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RESOLUTION NO. _____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK
EXTENDING THE LOCAL EMERGENCY CAUSED BY COVID-19
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Burbank Municipal Code Section 5- 2-106 empowers the Director of Emergency Services, or his designee, to proclaim the existence, or threatened existence of a disaster when said City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to confirmation by the City Council at the earliest practical time.
B. On March 4, 2020, the State of California declared a State of Emergency to exist in California as a result of the threat of COVID-19.
C. The Los Angeles County Board of Supervisors and the Department of Public Health declared a local and public health emergency on March 4, 2020 in response to increased spread of COVID-19 across the country and additional cases in Los Angeles County.
D. The World Health Organization on March 11, 2020, declared the outbreak a pandemic.
E. As proclaimed by the Governor on March 12, 2020, despite sustained efforts, the virus remains a threat, and further efforts to control the spread of the virus to reduce and minimize the risk of infection are needed.
F. As further proclaimed, t he State of California and local governments, in collaboration with the Federal government, continue sustained efforts to minimize the spread and mitigate the effects of COVID-19.
G. Based on the foregoing, t he Director of Emergency Services of the City of Burbank proclaimed the existence, or threatened existence, of a local emergency.
H. The City Council on March 17, 2020, adopted Resolution No. 20- 29,135, which ratified the proclamation of the local emergency by the Director of Emergency Services.
I. On March 19, 2020, the Los Angeles County Public Health Officer issued an Order entitled Safer at Home for Control of COVID -19 (Order). This Order encompassed rules for events and gather ings, social distancing and closure of non- essential business and areas, as well as listing categories of essential businesses allowed to stay open under the Order.
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J. On March 19, 2020, the Governor issued an executive order similar to the Safer at Home Order.
K. Since March 19, 2020, the Stay at Home O rder has been revised on numerous occasions adding to the list of prohibited and allowed activities. The Public Health Order is now known as Reopening Safer at Work and in the Community for Control of COVID-19 and is continually being updated. During this time many more businesses have been allowed to reopen on a limited basis, although some businesses considered high risk activities are not allowed to reopen at all.
L. Starting the week of June 21, 2020, COVID -19 cases were r ising at an alarming rate in California including Los Angeles County. Because of the sharp increases in cases, the Governor ordered all bars in Los Angeles County to close. Toward that end, on June 28, 2020, P ublic Health issued a revised order closing bars, breweries, tasting rooms, craft distilleries and wineries, as well as brew pubs. Also, based on the Governor’s guidance, beaches were closed, and all firework displays were cancelled for 4 th of July
weekend in Los Angeles County.
M. To further stem the increase in COVID -19 cases, on July 1, 2020, the Governor ordered the closure of indoor dining, as well as museums, zoos and entertainment centers for 19 counties in the state including Los Angeles County. Due to the continuing rise in COVID -19 cases, the Governor ordered all restaurants closed to indoor dining statewide, as well as closing other sectors that had been allowed to reopen such as personal care services.
N. Effective November 20, 2020, Los Angeles County began tightening pandemic safeguards and restrictions as COVID-19 cases and hospitalizations increased significantly. The Los Angeles County Health Officer Order was amended numerous times to reflect the list of prohibited and allowed activities.
O. The State announced a Regional Stay at Home Order will go into effect and would remain in effect for at least three weeks in California regions where intensive care unit (ICU) capacity falls below 15%. According to the State, as of December 5, the Southern California Region had 12.5% staffed adult ICU capacity remaining. The Regional Stay at Home Order became effective December 6, 2020 at 11:59 p.m. and remained in effect for at least 3 weeks. Because Los Angeles County is in the Southern California Region, the Los Angeles County Health Officer Order was modified to fully align with additional safety measures across sectors and the required effective date. The Order prohibited private gatherings of any size, closed various sector operations, and required 100% masking and physical distancing. The State Regional Stay at Home Order wa s similar to the existing County Safer at Home Health Off icer with additional sector closings. The Regional Stay at Home Order was extended on December 29, 2020 as the surge in cases and hospitalizations continued.
P. On January 25, 2021, the Regional Stay at Home Order ended and k ey sectors w ere able to reopen immediately . Los Angeles County returned to the most ATTACHMENT 1 Page 3
restrictive purple tier under the State’s Blueprint for a Safer Economy. The Los Angeles County Health Officer Order was amended to align with State guidance. Over the following months, Los Angeles County continued to meet the criteria for less restrictive tiers and revised the County Health Officer Order to reflect any newly permitted activities.
On June 15, 2021, Los Angeles County aligned with the State’s Beyond the Blueprint Framework for Industry and Business Sectors. Therefore, Los Angeles County ended most capacity limits and distancing requirements and adopted Centers for Disease Control and Prevention's masking guidelines.
Q. As COVID-19 cases have significantly increased since June 15, 2021, a revised Los Angeles County Health Officer Order went into effect on July 18, 2021. This Order required face masks to be worn by all persons, regardless of vaccination status , while in all indoor public s ettings and businesses. Modifications regarding Indoor Mega Events and organized youth sports were added to the Order dated August 23, 2021.
R. The Los Angeles County Health Officer Order was amended on September 17 and 28 , 2021 to include the following changes. Beginning October 7, 2021, self - attestation was no longer acceptable for vaccination status or pre-entry negative COVID- 19 test result for both Indoor a nd Outdoor Mega Events. In addition, beginning October 7, 2021, bars, breweries, wineries, distilleries, nightclubs and lounges for indoor services and operations were required to verify the COVID -19 vaccination status of their patrons and employees. The Health Officer also strongly recommended that restaurants and food facilities reserve and prioritize indoor seating service for those who are fully vaccinated against COVID-19. As well as new directives for mega events.
S. On August 12, 2021, the Los Angeles County Health Officer issued a separate Order titled the Health Care Worker Vaccination Requirement, which requir es health care workers, including those in a pre-hospital care environment, to be vaccinated against the COVID-19 virus. This Order required all health care workers to have their first dose of a one-dose regimen or their second dose of a two- dose regimen by September 30, 2021. Personnel may be exempt from this vaccination requirement for religious beliefs or qualifying medical reasons only. Exempt unvaccinated personnel must wear a surgical mask or higher-level respirator approved by the National Institute of Occupational Safety and Health at all times when in a health care facility or inside a residence and must be tested weekly in accordance with the guidance set forth in this Order.
T. On November 19, 2021, the Omicron variant was discovered in Africa and was quickly labeled a Variant of Concern by the World Health Organization. This variant is believed to be more transmissible and has quickly spread to multiple countr ies and multiple states within the United States, including California. As a result, the State of California began taking precautions and reinstating mandatory indoor mask mandates throughout the state regardless of vaccine status beginning December 15, 2021. The mandate was originally scheduled to end on January 15, 2022 but was extended to February 15, 2022. T his has little administrative impact on the City since Los Angeles County already had an indoor mask mandate in place.
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U. Although the Governor and Los Angeles County are allowing for the loosening of rules under the various Orders; these Orders have not been fully lifted. It is estimated that the full reopening and recovery of the economy will take months not weeks.
As such, neither the State nor County has terminated their state of emergency declarations.
V. The Council extended the local emergency on May 12, 2020, June 23, 2020, August 11, 2020, October 6, 2020, November 17, 2020, January 12, 2021, March 2, 2021, April 27, 2021, June 22, 2021, August 10, 2021, October 5, 2021, November 16, 2021 and January 11, 2022 . The CA Government Code requires that the City Council review the declaration of local emergency at least every 60 days to affirm that the conditions of a local emergency still exist.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The local emergency is hereby reviewed, and the declaration of local emergency remains valid and necessary due to the continuing efforts to protect public health and respond to the COVID-19 pandemic, as well as respond to the economic crisis caused by the pandemic. The local emergency shall be extended until terminated.
2. The powers, functions and duties of the emergency organization of the City shall be those prescribed by state law, by Burbank Municipal Code Section 5-2-100 et seq., ordinances and resolutions of the City of Burbank.
3. The Director of Emergency Services is empowered to take all acts pursuant to Burbank Municipal Code Section 5-2-106 to protect life and property.
4. That the proclamation of said local emergency shall be reviewed by the City Council at least every 60 days to affirm that the conditions of an emergency still exist.
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5. That the Director of Emergency Services has the authority to terminate the local emergency at the earliest possible date that conditions warrant.
PASSED and ADOPTED this ___ day of March, 2022.
_________________________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
___________________________ By: _______________________ Zizette Mullins, MMC, City Clerk Joseph H. McDougall City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the _____ day of March, 2022 by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Zizette Mullins, MMC, City Clerk