HomeMy WebLinkAboutStaff Report 11461
CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
June 23, 2020
The Honorable City Council
Palo Alto, California
Adoption of a Resolution Continuing the Proclamation of Local
Emergency due to COVID-19
Recommendation:
Adopt the attached Resolution continuing the Proclamation of Local Emergency due to COVID-
19 first issued by the City Manager, acting as the Director of Emergency Services, on March 12,
2020, and ratified by the Council on March 16, 2020.
Background:
On March 12, 2020 the City Manager, acting as the Director of Emergency Services, issued a
Proclamation of Local Emergency (Attachment A) regarding the presence and community
spread of novel coronavirus, or COVID-19, in Santa Clara County and our region. The Council
ratified the Proclamation on March 16, 2020. The City Council continued the Proclamation of
Emergency on May 11, 2020.
The Proclamation allows the City to exercise extraordinary police powers, should these be
needed; provides immunity for emergency actions; authorizes issuance of certain necessary
orders and regulations; activates pre-established emergency processes; and is a prerequisite for
requesting state or federal assistance related to the emergency, should such assistance become
available. Under state and local law, Council must review the need for continuing the
emergency at least once every 60 days and formally terminate the emergency when conditions
warrant.
At this time, the State of California and Santa Clara County remain under public health orders
requiring social distancing, wearing of face coverings, and regulating business and other
activities. State and County officials have advised that regulations designed to limit the spread
of COVID-19 will be revised as conditions evolve and that COVID-19 regulations, in some form,
will be required for many months.
The City has been engaged in a comprehensive effort to respond to the COVID-19 emergency
and associated economic contraction, including multiple initiatives to support community
health and safety and assist local distressed business. To take one example, in order to support
resumption of business and economic activity while complying with health orders, the City has
relied on its emergency powers to temporarily close certain streets to vehicular traffic and
waive Code requirements that would otherwise restrict outdoor dining and retail activity. We
Page 2
anticipate further emergency actions will be needed as the pandemic and economic fallout
continue to evolve.
Discussion:
State and County health orders restricting activities of businesses and the public remain in place
at this time. While revisions are expected, health officials have advised that some restrictions
and precautions are likely to remain in place for some time, and that there will be an ongoing
need for significant public health activities including testing, tracing, isolation, and treatment.
The staff recommendation to continue the local proclamation of emergency reflects the
continued volatility of the current public health emergency and uncertainty of issues to come.
At this time, the City uses the state of emergency to address several continuing special needs
for support to the community. This includes a moratorium on residential evictions and the
requirement of face coverings away from home. The authority also allows for operational
changes necessary through this timeframe including City staff reassignments and deployments
as disaster service workers. To support the recovery of business and economic activity, the City
references the Local Emergency in temporary business support programs such as street
closures and the waiver of Code and Conditional Use Permit requirements that would
otherwise restrict outdoor dining and retail activity. These programs, services and activities,
and others like them, will be needed for some time. The continued Proclamation allows us to
change and modify services in response to these continuing community needs. Throughout the
extended emergency period, staff will exercise great restraint in the application of restrictions
or actions that impact the public. For all the reasons stated, staff recommends that the Council
adopt the attached Resolution continuing the Proclamation of Local Emergency.
Council can terminate the Local Emergency at any time when the need is no longer present.
Staff will continue to regularly update Council on the COVID-19 situation and the City’s
response. If not terminated earlier, staff will bring an item to Council in approximately 60 days
to revisit the need for continuing the Local Emergency.
Environmental Review:
This action is exempt from environmental review by statute. See CEQA Guidelines Section
15269, Emergency Projects Undertaken for Specific Actions Necessary to Prevent or Mitigate an
Emergency.
