HomeMy WebLinkAboutMarch 18, 2020 Emergency City Council Meeting Agenda Packet (2)March 18, 2020 Dublin City Council Emergency Meeting Page 1 of 2
A G E N D A / N O T I C E
DUBLIN CITY COUNCIL
EMERGENCY MEETING
Wednesday, March 18, 2020, 12:00 p.m.
REGIONAL MEETING ROOM
100 CIVIC PLAZA, DUBLIN, CA 94568
• Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)
• Agendas may be picked up at the City Clerk's Office for no charge.
• A complete packet of information containing Staff Reports and exhibits related to each item is available
for public review at least 72 hours prior to a Regular City Council Meeting or, in the event that it is
delivered to the City Councilmembers less than 72 hours prior to a City Council Meeting, as soon as it is
so delivered. The packet is available in the City Clerk’s Office, the Dublin Senior Center, and at the
Dublin Library.
Notice is hereby given that an Emergency Meeting of the City of Dublin City Council will be held on
Wednesday, March 18, 2020, at 12:00 p.m.
Pursuant to Executive Order N-25-20, Mayor David Haubert, Vice Mayor Arun Goel, and
Councilmembers Hernandez, Kumagai, and Josey will be attending the Emergency Meeting via
teleconference. All votes during the teleconferencing session will be conducted by roll call vote.
If the public wishes to provide comment on any of the agendized items they can appear in person in the
Regional Meeting Room or join the meeting via teleconference.
To join the meeting via conference call, dial 1 (747) 200-1949 (Conference ID: 180 934 043#) from any
telephone.
1. Call to Order and Pledge of Allegiance
2. Local Emergency Proclamation
The City Council will consider adopting a Resolution Ratifying and Extending the Proclamation of
Existence of a Local Emergency, Cancelling Regular Meetings of the City Council and City Commissions
and Committees During the Local Emergency, and Delegating Authority to the City Manager/Director of
Emergency Services all as Related to COVID-19 Pandemic. The Resolution provides for several
delegations of authority to the City Manager in order to continue essential governmental functions and to
minimize any disruption to residents for the duration of the local emergency.
STAFF RECOMMENDATION:
Adopt the Resolution Ratifying and Extending the Proclamation of Existence of a Local Emergency,
Cancelling Regular Meetings of the City Council and City Commissions and Committees During the Local
Emergency, and Delegating Authority to the City Manager/Director of Emergency Services all as Related
to COVID-19 Pandemic.
3. Discussion of City Actions to Comply with the ‘Shelter in Place’ Order
The City Council will receive an update from the City Manager regarding the ongoing efforts to maintain
City service delivery and will have an opportunity to discuss the COVID-19 matter.
4. Adjournment
STAFF REPORT
CITY COUNCIL
DATE: March 18, 2020
TO: Honorable Mayor and City Council
FROM: Linda Smith, City Manager/Emergency Services Director
SUBJECT: Ratification of Local Emergency Proclamation and Delegating
Authority to the City Manager/Director of Emergency Services
Prepared by John Bakker, City Attorney and John Stefanski,
Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting a Resolution Ratifying the Proclamation of
Existence of a Local Emergency and Delegation of Authority. The Resolution also
provides for several delegations of authority to the City Manager in order to continue
essential governmental functions and to minimize any disruption to residents for the
duration of the local emergency.
RECOMMENDATION:
Adopt the Resolution Ratifying and Extending the Proclamation of Existence of a Local
Emergency, Cancelling Regular Meetings of the City Council and City Commissions and
Committees During the Local Emergency, and Delegating Authority to the City
Manager/Director of Emergency Services all as Related to COVID-19 Pandemic.
FISCAL IMPACT:
None.
DESCRIPTION:
Situation Status
Novel Coronavirus (COVID-19) first originated in Wuhan Hubei Province, China and
began spreading among humans in December 2019. The Centers for Disease Control
and Prevention (CDC) states that COVID-19 is a contagious respiratory illness that
spreads mainly between people who are in close contact with one another or have
touched a surface with the virus and then touched their own mouth, nose or possibly their
eyes. At this time, there is no specific vaccine to protect against COVID-19, nor is there
an antiviral treatment for COVID-19.
Cases of COVID-19 have been diagnosed throughout the United States, originally in
individuals who traveled to other countries with COVID-19 outbreaks, however there has
now been a proliferation of cases of “community spread” COVID-19 involving individuals
who have not traveled overseas and who have no known connections to overseas travel.
The CDC, United States Health and Human Services Agency, California Department of
Public Health, Alameda County Health Care Services Agency, and the Alameda County
Office of Emergency Services are now working together to monitor and plan for the spread
of COVID-19 to support and guide local actions to preserve public health.
