CC SR 20200317 01 - Proclamation of Local Emergency
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CITY COUNCIL MEETING DATE: 03/17/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution declaring a local emergency in
response to the novel coronavirus (COVID-19).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2020- __, proclaiming a local emergency in response to
COVID-19
FISCAL IMPACT: The primary costs that would be incurred by the City are for
administrative support staff in the coordination, surveillance, communication and
management of the COVID-19 local emergency, as well as related services and
supplies. Current City costs are being covered by existing department appropriations,
but will be tracked separately in the City’s Disaster Fund. Staff will pursue any available
federal and State reimbursement for all City costs incurred.
ORIGINATED BY: William Wynder, City Attorney
REVIEWED BY: Kit Fox, AICP, Interim Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2020-__, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, PROCLAIMING A LOCAL
EMERGENCY IN RESPONSE TO COVID-19 (page A-1)
BACKGROUND:
The disease caused by novel coronavirus, currently designated COVID-19, was first
detected in Wuhan City, Hubei Province in China in December 2019. Since then, on
January 30, 2020, the World Health Organization (WHO) declared COVID-19 a public
health emergency of international concern. On January 31, 2020, United States Health
and Human Services (HHS) Secretary Alex M. Azar II declared this global outbreak a
public health emergency for the United States. The Centers for Disease Control and
Prevention (CDC) announced on February 25, 2020, that community spread of COVID-
19 is likely to occur in the United States.
The State of California proclaimed a State of Emergency on March 4, 2020. On that
same day, the County of Los Angeles declared a Local Health Emergency. On March
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12, 2020, Governor Newsom issued Executive Order N-25-20, declaring that state and
local public health officials may, as they deem necessary in the interest of public health,
issue guidance limiting or recommending limitations upon attendance at public
assemblies, conferences, or other mass events, which could cause the cancellation of
such gatherings through no fault or responsibility of the parties involved, thereby
constituting a force majeure. On March 13, 2020, President Trump declared a National
State of Emergency.
As of March 15, 2020, the WHO reported that, to date, there were 153,648 confirmed
cases of COVID-19, 5,746 of which resulted in death, across 146 countries. On March
15, 2020, the California Department of Public Health (CDPH) reported that, to date,
California has 247 confirmed cases of COVID-19, five of which have resulted in death.
CDPH also reported that approximately 11,400 Californians who returned to the United
States after travel are self-monitoring. The CDC anticipates that widespread
transmission of COVID-19 in the United States will occur.
As of the preparation of this report, there is one suspected or presumptive (but not yet
confirmed) case of COVID-19 on the Palos Verdes Peninsula. The City’s proposed
actions will provide the City additional powers to coordinate local efforts and identify and
procure resources needed to effectively address the emergency as needed. COVID -19
is a serious public health threat as it is highly contagious and may be spread by
asymptomatic individuals.
Much is unknown about the nature of the virus such as the exact modes of
transmission, the factors facilitating human-to-human transmission, the extent of
asymptomatic viral shedding, mutations, basic reproduction number, and the case
fatality rate. Experts disagree about the incubation period and appropriate quarantine
period. Additionally, there is currently no vaccine to prevent COVID-19 or specific
antiviral treatment that has been found to be effective.
What is known at this time is that the virus is spread between people primarily via
respiratory droplets produced when an infected person coughs or sneezes. Symptoms
of the virus include fever, cough, and shortness of breath, and infected individuals have
experienced a range of outcomes, from mild sickness to severe illness. Based on
experience with other coronaviruses that cause severe respiratory illness, the CDC
currently believes that symptoms appear two to 14 days after exposu re. While the vast
majority of individuals (approximately 87 to 98 percent) will have mild to no symptoms,
or will eventually recover if they do become significantly ill, a small portion of those
infected—about two to three percent—will become severely ill, and may result in death.
Due to the risk to the health, safety and welfare of residents of Rancho Palos Verdes
from COVID-19, Staff is requesting the City Council declare the existence of a local
emergency pursuant to the Government Code section 8630, and Rancho Palos Verdes
Municipal Code Chapter 2.24.
