HomeMy WebLinkAbout2020.03.19 Agenda Packet - Special Meeting
Consistent with the Governor’s Executive Order, members of the public are encouraged
to maintain social distancing and are encouraged to submit public comments to the City
Clerk in writing by 5:30 p.m. on March 18, 2020. Written comments will be rea d into the
public record at the March 19, 2020 Special City Council Meeting.
City Council Agenda
Special Meeting
Thursday, March 19, 2020
9:00 AM
Diamond Bar City Hall – Windmill Room
21810 Copley Drive, Diamond Bar, CA 91765
STEVE TYE
Mayor
NANCY A. LYONS
Mayor Pro Tem
ANDREW CHOU
Council Member
RUTH M. LOW
Council Member
JENNIFER "FRED" MAHLKE
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
Copies of staff reports or other written documentati on relating to agenda items are on file in the Office of the City Clerk, and are
available for public inspection. If requested, the agenda will be made available in an alternative format to a person with
disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda
item, please contact the City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities A ct of 1990, the City of Diamond Bar
requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at
a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting.
Have online access? City Council Agendas are now available on the City of Diamond Bar’s web site at
www.diamondbarca.gov
Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled
paper and encourages you to do the same.
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
are broadcast live on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You
are invited to attend and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during
the time the item is taken up by the Council. In addition, members of the public may, during the
Public Comment period address the Council on any Consent Calendar item or any matter not on
the agenda and within the Council’s subject matter jurisdiction. Persons wishing to speak
should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council
at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.
The Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant
consideration. Speakers may address the Council only once on an agenda item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. A full
agenda packet is available for review during the meeting, in the foyer just outside the Council
chambers. The City Council may take action on any item listed on the agenda.
ACCOMMODATIONS FOR THE DISABLED
A cordless microphone is available for those persons with mobility impairments who cannot
access the podium in order to make a public comment. Sign language interpretation is available
by providing the City Clerk three business days’ notice in advance of a meeting. Please
telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30
a.m. to 4:30 p.m. on Fridays.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7010
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY REMAINING IN THE
ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS
MEETING WILL BE BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00
A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND WILL ALSO BE
AVAILABLE FOR ARCHIVED VIEWING ON THE CITY’S WEBSITE AT
WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
SPECIAL MEETING
March 19, 2020
CALL TO ORDER: 9:00 a.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL:
APPROVAL OF AGENDA: Mayor
1. PUBLIC COMMENTS:
This public comment period is for items listed on the Special Meeting Agenda
ONLY. Please complete a Speaker’ Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
Consistent with the Governor’s Executive Order, members of the public are
encouraged to maintain social distancing and are encouraged to submit public
comments to the City Clerk in writing by 5:30 p.m. on March 18, 2020. Written
comments will be read into the public record at the March 19, 2020 Special City
Council Meeting.
2. RESPONSE TO PUBLIC COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
MARCH 19, 2020 PAGE 2
3. COUNCIL CONSIDERATION:
3.1 CONSIDERATION TO DECLARE A LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19)
Recommended Action:
A. Adopt Resolution No. 2020-04 Declaring a Local Emergency regarding
Novel Coronavirus (COVID-19); and
B. Authorize the City Manager to offer paid administrative leave to City
Employees that are adversely impacted by COVID-19.
Requested by: City Manager
4. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
5. ADJOURNMENT:
Agenda #: 3.1
Meeting Date: March 19, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSIDERATION TO DECLARE A LOCAL EMERGENCY
REGARDING NOVEL CORONAVIRUS (COVID-19)
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Adopt Resolution No. 2020-04 Declaring a Local Emergency regarding Novel
Coronavirus (COVID-19); and
B. Authorize the City Manager to offer paid administrative leave to City Employees that
are adversely impacted by COVID-19.
FINANCIAL IMPACT:
Potentially significant. The Declaration may entitle the City to seek reimbursement for
related costs in response to COVID-19.
BACKGROUND:
The rapid global spread of Novel Coronavirus (COVID-19) has resulted in
unprecedented actions by Federal, State, County and local agencies, as well as private
individuals and businesses, to help combat the community spread of the virus. On
March 4, 2020, the Los Angeles County Board of Supervisors declared a State of
Emergency and the Los Angeles County Public Health Officials declared a Local Health
Emergency. Since that time, numerous actions have been, and continue to be taken, at
the Federal, State and County levels to implement far reaching measures that create
social distancing, require closure of a wide range of businesses, schools, colleges,
public facilities, cancellation of large community and sporting events, and other
limitations all aimed at slowing the community spread of the virus. Conditions continue
to change rapidly, with new guidance being issued almost hourly and new confirmed
cases in Los Angeles County, including Diamond Bar being announce d daily. As of
March 17, 2020, LA County Public Health Officials have reported 144 confirmed cases
(including 2 in Diamond Bar) and 1 death. There is no containment expected in the near
3.1
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future and the number of confirmed cases and potential deaths will increase as more
testing becomes available.