Attachments:
Proclamation of Local Emergency, issued March 12, 2020
Resolution Continuing the Proclamation of Local Emergency
Page 3
ATTACHMENTS:
• Attachment A: Proclamation of Local Emergency Covid 19 (PDF)
• Attachment B: Resolution Continuing the Proclamation of Local Emergency (PDF)
Department Head: Molly Stump, City Attorney
Page 4
Page 1 of 2
City of Palo Alto
Proclamation of Local Emergency
WHEREAS, Sections 2.12.050 of the City of Palo Alto Municipal Code empowers the Director of
Emergency Services (City Manager) or the Assistant Director of Emergency Services (Office of
Emergency Services Chief) to proclaim the existence or threatened existence of a local
emergency when said City is affected or likely to be affected by a public calamity and the City
Council is not in session; and
WHEREAS, the Director of Emergency Services (City Manager) of the City of Palo Alto does
hereby find that conditions of extreme peril to the safety of persons and property have arisen
within the City, caused by a novel coronavirus, designated “COVID-19,” which was detected in
Wuhan City, Hubei Province, China, in December 2019, and has spread globally to more than
118 countries, areas or territories; and
WHEREAS, the World Health Organization has designated COVID-19 a Global Pandemic; and
WHEREAS, COVID-19 has infected more than 125,288 people and caused more than 4,614
deaths worldwide, including a total of 177 positive cases and three deaths in California, 48
confirmed infections and 1 death in Santa Clara County; and
WHEREAS, many cases in California and the Bay Area have been contracted through community
transmission; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) and the Santa Clara County
Public Health Department have urged local government, employers, organizations and
individuals to take preventative actions to slow the spread of the virus and mitigate its effects,
including observing good personal hygiene practices, social distancing, cancelling unnecessary
travel and large gatherings, and working from home where possible; and
WHEREAS, the City of Palo Alto has implemented daily communication to inform residents and
connect them with County Public Health and the CDC guidance; urged residents to practice
good personal hygiene and social distancing; cancelled or postponed large events; encouraged
remote work where possible; and modified non-essential services to protect employees and the
public, while maintaining City services; and
WHEREAS, these conditions are, or are likely to be, beyond the control of the services,
personnel, equipment, and facilities of the City; and
DocuSign Envelope ID: E3A02FD5-00E1-4DBD-8E86-E0E1BC4BF68E
Page 2 of 2
WHEREAS, the City Council of the City of Palo Alto is not in session and cannot immediately be
called into session;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout
the City of Palo Alto; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency
the powers, functions, and duties of the emergency organization of the City shall be those
prescribed by state law and by ordinances and resolutions of this City; and that this emergency
proclamation shall expire in 7 days after issuance unless confirmed and ratified by the
governing body of the City of Palo Alto.
Dated: ________________ By: _____________________________________
Edward Shikada
City Manager
Director of Emergency Services
DocuSign Envelope ID: E3A02FD5-00E1-4DBD-8E86-E0E1BC4BF68E
3/12/2020
Certificate Of Completion
Envelope Id: E3A02FD500E14DBD8E86E0E1BC4BF68E Status: Completed
Subject: Please DocuSign: Emergency Proc covid 19.pdf
Source Envelope:
Document Pages: 2 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 Judy Ng
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Judy.Ng@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
3/12/2020 2:33:45 PM
Holder: Judy Ng
Judy.Ng@CityofPaloAlto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Ed Shikada
Ed.Shikada@cityofpaloalto.org
Ed Shikada, City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 3/12/2020 2:36:02 PM
Viewed: 3/12/2020 2:37:31 PM
Signed: 3/12/2020 2:37:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Meghan Horrigan-Taylor
Meghan.Horrigan-Taylor@CityofPaloAlto.org
Chief Communications Officer
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 3/12/2020 2:37:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kenneth Dueker
Kenneth.Dueker@CityofPaloAlto.org
Security Level: Email, Account Authentication
(None)
Sent: 3/12/2020 2:37:47 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Molly Stump
Molly.Stump@CityofPaloAlto.org
City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 3/12/2020 2:37:48 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/12/2020 2:37:48 PM
Certified Delivered Security Checked 3/12/2020 2:37:48 PM
Signing Complete Security Checked 3/12/2020 2:37:48 PM
Completed Security Checked 3/12/2020 2:37:48 PM
Payment Events Status Timestamps
NOT YET APPROVED