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DISCUSSION:
Government Code §8558 defines a local emergency as “the duly proclaimed existence
of conditions of disaster or of extreme peril to the safety of persons and property within
the territorial limits of a county, city and county, or city, caused by conditions such as air
pollution, fire, flood, storm, epidemic (emphasis added), riot, drought, … or other
conditions, other than conditions resulting from a labor controversy, which are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of
that political subdivision and require the combined forces of other political subdivisions
to combat.” (Emphasis added.) Section 2.60.20 of the Rancho Palos Verdes Municipal
Code (RPVMC) defines “Emergency” in a substantively similar manner.
Under Government Code §8630, the City Council can proclaim the existence of a local
emergency. Under RPVMC §2.24.060, the City Manager as the Director of Emergency
Services, may request the City Council to proclaim the existence or threatened
existence of a local emergency if the City Council is in session, or to issue such
proclamation if the City Council is not in session. On March 14, 2020, the City Manager
activated the City’s emergency operations center (EOC) at Level 3, the lowest level of
activation.
Once the existence of a local emergency is proclaimed, neighboring jurisdictions and
the State have the power to provide mutual aid to address the emergency conditions.
Staff understands that most of our neighboring Peninsula cities have already or intend
to declare local emergencies. Pursuant to Government Code §8630, once proclaimed,
the City Council is required to review the need for continuing the local emergency at
least every 60 days until the local emergency is terminated, and must proclaim the
termination of the local emergency at the earliest possible date that conditions warrant.
Currently, the Governor’s March 4, 2020, declaration of a State of Emergency waived
the 60-day review requirements.
The proclamation recommended in this agenda report will enable the City to more
effectively respond to the potential outbreak, put in place a framework that supports the
continuity of essential public safety services, seek and utilize mutual aid, potentially
obtain reimbursement for expenses incurred to address the pandemic, and ensure the
City has all available tools at its disposal to keep the community safe.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Los Angeles County has already declared the existence of a County-wide
Local Emergency. The City Council could if it wished, pursuant to
Government Code §8630, simply operate under the County’s declaration
of emergency. However, a City declaration of emergency increases the
likelihood of federal or state reimbursement of expenditures incurred to
mitigation the emergency.
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RESOLUTION NO. 2020-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, DECLARING AND
PROCLAIMING A LOCAL EMERGENCY IN RESPONSE TO
COVID-19
WHEREAS, in December, 2019, an outbreak of respiratory illness due to a novel
coronavirus (COVID-19) was first identified in Wuhan City, Hubei, Province, China; and,
WHEREAS, the Center for Disease Control and Prevention (CDC) considers
COVID-19 to be a very serious public health threat with outcomes ranging from very mild
(including some with no reported symptoms) to severe, including illness resulting in death;
and,
WHEREAS, according to the CDC, there is no vaccine to prevent COVID-19 and
there is no specific antiviral treatment recommended for COVID-19 at this time; and,
WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared
a Public Health Emergency of International Concern over the global spread of th e novel
coronavirus (COVID-19); and,
WHEREAS, on January 31, 2020, Health and Human Services (HHS) Secretary
Alex M. Azar II declared a Public Health Emergency for the United States to aid the
nation’s healthcare community in responding to COVID-19; and,
WHEREAS, the California Department of Public Health has activated its Medical
and Health Coordination Center, and the Office of Emergency Services recently activated
the State Operations Center to provide support and guide actions to preserve public
health; and,
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of
Emergency for the State of California; and,
WHEREAS, on March 4, 2020, the County of Los Angeles declared a Local Health
Emergency in response to increased spread of COVID-19; and,
WHEREAS, on March 11, 2020, the WHO characterized COVID -19 as a
“pandemic”; and,
WHEREAS, on March 12, 2020, Governor Newsom issued Executive O rder N-25-
20 regarding COVID-19; and,
WHEREAS, on March 13, 2020, President Trump declared a National State of
Emergency in response to increased spread of COVID-19; and,
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WHEREAS, there is one suspected (but as-yet-unconfirmed) case of COVID-19
on the Palos Verdes Peninsula, COVID-19 is easily transmissible from person to person
and, as of March 15, 2020, has spread globally to over 146 countries and territories, has
infected more than 153,000 individuals and killed more than 5,700 individuals per the
WHO; and,
WHEREAS, it is imperative to prepare for and respond to suspected or confirmed
COVID-19 cases within the City, and to prepare to respond to an increasing number or
individuals who may require medical care; and,
WHEREAS, strict compliance with certain Municipal Code and other City
regulations would prevent, hinder, or delay appropriate actions to prevent and mitigate
the effects of the COVID-19, which issue cannot be timely addressed absent a declaration
of emergency; and,
WHEREAS, per Government Code §8630 a declaration of a local emergency shall
not remain in effect for a period in excess of seven days unless it has been ratified by the
City Council; and,
WHEREAS, Section 2.24.050 of the Rancho Palos Verdes Municipal Code
appoints the City Manager as Director of Emergency Services, and empowers the
Director request the City Council to proclaim the existence or threatened existence of a
local emergency if the City Council is in session, or to issue such proclamation if the City
Council is not in session; and,
WHEREAS, on March 14, 2020, the City Manager activated the City’s Emergency
Operations Center (EOC) at Level 3, the lowest level of activation; and,
WHEREAS, out of an abundance of caution to protect the health, safety, and
welfare of the community, the Director of Emergency Services requested the City Council
to proclaim a local emergency due to the public health threat caused by COVID-19.