The Council is being asked to declare a Local State of Emergency (Attachment 1)
regarding the COVID-19 pandemic as it has created the existence of conditions of
disaster or of extreme peril to the safety of persons and property within the City, which
conditions are or are likely to be beyond the control of the services, personnel,
equipment, and facilities of the City.
The City Manager, as the Emergency Services Director for the City, also intends to
activate the Emergency Operations Center at the lowest level (Level 3) to be able to
provide enhanced communications with LA County Area D Emergency Management
Center (already activ ated), and with LA County Sheriff and Fire personnel, to monitor
and respond to essential service requests that may be needed throughout the City.
In addition, Council authorization is requested for the City Manager to offer paid
administrative leave to City Employees that are adversely impacted by COVID-19. This
can potentially include those that need to be out of the office to attend to one’s self or
family members illness, quarantine orders, childcare needs, lack of work or other
practices that are consistent with the latest guidance for health officials. There is also
Federal legislation being considered that would require employers to provide paid sick
leave related to COVID-19.
ANALYSIS:
The City has taken extraordinary actions and precautions to help protect residents,
businesses and our workforce from community spread of COVID-19. At this time, the
City has implemented the following actions which will remain in effect through April 30,
2020:
• City Hall, Diamond Bar Center and Heritage Parking Fa cilities are closed to the
Public. Limited City services are available to be conducted electronically or by
Phone.
• All Community Events have been cancelled or postponed. This includes:
o Breakfast with the Bunny 4/11
o Earth/Arbor Day Event 4/25
o Mayor’s Sate of the City Address 4/29
o Various Let’s Talk Public Safety and Healthy Diamond Bar events
• All Recreation Programs and Contract Classes have been cancelled or
postponed.
• Street Sweeping Parking Enforcement has been suspended.
• A majority of City Staff will be directed to work remotely.
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The City continues to encourage our residents and businesses to adhere to the most
recent guidance offered by our Federal, State, County and local agencies to be most
helpful in preventing and slowing community spread of COVID-19.
LEGAL REVIEW:
City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.1.a Resolution No. 2020-14 Local Emergency (COVID-19)
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RESOLUTION NO. 2020-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
WHEREAS, the Emergency Services Act (Government Code sections 8550 et
seq.), and in particular California Government Code sections 8630, et seq. thereof, and
Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, provide that the City Council
may proclaim the existence of a local emergency when the City of Diamond Bar is affected
or likely to be affected by public calamity; and
WHEREAS, the City Council has been requested by the City Manager as the
Director of Emergency Services to proclaim the existence of a local emergency in the City
of Diamond Bar; 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 16,
2020, there were 94 cases, including increases in community transmission, in Los
Angeles County, two in the City of Diamond Bar and one death related to COVID-19. Due
to the expanding list of countries with widespread transmission of CO VID-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 CO VID-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 States. On March 4, 2020, the Health
Officer of Los Angeles County determined that there is an imminent and proximate th reat
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 global 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
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Resolution No. 2020-04
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 States 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 pr ivate
organizations have announced the cancellation or postponement of all events where
social distancing cannot be reasonably achieved; and
WHEREAS, six counties in the San Francisco Bay Area have adopted shelter in
place ordinances requiring residents to stay in their homes subject to limited exemptions;
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 suc cessfully
responding to COVID-19.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by
Government Code section 8630 and Diamond Bar Municipal Code section 8.00.050, the
City Council proclaims that as defined in Government Code section 8558 and Section
8.00.020 of the Diamond Bar Municipal Code, a “local emergency” exists throughout the
City of Diamond Bar, which proclamation is based on the following findings by the City
Council:
1. That the above recitals are true and correct and based thereon, her eby finds
that the spread and potential further spread of COVID -19 constitutes a
situation that severely impairs the public health and safety, and constitutes
conditions of extreme peril to the safety of persons and property within the
City of Diamond Bar;
2. That these conditions are likely to be beyond the control of the services,
personnel, equipment, and facilities of the City of Diamond Bar; and
3. That the conditions of extreme peril warrant and necessitate the proclamation
of the existence of a local emergency.
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 to ensure that City vendors are
paid in a timely manner, the City Manager and the City Treasurer or their designees are
3.1.a
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Resolution No. 2020-04
authorized and directed 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 council members and
members of the public to implement recommended social distancing 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 the City of Diamond Bar; that the Governor waive regulations
that may hinder response and recovery efforts; that response and recovery assistance be
made available under the California Disaster Assistance Act and the Stafford 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 the proclamation of a local
emergency shall be reviewed at least once every 60 days and deemed to continue to
exist until its termination is proclaimed by the City Council of the City of Diamond Bar,
State of California.
PASSED, APPROVED AND ADOPTED this 19th day of March, 2020.
_____________________________
Steve Tye, Mayor
APPROVED AS TO FORM:
_____________________________
David DeBerry, City Attorney
ATTEST:
3.1.a
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Resolution No. 2020-04
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution, Resolution No. 2020-04, was duly passed, approved and adopted by
the City Council of the City of Diamond Bar at a special meeting held on the 19th day of
March, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Kristina Santana, City Clerk
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