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HomeMy WebLinkAbout7300 RESOLUTION NO. 7300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA RATIFYING AND DECLARING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, California Government Code Section 8630, et seq., and City of Arcadia Municipal Code Section 2211.2 empower the City Council to proclaim the existence of a local emergency to protect and preserve public welfare when the City is affected or likely to be affected by a public calamity; and WHEREAS, the City Council has been requested by the City Manager, as Director of Emergency Services, to ratify the Proclamation of Local Emergency issued on March 16, 2020, stating the existence of a local emergency in the City; and WHEREAS, COVID-19 has spread globally to over 155 countries/regions, infecting more than 188,000 persons and killing more than 7,500 individuals worldwide. As of March 16, 2020, there were 94 cases in Los Angeles County, including one death related to COVID-19. Due to the expanding list of countries experiencing sustained or uncontrolled community transmission issued by the Centers for Disease Control and Prevention ("CDC"), the escalation of United States domestic cases of and death from COVID-19, and the identification of COVID-19 cases in California, including 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 1 concurrently proclaimed the existence of a local emergency for the County of Los Angeles; and WHEREAS, on March 4, 2020, California Governor Gavin 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; and WHEREAS, on March 11, 2020, the World Health Organization (WHO) publicly characterized COVID-19 as a pandemic; and WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20 in a further effort to confront and contain COVID-19 that among other things suspended certain provisions 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 continued spread and the effects of COVID-19; 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 City Council does hereby find the following: 1. That the above recitals are true and correct; and 2 2. That the spread and potential further spread of COVID-19 constitutes a situation and severely impairs the public health and safety within the City of Arcadia and constitutes conditions of extreme peril to the safety of persons and property within the City of Arcadia; and 3. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Arcadia; and 4. That the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS, a declaration of a local emergency will assist in a coordinated public health response to reduce transmission and illness severity, provide assistance to health care providers, coordinate and mitigate public services that may be disrupted by this emergency, and mitigate any other effects of this emergency on the citizens of the City; and WHEREAS, under Government Code Section 8630(b), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect; and WHEREAS, Government Code Section 8630 generally requires the City Council to review the need for continuing the local emergency at least every sixty (60) days, but as part of Governor Newsom's March 4, 2020, Declaration of a State of Emergency in California due to COVID-19, this provision has been waived for the duration of the statewide emergency, allowing the City to maintain its emergency in place until terminated by the City Council; and WHEREAS, the Governor of the State of California has stated that individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused 3 by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks; and WHEREAS, further economic impacts are anticipated, leaving tenants vulnerable to eviction; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, to protect the City's affordable housing stock, and to prevent housed individuals from falling into homelessness; and WHEREAS, loss of income as a result of COVID-19 may inhibit City residents and businesses from fulfilling their financial obligations, including public utility payments such as water and sewage charges and parking penalties; and WHEREAS, ensuring that all people in the City continue to have access to running water during this public health crisis will enable compliance with public health directives that people regularly wash their hands will help to prevent the further spread of COVID- 19; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise authority to issue this regulation related to the protection of life and property; and WHEREAS, the City Council desires to declare a local emergency and ratify the Proclamation of Local Emergency heretofore issued by the City Manager, acting as the Director of Emergency Services. 4 NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the City Council that a local emergency now exists throughout the City of Arcadia. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that, the City Council ratifies the Proclamation of Local Emergency issued by City Manager, acting as the Director of Emergency Services, on March 16, 2020, in which the Director proclaimed that a local emergency exists throughout the City of Arcadia. IT IS FURTHER PROCLAIMED AND ORDERED that the City Manager, acting as the Director of Emergency Services, is hereby authorized to furnish information, to promulgate orders and regulations necessary to provide for the protection of life and property pursuant to California Government Code Section 8634, to enter into agreements and to take all actions necessary to obtain State emergency assistance to implement preventive measures to protect and preserve the residents of the City within the scope of the local emergency hereby declared. IT IS FURTHER PROCLAIMED AND ORDERED that, as authorized in Government Code Sections 8630 and Arcadia Municipal Code Section 2211, and based on the foregoing, an "emergency" as defined in Government Code Section 54956.5(a) and City of Arcadia Municipal Code Section 2211.1 and a "local emergency" as defined in Government Code Section 8558(c) hereby exist within the territorial jurisdiction of the City of Arcadia and are deemed to continue to exist until its termination is