Loading...
HomeMy Public PortalAbout07) 10A Extend the Proclamation of the Existence of a Local EmergencyAGENDA ITEM 10.A. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: April 21, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Bryan Ariizumi, Public Safety Supervisor SUBJECT: EXTEND THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY RECOMMENDATION: The City Council is requested to: 1. Review the need to extend the existence of a local emergency; and 2. Adopt Resolution No. 20-5465 (Attachment “A”), extending the proclamation of the existence of a local emergency. BACKGROUND: 1. On March 13, 2020, the City Council adopted Resolution No. 20-5457 (Attachment “B”), proclaiming the existence of a local emergency regarding COVID-19. 2. On March 19, 2020, the Los Angeles County Health Officer (Health Officer) issued the Safer at Home Order for Control of COVID-19 to mitigate the spread of the coronavirus outbreak. The order was set to expire on April 19, 2020. 3. On April 10, 2020 the Health Officer extended the Safer at Home Order for Control of COVID-19 until May 15, 2020. ANALYSIS: Resolution No. 20-5457 contained a number of recitals explaining the need for the initial proclamation of a local emergency. Pursuant to California Government Code § 8630, the City Council shall review at least every 60 days, until such local emergency is terminated, the need for continuing the local emergency. City Council April 21, 2020 Page 2 of 2 As of April 13, 2020, there were 9,420 cases of COVID-19 in Los Angeles County, including 12 cases in Temple City, as well as 320 deaths in the County. The number of new cases and the number of deaths continue to climb each day. At this time, state and local public health officials are unable to predict when the number of new cases will peak. The City Council’s proclamation of a local emergency is set to expire on May 12, 2020 . Due to the fluidity and uncertainty of the COVID-19 pandemic, the conditions of peril to public health will likely extend beyond May 12, 2020. These conditions will continue to be beyond the control of services, personnel, equipment and facilities of the City of Temple City. While the County has currently extended the Safer at Home order only to May 15, the best information available to the City at this time leads to the conclusion that normal public life will not occur until much later. The City Council is asked to review the current situation and to extend the proclamation of a local emergency for an additional 60 days, which would result in an extension until July 11, 2020. Should circumstances radically change during that period such that the emergency is concluded and full normal operations can resume, the City Council has the option to again revisit the matter and terminate the state of local emergency prior to the end of the 60-day period. But at this time, an extension covering the full 60 days allowed by law is requested. CITY STRATEGIC GOALS: Extending the proclamation of a local emergency will further the City’s Strategic Goals of Good Governance and Public Health and Safety. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2019-20 City Budget. ATTACHMENTS: A. Resolution No. 20-5465 B. Resolution No. 20-5457 ATTACHMENT A RESOLUTION NO. 20-5465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, California Government Code 8630, et seq., and Chapter 7 of Title 2 of the Temple City Municipal Code provide that the Temple City City Council (City Council) may proclaim the existence of a local emergency when the City of Temple City (City) is affected or likely to be affected by public calamity; and WHEREAS, pursuant to California Government Code § 8630, the City Council shall review at least every 60 days, until such local emergency is terminated, the need for continuing the local emergency; and WHEREAS, on March 13, 2020, the City Council adopted Resolution No. 20-5457, proclaiming the existence of a local emergency regarding COVID-19; and WHEREAS, on March 19, 2020, the Los Angeles County Health Officer (Health Officer) issued the Safer at Home Order for Control of COVID-19 to mitigate the spread of the coronavirus outbreak. The order was set to expire on April 19, 2020; and WHERAS, on April 10, 2020 the Health Officer extended the Safer at Home Order for Control of COVID-19 until May 15, 2020 and WHEREAS, as of April 13, 2020, there were 9,420 cases of COVID-19 in Los Angeles County, including 12 cases in Temple City, as well as 320 deaths in the County. The number of new cases and the number of deaths continue to climb each day. At this time, state and local public health officials are unable to predict when the number of new cases will peak; and WHEREAS, the City Council’s proclamation of a local emergency is set to expire on May 12, 2020. Due to the fluidity and uncertainty of the COVID-19 pandemic, the conditions of peril to public health will likely extend beyond May 12, 2020. While the County has currently extended the Safer at Home order only to May 15, the best information available to the City at this time leads to the conclusion that normal public life will not occur until much later; 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 and recovering from COVID-19; and 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 continues to constitute a situation that severely impairs the public health and safety within the City of Temple City and constitutes conditions of peril to public health and to the safety of persons and property within the City of Temple City; 2. That these conditions are will continue to be beyond the control of the services, personnel, equipment, and facilities of the City of Temple City; 3. That the conditions of peril to public health warrant and necessitate the extension of the proclamation of the existence of a local emergency. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized in Government Code Sections 8630 and 54956.5 and Chapter 7 of Title 2 of the Temple City Municipal Code and based on the foregoing, the “emergency” as defined in Government Code section 54956.5(a) and Temple City Municipal Code section 2-7-1 and the “local emergency” as defined in Government Code section 8558(c) currently existing throughout Temple City are extended for a period of 60 days until July 11, 2020. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the continued existence of the emergency and 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 emergency and local emergency shall be deemed to continue to exist unless and until its termination is proclaimed by the City Council of the City of Temple City, State of California. PASSED, APPROVED AND ADOPTED this 21st day of April, 2020. ___________________________________ TOM CHAVEZ, MAYOR ATTEST: APPROVED AS TO FORM: __________________________________ ___________________________________ PEGGY KUO, CITY CLERK GREG MURPHY, CITY ATTORNEY I hereby certify that the foregoing resolution, Resolution No. 20-5465, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 21st day of April, 2020, by the following vote: AYES: Councilmember – NOES: Councilmember – ABSENT: Councilmember – ABSTAIN: Councilmember – ________________________________ PEGGY KUO, CITY CLERK RESOLUTION NO. 20-5457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, California Government Code section 54956.5 authorizes the City Council to hold emergency meetings on shortened notice to address emergency situations as determined by a majority of the City Council; and, WHEREAS, California Government Code 8630, et seq., and Chapter 7 of Title 2 of the Temple City Municipal Code provide that the Temple City City Council (City Council) may proclaim the existence of a local emergency when the City of Temple City ( City) is affected or likely to be affected by public calamity; 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 March 12, 2020, there were 32 cases, including four by community transmission, 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 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 identification 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. 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, WHERAS, 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 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, the City Council does hereby find the following: 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 and safety within the City of Temple City and constitutes conditions of extreme peril to the safety of persons and property within the City of Temple City; 2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Temple City; 3. That the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; 4. That these conditions justify the holding of an emergency meeting of the City Council as authorized by California Government Code section 54956.5 for the purpose of declaring a local emergency. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout Temple City. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the 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, as authorized in Government Code Sections 8630 and 54956.5 and Chapter 7 of Title 2 of the Temple City Municipal Code and based on the foregoing, an "emergency" as defined in Government Code section 54956.5( a) and Temple City Municipal Code section 2- 7-1 and a "local emergency" as defined in Government Code section 8558(c) hereby exists within the territorial jurisdiction of the City of Temple City and is deemed to continue to exist, and shall be reviewed at least once every 60 days, until its termination is proclaimed by the City Council of the City of Temple City. IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are paid in a timely manner, City Council has been requested to give authorization to the City Manager and the City Treasurer to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made. IT IS FURTHER PROCLAIMED AND ORDERED that the City Council will utilize, to the extent reasonably feasible and appropriate, the ability to conduct its council meetings via teleconferencing and other electronic means to permit councilmembers and members of the public to adopt social distancing to the greatest extent possible while still proceeding with the efficient handling of the City's business, in compliance with California Executive Order N-25-20. 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 requesting that the Director find it acceptable in accordance with State law; that the Governor of California, 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 Federal resources and any other appropriate federal disaster relief programs. 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 Temple City, State of California. PASSED, APPROVED AND ADOPTED this 131h day of March, 2020. ATTEST: i1U A'N WQEL ow $6HALf of Qts61C^VAO PEGGY KUO, C < APPROVED AS TO FORM: GRE MURPITY, ATTORNEY I hereby certify that the foregoing resolution, Resolution No. 20-5457, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 131' day of March, 2020, by the following vote: AYES: Councilmember—Fish, Man, Sternquist, Yu, Chavez NOES: Councilmember—None ABSENT: Councilmember—None ABSTAIN: Councilmember—None il l lh,,) NJ ui1 ON K-"ALIF of C-ic N kdo PEGGY K O, CITY CLERK