BEVERLY
HiLLS
AGENDA REPORT
Meeting Date: April 18, 2023
Item Number: E-4
To: Honorable Mayor and City Council
From: Cynthia Owens, Municipal Affairs Program Manager
Subject: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY
BY THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF BEVERLY HILLS
Attachments: 1. Resolution
2. Proclamation of a Local Emergency by the City Manager/Director of Emergency Services of the City of Beverly Hills;
3. Resolution 20-R-13278 — Ratifying the Director of Emergency Services’ Proclamation of the Existence of a Local Emergency
RECOMMENDATION
Staff recommends the City Council adopt a resolution (Attachment 1) to terminate the proclamation of a local emergency by the City Manager/Director of Emergency Services in response to COVID-19.
INTRODUCTION
This item requests the City Council to consider ending the City’s proclamation of a local emergency by the City Manager/Director of Emergency Services in response to COVID 19 as the impacts to as the community spread of COVID-19 has decreased locally and statewide, and the need for continued resources to respond to the COVID-19 pandemic are within the control of the services, personnel, and equipment of the City.
DISCUSSION
On January 30, 2020, the World Health Organization declared COVID-19 a public health emergency of international concern. On January 31, 2020, the United States Health and Human Services Secretary Alex M. Azar II declared the COVID-1 9 global outbreak a public health emergency for the United States in order to aid the nation in responding to COVID-1 9.
Meeting Date: April 18, 2023
On March 4, 2020, Governor Newsom declared a state of emergency as part of the state’s response to the global COVID-19 pandemic and to make additional resources available to the state.
On March 13, 2020, the President of the United States declared a national emergency over the COVID-19 pandemic by invoking the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC, § 5121-5207 — Stafford Act).
On March 15, 2020, then Beverly Hills City Manager George Chavez, in accordance with Government Code § 8630 and Beverly Hills Municipal Code § 2-4-107 and acting in his role as Director of Emergency Services, declared a local emergency in response to the ongoing public health concerns surrounding COVID-19 (Attachment 2).
On March 16, 2020, the City Council adopted a resolution ratifying the City Manager’s/Director of Emergency Services’ proclamation of a local emergency in response to the COVID-19 pandemic (Attachment 3).
As of April 5, 2023, the City of Beverly Hills had 11,504 cases of COVID-19 since the start of the pandemic with 56 deaths according to the Los County Public Health Department. The cases in Los Angeles County and Beverly Hills spiked at various times throughout the pandemic; however, as community spread of COVID-1 9 has decreased locally and statewide, and the need for continued resources to respond to the COVID-1 9 pandemic are within the control of the services, personnel, equipment, and facilities the City has. Therefore, it is recommended the City Council consider ending the local emergency.
Additionally, Governor Gavin Newsom ended the state’s state of emergency related to COVID-19 on February 28, 2023 and Los Angeles County’s declaration of a local emergency ended on March 31, 2023 due to low community transmission rates and a steady decline in pandemic-related hospitalizations over the recent months.
Furthermore, based on current COVID-19 trends, the United States Department of Health and Human Services is planning for the federal Public Health Emergency for COVID-1 9, declared under § 319 of the Public Health Service Act, to expire at the end of the day on May 11,2023.
The termination of the local state of emergency will end the City’s pandemic response, but it should be noted that the threat posed by COVID-19 will continue. Staff will continue to monitor the impacts locally of COVID-19 and report back to the City Council as needed should further action be required.
FISCAL IMPACT
In order to receive reimbursement from Federal Emergency Management Agency (FEMA) for a local emergency, both the state and federal government have to declare a state of emergency as well as the City. Any expense incurred by the City prior to the declarations of these emergencies, are not eligible for reimbursement. Once the federal government or the state ends their declaration of an emergency, then the City becomes ineligible for reimbursement from FEMA for costs incurred after the end of that declaration even if a local emergency still exists.
As the Governor ended California’s state of emergency on February 28, 2023, the City may only recover costs from March 15, 2020 (the day the City declared a local Page2of3
Meeting Date: April 18, 2023
emergency) through February 28, 2023 (the day the Governor terminated the emergency declaration for the state), even though the federal emergency declaration remains in place.
