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08. Adopt Reso Ratifying Proclamation of the Existence of a Local Emergency1\-D. CityofDowney AGENDA MEMO t ·=- .. . TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GILBERT A. LIVAS, CITY MANAGER DATE: MARCH 24, 2020 Item No. APPROVED BY CITY MANAGER SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY RECOMMENDATION That the City Council adopt the attached Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AND THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO RESPOND TO THE EMERGENCY BY CITY MANAGER ACTING AS DIRECTOR OF EMERGENCY SERVICES; AND TO AUTHORIZE THE CITY MANAGER ACTING AS DIRECTOR OF EMERGENCY SERVICES TO REQUEST FINANCIAL ASSISTANCE FROM FEDERAL AND STATE AUTHORITIES BACKGROUND On March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California due to the number of confirmed cases of the novel coronavirus (COVID-19), a respiratory disease that may result in serious illness or death and is easily transmissible from person to person and poses conditions of extreme peril to the public health and safety of persons, in the State. Additionally on March 4, 2020, the Los An geles County Public Health Department declared a local health emergency due to the spread of COVID-19. On March 11, 2020, the World Health Organization declared the COVI D-19 outbreak a global pandemic. To date, there have been 144 confirmed cases, including 1 death in Los Angeles County as a result of this virus. DISCUSSION Pursuant to Article II, Chapter 4, Part 4 of the Downey Municipal Code, Section 2434(a)(1) and Government Code Section 8630(a), the City Manager acting as the Director of Emergency Services is authorized to proclaim the existence or threatened existence of a public emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session. On March 18, 2020, the City Manager, in his capacity as Director of Emergency Services, Proclaimed an Emergency due to conditions of extreme peril to the safety of persons and property within the City of Downey because of the global spread of COVID-19. RESOLUTION NO. 20-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AND THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO RESPOND TO THE EMERGENCY BY CITY MANAGER ACTING AS DIRECTOR OF EMERGENCY SERVICES; AND TO AUTHORIZE THE CITY MANAGER ACTING AS DIRECTOR OF EMERGENCY SERVICES TO REQUEST FINANCIAL ASSISTANCE FROM FEDERAL AND STATE AUTHORITIES WHEREAS, pursuant to Article II, Chapter 4, Part 4 of the Downey Municipal Code, Section 2434(a)(1) and Government Code Section 8630(a), the City Manager acting as the Director of Emergency Services is authorized to proclaim the existence or threatened existence of a public emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the novel coronavirus (COVID-19) is a respiratory disease that may result in serious illness or death and is easily transmissible from person to person and poses conditions of extreme peril to the public health and safety of persons; and WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public emergency for COVID-19 beginning on January 27, 2020; and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID-19 in the State; and WHEREAS, on March 4, 2020, Los Angeles County declared an emergency due to the number of confirmed cases of COVID-19 in the County, thus enabling Los Angeles County to take extraordinary measures; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a global pandemic; and WHEREAS, Los Angeles County announced that the number of confirmed COVID-19 cases in the County is approximately 144 with 1 death; and the Los Angeles County Department of Public Health on March 16, 2020 issued a Health Order prohibiting all indoor and private gatherings and all outdoor public and private events of no more than 50 people; and WHEREAS, COVID-19 therefore has and will continue to cause conditions of peril to the health, safety, and welfare of persons and property in the City of Downey; and WHEREAS, preparing for, responding to, mitigating, and recovering from the spread of RESOLUTION NO. 20-XX PAGE 2 COVID-19 requires the City to divert resources from normal day-to-day operations, and has and will continue to impose extraordinary requirements on and expenses to the City; and WHEREAS, on March 18, 2020, the City Manager acting as the Director of Emergency Services proclaimed the existence of a Local Emergency within the City of Downey; and WHEREAS, the City Council hereby finds that the above described conditions related to the COVID-19 outbreak did warrant and necessitate the proclamation of the existence of a local emergency in the City of Downey by the City Manager acting as the Director of Emergency Services; WHEREAS, the conditions related to the COVID-19 outbreak has caused the need to make city staffing modifications and to expend public money to protect the public health and safeguard life, health, and essential public services; and WHEREAS, the Local Emergency will require financial and other assistance from State and Federal authorities. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitations are true and correct. SECTION 2. That said Proclamation of a Local Emergency, as issued on March 18, 2020 by said City Manager acting as Director of Emergency Services, is hereby ratified by the Downey City Council; and SECTION 3. Based on the Recitals above, that the City Council does hereby finds and orders the following: A. A Local Emergency now exists throughout the City; B. During the existence of said Local Emergency the powers, functions and duties of the Emergency Organization of City shall be those prescribed by state law, by ordinances and resolutions of City, as approved by the City Council; C. During the existence of said Local Emergency, City shall follow and impose all directives, mandates, Executive Orders and any other emergency related restrictions issued by the State of California and/or the County of Los Angeles, including any and all social distancing recommendations; D. The City Manager is authorized to direct the immediate closure of City facilities RESOLUTION NO. 20-XX PAGE 3 (including City Hall) during normal business hours should he deem it necessary and make any necessary city employee staffing changes if required to address the Local Emergency; E. Persons doing essential business with the City are requested to the extent possible to conduct business remotely using technology (i.e., phone, email, fax); F. If it is necessary to close Downey city facilities or if a shelter in place order is in effect in the City of Downey, the City will be unable to timely respond to requests for public records or meet other deadlines including the Permit Streamlining Act. In such event, the City considers such deadlines to be tolled during the period in which Downey Facilities are closed or a shelter in place order is in effect in the City of Downey; G. The City Manager’s purchasing authority is hereby increased to meet the needs of addressing this Local Emergency; H. The normal City goods and service procurement requests and purchase practices, including bidding requirements, are stayed during this period of the Local Emergency; I. Purchases of items that are not budgeted are authorized to be purchased in order to respond during this period of the Local Emergency; J. All City officers and employees to assist 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 in addressing this Local Emergency; K. Any other actions deemed necessary by the City Manager to reasonably respond to the emergency shall be taken to effectively serve the community within the City. SECTION 4. That the City Council finds based on substantial evidence that the public interest and necessity demanded the immediate expenditure of public money by the City Manager, acting as the Director of Emergency Services, to safeguard life health, or essential public services; and that the emergency would not not permit a delay resulting from a competitive solicitation for bids; that this action was necessary to respond to the Local Emergency, and that the City Manager’s action, in responding to the Local Emergency prior to the adoption of this Resolution, is hereby ratified. RESOLUTION NO. 20-XX PAGE 4 SECTION 5. That the City Manager is hereby directed to report to the City Council at least every thirty (30) days or more often as required until the emergency action is terminated. SECTION 6. That the City Manager is authorized to request financial assistance from the State of California and Federal Government on behalf of the residents and City of Downey; and SECTION 7. That said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Downey, Los Angeles County, California. SECTION 8. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this ___________day of _________________, 2020. _________________________________ BLANCA PACHECO, Mayor ATTEST: ______________________________ MARIA ALICIA DUARTE, CMC CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular Meeting held on the ______________day of ___________________, 2020, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: MARIA ALICIA DUARTE, CMC City Clerk