits the spread of infection in our
communities and within the healthcare delivery system; and
WHEREAS personal protective equipment (PPE) is not necessary for
use by the general population but appropriate PPE is one of the most
effective ways to preserve and protect California 's healthcare workforce
at this critical time and to prevent the spread of COVID-19 broadly; and
WHEREAS state and local heal th departments must use all available
preventative measures to combat the spread of COVID-19 , which will
require access to serv ices. personnel, equipment, facilities . and other
resources. potentially including resources beyond those currently
available, to prepare for and respond to any potential cases and the
spread o f th e virus; and
WHEREAS I find that conditions of Government Code section
8558(b), rela ting to the declaration of a State of Emergency, have been
met; and
WHEREAS I find that the conditions caused by COVID-19 are like ly to
require the combined forces of a mutual aid reg ion or regions to
appropriately respond ; and
WHEREAS under the provisions of Government Code section
8625(c). I find that local authorit y is inadequate to cope with the threat
posed by COVID-19; and
WHEREAS under the provisions of Government Code section 8571, I
find t h a t stri ct compliance with various statutes and regulations specified
in this order would prevent. hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19.
NOW, THER EF ORE , I, GAVIN NEWSOM , Governor of the State of
California, in accordance with the authority vested in me by the State
Consti t ution and statutes, including the California Emergency Services
Act, and in particular, Government Code section 8625 , HEREBY PROCLA IM
A STATE OF EMERGENCY to exist in California.
IT IS HEREBY ORDERED THAT:
1 . In preparing for and responding to COVID-19, all agencies of the
state government use and employ state personnel. equipment,
and fa cilities or perform any and all activities consistent with the
direction of the Office of Emergency Services and the State
Emergency Plan. as well as the California Department of Public
Health and the Emergency Medical Services Authority. Also. all
residents are to heed the advice of emergency officials with
regard to this emergency in order to protect their safety.
2. As necessary to assis t local governments and for the protection
of public health, state agencies shall enter into contracts to
arrange for the procurement of materials, goods, and services
needed to assist in preparing for. containing, responding to,
mitigating the effects of, and recovering from the spread of
COVID-19. Applicable provisions of the Government Code and
the Public Contract Code, including but not limited to travel,
advertising, and competitive bidding requirements. are
suspended to the extent necessary to address the effects of
COVID-19.
3. Any out-of-state personnel, including, but not limited to, medical
personnel, entering California to assist in preparing for,
resp onding to , mitigating the effects of, and recovering from
COVID-19 shall be permitted to provide services in the same
manner as prescribed in Government Code section 1 79 .5. with
respect to licensing and certification. Permission for any such
individual rendering service is subject to the approval of the
Director of the Eme rgen cy Medical Services Authori ty for
medical personnel and the Director of the Office of Emergency
Services for non-medical personnel and shall be in effect for a
period of time not to exceed the duration of this emergency.
4. The time limitation se t forth in Penal Code section 396, subdivision
(b), prohibiting price gouging in time of emergency is hereby
waived as it relates to emergency supplies and medical supplies.
These price gouging protections shall be in effect through
September 4, 2020.
5. Any state-owned properties that the Office of Emergency
Services determines are suitable for use to assis t in preparing for,
responding to, mitigating the effects of. or recovering from
COVID -19 shall be made available to the Office of Emergency
Services for this purpose. notwithstanding any state or local law
that would restrict, delay, or otherwise inhibit such use.
6. Any fairgrounds that the Office of Emergency Services
determines are suitable to assist in preparing for, responding to,
mitigating the effects of, or recovering from COVID-19 shall be
made available to the Office of Emergency Services pursuant to
the Emergency Services Act. Government Code section 8589.
The Office of Emergency Services shall notify the fairgrounds of
the intended use and can immediately use the fairgrounds
without t he fairgro und board of d irectors' approval, and
·~·
notwithstanding a n y sta t e or local law that would rest rict. delay,
or otherwise inhibit such use.
7. Th e 30-day time period in Health and Safety Code section
1 01 080, within which a local governing authority must renew a
local health emergency, is hereby waived for the duration of this
statewide emergency. Any such local health emergency will
remain in effect until each local governing authority terminates
its respective local health emergency.
8. The 60-day time period in Government Code section 8630, within
which local governmen t authorities must renew a local
emergency, is hereby waived for the duration of this statewide
emergency. Any local emergency proclaimed will remain in
effect un ti l each local governing authority term inates its
respe c tive local emergency.
