HomeMy WebLinkAboutPostponed Adoption of Resolution No 2021-48 - Termination of 1gWR0VE-b 6
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City of Huntington Beach
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File #: 21-610 MEETING DATE: 10/19/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Consider Adopting Resolution No. 2021-48. Terminating the City's Local Emergency
Declaration in Response to COVID-19
Statement of Issue:
On March 16, 2020, the City of Huntington Beach declared a local emergency following the onset of
the COVID-19 pandemic. In recent months, COVID-19 statistics, including vaccination and positivity
rates, worsened due to the prevalence of the delta variant but are now plateauing and showing
indications of improvement. City Council Member Posey submitted a Council Directed item on July
6, 2021, which was supported by the full City Council, directing that staff terminate the City's Local
Emergency Declaration. As such, Resolution No. 2021-48 to terminate the local emergency
declaration has been prepared and is being presented to City Council for consideration.
Financial Impact:
Based on the current national and statewide emergency orders that are in place, the City does not
anticipate any financial impact from this decision.
Recommended Action:
Adopt Resolution No. 2021-48, "A Resolution of the City Council of the City of Huntington Beach
Proclaiming the Termination of the Local Emergency Declared on March 16, 2020."
Alternative Action(s):
Do not adopt Resolution No. 2021-48 and direct staff accordingly.
Analysis:
On March 4, 2020, Governor Gavin Newsom declared a State of Emergency as part of the State's
efforts to control the spread of COVID-19 and coordinate its resources to prepare for the oncoming
surge in cases.
On March 16, 2020, the City Manager, acting in his capacity as the City's Director of Emergency
Management, issued a Proclamation of Local Emergency, in response to the State of Emergency.
City of Huntington Beach Page 1 of 2 Printed on 10/13/2021
"werw by Legistar"
File #: 21-610 MEETING DATE: 10/19/2021
The City Council subsequently ratified the Proclamation of Local Emergency by adopting Resolution
No. 2020-15.
This action enabled the City to streamline its decision-making processes and access Federal and
State resources to recoup a portion of City funds spent on responding to the pandemic. The Council's
actions also authorized the Director of Emergency Management to take certain actions to protect the
health and safety of the community and stated that the local emergency would remain in effect until
terminated by proclamation of the City Council.
In early April 2021, Governor Newsom announced the State's intention to move beyond its Blueprint
for a Safer Economy and fully reopen the California economy on June 15, 2021. California law also
states that a legislative body should terminate all states of emergency at the "earliest possible
date" (California Government Code Section 8629). Given indications for COVID-19 case rate
improvements since the recent delta surge, staff has prepared the attached resolution, which would
terminate the March 16, 2020 local emergency declaration. Termination would still leave the City in
compliance with the Governor's State of Emergency and would not impact staff or our partner
agencies' continued coordination in the pandemic and vaccination response. Furthermore,
termination would not impact County, State and/or federal public health measures that are currently
in place, including mask requirements for unvaccinated individuals in certain circumstances. Lastly,
should the pandemic worsen in the future, the City Council may choose to re-declare another local
emergency.
Environmental Status:
Not applicable
Strategic Plan Goal:
COVID-19 Response
Attachmenq(
1. Resolution No. 2021-48
2. Resolution No. 2020-15
City of Huntington Beach Page 2 of 2 Printed on 10/132021
vov ered by Legistar"
RESOLUTION NO. 2021-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
PROCLAIMING THE TERMfNATION OF THE LOCAL EMERGENCY DECLARED ON
MARCH 16, 2020
WHEREAS, as part of the State of California's response to address the global COVID-19
outbreak, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in which
he identified concerns that "the number of persons requiring medical care may exceed locally
available resources," `local authority is inadequate to cope with the threat posed by COVID-19,"
and that "conditions of Government Code section 8558(b), relating to the declaration of a State
of Emergency, have been met," among other findings ("State of Emergency");
On March 16, 2020, in response to the COVID-19 crisis. the City Council adopted
Resolution No. 2020-15, which identified that "conditions of'disaster or of extreme peril to the
health and safety of persons and property have arisen both Internationally and within the United
States as a result of the introduction of the novel coronavirus (COVID-19)," and that "A Local
Emergency as defined in California Government Code Section 8558(c) and Huntington Beach
Municipal Code Chapter 8.60 exists in the City of Huntington Beach," authorizing the City
Manager/Director of Emergency Services to take certain actions to protect the health, safety, and
welfare of the public, and stated that the local emergency shall be deemed to continue to exist
throughout the City until the local emergency is terminated by proclamation of the City Council
of the City of Huntington Beach;
The City Council has exercised due diligence and has determined that the conditions of
extreme peril presented by the spread of COVID-19 have been abated to such a degree as to
warrant the termination of the local emergency.
NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach, as follows:
1. The City Council hereby proclaims that the local emergency that was declared on
March 16, 2020, by the City Manager, which was ratified by the City Council on March 16, 2020
via Resolution No. 2020-15, is hereby terminated.
2. The recitals provided in this resolution are true and correct and are incorporated
into the operative part of this Resolution.
3. This Resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting the Resolution.
21-10053/262581 1
Resolution No. 2021-48
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the IqX day of Dt&,�yr2021.
o
Mayor
APPROVED AS TO FORM:
s City Attorney
[N " TED REVI ' 'ED AND APPROVED:
City Manager
20-8477/225016 2
Res. No. 2021-48
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on October 19, 2021 by the following vote:
AYES: Bolton, Delgleize, Carr, Posey, Moser, Kalmick
NOES: None
ABSENT: Peterson
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
RESOLUTION NO. 2020-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH RATIFYING THE EXISTENCE OF A LOCAL
EMERGENCY IN THE CITY OF HUNTINGTON BEACH
WHEREAS, conditions of disaster or of extreme peril to the health and safety of persons
and property have arisen both Internationally and within the United States as a result of the
introduction of the novel coronavirus (COVID-19), a novel communicable disease, which was
first detected in December 2019; and
COVID-19 has spread globally to over 70 countries, and throughout the state of
California. Due to the increasing number of transmission in our surrounding communities,
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
The Governor of the State of California Proclaimed a State of Emergency on March 4,
2020 and has issued Executive Orders to guide local response; and
Pursuant to Huntington Beach Municipal 8.60.070 A, the City Manager/Director of
Emergency Management is hereby empowered to request the City Council to proclaim the
existence or threatened existence of a local emergency;
There is the serious potentially severe threat to the health, safety and welfare of persons
and property in the City of Huntington Beach due to the COVID-19 pandemic.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. A Local Emergency as defined in California Government Code Section 8558(c)
and Huntington Beach Municipal Code Chapter 8.60 exists in the City of
Huntington Beach. The Director of Emergency Management shall review, at least
every 14 days until such Local Emergency is terminated, the need for continuing
the Local Emergency.
2. The City Manager, and Director of Emergency Management under Huntington
Beach Municipal Code Chapter 8.60, is hereby the authorized representative of
the City of Huntington Beach for all purposes and to take all actions for the
preparation, mitigation, response and recovery from the COVID-19 pandemic.
20-8564/227525
RESOLUTION NO. 2020-15
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of March , 2020.
�btc
Mayor
INITIATED REVIEWED AND APPROVED:
5--C,-�-
City Manager
APPROVED AS TO FORM:
City Attorney
Res. No. 2020-15
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on March 16, 2020 by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Moore, Tania
From: Estanislau, Robin
Sent: Tuesday, October 19, 2021 9:22 AM
To: Moore, Tania; Switzer, Donna
Subject: Fwd: Supplemental Communication for Huntington Beach City Council (Item XX)
Attachments: council letterhead.pdf
Sent from my Wad
Begin forwarded message:
From: Amory Hanson <amory.hanson2016'a gmail.com>
Date: October 19, 2021 at 9:18:57 AM PDT
To: "Estanislau, Robin" <Robin.Estanislau(i�surfcity-hb.org>
Subject: Supplemental Communication for Huntington Beach City Council (Item XX)
Dear Madam Clerk,
I am enclosing a supplemental communication regarding Item XX.
Please insure this supplemental communication is forwarded to the Mayoress of Huntington Beach and the members
of the Huntington Beach City Council. Please also insure that this supplemental communication is part of the record
for the Huntington Beach City Council's Meeting on October 19,2021.
Sent from my iPad
SUPPLEMENTAL
COMMUNICATION
Meetlrg Fete: /n�Lg1 /
Agenda Item No.-
t
Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
September 7, 2021
The Mayoress of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Madam Mayoress,
I am writing to express my support for Item XX, the termination of Huntington Beach's
declaration of a state of emergency due to the coronavirus "pandemic."
Huntington Beach has a declining case rate, and an average vaccination rate of 64.9%. the
council must begin to recognize the lack of presence of the coronavirus.
In fact, many countries have lifted all remaining restrictions due to high vaccination rates. There
is therefore a question of whcther the coronavirus truly remains a "pandemic." which is defined
as a disease with a global impact.
Unfortunately, despite these facts, many Huntingtonians fail to recognize the lack of a pandemic.
Many Huntingtonians continue to wear masques, despite being fully vaccinated, and despite
substantial evidence that the vaccine is satisfactory protection against the coronavirus.
The council's termination of the state of emergency would be an important symbolic action to
those who may remained concerned about the coronavirus. It would also be an important
recognition of the facts at present.
Once again. I urge a yes vote on Item XX.
Sincerely Yours.
