HomeMy WebLinkAboutRES 2022-59RESOLUTION NO. 2022-59
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 646,309,462 persons and killing nearly 6,643,612 individuals worldwide. As of
December 5, 2022 there were nearly 99,068,357 cases in the United States with more
than 1,232,801 deaths, including 3,562,059 cases and 34,251 deaths in Los Angeles
County (12,649 cases and 121 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
significant number of cases and deaths from COVID-19 still occurring in the United
States, California, and 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 COVI1J-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. 2022-59
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
191 2020, proclaiming the existence of a local emergency in response to the COVID-19
public health emergency; and
WHEREAS, on June 15, 2021, the Governor retired the Blueprint for a Safer
Economy, phasing out the majority of executive actions put in place since March 2020,
including elimination of social distancing requirements and occupancy limitation, with a
few exceptions, but leaving in place many other executive orders and declaration of
emergency; and
WHEREAS, the Diamond Bar City Council subsequently adopted Resolution Nos.
2020-12, 2020-22, 2020-381 2020-41, emu 2021-06, 2021-14, 2021-32, 2021-47,
2021-561 2022-071 2022-151 2022-35, 2022-46, and 2022-51 extending the local
emergency due to the continued existence of a local emergency; 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:
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Resolution No. 2022-59
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
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 in accordance with Assembly
Bill 3611 it is the present intent of the City Council to conduct hybrid council meetings in
which the City Council, staff and the public can either attend in person or via
teleconferencing and other electronic means to afford council members, staff and
members of the public the ability to implement recommended social distancing and
otherwise provide for their own safety, while still proceeding with the efficient handling of
the City's business, while providing opportunities for public participation.
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.
Resolution No. 2022-59
PASSED, APPROVED AND ADOPTED this 6t" day of December, 2022.
CITY OF
ATTEST:
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Mayor
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution was duly passed, approved and adopted by the City Council of the City
of Diamond Bar at a regular meeting held on the 6th day of December, 2022, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Low, Teng, Tye, MPT/Liu, M/Chou
None
None
None
Kristina Santana, City Clerk