9. The Office of Emergency Services shall provide assi stance to
local governments that have demonstrated extraordinary or
d isproportionate impacts fr om COVID-19, if appropriate and
necessary, under th e authority of th e California Disaster
Assistance Act. Government Code section 8680 et seq., and
California Code of Regulations, Title 19, section 2900 et seq .
10. To ensu re hospitals and other health facilities are able to
adequately treat patients legally isolated as a result of COVID-
19, the Director of the California Department of Public Health
may waive any of the licensing requireme nts of Chapter 2 of
Division 2 of the Health and Safety Code and accompanying
regulations with respect t o any hospital or health facili ty
identified in Health and Sa fety Code section 1250. Any waiver
shall include alternative measures that. under the circumstances,
will allow the facilities to treat legally isolated patients while
p rotec ting public health and safety. Any facilities being granted
a waiver shall be established and opera ted in accordance with
the facility's required disast 0r and mass casualty plan. Any
waivers granted pursuant to this paragraph shall be posted on
the Department's website.
11. To support consiste nt practices across Californ ia, st ate
d epartme nts. in coordination with the Office of Em ergency
Services , shall provide updated and specific guidance relating
to preventing and mitigating COVID-19 to schools. employers,
employees, first responders and community care facilities by no
la t er than March 1 0, 2020.
12. To promptly respond for the protection of public health, state
entities are. notwith standing any other state or local law,
authorized to share rel evant medical information, limited to the
patient's underlying health conditions, age, current condition,
date of exposure. and possible contact tracing, as necessary to
address the effect of the COVID-19 outbreak with state, local,
federal , and nongovernmental partners, with such information t o
be u sed for the limited purposes of monitoring , inves tigation and
contro l. and treatment and coordination of care. The
notification require m e nt o f Civil Code section I 798.24,
subdivision (i), is suspended.
13. Notwithstanding Health and Safety Code sections I 797 .52 and
I 797.218, during the course o f this emergency, any EMT-P
licensees sha ll have t he authority to transport patients to
medical facilities o t her than acute care hospitals when
approved by the California EMS Authority. In order to carry out
thi s order, to the ex tent that th e provisions of Health and Safe ty
Code sections I 797 .52 and I 797.2 I 8 may prohibit EMT-P
licensees from transporting patients to facilities other than acute
care hospitals, those statutes are hereby suspended until the
termina tio n of this Sta te of Emergency.
I 4. The Department of So c ial Services may, to the extent t he
Department deems necessary to respond t o the threat of
COVID-I 9, waive any provisions of t he Health and Safety Code
or Welfare and Institutions Code, and accompanying
regulations, interim licensing standards, or oth er wri tten policies
or procedures with respect t o the use, licensing, or approval of
faciliti es or homes within the Department's juri sdiction set forth in
t he California Community Care Facilities Act (Hea lth and Safe ty
Code section 1500 et seq.), the California Child Day Care
Fa cilities Act (Health and Sa fety Code section I 596.70 et seq.).
and th e California Res idential Care Faci lities for the Elderly Act
(Health a nd Safety Code section I 569 et seq.). Any waivers
granted pursuant to this paragraph shall be posted on the
Department's website.
I FURTHER DIRECT that as soon as hereafter possible, th is
proclamation be filed in the Office of the Secretary of State and that
widespread p ublicity and notice be g iven of this proclama t ion.