WHEREAS, during the existence of the local emergency, and along with all State
and County first response resources, all City first response resources, vehicles, and
services shall be given first priority from shopkeepers and businesses located within the
City, including, but not limited to, water, fuel and gasoline
NOW , THEREFORE, THE RANCHO PALOS VERDES CITY COUNCIL HEREBY
RESOLVES, AS FOLLOWS:
SECTION 1. The conditions of extreme peril to the safety of persons and property
have arisen within the City of Rancho Palos Verdes, caused by the effects of COVID-19.
SECTION 2. The aforementioned conditions of extreme peril warrant and
necessitate the proclamation of the existence of a local emergency by the City, as the
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means to resolve the conditions of extreme peril will probably exceed the capability of the
City.
SECTION 3. The City Council does hereby declare and proclaim the existence of
a local emergency.
SECTION 4. During the existence of such local emergency, the powers, functions,
and duties of the City Manager as Director of Emergency Services and the Disaster Council
of this City shall be those prescribed by State Law, Chapter 2.24 of the Rancho Palos
Verdes Municipal Code, and ordinances and resolutions of this City, and approved plans
of the City in order to mitigate the effects of the local emergency.
SECTION 5. In addition to the powers, functions, and duties already prescribed
above, the Council desires to make clear the powers, functions, and duties include:
(a) As necessary for the public health, life, and property, entering into contracts
to arrange for the procurement of materials, goods, and services needed to assist in
preparing for, containing, responding to, mitigating the effects of, and recovering from th e
spread of COVID-19.
(b) Applicable provisions of the Government Code and the Public Contract
Code, including but not limited to travel, advertising, and competitive bidding requirements,
as well as any City procurement or related policy, are suspended to the extent reasonably
necessary to address the effects of COVID-19.
(c) The Emergency Services Director is expressly authorized to assist with any
lawful order, including the enforcement of an order of quarantine or curfew, as well as
ordering potentially ill City employees to leave the workplace, authorizing certain City
employees to work remotely, taking steps to limit non -essential contact by City employees,
etc., to address the effects of COVID-19.
(d) The Emergency Services Director is expressly authorized at his or her
discretion to invoke force majeure clause on any City agreements or obligations, to the
extent reasonably necessary to address the effects of COVID -19.”
SECTION 6. The local emergency shall be deemed to continue to exist until its
termination is proclaimed by the City Council.
SECTION 7. The Government Code § 8630 requirement that the Council review
of the need for continuing the local emergency at least once eve ry 60 days until the City
Council terminates the local emergency has been waived for the duration of the statewide
emergency declared by Governor Newsom. In the event this declaration of local
emergency extends for more than the duration of the statewide emergency declared for
COVID-19, City Staff are directed to thereafter return this item for Council review of the
need for continuing the local emergency at least once every 60 days until the City Council
terminates the local emergency.
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SECTION 8. This Resolution shall take effect immediately. A copy of the
Proclamation and this Resolution shall be forwarded to the Los Angeles County Operational
Area for transmission to California Emergency Management Agency.
SECTION 9. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED on this 17th day of March 2020.
_____________________
John Cruikshank, Mayor
Attest:
___________________________
Emily Colborn, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2020-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on March 17, 2020.
___________________________
Emily Colborn, City Clerk
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