proclaimed by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED that, pursuant to California Penal Code Section 396, it is unlawful for any person or business of the City of Arcadia to charge more than 10% higher than the price charged by that person or business 30 days after the proclamation of this local emergency; and that pursuant to that statute, the City 5 Council shall have the authority to extend the price controls for additional 30-day periods as needed to protect the lives, property, or welfare of the citizens. IT IS FURTHER PROCLAIMED AND ORDERED that for a period of 60 days from the date of this Order, a temporary moratorium on eviction for non-payment of rent by residential and business tenants impacted by the COVID-19 crisis is imposed as follows: 1. During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant in either of the following situations: (1) for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19 or (2) for a no-fault eviction unless necessary for the health and safety of tenants, neighbors, or the landlord. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above shall not serve a notice pursuant to Code of Civil Procedure 1161(2), file or prosecute an unlawful detainer action based on a 3-day pay or quit notice, or otherwise seek to evict for nonpayment of rent. A landlord knows of a tenant's inability to pay rent within the meaning of this Order if the tenant, within 30 days after the date that rent is due, notifies the landlord in writing of lost income and inability to pay full rent due to financial impacts related to COVID-19, and provides documentation to support the claim. For purposes of this Order, "in writing" includes email or text communications to a landlord or the landlord's representative with whom the tenant has previously corresponded by email or text. Any medical or financial information provided to the landlord shall be held in confidence, and only used for evaluating the tenant's claim. Nothing in this Order shall relieve the 6 tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency and the tenant must pay within six months of the expiration of the local emergency. A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in this Order; nor may a landlord seek rent that is delayed or the reasons stated in this Order through the eviction process. 2. For purposes of this Order, "financial impacts related to COVID-19" with respect to residential tenants include, but are not limited to, tenant lost household income as a result of any of the following: (1) being sick with COVID-19, or caring for a household or family member who is sick with COVID-19; (2) lay-off, loss of hours, or other income reduction resulting from business closure or other economic or employer impacts of COVID- 19; (3) compliance with a recommendation from a government health authority to stay home, self-quarantine, or avoid congregating with others during the state of emergency; (4) extraordinary out-of-pocket medical expenses; or (5) child care needs arising from school closures related to COVID-19; and with respect to business tenants, a substantial decrease in business income caused by a reduction in operating hours or consumer demands caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19. 3. For purposes of this Order, "no-fault eviction" refers to any eviction for which the notice to terminate tenancy is not based on alleged fault by the tenant, including but not limited to eviction notices served pursuant to Code of Civil Procedure Sections 1161(1), 1161(5), or 1161(c). 7 4. This Order applies to nonpayment eviction notices, no-fault eviction notices, and unlawful detainer actions based on such notices, served or filed on or after the date on which a local emergency was proclaimed. 5. This Order shall be punishable as set forth in Arcadia Municipal Code Section 2215, et. seq. In addition, this Order grants a defense in the event that an unlawful detainer action is commenced in violation of this Order. 6. This Order shall be superseded by any duly enacted ordinance or resolution of the City Council or a further order by the Director of Emergency Services adopted during the local emergency that expressly supersedes this Order. IT IS FURTHER PROCLAIMED AND ORDERED that as a result of the local emergency, for a period of 60 days from the date of this Order, the City hereby suspends: (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations. IT IS FURTHER PROCLAIMED AND ORDERED that the City Council will utilize, to the extent reasonably feasible and appropriate, the ability to conduct its Council Meetings via teleconferencing and other electronic means to permit Council Members and members of the public to adopt social distancing to the greatest extent possible while still proceeding with the efficient handling of the City's business, in compliance with California Executive Order N-25-20. 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 8 Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in Los Angeles County; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. IT IS FURTHER PROCLAIMED AND ORDERED that during the period that this Resolution, as it may be extended or amended, remains in effect, the City Manager or their designee is authorized to accept on behalf of the City any and all contributions or donations made to the City for purposes of addressing the current COVID-19 pandemic and related matters, without the need for any additional actions otherwise required of the City by Charter, ordinance, or resolution for acceptance of contributions or donations. 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, and the ordinances, and resolutions heretofore and hereafter adopted by the City Council. [SIGNATURES ON NEXT PAGE] 9 Passed, approved and adopted this 17th of March, 2020. If 4-4;i .r of the City of Arcadia ATTEST: <0° €gg Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7300 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 17th day of March, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Amundson, Beck, Tay, Chandler, and Verlato NOES: None ABSENT: None 4e- • Lde• City Clerk of the City of Arcadia