City staff have diligently recorded emergency response activities and have submitted $2.7 million of such costs to FEMA for review and reimbursement. To date, the City received $0.2 million in reimbursed funding from FEMA with an additional $0.1 million obligated and awaiting disbursement. At this time, it is unknown for how much FEMA may reimburse the City at the end of their evaluation.
No additional program costs or impacts to the City is anticipated by terminating the local emergency.
Gabriella Yap
Senior Policy & Management
Administrator, Public Safety
Approved By
Attachment I
RESOLUTION NO. 23-R-___
RESOLUTION OF THE COUNCIL OF THE CITY OF
BEVERLY HILLS TERMINATING THE PROCLAMATION
OF A LOCAL EMERGENCY BY THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES OF
THE CITY OF BEVERLY HILLS
WHEREAS, on March 15, 2020, then Beverly Hills City Manager George Chavez, in accordance with Government Code § 8630 and Beverly Hills Municipal Code § 2-4-107 and acting in his role as Director of Emergency Services, declared a local emergency in response to the ongoing public health concerns surrounding COVID-19; and WHEREAS, on March 16, 2020, the City Council adopted Resolution No. 20-R-13278 ratifying the City Manager’s/Director ofEmergency Services’ proclamation of a local emergency in response to the COVID-19 pandemic; and
WHEREAS, the City of Beverly Hills undertook preventive and proactive measures to slow the spread ofthe COVID-19 virus, including but not limited to adopting measures requiring face masks to be worn in public and prohibiting non-urgent medical treatments; and WHEREAS, the City of Beverly Hills implemented a series of measures to support residents and businesses while they contended with the challenges presented by COVID-19 including but not limited to access to free meals for seniors, a moratorium on evictions, caps on delivery service commissions, and authorization to conduct dining and other businesses on the City’s public rights-of-way; and
WHEREAS, recent COVID-19 variants have caused mild illness and fewer hospitalizations compared to previous strains ofthe virus and the need for resources to respond to the pandemic is decreasing; and
WHEREAS, the community spread ofCOVID-l9 has decreased locally and statewide; and WHEREAS, the need for continued resources to respond to the COVID-19 pandemic are within the control of the services, personnel, equipment, and facilities the City; and WHEREAS, the Governor of the State of California declared an end to the California COVID-19 State of Emergency on Tuesday, February 28, 2023, and will continue California’s pandemic response efforts that align with current and future federal Department of Health and Human Services and Centers for Disease Control and Prevention guidance and requirements; and WHEREAS, the Los Angeles County Board of Supervisors ended Los Angeles County’s declaration of a local emergency on March 31, 2023 due to low community transmission rates and a steady decline in pandemic-related hospitalizations over the recent months. —1—
B0785-0001\2799369v2doc
NOW, THEREFORE, the Council ofthe City of Beverly Hills resolves as follows:
Section 1. The proclamation of a local emergency related to COVID-19, as issued by the City Manager/Director of Emergency Services, is hereby terminated, effective April 19, 2023.
Section 2. Effective Date. This resolution shall become effective at 12:02 a.m. April 19, 2023.
Section 3. Certification. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolution of the Council ofthis City.
Adopted:
Effective:
JULIAN A. GOLD, M.D.
Mayor of the City of
Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
APPROVED AS FORM: APPROVED AS CONTENT:
(vuta S. UXw,r
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
-2-
BO785OOO1\2799369v2doc
DocuSign
Certificate Of Completion
Envelope Id: Bi 3006FF43F940359DC391 91 EB2E2D59 Status: Sent Subject: Please sign DocuSign: FINAL Resolution Terminating Local Emergency.pdf Source Envelope:
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Policy & Management Analyst
City of Beverly Hills
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Julian A. Gold, M.D.
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Shani Parker
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City of Beverly Hills
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City of Beverly Hills
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COPIED
COPIED
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Attachment 2
PROCLAMATION OF A LOCAL EMERGENCY BY THE CITY MANAGER/DIRECTOR OF EMERGENCY
SERVICES OF THE CITY CF BEVERLY HILLS
WHEREAS. Government Code § 8630 and Section 24407 of the Munkipa Code & the City ci Bever’y Hills empowers the City Manager/Director of Emergency Services t, prodam the exstence of a loc emergency z defined tGovernment Code § 8558 subdivision (C) when the City Council not i session; and
WHEREAS, the City Manager/Director of Emergency Setices of the City of Beverly Kills does hereby find that extreme threat public health now exists in the City ci Beverly Hills due to the Novel Coronavirus (COVID-19); and
WHEREAS, the City Council of the 8everiy Hills is riot in session and cannot immediately be called in session;
NOW THEREFORE, THE cirii MANAGER/DIRECTOR Of EMERGENCY SERVICES DECLARES AND PROCLAIMS THAT conditions of extreme peril the safety of persons and property have arisen throughout the City of Beverly Hills and a local emergency now exists in the City of Beverly Kills; and IT LS FURTHER PROCLAiMED AND ORDERED THAT during the existence of this local emergency the powers, functions, and duties of the emergency organization of Beverly Hills shalL be those prescribed state law, ordinances, resolutions and approved emergency plans of the City of Beverly HiUs The City Council shall take action to ratify this proclamation within seven days. the local emergency shall riot remain effect
Dated: March 15, 2020
George Chavez
City Manager/Director of Emergency SeMces
Attachment 3
RESOLUTION NO. 20-R- 13278_-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BEVERLY HILLS RATIFYING THE DIRECTOR OF
EMERGENCY SERVICES’ PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY
WFIEREAS, Section 2-4-107 of the Municipal Code of the City of Beverly Hills empowers the Director of Emergency Services to proclaim the existence of a local emergency when the City is affected by an emergency that threatens the safety of persons or property caused by epidemic or other condition, and the City Council of the City of Beverly hills is not in session. subject to ratification by the City Council within seven days: and WHEREAS. the City Council does hereby find that conditions of disaster or of extreme peril to the safety of persons and property have arisen internationally, within the United States. and within said city, caused by the introduction ofthe novel coronavirus (“COVID-19’), a novel communicable disease. comluencing on or about December 2019. On January 30. 2020 the World Health Organization declared the COVID-19 outbreak a Public Flealth Emergency of International Concern. On January 3 1. 2020, the United States Secretary of Health and Human Services declared a Public Health Emergency to aid the nation in responding to COVID-1 9. On February 2. 2020. the federal government began restricting the entry of foreign nationals traveling to the United States from affected countries, performing risk assessments and requiring monitoring, federal quarantine, or medical isolation and care based on assessed risk. On February 26, 2020. the Center for Disease Control confirmed the first possible case of community spread of COVID-19 in the United States. Since that time, there has been a significant escalation of United States domestic cases of and deaths from COVID-19. COVID 19 has spread globally, throughout the United States and California infecting hundreds of thousands of individuals worldwide, including hundreds of cases in the United States and California. COVID-19 has created conditions that are likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat. The City’s ability to mobilize local resources, coordinate interagency response. accelerate procurement of vital supplies. use mutual aid. and seek future reimbursement by the state and federal governments will be critical to successfully responding to COVID-19: and WHEREAS. the City Council does hereby find that the above described conditions of disaster or of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency: and
WHEREAS. the Director of Emergency Services of the City of Beverly Hills did proclaim the existence of a local emergency within this City on the 15th day of March, 2020: and NOW. THEREFORE BE IT PROCLAIMED AND ORDERED. by the City Council that the Proclamation of a Local Emergency. as issued b the I)irector of Emergency Services, is hereby ratified and confirmed.
ATTEST:
HUMA ARMED
City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:
GEORGE
City Manager
-2-
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this City, and by the City of Beverly Hills SEMSINIMS Emergency Operations Plan.
IT IS FURTHER PROCLAIMED AND ORDERED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council ofthe City of Beverly Hills, State ofCalifornia.
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor of California, pursuant to the Emergency Services Act; issue a proclamation declaring an emergency in Los Angeles County; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
Adopted: March 16, 2020
MIRISCH
the City of Beverly Hills,
(SEAL)
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