Mr. Amon' Hanson
Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
CC: The Honorable Barbara Delgleize
CC: The Honorable Rhonda Bolton
CC: The Honorable Daniel Kahnick
CC: The Honorable Natalie Tomich Moser
CC: The Honorable Erik 11. Peterson
CC: The Honorable Michael Posey
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City of Huntington Beach '4sANE�t/DED -R&7�/�✓
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File #: 21-562 MEETING DATE: 8/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Consider Adopting Resolution No. 2021-48, Terminating the City's Local Emergency
Declaration in Response to COVID-19
Statement of Issue:
On March 16, 2020. the City of Huntington Beach declared a local emergency following the onset of
the COVID-19 pandemic. In recent months, COVID-19 statistics, including vaccination and positivity
rates, have shown dramatic improvement. City Council Member Posey submitted a Council Directed
item on July 6, 2021, which was supported by the full City Council, directing that staff terminate the
City's Local Emergency Declaration. As such, Resolution No. 2021-48 to terminate the local
emergency declaration has been prepared and is being presented to City Council for consideration.
Financial Impact:
Based on the current National and Statewide emergency orders that are in place, the City does not
anticipate any financial impact from this decision.
Recommended Action:
Adopt Resolution No. 2021-48, "A Resolution of the City Council of the City of Huntington Beach
Proclaiming the Termination of the Local Emergency Declared on March 16, 2020."
Alternative Action(s):
Do not adopt Resolution No. 2021-48 and direct staff accordingly.
Analysis:
On March 4, 2020, Governor Gavin Newsom declared a State of Emergency as part of the State's
efforts to control the spread of COVID-19 and coordinate its resources to prepare for the oncoming
surge in cases.
On March 16, 2020, the City Manager, acting in his capacity as the City's Director of Emergency
Management, issued a Proclamation of Local Emergency, in response to the State of Emergency.
The City Council subsequently ratified the Proclamation of Local Emergency by adopting Resolution
City of Huntinoon Beach Page 1 of 2 Printed on 7n82021
pONe'eM Lea star"
File #: 21-562 MEETING DATE: 8/3/2021
No. 2020-15.
This action enabled the City to streamline its decision-making processes and access Federal and
State resources to recoup a portion of City funds spent on responding to the pandemic. The Council's
actions also authorized the Director of Emergency Management to take certain actions to protect the
health and safety of the community and stated that the local emergency would remain in effect until
terminated by proclamation of the City Council.
In early April 2021, Governor Newsom announced the State's intention to move beyond its Blueprint
for a Safer Economy and fully reopen the California economy on June 15, 2021, provided that
California has a sufficient vaccine supply for all Californians (16 years+) who wish for one, and the
State's hospitalization rate remains stable and low. As of June 15, the State had met those conditions
and all sectors, excluding mega events, were able to return to normal business operations with no
capacity limits or social distancing requirements.
California law states that a legislative body should terminate all states of emergency at the "earliest
possible date" (California Government Code Section 8629). Therefore, staff has prepared the
attached resolution, which would terminate the March 16, 2020 local emergency declaration.
Termination would still leave the City in compliance with the Governor's State of Emergency and
would not impact staff or our partner agencies' continued coordination in the pandemic and
vaccination response. Furthermore, termination would not impact County, State and/or federal public
health measures that are currently in place, including mask requirements for unvaccinated individuals
in certain circumstances. Lastly, should the pandemic worsen in the future, the City Council may
choose to re-declare another local emergency.
Environmental Status:
Not applicable
Strategic Plan Goal:
COVID-19 Response
Attachment(s):
1 . Resolution No. 2021-48
2. Resolution No. 2020-15
City of Huntington Beach Page 2 of 2 Printed on 7/28/2021
oowerel.Qb Lea,star 1.
