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HomeMy WebLinkAboutItem 7.1 - 3203 Reaffirmation and Revision of Local Emergen (2) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: May 5, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Resolution Reaffirming and Revising the Proclamation of Existence of a Local Emergency Related to the COVID-19 Pandemic Prepared by: John Bakker, City Attorney and John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting a Resolution Reaffirming and Revising the Proclamation of Existence of a Local Emergency Re lated to the COVID-19 Pandemic. The Resolution makes modifications to Resolution No.18 -20 which ratified and extended the proclamation of existence of a local emergency, cancelled regular meetings of the City Council and City Commissions during the local e mergency, and delegated authority to the City Manager/Director of Emergency Services all as related to the COVID-19 Pandemic. STAFF RECOMMENDATION: Adopt the Resolution Reaffirming and Revising the Proclamation of Existence of a Local Emergency Related to the COVID-19 Pandemic. FINANCIAL IMPACT: None. DESCRIPTION: Situation Status 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 continue to work together to monitor and plan for the spread of COVID-19 to support and guide local actions to preserve public health. Table 1 below provides historical context on the impact of the COVID -19 Pandemic since the City Council adopted Resolution 18-20 on March 18, 2020. Page 2 of 4 Table 1: Historical Context on Impacts of COVID-19 Pandemic As of March 18, 2020 As of April 28, 2020 Confirmed Cases Deaths Confirmed Cases Deaths Worldwide 217,072 8,911 2,699,338 188,437 United States of America 7,038 97 887,787 50,177 State of California 675 15 46,500 1,887 County of Alameda 38 0 1,568 57 City of Dublin Data Unavailable 24 Data Unavailable Timeline of the 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 (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). On March 18, 2020, the City Council adopted Resolution 18-20 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. On March 18, 2020, the Director of Emergency Services partially activated the Emergency Operations Center’s Command and Logistics Sections virtually at Level 1 (Information Level). On March 19, 2020, the Governor of California issued a stay -at-home order to protect the health and well-being of all Californians and slow the spread of COVID-19. On March 31, 2020, the Alameda County Health Officer issued an order (the “Second Shelter Order”) superseding the March 16, 2020 order (“First Shelter Order”), extending the shelter in place until 11:59PM on May 3, 2020, or until it is extended, rescinded, Page 3 of 4 superseded, or amended in writing by the Health Officer. On April 10, 2020, the Director of Emergency Services fully activated the Emergency Operations Center virtually at Level 3 (Response Level) to coordinate the City’s response to the COVID-19 Pandemic. On April 29, the Alameda County Health Officer issued an Order superseding the March 31, 2020 Order (“Second Shelter Order”), extending the shelter in place until 11:59PM on May 31, or until it is extended, rescinded, superseded, or amended in writing by the Health Officer. This “Third Shelter Order” eases some restrictions from the prior orders and provides a framework of indicators which will determine whether modifications to the Order are justified. These include but are not limited to: 1. The trend of the number of new COVID-19 cases and hospitalizations per day 2. The capacity of hospitals and the health system in the County and region, including acute care beds and Intensive Care Unit beds, to provide care for COVID-19 patients and other patients, including during a surge in COVID-19 cases. 3. The supply of personal protective equipment (PPE) available for hospital staff and other healthcare providers and personnel who need PPE to safely respond to and treat COVID-19 patients. 4. The ability and capacity to quickly and accurately test persons to determine whether they are COVID-19 positive, especially those in vulnerable populations or high-risk settings or occupations. 5. The ability to conduct case investigation and contact tracing for the volume of cases and associated contacts that will continue to occur, isolating confirmed cases and quarantining persons who have had contact with confirmed cases. It has become clear that this local emergency will likely exist for the remainder of this Calendar Year in some capacity until a vaccine is developed for mass inoculation. Local Emergency Proclamation Resolution 18-20 ratified and extended the proclamation of the existence of a local emergency and provided for other municipal operational considerations including: The cancellation of all regularly scheduled City Council and Commiss ion meetings during the pendency of the emergency. The authorization for the City Manager/Director of Emergency Services to take all administrative actions necessary to conduct the routine municipal affairs of the City 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 other tasks that may arise and that such actions sha ll be ratified by the City Council at the conclusion of the emergency; The delegation, pursuant to DMC 2.04.190, to the City Manager