IN WITNESS WHEREOF I have
hereunto se t my hand and caused
the Great Seal of the State of
a ffixed this 4th day
ATIEST:
ALEX PADIL LA
Secretary o f Sta t e
EXECUTIVE D E PARTMENT
STATE OF C ALIF ORN IA
EXECUTIVE ORDER N -25 -20
ATTACH ENT E
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-19; and
WHEREAS despite su stained efforts, the vi rus remains a threat, and further
efforts to control the spread of t h e virus to reduce and minimize t he risk of
infection are needed; and
WHEREAS state and local public health officials may, as they deem
necessary in th e interest of publi c health, issue guidan ce limiting or
recommen ding lim itations upon a ttendance at publi c assemb lies , conferences,
or other mass events, which could cause the cancell ation of such gatherings
through no fault or responsibility of the parties involved, thereby constituting a
force majeure; and
WHEREAS the Department of Publi c Health is maintaining up-to-date
guidance re lating to COVID-19, available to the public at
http://cdph.ca.qov /covid 19; and
WHEREAS th e State of Californ ia and local govern ments, in collaboration
with the Federal government, cont inue susta ined efforts to minimize the spread
and mitigate the effects of COVID-19; and
WHEREAS th ere is a need to secure numerous facilities to a c commodate
quarantine, isola tion , or medical treatment of individu als testi ng positive for or
exposed to COVID-19; and
WHEREAS , many individuals who have developmental d isabilities and
re c eive services t hrough regional centers funded by the Department of
Development al Services also have chronic medical conditions t hat make t hem
more susceptible to serious symptoms of COVID-19 , and it is critical that they
continue to receive their services while a lso protecting their own health and the
general public health; and
WHERE AS individuals exposed to COVID-19 may be temporarily unable to
report to work due to illness caused by COVID-19 or quarantines related to
COV ID-19 and individuals directly affected by COVID-19 may experience
potential loss of income, health care and medical coverage, and ability to pay
for housing a nd basic needs, thereby placing increased demands o n already
strained region al and local health and safety resources such as shelters and
food banks; and
WHEREAS in the interest of public health and safety, it is necessary to
exercise my authority under the Emergency Services Act, specifically
Government Code section 8572, to ensure adequate facilities exist to address
the impacts of COVID-19 ; and
WHEREA S under the provis ions of Government Code section 8571, I find
that strict compliance with various statute s and regulations specified in this order
would prevent, hinder, or delay appropriate actions to prevent and mitigate the
effects of the COVID-19 pandemic.
NOW, THEREFORE , I, GAVIN NE WSOM , Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567 ,8571 and 8572 , do hereby issue the following order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
1 . All res idents are to heed any orders and guidance of state and local
public health officials, including but not limi ted to the imposition of
social distancing measures, to control the spread of COVID-19.
2. For the period that began January 24 , 2020 through the duration of this
emergency, the Employment Development Department shall have the
discreti on to waive the one-week waiting period in Unemployment
Insu rance Code section 2627(b)(1) for disability insurance applicants
who are unemployed and disabled as a result of the COVID-19 , and
who are otherwise eligible for disability insurance benefits.
3. For th e period that began January 24, 2020 through the duration of this
emergency, the Employment Development Department shall have the
discretion to waive the one-week waiting period in Unemployment
Insurance Code sectio n 1253(d) for unemployment insurance
applicants who are unemployed as a result of the COVID-19, and who
are oth erwise eligible fo r unemployment insura nce benefits.
4. Notwithstanding Health and Safety Code section 1797 .172(b), during
the course of this emergency, the Director of the Emergency Medical
Services Authority shall have the authority to implement additions to
local opt ional scopes o f practice withou t firs t consulting with a
committee of local EMS medical directors named by the EMS Medical
Directors Association of California .
5. In order to quickly provide relief from interest and penalties, the
p rovi sions of the Reve nu e and Taxation Code that apply to the taxes
and fees administered by the Department of Tax and Fee
Administration , requiring t he filing of a statement under penalty of
perj ury setting forth the facts for a claim for relief, are suspended for a
period of 60 days after th e date of this Order for any individuals or
busi nesses who are unab le to file a timely t ax return or make a timely
payment as a result of complying with a st ate or local public health
official's imposition or recommendation of social distan cing measures
related to COVID-19.
6. Th e Franchise Tax Board , t he Board of Equaliza ti on, the Department of
Tax and Fee Administration, and the Office of Tax Appeals shall use
their administrative powers where appropriate to provide those
individuals and businesses impacted by complying with a state or local
public health official 's imposition or recommendation of social
dist ancing measures related to COVID-19 with the extensions for filing,
payment. audits, billing , notices, assessments. claims for refund, and
relief fr om subsequent penalties and interest.
7. The Governor's Office of Emergency Services shall ensure adequate
state staffing during this emergency. Consistent with applicable federal
law, work hour limitations for retired annuitants. permanent and
intermittent personnel. and state management and senior supervisors .
are suspended. Furthermore, reinstatement and work hour limitations in
Government Code sections 21220. 21224(a). and 7522.56(b). (d). (f),
and (g). and the time limitations in Government Code section 19888.1
and California Code of Regulations. title 2, sections 300-303 are
suspended. The Director of the California Department of Human
Resources must be notified of any individual employed pursuant to
these waivers.