As of the drafting of this staff report, there are 184,248 cases of COVID-19 in 162
Countries with 7,128 total deaths. There are 472 cases in California, with 258 cases in
the Bay Area. Alameda County now has 18 positive cases of COVID-19. There is
evidence of widespread community-acquired transmission.
Proclamation of Local Emergency
On January 31, 2020, the Secretary of the Unites States Department of Health and
Human Services declared a public health emergency for the United States.
On March 1, 2020, the Health Officer of Alameda County declared a public health
emergency.
On March 4, 2020, the Governor of California issued a State of Emergency Proclamation
for the State of California.
On March 16, 2020, the Alameda County Health Officer issued an Order (the “Order”)
directing all individuals living in the County to shelter at their place of residence, subject
to certain exceptions, from 12:00AM on March 17, 2020 through 11:59PM on April 7,
2020.
On March 16, 2020, in response to the Order and the evidence of community-acquired
transmission within Alameda County, the City Manager acting in her capacity as Director
of Emergency Services, proclaimed the existence of a local emergency within the City of
Dublin pursuant to Dublin Municipal Code (DMC) Chapter 2.44.060(A).
Delegation of Authority
Section 10(d) of the Order authorizes the City to determine the “Essential Governmental
Functions” that must continue. The City may designate appropriate employees or
contractors to continue providing and carrying out said functions. These functions shall
be performed in compliance with the Social Distancing Requirements promulgated by the
Order. The City of Dublin has spent the last two weeks preparing the organization to
operate in a remote work environment for functions which can be completed remotely.
Core business operations authorized by the Order will continue, including employee
payroll, residential and public work inspections, and permit issuance. Police and Fire
services will continue their operations in a typical fashion and will make staffing
adjustments as needed to address the emergency conditions.
The attached Resolution would, during the pendency of the emergency, cancel all
regularly scheduled City Council, Commission and Committee meetings. The Order and
guidance and orders from other public health authorities limit the City’s ability to conduct
public meetings, necessitating this change in the City’s day-to-day operations. Nothing
in the Resolution would prevent the City Manager or the Council from convening a Special
or emergency meeting as may be necessary.
In order to continue essential governmental functions and to minimize any disruption to
residents, the attached Resolution delegates certain authority to the City Manager subject
to later ratification by the City Council. It authorizes and orders the City Manager to take
administrative actions necessary to conduct the routine municipal affairs of the City. This
includes, but is not limited to, necessary budget adjustments, pay determinations for staff
with work constrained by the Order, and other tasks that may arise during this
extraordinary circumstance. Furthermore, the Resolution delegates, pursuant to DMC
2.04.190, to the City Manager the authority to approve contracts above $45,000. This
delegation shall be in effect for the length of the local emergency.
Next Steps
The Resolution provides that the local emergency will continue to exist until its termination
is proclaimed by the City Council of the City of Dublin. Pursuant to Section 8630, Article
14 of the California Emergency Services Act, City staff is required to place an item on a
future City Council agenda for review at least every sixty (60) days from the effective date
of the Resolution to determine the need for continuing the local emergency. The City
Manager will promptly present an item to the City Council seeking to terminate the
emergency at such time as conditions warrant it.
Staff will monitor developments from the COVID-19 pandemic and will remain in contact
with the Alameda County Office of Emergency Services and Alameda County Health Care
Services Agency for the term of this local emergency.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH
None.
ATTACHMENTS:
1. Resolution Ratifying and Extending the Proclamation of Existence of a Local
Emergency, Cancelling Regular Meetings of the City Council and City Commissions
During the Local Emergency, and Delegating Authority to the City Manager/Director
of Emergency Services All as Related to the Covid-19 Pandemic
2. Exhibit A to the Resolution, Proclamation of Existence of a Local Emergency by
Director of Emergency Services
Reso XX-XX, Adopted 3/18/20, Item 2. Page 1 of 3
RESOLUTION NO. XX-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
RATIFYING AND EXTENDING THE PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY, CANCELLING REGULAR MEETINGS OF THE CITY COUNCIL AND CITY
COMMISSIONS DURING THE LOCAL EMERGENCY, AND DELEGATING AUTHORITY TO
THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES ALL AS RELATED TO THE
COVID-19 PANDEMIC
WHEREAS, Section 8630, Article 14, of the California Emergency Services Act
empowers the City Council to proclaim the existence or threatened existence of a local
emergency when the City of Dublin is affected or likely to be affected by a public calamity; and
WHEREAS, Chapter 2.44 (Disaster Preparedness) of the Dublin Municipal Code similarly
empowers the City Manager, in his or her capacity as the Director of Emergency Services, to
proclaim and/or request the City Council to proclaim the existence or threatened existence of a
local emergency; and
WHEREAS, On March 16, 2020 the City’s Director of Emergency Services proclaimed
that a Local Emergency Exists throughout the City of Dublin as a result of the community spread
of COVID-19; and
WHEREAS, Pursuant to Dublin Municipal Code Chapter 2.44.060(A)(1), whenever a
local emergency is proclaimed by the Emergency Director, the City Council shall take action to
ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further
force or effect; and
WHEREAS, the City Council does hereby find that conditions of extreme peril to the
safety of persons and property have arisen with the City of Dublin, caused by COVID-19; and
WHEREAS, the finding is supported by the following facts, which are described in further
details in the accompanying Staff Report:
a. A novel coronavirus (named “COVID-19” by the World Health Organization) was first
detected in Wuhan City, Hubei Province, China, in December 2019. The Centers for
Disease Control and Prevention (“CDC”) has stated that COVID-19 is a serious public
health threat, based on current information.
