AGENDA ITEM NO.
9B
C
ITY OF SIMI VALLEY
MEMORANDUM
Ma
rch 6, 2023
TO: City Council
Board of Directors, Ventura County Waterworks District No. 8 F
ROM: Office of the City Manager
S
UBJECT: ADOPTION OF A RESOLUTION TERMINATING THE COVID-19 LOCAL
EMERGENCY INCLUDING LIFTING THE MORATORIUM ON THE
CUTOFF OF WATER SERV ICES FOR LACK OF PAYMENT AND
ASSOCIATED LATE FEES AND PENALTIES, AUTHORIZATION OF
REMOTE TELECONFERENCE MEETINGS AND RESCIND
RESOLUTION NOS. 2020-19 AND 2023-07
STAFF RECOMMENDATION
It is recommended that the City Coun cil adopt Resolution No. 202 3-10 (page 4) to end the COVID-19 local health emergency, including lifting the moratorium on the cutoff of water services for lack of payment and associated late fees and penalties, authorization of remote teleconference meetings as authorized by AB 361, and rescind Resolution Nos. 2020-19 and 2023-07.
BACKGROUND AND OVERVIEW
On March 13, 2020, the Director of Emergency Services/City Manager declared the existence of a local emergency due to COVID -19 and such local emergency was confirmed by the City Council on March 16, 2020, through the adoption of Resolution No. 2020-19. As COVID-19 and its impacts have subsided, it is no longer an immediate emergency. The Governor ended the California State of Emergency on February 28, 2023, and the Ventura County Board of Supervisors also ended the County’s local emergency on February 28, 2023. Pursuant to Section 8630(d) of the
Government Code, the City Council shall terminate the the local emergency at the earliest possible date. Therefore, staff recommends that the City Council adopt Resolution No. 2023-10 terminating the COVID-1 9 local emergency, including lifting the moratorium on the cut
off of water services for lack of
payment and associated late fees and penalties, authorization of remote teleconference meetings, and rescind Resolution Nos. 2020-1 9 and 2023-07. 2 FINDINGS AND ALTERNATIVES
The COVID -19 outbreak caused serious disruption to the public’s activities, including sustained impacts to the public health, education, and econom y of California and the United States.
As part of the emergency declaration, a moratorium was issued to cease charging late fees and prevent the interruption of water services for delinquent unpaid utility bill balances. Ending the local emergency will lift the moratorium and staff will begin working with customers to set up payment plans as needed to avoid late fees and service interruptions. There are resources for utility bill assistance available to cutomers through LIHEAP, LIHWAP, CSBG, LIWP, WAP, G olden State Stimulus and Cal EITC and information for each program is available at www.csd.ca.gov/programs . Staff will share this information during conversations with customers as well as on the City’s websi te, social media, SVTV , and City Focus to ensure the information is well publicized and readily available.
Ending the local emergency will also begin the process for local restaurants who have taken advantage of the temporary outdoor dining provisions to comply with the City’s permanent outdoor dining regulations adopted at the September 27, 2021 City Council meeting. Staff will work with restaurants to provide sufficient time to remove temporary outdoor dining facilities as well as replacing them with compliant facilities.
AB 361 authorized local agencies to meet remotely without following the Brown Act’s usual teleconferencing provisions, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body has already determined or is determining whether - as a result of the emergency - meeting in person would present imminent risks to the health or safety of attendees. Termination of the local emergency will also terminate the City’s ability to host meetings with teleconferencing and all meetings will return to an in-person format. Future remote participation by City Council Members in City meetings will be required to follow the Brown Act provisions for noticing and participation. While the most recent resolution authorizing remote meetings under AB361 noted the authorization expires on February 28, 2023, the City
Council should take formal action to conclude the
authorization. Therefore, it is recommended that the City Counc il also rescind Resolution No. 2023-07.
On November 7, 2022, the City Council adopted Resolution No. 2022-6 0, which extended the City’s local emergenc y. This Resolution prov ided that the local emergency will continue until it is terminated by proc lamation of the City Council, or until February 28, 2023 when the State of California and/or the County of Ventura lifts their states of emergencies, whichever com es first. Pursuant to Sec tion 8630 of the Government Code, the City Council shall proclaim the termination of a loc al emergency at the earliest possible date that conditions warrant. While the City’s local emergency officially ended on February 28, 2023, adoption of the attached proposed Resolution will document the City Council’s action to officially end to the local emergency.
3 T
he following alternatives are available to the City Council:
1. A
dopt Resolution No. 2023-10 to end the COVID-19 local health emergency, includi ng l
ifting the moratorium on the cutoff of water services for lack of payment and associated late fees and penalties, authorization of remote teleconference meetings as authorized by AB 361, and rescind Resolution Nos. 2020-19 and 2023-07;
2. D
o not adopt the attached Resolution, and provide alternative direction to staff;
3. Pr
ovide alternative direction to staff.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I
move to adopt Resolution No. 2023- 10 to end the COVID -19 local health emergency, including lifting the moratorium on the cutoff of water services for lack of payment and associated late fees and penalties, authorization of remote teleconference meetings as authorized by AB 361, and rescind Resolution Nos. 2020-19 and 2023-07.
