RESOLUTION NO. 2022-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
WHEREAS, the Emergency Services Act (Government Code sections 8550 et seq.), and in particular California Government Code sections 8630, et seq. thereof, and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, provide that the City Council may proclaim the existence of a local emergency when the City of Diamond Bar is affected or likely to be affected by public calamity; and
WHEREAS, the City Council has been requested by the City Manager as the Director of Emergency Services to proclaim the existence of a local emergency in the City of Diamond Bar; and
WHEREAS, COVID-19 has spread globally to over 192 countries, infecting more than 582,228,135 persons and killing nearly 6,413,836 individuals worldwide. As of __________ August 15, 2022 there were nearly _________ 93,123,819 cases in the United States with more than __________ 1,037,855 deaths, including __________ 3,361,061 cases and ________ 32,948 deaths in Los Angeles County (_______ (11,613 cases and ____ 113 deaths in Diamond Bar) related to COVID-19. Due to the expanding list of countries with widespread transmission of COVID-19, increasing travel alerts and warnings for countries experiencing sustained or uncontrolled community transmission issued by the Centers for Disease Control and Prevention (“CDC”), the significant number of cases and deaths from COVID-19 still occurring in the United States, California, and Los Angeles County, 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; and
WHEREAS, on February 26, 2020, the CDC confirmed the first possible case of community transmission of COVID-19 in the United States. On March 4, 2020, the Health Officer of Los Angeles County determined that there is an imminent and proximate threat to the public health from the introduction of COVID-19 in Los Angeles County and declared a Local Health Emergency and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles; and
WHEREAS, on March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19); and
WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly characterized COVID-19 as a global pandemic; and
Resolution No. 2022-46
2 WHEREAS, on March 12, 2020 Governor Newsom of the State of California issued Executive Order N-25-20 in a further effort to confront and contain COVID-19 that among other things, required residents of California to follow orders and guidance of local public health officials, including following social distancing requirements and suspended certain provision of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continue spread and the effects of COVID-19; and WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20 mandating that residents stay at home while carving out exceptions for workers in specified federal critical infrastructure sectors; and
WHEREAS, the State of California and numerous other public and private organizations have announced the cancellation or postponement of all events where social distancing cannot be reasonably achieved; and
WHEREAS, 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 Diamond Bar City Council adopted Resolution 2020-04 on March 19, 2020, proclaiming the existence of a local emergency in response to the COVID-19 public health emergency; and
WHEREAS, on June 15, 2021, the Governor retired the Blueprint for a Safer Economy, phasing out the majority of executive actions put in place since March 2020, including elimination of social distancing requirements and occupancy limitation, with a few exceptions, but leaving in place many other executive orders and declaration of emergency; and
WHEREAS, the Diamond Bar City Council subsequently adopted Resolution Nos. 2020-12, 2020-22, 2020-38, 2020-41, 2021-01, 2021-06, 2021-14, 2021-32, 2021-47, 2021-56, 2022-07, 2022-15, and 2022-35 extending the local emergency due to the continued existence of a local emergency; and
WHEREAS, the Diamond Bar City Council must review the local emergency at least once every 60 days to determine the need for continuing the local emergency until its termination by the Diamond Bar City Council.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by Government Code section 8630 and Diamond Bar Municipal Code section 8.00.050, the City Council proclaims that as defined in Government Code section 8558 and Section
8.00.020 of the Diamond Bar Municipal Code, a “local emergency” continues to exist Resolution No. 2022-46
3 throughout the City of Diamond Bar, which proclamation is based on the following findings by the City Council:
1. That the above recitals are true and correct and based thereon, hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health and safety, and constitutes conditions of extreme peril to the safety of persons and property within the City of Diamond Bar;
2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Diamond Bar; and
3. That the conditions of extreme peril warrant and necessitate the extension of the proclamation of the existence of a local emergency.
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the threatened existence and actual existence of the local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council.
IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are paid in a timely manner, the City Manager and the City Treasurer or their designees are authorized and directed to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made.
IT IS FURTHER PROCLAIMED AND ORDERED in accordance with Assembly Bill 361, it is the present intent of the City Council to conduct hybrid council meetings in which the City Council, staff and the public can either attend in person or via teleconferencing and other electronic means to afford council members, staff and members of the public the ability to implement recommended social distancing and otherwise provide for their own safety, while still proceeding with the efficient handling of the City’s business, while providing opportunities for public participation.
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 the City of Diamond Bar; that the Governor waive regulations that may hinder response and recovery efforts; that response and recovery assistance be made available under the California Disaster Assistance Act and the Stafford Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
Resolution No. 2022-46
4 IT IS FURTHER PROCLAIMED AND ORDERED that the proclamation of a local emergency shall be reviewed at least once every 60 days until its termination is proclaimed by the City Council of the City of Diamond Bar, State of California.
PASSED, APPROVED AND ADOPTED this 16th day of August, 2022.
CITY OF DIAMOND BAR
___________________________
Ruth M. Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 16th day of August, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Kristina Santana, City Clerk