HomeMy WebLinkAboutResolution 2020-005RESOLUTION NO, 2020-005
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, DECLARING
THE EXISTENCE OF A LOCAL EMERGENCY WITHIN
THE CITY OF ATASCADERO (COVID-19)
WHEREAS, 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, which has since spread outside of China, impacting more than 100 countries,
now including the United States; and
WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or death
and is easily transmissible from person to person; and
WHEREAS, as of March 16, 2020, confirmed cases of COVID-19 include over 167,500
people around the world, over 3,480 in the United States, 369 persons in California, and 3 in San
Luis Obispo County; COVID-19 has killed over 6,600 people worldwide; and there has been a
significant escalation of United States domestic cases of and deaths from COVID-19; and
WHEREAS, the federal Centers for Disease Control and Prevention activated its
Emergency Response System to provide ongoing support for the response to COVID-19 across
the country; and
WHEREAS, the California Department of Public Health has activated its Medical and
Health Coordination Center, and the Office of Emergency Services recently activated the State
Operations Center to provide support and guide actions to preserve public health; and
WHEREAS, the Governor of the State of California has proclaimed a State of Emergency
for the State of California and issued Executive Orders directing measures to mitigate the spread
of cases of COVID-19 within the State of California; the Director -General for the World Health
Organization declared that COVID-19 can be characterized as a "pandemic"; the President of the
United States declared that the outbreak of COVID-19 in the United States constitutes a national
emergency; the San Luis Obispo County Emergency Services Director has proclaimed a local
emergency; and the San Luis Obispo County Public Health Director has declared a public health
emergency related the spread of cases of COVID-19 within the State of California; and local school
closures have gone 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
OMM WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
within the City, caused by the risk of spread of COVID-19 and the demands on public services to
mitigate and respond to those risks, as described in the Proclamation of a State of Emergency
issued by Governor Newsom, which proclamation is attached hereto and incorporated herein by
City of Atascadero
Resolution No. 2020-005
Page 2 of 4
.mm this reference as Exhibit 1, and all recitals set forth in the Governor's Proclamation are included
as though fully set forth herein; and
WHEREAS, the health, safety and welfare of City of Atascadero 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, it is imperative to prepare for and respond to COV ID- 19 cases within the
City, and to prepare to respond to an increasing number of individuals who may require medical
care; and
WHEREAS, preparing for, responding to, mitigating, and recovering from the spread
of COVID-19 requires the City to divert resources from normal day-to-day operations, and has
and will continue to impose extraordinary requirements on and expenses to the City; 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, the City may require additional assistance in the future, and proclamation of local
emergency allows additional resources to flow to the City in a timely manner; and
omm WHEREAS, heightened levels of public health and safety planning and preparedness have
been necessitated to respond to cases of COVID-I9 in the community and immediate action, not
lending itself to otherwise applicable notice and approval timelines, is necessary to respond to the
rapidly evolving pandemic and to mitigate against the spread of COVID-19 and its resulting public
health and safety impacts; and
WHEREAS, the City of Atascadero will be required to help enforce all restrictions
imposed by the State of California and by the County of San Luis Obispo acting as the health
agency; and
WHEREAS, in the absence of a declaration of local emergency, strict compliance with
certain Municipal Code and other City regulations would prevent, hinder, or delay appropriate
actions to prevent and mitigate the effects of COVID-19; and
WHEREAS, section 4-4.07 of the Municipal Code empowers the Emergency Services
Director to request that the City Council proclaim a local emergency where there is the actual or
threatened existence of conditions of disaster or of extreme peril to the safety of persons and
property within the City of Atascadero ; and
WHEREAS, section 4-4.03 of the Municipal Code includes an epidemic as one of the
w
proper grounds for proclaiming a local emergency; and
WHEREAS, after consideration of all facts reasonably available presently for review
and all items, the Director of Emergency Services now desires to request the City Council declare
City of Atascadero
Resolution No. 2020-005
Page 3 of 4
the existence of a state of local emergency to make additional resources available to address the
effects of COVID-19.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1. City Council finds that the actual existence of conditions of extreme peril to
the safety of persons and property have arisen within the City of Atascadero, caused by the effects
of COVID-19, and a local emergency now exists throughout the City of Atascadero.