SUMMARY
O
n March 13, 2020, the Director of Emergency Services/City Manager declared the existence of a local emergency due to COVID -19 and such local emergency was confirmed by the City Council on March 16, 2020, through the adoption of Resolution No. 2020-19. As COVID -19 and its impacts have subsided, it is no longer an immediate emergency. The Governor ended the California State of Emergency on February 28, 2023, and the Ventura County Board of Supervisors also ended the County’s local emergency on February 28, 2023. Pursuant to Section 8630(d) of the Government Code, the City Council shall terminate the the local emergency at the earliest possible date.
Therefore, staff recommends that the City Council adopt Resolution No. 2023- 10 terminating the COVID-19 local emergency, including lifting the moratorium on cutoff of water services for lack of payment and associated late fees and penalties, authorization of remote teleconference meetings, and rescind Resolution Nos. 2020-19 2023-07. ___
______________________
Brian Paul Gabler
City Manager
INDEX Page
R
esolution No. 2023-10– Terminating Local Emergency.. ……………………..4 RESOLUTION NO. 2023-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AND THE BOARD OF DIRECTORS OF
VENTURA COUNTY WATERWORKS DISTRICT NO. 8
TERMINATING THE EXISTENCE OF A LOCAL
EMERGENCY AND THE AUTHORIZATION OF REMOTE
TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF SIMI VALLEY PURSUANT TO
BROWN ACT PROVISIONS AND RESCINDING
RESOLUTIONS 2020-19 AND 2023-07
WHEREAS, the Governor of the State of California, on March 4, 2020, by Executive Order, proclaimed the existence of a State of Emergency due to COVID -19; and
W
HEREAS, the County Public Health Officer declared a local health emergency existed in Ventura County on March 12, 2020 , due to the presence and threat posed by COVID-19; and
W
HEREAS, Pursuant to California Government Code section 54954, a meeting of the City Council of the City of Simi Valley was properly noticed and convened; and, WHEREAS, California Government Code section 8630 empowers the City Council to proclaim the existence or threatened existence of a Local Emergency when the City is affected or likely to be affected by a public calamity; and W
HEREAS, p ursuant to Section 4- 5.01, et seq. of the Simi Valley’s Municipal Code, the Director of Emergency Services (“DES”) declared the existence of a Local Emergency, and requested that the City ratify and proclaim the same; and, W
HEREAS, The City Council, on March 16, 2020, in a Special Meeting, ratified the DES’s declaration of a Local Emergency and further proclaimed the same, finding that conditions of extreme peril and a crippling disaster which severely impairs the safety of persons or property had arisen within the City caused by the virus, COVID -19 and its rapid transmission as reported by the various local, state and national health organizations and adopted Resolution No. 2020-19; and
W
HEREAS, the Governor of the State of California, on October 17, 2022 , announced that the State of Emergency, proclaimed on March 4, 2020, will end on February 28, 2023; and
W
HEREAS, the Ventura County Board of Supervisors declared that the County of Ventura’s local health emergency would also end on February 28, 2023; and 4 RES. NO. 2023-10
WHEREAS, Government Code section 54953(e) of the Brown Act made provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions in a health emergency; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY AND THE B
OARD OF DIRECTORS OF VENTURA COUNTY WATERWORKS DISTRICT NO. 8 DO HEREBY RESOLVE AS FOLLOWS:
S
ECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. Pursuant to Section 8630 of the Government Code, the City Council of the C ity of Simi Valley hereby proclaims that a local emergency no longer exists throughout the City, and rescinds Resolution No. 2020-19 and all subsequent Resolutions which extended the local emergency.
SECTION 3. As a result of the termination of the local emergency, the City Council hereby determines that all meetings of legislative bodies in the City of Simi Valley shall return to in person and rescinds Resolution No. 2023-07.
SECTION 4 . Upon termination of the local emergency, the City Council/Waterworks District Board of Directors lifts the moratorium on the cutoff of water services for lack of payment and associated late fees and penalties for lack of payment for water services.
SECTION 5. This Resolution shall take effect immediately upon its adoption.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED
and ADOPTED this 6th day of March 2023.
At
test:
Lucy Blanco, City Clerk/District Fred D. Thomas, Mayor of the City of Secretary Simi Valley, California /Chair of the
Ventura County Waterworks District No.
8 App
roved as to Form: Approved as to Content:
David L. Caceres, City Attorney/ District Brian Paul Gabler, City Manager/District Counsel Manager
5