CC 2020-03-24_11a Ratification of Local Emergency ProclamationMEMORANDUM
TO: CITY COUNCIL
FROM: JAMES A. BERGMAN, DIRECTOR OF EMERGENCY SERVICES/CITY
MANAGER
SUBJECT: CONSIDERATION OF A RESOLUTION RATIFYING THE
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
DATE: MARCH 24, 2020
SUMMARY OF ACTION:
Adoption of a Resolution ratifying the existence of a local emergency.
FINANCIAL IMPACT:
There are no fiscal impacts related to the proposed action; however, adoption of a
Resolution will facilitate the ability for the City to request resources including financial
support and reimbursement from the State Office of Emergency Services (OES) and
Federal Emergency Management Agency (FEMA) for costs incurred in preparation
and/or response to the COVID-19 outbreak.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution ratifying the existence of a local
emergency as declared by the Director of Emergency Services/City Manager.
BACKGROUND:
In December 2019, an outbreak of respiratory illness due to a novel coronavirus (a
disease now known as COVID-19) was first identified in Wuhan City, Hubie Province,
China. Since that time, COVID-19 has spread globally, and has been declared a public
health emergency of international concern and a public health emergency for the United
States.
ANALYSIS OF ISSUES:
On March 4, 2020, California Governor Newsom declared a State of Emergency to
make additional resources available, formalize emergency actions already underway
across multiple State agencies and departments, and help the State prepare for broader
spread of COVID-19.
On March 13, 2020, the County of San Luis Obispo Health Officer declared a public
health emergency and the County of San Luis Obispo Emergency Services Director
proclaimed a local emergency due to the COVID-19 pandemic.
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION OF RESOLUTION RATIFYING THE PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY
MARCH 24, 2020
PAGE 2
On March 17, 2020, under the authority of Chapter 8.12 of the Arroyo Grande Municipal
Code, which designates the City Manager as the Director of Emergency Services and
empowers such official to proclaim the existence of a local emergency if the City
Council is not in session, a proclamation of the existence of a local emergency was
declared. The proclamation was issued in response to the COVID-19 outbreak in San
Luis Obispo County and the ongoing risk and potential for widespread community
transmission of COVID-19 occurring among the general public, and the imminent and
proximate threat of introduction of COVID-19 in the City of Arroyo Grande.
A local emergency proclamation is a prerequisite for requesting a Governor’s
Proclamation of a State of Emergency and/or Presidential Declaration of an Emergency
or Major Disaster. The City Council's ratification of the proclamation will: 1) further
ensure legal immunities for emergency actions taken by the City; 2) facilitate requests
by the City and other local governments for State and Federal assistance under the
State and Federal Disaster Assistance Programs; and 3) allow the Director of
Emergency Services/City Manager, or authorized official, to take preventive measures
necessary to protect and preserve public health and safety.
Pursuant to Municipal Code Section 8.12.065(c), the City Council is required to review
the local emergency at least once every twenty-one (21) days to determine whether the
conditions surrounding the local emergency still exist. The City Council shall proclaim
the termination of the local emergency at the earliest possible date that conditions
warrant.
ADVANTAGES:
Adoption of this Resolution keeps the local emergency proclamation in effect which
allows the City to promptly procure services and supplies immediately necessary and to
make and issue orders and regulations on matters necessary for the protection of health
and life safety. This action may also provide the City with the opportunity for potential
cost recovery for expenses incurred in this emergency.
