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HomeMy Public PortalAbout2020.052 - (04-21-20) DocuSign Envelope ID:64EFB705-F3CB-441A-B5FC-01DDBA87DAA6 RESOLUTION NO. 2020.052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA CONFIRMING A PUBLIC ORDER ISSUED UNDER THE CITY'S EMERGENCY AUTHORITY WHEREAS, the City Council of the City of Lynwood is responding to the spread of coronavirus disease 2019, a respiratory illness that international, national, state, and local , health and governmental authorities are responding to an outbreak of the respiratory disease caused by a novel coronavirus, also known and abbreviated as COVID-19, ("COVID-19"); and WHEREAS, while the complete medical origins and implications of COVID-19 are not yet fully understood, reported symptoms and illnesses from COVID-19 range from mild to severe, including fever, coughing, shortness of breath, and illnesses resulting in death;and WHEREAS, the Centers for Disease Control and Prevention ("CDC") has stated that certain populations face elevated risk; and WHEREAS, CDC has also stated that widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time and other critical infrastructure may also be affected; and WHEREAS, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a "public health emergency of international concern"; and WHEREAS, on January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency to aid the nation's healthcare community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, State of California Governor Gavin Newsom proclaimed a State of Emergency as a result of the threat of COVID-19 in the State of California to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and WHEREAS, on March 11, 2020, the Director-General of the World Health Organization characterized COVID-19 outbreak as a pandemic; and 1 DocuSign Envelope ID:64EFB705-F3CB-441A-B5FC-01DDBA87DAA6 WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20. The Governor stated, among other things, that despite sustained efforts, COVID-19 remains a threat and further efforts are needed to control the spread of the virus; that local officials may issue guidance limiting or recommending limitations upon attendance at public assemblies, conferences, or other mass events; and that individuals exposed to COVID-19 may be unable to work, may experience a loss of income, health care, medical coverage, and the ability to pay for housing and basic needs. The Governor ordered, among other things, that residents are to heed orders of state and local health officials, including social distancing measures; and that provisions of state law relating to disability insurance, unemployment insurance, emergency medical services, taxes, medical facilities, and public meetings, are modified during this emergency; allows local or state legislative bodies to hold meetings via teleconference and to make meetings accessible electronically; and allows local and state emergency administrators to act quickly to protect public health; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, as of March 15, 2020, the Los Angeles County Department of Public Health reported sixty-nine (69) confirmed cases of COVID-19 and one (1) death within Los Angeles County, including ten (10) cases identified as likely due to community transmission; and WHEREAS, as of March 15, 2020, CDC issued an interim guidance for large events and mass gatherings, recommending that for the next eight (8) weeks, in-person events that consist of fifty (50) people or more throughout the United States be postponed or canceled, with examples of large events and mass gatherings to be conferences, festivals, parades, concerts, sporting events, weddings, and other types of assemblies; and WHEREAS, as of March 15, 2020, Governor Newsom amended his previous orders, including, directing the home isolation of all seniors who are sixty-five (65) years and older and those with chronic conditions; directed the closure of bars, nightclubs, and wineries/breweries in the State of California until further notices as these were identified as "non-essential functions" under the circumstances; and WHEREAS, as of March 16, 2020, the City Council of the City of Lynwood adopted a Public Order to apply City Measures in response to this COVID-19 pandemic; and WHEREAS, the City Council of the City of Lynwood will amend the public order adopted on March 16th to apply additional measures as the situation has evolved; and 2 DocuSign Envelope ID:64EFB705-F3CB-441A-B5FC-01DDBA87DAA6 WHEREAS, without a specific vaccine or treatment for this disease, social distancing is the most effective and readily available tool to slow the spread of novel COVID-19; and WHEREAS, Article XI Section 7 of the California Constitution provides the City of Lynwood with broad police powers to enact laws and policies to protect the public health, safety and welfare within its jurisdictional limits; and WHEREAS, the City of Lynwood remains vigilant with federal, state, and county official updates related to COVID-19 because information, orders, and directives continue to change daily; and WHEREAS, the COVID-19 pandemic has caused, and will continue to cause, conditions of extreme peril to persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, requiring the combined forces of other agencies or political subdivisions to combat; and WHEREAS, on April 10, 2020, the City Manager issued a public order pursuant to powers and duties delegated to the City Manager pursuant to Chapter 2, Section 18 of the Lynwood Municipal Code regarding matters reasonably related to the protection of life and property as affected by the declared local emergency; and WHEREAS, Chapter 2, Section 18 of the Lynwood Municipal Code requires the City Council to confirm the City Manager's public order at the earliest practicable time following the issuance of the public order. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of the attached public order. Section 2. The City Council adopt this Resolution confirming the attached public order. Section 3. The City Clerk shall attest and certify.to the passage and adoption of this Resolution and ratification of the attached public order. Section 4. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Resolution and attached public order is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution and attached public order. The City Council declares that it would have adopted this Resolution and attached public order, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, 3 DocuSign Envelope ID:64EFB705-F3CB-441A-B5FC-01DDBA87DAA6 sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Resolution and attached public order are declared to be severable. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 21St day of April, 2020 c—DocuSigned by: lJ�' i9QicEtkt@BD4434... Aide Castro, Mayor ATTEST: - Maria Quinonez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: CDocuSigned by: DocuSigned by: ha, fiia. 15283449E0784AC... 90A2F05132C07433--- Noel Tapia, Jose Ometeotl, City Attorney City Manager 4 DocuSign Envelope ID:64EFB705-F3CB-441A-B5FC-01DDBA87DAA6 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 21st day of April, 2020 and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SANTANA,SOLACHE, MAYOR PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE (atta.,(/ aria Quinonez, City Clerk (/ STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2020.052 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 21st day of April, 2020. fie A aria Quinonez, City Clerk jr—} 5