HomeMy WebLinkAbout2020.05.05 Agenda Report 3.6Agenda #: 3.6
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19).
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Adopt Resolution No. 2020-12 Extending the Declared Local Emergency regarding
Novel Coronavirus (COVID-19).
FINANCIAL IMPACT:
Potentially significant. The continuation of the declared local emergency is necessary to
ensure access to reimbursement for related costs in response to COVID-19. The City
has submitted a Request for Public Assistance with California Office of Emergency
Services (CalOES) to seek reimbursement for all eligible COVID-19 related expenses.
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 include
Stay at Home Orders, prohibit gatherings of any size, 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 on a daily basis.
At the time the City Council declared a local emergency on March 19, 2020, LA County
Public Health Officials reported (as of March 18, 2020) 190 confirmed cases (including 2
in Diamond Bar), with one death in the County. As of April 27, 2020, there were 20,417
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confirmed cases (including 33 in Diamond Bar) with 942 deaths. Testing capacity
continues to increase as does the number of positive cases and unfortunately deaths
related to COVID-19. However, the efforts instituted by the State and local health
officials have appeared to flatten the curve, which translates to lives saved and ensuring
sufficient hospital bed capacity for those in need of medical treatment.
The Council is being asked to continue the Local State of Emergency (Attachment 1)
regarding the COVID-19 pandemic, as is required every 60 days during the existence of
the local emergency. The most recent numbers of confirmed cases and deaths related
to COVID-19 will be provided at the meeting for inclusion in the Resolution. The City
Manager, as the Emergency Services Director for the City, also intends to continue
the activation of the Emergency Operations Center at the lowest level (Level 3) to be
able to provide enhanced communications with LA County Emergency Operations
Center (already activated), and with LA County Sheriff and Fire personnel to monitor
and respond to essential service requests that may be needed throughout the City.
ANALYSIS:
The City has taken extraordinary actions and precautions to help protect residents,
businesses and our workforce from community spread of COVID-19. While significant
closures are in effect, the City has transitioned to online service delivery and recrea tion
programming to better serve the public. However, the following remain in force through
at least May 15, 2020, and are expected to be further extended with guidance and
direction from State and County Public Health Officials:
• City Hall, Diamond Bar Center and Heritage Parking Facilities are closed to the
public. Limited City services are available to be conducted electronically or by
phone.
• City playgrounds, basketball courts, tennis courts, picnic shelters, trails, dog
park, and skate park remained closed to the public.
• All community events have been cancelled or postponed for the foreseeable
future.
• All recreation programs and contract classes have been cancelled or postponed
for the foreseeable future.
• Street sweeping parking enforcement has been suspended thru at least May 15,
2020.
• A majority of City Staff continue to work remotely.
The City continues to encourage our residents and businesses to adhere to the most
recent guidance and health orders issued by our Federal, State, County and local
agencies to help prevent and slow community spread of COVID-19. The City is also
undertaking planning efforts for the eventual lifting or relaxing of the Stay at Home
Order at the State and County levels, and will implement operational procedures to be
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compliant with Public Health Orders.
LEGAL REVIEW:
City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.6.a Resolution No. 2020-12 Local Emergency (COVID-19) Proclamation
Extension
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RESOLUTION NO. 2020-12
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
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
other things, required residents of California to follow orders and guidance of local public
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Resolution No. 2020-12
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 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, 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
19, 2020, proclamation the existence of a local emergency in response to the COVID -19
public health emergency; and
WHEREAS, the Los Angeles County Public Health Officer extended and
supplemented the County’s health order through May 15, 2020; 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 perso ns and property within the
City of Diamond Bar;
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Resolution No. 2020-12
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
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 N-25-20 and N-33-20, 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 5th day of May, 2020.
_____________________________
Steve Tye, Mayor
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Resolution No. 2020-12
APPROVED AS TO FORM:
_____________________________
David DeBerry, City Attorney
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution, Resolution No. 2020-12, was duly passed, approved and adopted by
the City Council of the City of Diamond Bar at a regular meeting held on the 5th day of May,
2020, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
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