City Council/ ACTION AGENDA August 3. 2021
Public Financing Authority
12. 21.556 Adopted Resolution No. 2021-45 Confirming Cost Report for Weed
Abatement on Private Parcels within the City for the 2021 Season
Recommended Action:
A) Adopt Resolution No 2021-45, "A Resolution of the City Council of the City of Huntington
Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed
Abatement on Private Property Within the City for the 2021 Season,' and,
B) Direct that all charges listed thereon be certified to the Orange County 2021/22 Property
Tax Roll
Approved 6-0-1 (Peterson-Absent)
13. 21-562 Postponed Adoption of Resolution No. 2021-48, terminating the City's Local
Emergency Declaration in response to COVID-19 to September 7, 2021
Recommended Action:
Adept Res R No 2921 48. A Ity COURG11 Of the City Of H61RI1R9t0R
8east R
Approved 6-0-1 (Peterson-Absent) as amended— return to reconsider item on
September 7. 2021
14. 21-571 Adopted Resolution No. 2021-46 approving the Certification of Special
Assessments for Delinquent Civil Fines for Municipal Code Violations of
the Municipal Code
Recommended Action:
Adopt Resolution No 2021-46, "A Resolution of the City Council of the City of Huntington
Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance
Violations of the Municipal Code "
Approved 6-0-1 (Peterson-Absent)
15. 21-490 Approved and authorized execution of a Memorandum of Understanding
(MOU) between the City of Huntington Beach and Orange Coast Memorial
Medical Center, including Acceptance and Authorization of an Annual
Donation of $25.000 for Five Consecutive Years
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the "Memorandum of
Understanding between the City of Huntington Beach and Orange Coast Memorial Medical
Center.' and
B) Accept and authorize the appropriation of the annual donation of $25.000 from Orange
Coast Memorial Medical Center as stipulated in the Memorandum of Understanding for five
consecutive years
Approved 6-0-1 (Peterson-Absent)
RESOLUTION NO. 2021-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY DECLARED ON
MARCH 16, 2020
WHEREAS, as part of the State of California's response to address the global COVID-19
outbreak, on March 4,2020, Governor Gavin Newsom declared a State of Emergency in which
he identified concerns that"the number of persons requiring medical care may exceed locally
available resources,""local authority is inadequate to cope with the threat posed by COVID-19,"
and that "conditions of Government Code section 8558(b), relating to the declaration of a State
of Emergency, have been met," among other findings ("State of Emergency");
On March 16, 2020, in response to the COVID-19 crisis, the City Council adopted
Resolution No. 2020-15, which identified that "conditions of disaster or of extreme peril to the
health and safety of persons and property have arisen both Internationally and within the United
States as a result of the introduction of the novel coronavirus (COVID-19)," and that"A Local
Emergency as defined in California Government Code Section 8558(c) and Huntington Beach
Municipal Code Chapter 8.60 exists in the City of Huntington Beach,"authorizing the City
Manager/Director of Emergency Services to take certain actions to protect the health, safety, and
welfare of the public, and stated that the local emergency shall be deemed to continue to exist
throughout the City until the local emergency is terminated by proclamation of the City Council
of the City of Huntington Beach;
The City Council has exercised due diligence and has determined that the conditions of
extreme peril presented by the spread of COVID-19 have been abated to such a degree as to
warrant the termination of the local emergency.
NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach, as follows:
1. The City Council hereby proclaims that the local emergency that was declared on
March 16, 2020, by the City Manager, which was ratified by the City Council on March 16, 2020
via Resolution No. 2020-15, is hereby terminated.
2. The recitals provided in this resolution are true and correct and are incorporated
into the operative part of this Resolution.
3. This Resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting the Resolution.
21-10053/262581 1
tC7 nr//?vy7b an TA fO � e-Zl
Resolution No. 2021-48
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of' ; 2021.
\flavor
APPROVED AS TO FORM:
g,City Attorney
INITIATED REVIEWED AND APPROVED:
City \Manager
20-8477/225016 2
RESOLUTION NO. 2020-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH RATIFYING THE EXISTENCE OF A LOCAL
EMERGENCY IN THE CITY OF HUNTINGTON BEACH
WHEREAS, conditions of disaster or of extreme peril to the health and safety of persons
and property have arisen both Internationally and within the United States as a result of the
introduction of the novel coronavirus (COVID-19), a novel communicable disease, which was
first detected in December 2019; and
COVID-19 has spread globally to over 70 countries, and throughout the state of
California. Due to the increasing number of transmission in our surrounding communities,
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
The Governor of the State of California Proclaimed a State of Emergency on March 4,
2020 and has issued Executive Orders to guide local response; and
Pursuant to Huntington Beach Municipal 8.60.070 A, the City Manager/Director of
Emergency Management is hereby empowered to request the City Council to proclaim the
existence or threatened existence of a local emergency;
There is the serious potentially severe threat to the health, safety and welfare of persons
and property in the City of Huntington Beach due to the COVID-19 pandemic.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
I. A Local Emergency as defined in California Government Code Section 8558(c)
and Huntington Beach Municipal Code Chapter 8.60 exists in the City of
Huntington Beach. The Director of Emergency Management shall review, at least
every 14 days until such Local Emergency is terminated. the need for continuing
the Local Emergency.
2. The City Manager, and Director of Emergency Management under Huntington
Beach Municipal Code Chapter 8.60, is hereby the authorized representative of
the City of Huntington Beach for all purposes and to take all actions for the
preparation, mitigation, response and recovery from the COVID-19 pandemic.
20-8564/227525
104
RESOLUTION NO. 2020-15
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of March , 2020.
Mayor
INITIATED REVIEWED AND APPROVED:
City 1\4anager
APPROVED AS TO FORM:
City Attorney
105
Res. No. 2020-15
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven, that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on March 16, 2020 by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
106