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HomeMy WebLinkAboutReso 18-20 Proclamation of Existence of a Local Emergency by Director of Emergency ServicesReso 18-20, Adopted 3/18/20, Item 2. Page 1 of 3 RESOLUTION NO. 18-20 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 18-20, 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 emerg ency 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 Alamed a 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 18-20, 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: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY BY DIRECTOR OF EMERGENCY SERVICES WHEREAS, Chapter 2.44.060(A) of the Dublin Municipal Code, adopted on January 14, 1985, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a Local Emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, as the Director of Emergency Services of the City of Dublin, I hereby find that conditions of extreme peril to the safety of persons and property have arisen with said City caused by an outbreak and community spread of COVID-19 in Alameda County; and, WHEREAS, On March 16, 2020 the Alameda County Health Officer issued an Order directing all individuals living in the,county to shelter at their place of residence, subject to certain exceptions, from 12:OOAM on March 17, 2020 through 11:59PM on April 7, 2020; and, WHEREAS, that the aforesaid conditions of extreme peril warrant and necessitate the proclamation the existence of a Local Emergency; and WHEREAS, that the City Council of the City of Dublin is not in session and cannot immediately be called into session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a LOCAL EMERGENCY now exists throughout said City; and, BE IT FURTHER PROCLAIMED that this proclamation shall be in effect for a period of seven days, by which time it must be ratified by the City Council, pursuant to Dublin Municipal Code Section 2,44,060 (A)(1); and. BE IT FURTHER ORDERED THAT all City officers and employees take all steps requested by the City Manager to prevent the spread of COVID-19 and to prevent or alleviate illness or death due to the virus; and, BE IT FURTHER ORDERED THAT all City officers and employees take all steps requested by the City Manager to qualify the City for reimbursement from the Federal Emergency Management Agency and for other state and federal relief as may be available to reimburse the City for the expenses it incurs from this emergency. Date I . Director of Emergency Services