HomeMy WebLinkAboutRES 2021-14RESOLUTION NO. 2021-14
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
A Diamond Bar; and
WHEREAS, COVID-19 has spread globally to over 192 countries, infecting more
than 153,698,806 persons and killing nearly 3,216,664 individuals worldwide. As of May
41 2021 there were nearly 32,478,511 cases in the United States with more than 577,688
deaths, including 1,233,985 cases and 23,914 deaths in Los Angeles County (3,227
cases and 81 deaths in Diamond Bar) 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 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 global 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
Resolution No. 2021-14
other things, required residents of California to follow orders and guidance of local public
health officials, including following social distancing requirements and suspended certain
provision of the Ralph M. Brown Act providing local agencies with greater flexibility to hold
meetings via teleconferencing; and
WHEREAS, on March 131 20207 the President of the United States declared a
National Emergency due to the continue spread and the effects of COVID-19; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-
20 mandating that residents stay at home while carving out exceptions for workers in
specified federal critical infrastructure sectors; and
WHEREAS, the State of California and numerous other public and private
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 Diamond Bar City Council adopted Resolution 2020-04 on March
191 2020, proclamation the existence of a local emergency in response to the COVID-19
public health emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution 2020-12 on May 5,
2020, extending the local emergency due to the continued existence of a local
emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2020-22 on
JUIy 7, 2020, extending the local emergency due to the continued existence of a local
emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2020-38 on
September 1, 2020, extending the local emergency due to the continued existence of a
local emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2020-41 on
November 3, 2020, extending the local emergency due to the continued existence of a
local emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2021-01 on
January 5, 2021, extending the local emergency due to the continued existence of a local
emergency; and
Resolution No. 2021-14
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2021-06 on
March 2, 2021, extending the local emergency due to the continued existence of a local
emergency; and
WHEREAS, the State of California's Blueprint for a Safer Economy has Los
Angeles County in the moderate category as Orange Tier, indicating that COVID is
moderate in the county; and
WHEREAS, Los Angeles County Public Health issued a series of Revised
Temporary Order's over the past several months, including the most recent on April 14,
2021. The April 14th Revised Temporary Order added new reopening protocols for indoor
seated live entertainment, private events including meetings and conferences, guidance
for informal social gatherings, and added Fairs to the protocol for Amusement and Theme
Parks; and
WHEREAS, the California Governor has indicated that pending further reductions
in case counts and hospitalizations, it may be possible for the State to fully reopen starting
June 15, 2021. If, at that time the Governor issues such directive, an additional
Resolution will be brought before the Council for consideration regarding discontinuing
the emergency declaration pending those criteria be met; and
WHEREAS, the Diamond Bar City Council must review the local emergency at
least once every 60 days to determine the need for continuing the local emergency until
its termination by the Diamond Bar City Council.
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" continues to exist
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, hereby 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 extension of
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
3
Resolution No. 2021-14
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
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
Orders W25-20 and W33-20, and such other orders issued by the Governor of the State
of California and President of the United States,
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 until its termination is
proclaimed by the City Council of the City of Diamond Bar, State of California.
PASSED, APPROVED AND ADOPTED this 4th day of May, 2021.
0
Resolution No. 2021-14
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution, Resolution No. 2021-14, was duly passed, approved and adopted by
the City Council of the City of Diamond Bar at a regular meeting held on the 4t" day of May,
20211 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Chou,
None
None
None
Liu, Tye, MPT/Low, M/Lyons
Kristina Santana, City Clerk
5