200618 tlh 0140207
Resolution No. ________
A Resolution of the City of Palo Alto Re-Confirming and Continuing the Proclamation of
Existence of a Local Emergency Due to COVID-19
R E C I T A L S
A. Sections 2.12.050 of Chapter 2.12 (Emergency Organization and Functions) of Title 2
(Administrative Code) of the Palo Alto Municipal Code empowers the Director of the Emergency
Services (City Manager or Designee) to proclaim the existence or threatened existence of a local
emergency if the Council of the City of Palo Alto (“City”) is not in session, and requires that the
City Council shall take action to ratify the proclamation within seven (7) days thereafter; and
B. Under California Government Code Section 8680.9, a local emergency is a condition of
extreme peril to persons or property proclaimed as such by the governing body of the local
agency affected by a natural or manmade disaster; and
C. The purpose of a local emergency proclamation is to provide extraordinary police
powers, immunity for emergency actions, authorize issuance of orders and regulations, and
activate pre-established emergency provisions; and
D. A local emergency proclamation is a prerequisite for requesting state or federal
assistance; and
E. Conditions of extreme peril to the safety of persons and property have arisen within the
City, based on the following:
1. A novel coronavirus, designated “COVID-19,” was detected in Wuhan City, Hubei
Province, China, in December 2019, and has spread globally. The World Health
Organization has designated COVID-19 a Global Pandemic.
2. COVID-19 is highly transmissible from person to person and can cause serious
illness and death. It has infected millions of people and caused hundreds of
thousands of deaths worldwide, including many confirmed cases and deaths in
California and in Santa Clara County.
3. The Centers for Disease Control and Prevention (CDC), State of California and
Santa Clara County Public Health Department have issued numerous orders to
limit the spread of COVID-19 including advising or requiring social distancing and
the wearing of face coverings, and limiting and regulating business and other
activities.
4. The efforts required to prepare for, respond to, mitigate, and recover from the
emergency conditions caused by COVID-19 have imposed and will continue to
impose extraordinary requirements and expenses on the City, which are or are
NOT YET APPROVED
200618 tlh 0140207
likely to be beyond the control of the services, personnel, equipment and
facilities of the City.
F. The City Council does hereby find that the above described conditions of extreme peril
did warrant and necessitate, and continue to warrant and necessitate, the proclamation of the
existence of a local emergency in the City; and
G. California Government Code, Title 2, Division 1, Chapter 7.5 - California Disaster
Assistance Act (CDAA) allows that with the proclamation of a local emergency the City may seek
financial assistance and may request reimbursement of the significant expenses incurred during
response, if approved by the Director of the California Office of Emergency Services or
Concurrence or Governor’s Proclamation; and
H. On March 12, 2020, the Director of Emergency Services issued a proclamation, attached
hereto, declaring the existence of a local emergency within the City, which was ratified by the
City Council on March 16, 2020, and continued on May 11, 2020; and
I. The associated emergency conditions are on-going and the emergency should not be
terminated at this time;
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Proclamation of Existence of a Local Emergency, attached hereto, as
initially issued by the Director of Emergency Services on March 12, 2020, and thereafter
ratified, confirmed and continued, is hereby re-confirmed and continued.
SECTION 2. The City Council has reviewed the need for continuing the declaration of
local emergency and finds based on substantial evidence that the public interest and necessity
require the continuance of the proclamation of local emergency related to COVID-19.
SECTION 3. Said local emergency shall be deemed to continue to exist until terminated
by the City Council of the City of Palo Alto.
SECTION 4. The Director of the Office of Emergency Services is hereby directed to
report to the City Council within sixty (60) days on the need for further continuing the local
emergency.
/ /
/ /
/ /
/ /
NOT YET APPROVED
200618 tlh 0140207
SECTION 5. The Council finds that the adoption of this resolution is statutorily exempt
from environmental review under the California Environmental Quality Act Guidelines Section
15269, Emergency Projects Undertaken for Specific Actions Necessary to Prevent or Mitigate an
Emergency.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
City Attorney City Manager
_____________________________
Director of Emergency Operations
_____________________________
Director of Administrative Services