b. Cases of COVID-19 have been diagnosed in the United States, originally in individuals
who traveled to other countries, and now cases identified as “community spread” of
COVID-19 involving individuals who have not traveled overseas and who have no known
connections to overseas travel.
c. The United States Centers for Disease Control and Prevention (CDC), the United States
Health and Human Services Agency, the California Department of Public Health, the
Alameda County Health Care Services Agency, and the Alameda County Office of
Emergency Services are each working to monitor and plan for the spread of COVID-19 to
support and guide local actions to preserve public health.
Reso XX-XX, Adopted 3/18/20, Item 2. Page 2 of 3
d. Whereas cases of COVID-19 have been identified in Alameda County, as well as in other
Bay Area counties, including the Counties of Contra Costa, Santa Clara, San Mateo,
Marin, Solano, and the City and County of San Francisco.
e. On January 23, 2020, the CDC activated its emergency response system to provide
ongoing support for the response to COVID-19 in the United States.
f. On January 31, 2020, the Secretary of the Unites States Department of Health and
Human Services declared a public health emergency for the United States.
g. On March 1, 2020, the Health Officer of Alameda County declared a public health
emergency.
h. On March 4, 2020, the Governor of California proclaimed a state of emergency exists in
California related to the spread of COVID-19.
i. On March 16, 2020, the City Manager acting in her capacity as Director of Emergency
Services, proclaimed the existence of a local emergency within the City of Dublin
pursuant to Dublin Municipal Code Chapter 2.44.060(A).
j. On March 16, 2020, the Alameda County Health Officer issued an order (the “Order”)
directing all individuals living in the County to shelter at their place of residence, subject
to certain exceptions, from 12:00AM on March 17, 2020 through 11:59PM on April 7,
2020.
WHEREAS, the danger to the public health is such that holding in-person public
meetings during the pendency of the emergency is impossible and imprudent, but routine City
business still needs to be conducted during the pendency of the emergency; and
WHEREAS, the aforesaid conditions of extreme peril warrant and necessitate the
proclamation of the existence of a local emergency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that the
proclamation of the existence of a local emergency issued by the Director of Emergency
Services on March 16, 2020, attached hereto as Exhibit A, is hereby ratified; and,
BE IT FURTHER RESOLVED AND ORDERED that during the existence of said local
emergency the powers, functions, and duties of the City Manager, in their capacity as Director of
Emergency Services, and the emergency organization of this City shall be those prescribed by
state law and by the City of Dublin Municipal Code; and,
BE IT FURTHER RESOLVED AND ORDERED that during the pendency of the
emergency, all regularly scheduled City Council and Commission meetings are cancelled; and
BE IT FURTHER RESOLVED AND ORDERED that the City Manager/Director of
Emergency Services is authorized, to the extent permitted by law, to take all administrative
actions necessary to conduct the routine municipal affairs of the City of Dublin to minimize
negative impacts, including but not limited to necessary budget change adjustments, pay
determinations for staff with work constrained by the Order and any subsequent orders of public
health authorities, including but not limited to the Alameda County Health Officer, the California
Department of Public Health, and the Governor of the State of California, and other tasks that
may arise. The City Manager shall promptly seek to have any such actions ratified by the City
Council at the conclusion of the emergency; and,
BE IT FURTHER RESOLVED AND ORDERED that the City Council delegates, pursuant
to DMC 2.04.190, to the City Manager the authority to approve routine contracts above $45,000
Reso XX-XX, Adopted 3/18/20, Item 2. Page 3 of 3
during the pendency of the local emergency, to the extent permitted by law and provided such
contracts are within existing budget authorizations. The City Manager shall promptly seek to
have the approval of such contracts ratified by the City Council at the conclusion of the
emergency; and,
BE IT FURTHER RESOLVED AND ORDERED that said local emergency shall be
deemed to continue to exist until its termination is proclaimed by the City Council of the City of
Dublin; and,
BE IT FURTHER RESOLVED that City Manager is directed to present an item to the City
Council within sixty (60) days of the effective date of this Resolution to determine the need for
continuing the local emergency pursuant to Section 8630, Article 14, of the California
Emergency Services Act; and,
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2020, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk