1 STAFF REPORT
DATE: March 1, 2022
TO: Justin Hess, City Manager
FROM: Eric Garcia, Fire Chief
BY: Eric Baumgardner, Emergency Management Coordinator
SUBJECT: Adoption of a Resolution Extending the Local Emergency Caused by COVID-19
RECOMMENDATION
Adopt “A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK EXTENDING THE LOCAL EMERGENCY CAUSED BY COVID-19.” (Attachment 1)
BACKGROUND
On December 31, 2019, the first case of Novel Coronavirus was detected in China; the virus was preliminarily named COVID- 19. Since the first detection, the virus spread to multiple countries worldwide and the first case was detected in the United States o n January 21, 2020 in a person who had recently returned from a trip to China. On January 31, 2020, the World Health Organization (WHO) declared a global health emergency, then on March 4, 2020 the Los Angeles County Department of Public Health proclaimed a Health Emergency throughout the County and the State proclaimed a State of Emergency for California. On March 11, 2020, WHO declared the outbreak a pandemic.
DISCUSSION
Section 5- 2-106 of the Burbank Municipal Code (BMC) empowers the Director of Emergency Services to proclaim the existence of a local emergency when the City is affected or threatened by a public calamity and the City Council is not in session. On March 13, 2020, the City Manager, acting as the Director of Emergency Services, signed a local emergency proclamation. On March 17, 2020, the City Council confirmed the local state of emergency then extended it 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, FIRE
DEPARTMENT
2 June 22, 2021, August 10, 2021, October 5, 2021, November 16, 2021 and January 11, 2022.
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 gatherings, 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. On March 19, 2020, the Governor issued an executive order similar to the Safer at Home Order. On March 21, 2020, the Los Angeles County Public Health Officer issued a revised Safer at Home for Control of COVID -19 Order which further restricted gatherings and changed categories of non-essential and essential businesses under the Order. Then on April 10, 2020, the Los Angeles County Public Health Officer issued a revised Safer at Home for Control of COVID -19 Order, which required essential businesses to implement a Social Distancing Protocol, clarified and revised some of the definitions of essential businesses. The Order was effective through May 15, 2020.
On May 4, 2020, the Governor announced the State was moving into Stage 2 of his framework for reopening of the State. Under the first part of Stage 2, certain businesses were allowed to reopen for curbside pick -up as well as certain manufacturing businesses. The Governor issued guidance to implement this reopening. However, it was up to each County Health Officer to authorize the lifting of restrictions. The City of Burbank falls under the Los Angeles County Public Health’s jurisdiction and must follow its orders as to the lifting of restrictions and reopening of some sectors. Starting in early May, Los Angeles County Public Health began a phased approach to reopening.
On May 26, 2020, the Los Angeles County Public Health Officer announced its commitment to keeping residents "Safer at Work and in the Community", and further aligned its COVID- 19 recovery efforts with the State’s California Pandemic Resilience Roadmap. Throughout the rest of 2020, the Los Angeles County Health Officer Order was amended numerous times to reflect the list of prohibited and allowed activities. The Blueprint for a Safer Economy is a four-tiered system for reopening during COVID-19 that went into effect on August 31, 2020 and applies to the entire State of California.
The State announced a Regional Stay at Home Order would go into effect on December 6, 2020 and would remain in effect for at least three weeks in California regions where intensive care unit (ICU) capacity fell below 15%. According to the State, as of December 5, the Southern California Region had 12.5% staffed adult ICU capacity remaining.
Because Los Angeles County is in the Southern California Region, the Los Ang eles 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 was similar to the existing County 3 Safer at Home Health Officer with additional sector closings. The Regional Stay at Home Order was extended on December 29, 2020 as the surge in cases and hos pitalizations continued.
On January 25, 2021, the Regional Stay at Home Order ended and key sectors were able to reopen immediately. Los Angeles County returned to the most 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 adopt ed Centers for D isease Control and Prevention's masking guidelines.
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 I ndoor Mega Events and organized youth sports were added to the Order dated August 23, 2021.
The Los Angeles County Health Officer Order was amended on September 17, 2021 and again on September 28 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 and 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. There were also updated rules for mega events.
On August 12, 2021, the Los Angeles County Health Officer issued a separate Order titled the Health Care Worker Vaccination Requirement , which requires 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.
4 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 countries 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. This has little administrative impact on the City since Los Angeles County already had an indoor mask mandate in place.
Staff are working with Curative, a health services company, to establish a community COVID-19 testing site for the City of Burbank. The site will be managed and operated by Curative in a private- public partnership and will be located at Ralph Foy Park . It is estimated that the site will be operational beginning on February 22nd.
Pursuant to Government Code Section 8630 (California Emergency Services Act), the City Council is required to review the local emergency at least once every 60 days to determine whether the conditions surrounding the local emergency still exist. Due to the continuing efforts to protect public health and respond to the COVID -19 crisis, the conditions of the local emergency still exist. The Resolution (Attachment 1) extends the local emergency and requires Council to review the declaration within another 60 days.
FISCAL IMPACT
There is no fiscal impact directly related to this report. The City has submitted paperwork to the California Office of Emergency Services and to the Federal Emergency Management Agency for potential reimbursement under the Stafford Act Disaster Relief Fund and the California Disaster Assistance Act.
CONCLUSION
Staff recommends adoption of the attached Resolution extending the state of emergency.
This will ensure that the City is able to enact necessary rules in r esponse to the emergency, as well as remain eligible for potential reimbursement and aid opportunities.
ATTACHMENT
Attachment 1 – A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK EXTENDING THE LOCAL EMERGENCY CAUSED BY COVID-19