DISADVANTAGES:
No disadvantages have been identified regarding this item.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1.Adopt a Resolution ratifying the Proclamation of the existence of a local
emergency; or
2.Provide other direction to staff.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION OF RESOLUTION RATIFYING THE PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY
MARCH 24, 2020
PAGE 3
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 11.a. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, RATIFYING THE DIRECTOR
OF EMERGENCY SERVICES/CITY MANAGER’S
PROCLAMATION OF THE EXISTENCE OF A LOCAL
EMERGENCY (COVID-19)
WHEREAS, Section 8.12.060 of the Arroyo Grande Municipal Code empowers the Director of
Emergency Services/City Manager (“Director”) of the City of Arroyo Grande 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 the Disaster Council/City Council (“Council”) is not in session
and requires that the Council take action to ratify the Proclamation within seven days thereafter;
and
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (a
disease now known as COVID-19), was first identified and has spread globally, impacting more
than 75 countries, including the United States; and
WHEREAS, since the federal Centers for Disease Control and Prevention (“CDC”) confirmed the
first possible case of community spread of COVID-19 in the United States on February 26, 2020,
there has been a significant escalation of United States domestic cases and deaths from COVID-
19; and
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of
emergency to exist in California due to the spread of COVID-19; and
WHEREAS, on March 11, 2020, the Director-General for the World Health Organization declared
that COVID-19 can be characterized as a “pandemic”; and
WHEREAS, on March 13, 2020, the County of San Luis Obispo Health Officer declared a public
health emergency, the County of San Luis Obispo Emergency Services Director proclaimed a
local emergency due to the COVID-19 pandemic, and local school closures went into effect; and
WHEREAS, on March 14, 2020, the County of San Luis Obispo Public Health Department
announced the first confirmed case of COVID-19 in San Luis Obispo County after an individual in
San Luis Obispo County tested positive for COVID-19; and
WHEREAS, the health, safety and welfare of City residents, businesses, visitors and staff are of
utmost importance to the City and additional future measures may be needed to protect the
community; and
WHEREAS, the spread of COVID-19 has created conditions that are or are likely to be beyond
the control of local resources and require the combined forces of other political subdivisions to
combat; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency response,
accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by
the State and Federal governments will be critical to successfully responding to COVID-19; and
Item 11.a. - Page 4
RESOLUTION NO.
PAGE 2
WHEREAS, the conditions and necessities listed above have arisen within this City due to the
spread of COVID-19, which threatens extreme peril to the health and safety of persons and
property, at which time the City Council was not in session; and
of the existence of a local emergency;
WHEREAS, the Director of Emergency Services of the City did proclaim the existence of a local
emergency within this City on the 17th day of March 2020, as set forth in Exhibit A, a copy of which
is attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the
Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency
Services, is hereby ratified and confirmed.
BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until
its termination is proclaimed by the City Council.
On motion of Council Member ________________, seconded by Council Member
_________________, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this ___ day of _______, 2020.
Item 11.a. - Page 5
RESOLUTION NO.
PAGE 3
______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
______________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_______________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED TO AS FORM:
_______________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 11.a. - Page 6
EXHIBIT A
Item 11.a. - Page 7
PROCLAMATION OF THE DIRECTOR OF EMERGENCY
SERVICES OF THE CITY OF ARROYO GRANDE,
CALIFORNA, DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY WITHIN THE CITY OF ARROYO GRANDE
(COVID-19)
WHEREAS, Section 8.12.060 of the Arroyo Grande Municipal Code empowers the Director of
Emergency Services/City Manager ("Director'') of the City of Arroyo Grande to proclaim the
existence of a local emergency when the City is affected or likely to be affected by a public
calamity and the Disaster Council/City Council ("City Council") is not in session; and
WHEREAS, the City Manager, as Director of Emergency Services of the City of Arroyo Grande,
does hereby find that on March 16, 2020 an extreme threat to the health and safety of persons
and property arose in the City of Arroyo Grande as a result of the presence of novel coronavirus
(COVID-19) and that this situation necessitated the proclamation of the existence of a local
emergency within the City of Arroyo Grande; and
WHEREAS, the City of Arroyo Grande acknowledges conditions existing within the County of San
Luis Obispo and supports its proclamation of a local emergency; and
WHEREAS, that this situation warrants and necessitates that the City of Arroyo Grande proclaim
the existence of a local emergency, and the Council is not in session and cannot immediately be
called into session; and
WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven
days of being issued.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services of
the City of Arroyo Grande that a local emergency exists throughout the City, and that said
emergency shall be deemed to continue to exist until its termination by the City Council.
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local
emergency the powers, functions, and duties of the emergency organization of this City shall be
those prescribed by State law, ordinances, resolutions and approved emergency plans of the City.
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local
Emergency be forwarded to the San Luis Obispo County Office of Emergency Services and to
the State Director of the Governor's Office of Emergency Services with a request that:
1. The State Director find the Proclamation of Local Emergency acceptable in accordance
with provisions of the Emergency Services Act; and that
2. The State Director forward this Proclamation, and request for a Presidential Declaration
of Emergency, to the Governor of California for con · ation and action.
Date: March 17, 2020
James A anager,
Director of ices
THIS PAGE INTENTIONALLY LEFT BLANK
Item 11.a. - Page 8