HomeMy WebLinkAbout2021.05.04 Agenda Report 3.4Agenda #: 3.4
Meeting Date: May 4, 2021
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. 2021-14 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
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in Diamond Bar), with one death in the County. As of April 27, 2021, there were
1,232,079 confirmed cases and 23,801 deaths in Los Angeles County (including 3,221
cases and 81 deaths in Diamond Bar). Updated numbers will be provided for the
Resolution at the meeting.
On January 25, 2021, Governor Newsom canceled the Regional Stay Home Order that
tied restrictions to available ICU capacity state-wide. All Counties have gone back to
the Tier System under the Blue Print for Safer Economy. Conditions continue to
improve and as for April 27, 2021, Los Angeles County became eligible to move to the
Yellow Tier (Minimal) under the State’s Blueprint for a Safer Economy. The Governor
recently announced that the California Economy would fully reopen June 15 under the
following criteria:
1. If Vaccine Supply is sufficient for Californians 16 years and older who wish to be
inoculated; and
2. If hospitalization rates are stable and low.
While case counts and testing positivity rate are lower, the variety of COVID variants
requires that social distancing and mask wearing continue to be a high priority. The
State of California’s vaccination portal https://myturn.ca.gov/ includes updated
information on eligibility tiers and vaccination locations. Starting in May, vaccinations
will be expanded to every individual 16 years and older.
The Council is being asked to continue the Local State of Emergency (Attachment 1)
regarding the COVID-19 pandemic, which was last adopted by Council on March 2,
2021, as is required every 60 days during the existence of the local emergency. The
City Manager, as the Emergency Services Director for the City, also intends to
continue the activation of the Emergency Operations Center at the lo west 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 through out
the City. Should the Governor move forward with fully reopening the economy in
June, staff will bring an item to Council for consideration discontinuing the local
emergency at that time.
ANALYSIS:
The City has taken extraordinary actions and precautions to help protect residents,
businesses and our workforce from community spread of COVID-19. The City has
transitioned to online service delivery and recreation programming to better serve the
public, and recently began a limited reopening by appoint ment only for certain in-person
services. The current status of city services is noted below and may change based on
the latest guidance and orders from State and County Public Health Officials.
City Operations:
• City Hall began limited reopening by appointment only starting April 12 for in-
person building, planning, public works/engineering, as well as transit passes,
Diamond Ride identifications, and environmental services. Appointments are
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available Monday through Thursday from 8am to 12pm. Prior to entering the City
Hall lobby, residents and patrons must go through a temperature screening
process. Appointments may be scheduled online through the City website.
• Diamond Bar Center staff is preparing for a limited reopening by appointment
only starting May 1 for tours and Recreation registration. Hours of operation will
be Monday through Friday from 8am to 12pm, Wednesday and Thursday
evenings from 5:30 to 7:30pm, and Saturday’s from 8am to 12:30pm. Heritage
Park will remain closed.
• City playgrounds, skate park, ball fields, tennis/pickleball courts,
Basketball/volleyball courts, picnic shelters, trails, and dog park are open under
required guidelines issued by Los Angeles County Public Health.
• City Staff continue to work remotely, with plans underway for future modifications
in accordance with City policies and required guidelines issued by Los Angeles
County Public Health.
• City Staff is preparing to return to in-person Council/Commission meetings with
appropriate safety protocols and limited public attendance based on room
capacity and spacing requirements.
• Street sweeping activities continue, with the resumption of parking enforcement
in January 2021.
Recreation & Special Events Update:
• Virtual recreation programs are being expanded, with in-person and virtual
recreation programming available for residents – with information on the City
website. Recreation staff continues to sell Rec-to-go bags for community youth.
• Recreation staff and Council conducted a senior bag giveaway, and will evaluate
future opportunities should resources become available.
• Community in-person special events remain cancelled or postponed, with plans
underway for Summer and Fall pending State and County reopening plans.
• Field allocations for youth sports organizations are following City policies and in
accordance with LA County Public Health.
The City continues to encourage 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 compliant with
Public Health Orders.
LEGAL REVIEW:
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City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.4.a Resolution No. 2021-14, Declaration of Emergency Extension
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RESOLUTION 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
of Diamond Bar; and
WHEREAS, COVID-19 has spread globally to over 192 countries, infecting more
than ___________ persons and killing nearly _________ individuals worldwide. As of
March 1, 2021 there were nearly ____________ cases in the United States with more
than __________ deaths, including _________ cases and _______ deaths in Los
Angeles County (________ cases and ____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
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Resolution No. 2021-14
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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 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 Diamond Bar City Council adopted Resolution 2020-12 on May 5,
2020, extending the local emergency due to the continued existen ce of a local
emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution No. 2020-22 on
July 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
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Resolution No. 2021-14
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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
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Resolution No. 2021-14
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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 4th day of May, 2021.
___________________________
Nancy Lyons, Mayor
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Resolution No. 2021-14
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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 4th day of May,
2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Kristina Santana, City Clerk
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