8. The California Health and Human Services Agency and the Office of
Emergency Services shall identify, and shall otherwise be prepared to
make available-including through the execution of any necessary
contracts or other agreements and. if necessary, through the exercise
of the State's power to commandeer property-hotels and other
places of temporary residence. medical facilities . and other facilities
that are suitable tor use as places of temporary residence or medical
facilities as necessary for quarantining, isolating , or treating individuals
who fest positive tor COVID-19 or who have had a high-risk exposure
and are though t to be in the incubation period.
9. The certification and licensure requirements of California Code of
Regulations, ntle 17. section 1 079 and Business and Professions Code
section 1206.5 are suspended as to all perso n s who meet the
requirements under the Clinical Laboratory Improvement Amendments
of section 353 of the Public Health Service Act tor high complexity
testing and who are performing analysis of samples to test tor SARS-
CoV-2, the virus that causes COVID-19, in any certified public health
laboratory or licensed clinical laboratory.
1 0. To ensure that individuals with developmental disabilities continue to
receive the services and supports mandated by their individual
program plans threatened by disruptions c aused by COVID-19, the
Director of the Department of Development al Services may issue
directives waiving any provision or requirement of the Lanterman
Developmental Disabilities Services Act. the California Early
Intervention Serv ices Act, and the accompanying regulations of ntle
17, Division 2 of the California Code of Regulations. A directive may
delegate to the regiona l centers any authority granted to the
Department by law where the Director believes such delegation is
necessary to ensure services to individuals with developmental
disabilities. The Director shall describe the need justifying the waiver
granted in each directive and articulate how the waiver is necessary
t o protect the public health or safety from the threat of COVID-19 or
necessary to ensure that services to individuals with developmental
disabilities are not disrupted. Any waiv er granted by a directive shall
expire 30 days from the date of its issuance. The Director may grant
one or more 30-day extensions it the waiver continues to be necessary
to protect health or safety or to ensure delivery of services . The
Director shall rescind a waiver once it is no longer necessary to protect
public health or safety or ensure delivery of services. Any waivers and
extensions granted pursuant to this paragraph shall be posted on the
Deportment's website.
11. Notwithstanding any other provision of state or local low, including the
Bagley-Keene Act o r the Brown A c t, a local legislative body or state
body is authorized to hold public meetings via teleconferencing and to
make public meetings accessible te lephonically or otherwise
electronically to all members of the public seeking to attend and to
address the local legislative body or state body, during the period in
which state or local public officials impose or recommend measures to
promote social d is tancing, including but not limited to limitations on
public events. All requirements in both the Bagley-Keene Act and the
Brown Act expressly or impliedly requiring the physical presence of
members. the clerk or other personnel of the body, or of the public as
a condition of participation in or quorum for a public meeting ore
hereby waived.
In particular. any otherwise-applicable requirements that
(i) state and local bodies notice each teleconference location
from which a member will be participating in a public
meeting;
(ii) each teleconference location be accessible to the public;
(iii) members of the public may address the body at each
teleconference conference location;
(i v) state and local bodies post agendas at all teleconferenc e
locations;
(v) at least one member of the state body be physically present
at the location specified in the notice of the meeting; and
(v i) during teleconference meetings, a least a quorum of the
members of the local body participate from locations w ithin
the boundaries of the territory over which the local body
exercises jurisdiction
are hereby suspended, on the conditions that:
(i ) each state or local body must give advance notice of each
public meeting, according to the timefrome otherwise
prescribed by the Bagley-Keene Act or the Brown Act, and
using the means otherwise prescribed by the Bagley-Keene
Act or the Brown Act. as applicable; and
(ii) consistent with t he notice requirement in paragraph (i), eac h
state or local body must notice at least one publicly
accessible location from which members of the public shall
hove the right to observe and offer public comment at the
public meeting, consistent with the public's rights of access
and public comment otherwise provided for by the Bagley-
Keene Act and the Brown Act. as applicable (including, but
not limited to, the requirement that such rights of access and
public comment be mode available in a manner consistent
with the Americans with Disabilities Act).
In addition to the mandatory conditions set forth above, all state and
local bodies are urged to use sound discretion and to make
reasonable efforts to adhere as closely as reasonably possible to the
provisions of the Bagley-Keene Act and the Brown Act, and other
applicable local laws regulating the conduct of public meetings. in
order to maximize transparency and provide the public access to their
meetings.
IT IS FURTHER ORDERED that as soon as hereafter possible . this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not. create any rights or benefits,
substantive or procedural. enforceable at law or in equity, against the State of
California, its agencies. departments, entities. officers. employees. or any other
person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 12th day
of Ma h 2020.
ATT EST:
ALEX PADILLA
Secretary of State