the authority to approve routine contracts above $45,000 during the pendency of the local emergency, to the extent permitted by law, provided such contracts are within existing budget authorizations, and that such contracts be promptly ratified by the City Council at the conclusion of the emergency. The direction to the City Manager to present an item to the City Council w ithin Page 4 of 4 sixty (60) days of the effective date of the Resolution to determine the need for continuing the local emergency pursuant to Section 8630, Article 14, of the California Emergency Services Act. The attached Resolution reaffirms and revises the proclamation of the existence of a local emergency. Specifically, the Resolution resumes all regularly scheduled City Council and Commission meetings which will be held pursuant to the Governor’s Executive Order N-29-20. This Executive Order suspends certain requirements of the Brown Act and the way in which the public can participate during public meetings. The Resolution also removes the requirement for the City Manager to present an item to the City Council within sixty (60) days to determine the need to continue the local emergency, pursuant to Government Code Section 8630. Th is sixty (60) day requirement has been waived under Paragraph 8 of the Governor’s March 4, 2020 Proclamation of a State. All other resolutions in Resolution 18-20 shall remain in full force and effect. The local emergency will continue to exist until its termination is proclaimed by the City Council. Next Steps Staff will continue to 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 Reaffirming and Revising the Proclamation of Existence of a Local Emergency Related to the COVID-19 Pandemic 2. Exhibit A to the Resolution - Resolution 18-20 RESOLUTION NO. XX-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * REAFFIRMING AND REVISING THE PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY 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, On March, 18, 2020, the City Council adopted Resolution 18-20, incorporated herein by reference and attached as Exhibit A to the 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; and WHEREAS, in adopting Resolution 18-20, the City Council found that conditions of extreme peril to the safety of persons and property had arisen in the City of Dublin, caused by COVID-19, and supported by the following facts, as further described in the March 18, 2020 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. 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 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 aforesaid conditions of extreme peril have continued since the adoption of the March 18, 2020 proclamation of local emergency, as supported by the following facts, and described in further detail in the accompanying Staff Report to this resolution: a. On March 19, 2020, the Governor of California issued a stay-at-home order to protect the health and well-being of all Californians and slow the spread of COVID- 19. b. On March 31, 2020, the Alameda County Health Officer issued an order (the “Order”) superseding the March 16, 2020 order (“Prior Shelter Order”), extending the shelter in place until 11:59PM on May 3, 2020, or until it is extended, rescinded, superseded, or amended in writing by the Health Officer. c. On April 10, 2020, the Director of Emergency Services fully activated the Emergency Operations Center virtually at Level 3 (Response Level) to coordinate the City’s response to the COVID-19 Pandemic. d. As of April 22, 2020, there were 19 confirmed cases of COVID-19 within the City of Dublin, 1,350 confirmed cases and 46 deaths in Alameda County, 37,396 confirmed cases and 1,469 deaths in the State of California, and 887,787 confirmed cases and 50,177 total deaths nationally. WHEREAS, Paragraph 8 of the Governor’s March 4, 2020 Proclamation of State Emergency waived the 60-day time period to renew a local emergency pursuant to Government Code section 8630, for the duration of the state emergency, ordering that a proclaimed local emergency will remain in effect until the city terminates its local emergency; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby rescinds the following paragraphs of Resolution 18-20: BE IT FURTHER RESOLVED AND ORDERED that during the pendency of the emergency, all regularly scheduled City Council and Commission meetings are cancelled; 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 AND ORDERED that during the pendency of the emergency, all regularly scheduled City Council and Commission meetings will be held pursuant to the Governor’s Executive Order N-29-20, which suspends certain requirements of the Brown Act and the way in which the public can participate during public meetings, and/or any superseding Executive Order, and otherwise in accordance with the City of Dublin’s ordinances, resolutions, and policies governing City Council and Commission meetings. BE IT FURTHER RESOLVED AND ORDERED that all other resolutions in Resolution 18-20 shall remain in full force and effect until the City Council terminates its local emergency. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED this 5th day of May 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Reso 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