SECTION 2. During the existence of said local emergency, the powers, functions, and
duties of the Emergency Services Director and the Emergency Organization of this City shall be
those prescribed by state law, ordinances, and resolutions of this City and by the City of Atascadero
Emergency Operations Plan, notwithstanding otherwise applicable procedures, timelines or
methods of action and the Emergency Services Director is expressly authorized to take any and all
actions in furtherance of emergency powers to address the local emergency.
SECTION 3. The Emergency Services Director is further expressly authorized to make
any and all modifications to City paid leave policies as are deemed necessary to support continuity
of City services, and may promulgate guidelines and employee advisories as necessary to further
define and implement any modifications or paid leave time authorizations pursuant to this
.M authorization.
SECTION 4. The proclamation of local emergency shall be deemed to continue to exist
until it is terminated by the City Council of the City of Atascadero pursuant to a resolution adopted
by the City Council of the City of Atascadero.
SECTION 5. This Resolution shall become effective immediately upon adoption, or if
legally permissible, retroactive to March 4, 2020, when Governor Newsom declared an emergency
in the State of California.
SECTION b. A copy of this order and regulation shall be posted on all outside public
access doors of City Hall of the City of Atascadero and in one public place within any area of the
City within which this order and regulation applies and personnel of the City of Atascadero shall
endeavor to make copies of this order and regulation available to the news media.
City of Atascadero
Resolution No. 2020-005
Page 4 of 4
PASSED AND ADOPTED at a special meeting of the City Council held on the 17th day of
March, 2020.
On motion by Council Member Newsom and seconded by Mayor Pro Tem Bourbeau , the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST7
h
Lara I Chris ens ty Clexk
.=%
CITY OF ATASCADERO
Heather oreno, Mayor
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS 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, Hubei Province, China, and has spread outside
of China, impacting more than 75 countries, including the United States;
and
WHEREAS the State of California has been working in close
collaboration with the national Centers for Disease Control and Prevention
(CDC), with the United States Health and Human Services Agency, and
with local health departments since December 2019 to monitor and plan
for the potential spread of COVID-19 to the United States; and
WHEREAS on January 23, 2020, the CDC activated its Emergency
Response System to provide ongoing support for the response to COVID-
19 across the country; and
WHEREAS on January 24, 2020, the California Department of Public
Health activated its Medical and Health Coordination Center and on
March 2, 2020, the Office of Emergency Services activated the State
Operations Center to support and guide state and local actions to
preserve public health; and
WHEREAS the California Department of Public Health has been in
regular communication with hospitals, clinics and other health providers
and has provided guidance to health facilities and providers regarding
COVID-19; and
WHEREAS as of March 4, 2020, across the globe, there are more
than 94,000 confirmed cases of COVID-19, tragically resulting in more than
3,000 deaths worldwide; and
WHEREAS as of March 4, 2020, there are 129 confirmed cases of
COVID-19 in the United States, including 53 in California, and more than
9,400 Californians across 49 counties are in home monitoring based on
possible travel -based exposure to the virus, and officials expect the
number of cases in California, the United States, and worldwide to
increase; and
WHEREAS for more than a decade California has had a robust
pandemic influenza plan, supported local governments in the
development of local plans, and required that state and local plans be
regularly updated and exercised; and
WHEREAS California has a strong federal, state and local public
health and health care delivery system that has effectively responded to
prior events including the Hl N1 influenza virus in 2009, and most recently
Ebola; and
I
WHEREAS experts anticipate that while a high percentage of
individuals affected by COVID-19 will experience mild flu-like symptoms,
some will have more serious symptoms and require hospitalization,
particularly individuals who are elderly or already have underlying chronic
health conditions; and
WHEREAS it is imperative to prepare for and respond to suspected or
confirmed COVID-19 cases in California, to implement measures to
mitigate the spread of COVID-19, and to prepare to respond to an
increasing number of individuals requiring medical care and
hospitalization; and
WHEREAS if COVID-19 spreads in California at a rate comparable to
the rate of spread in other countries, the number of persons requiring
medical care may exceed locally available resources, and controlling
outbreaks minimizes the risk to the public, maintains the health and safety
of the people of California, and limits the spread of infection in our
communities and within the healthcare delivery system; and
WHEREAS personal protective equipment (PPE) is not necessary for
use by the general population but appropriate PPE is one of the most
effective ways to preserve and protect California's healthcare workforce
at this critical time and to prevent the spread of COVID-19 broadly; and
WHEREAS state and local health departments must use all available
preventative measures to combat the spread of COVID-19, which will
require access to services, personnel, equipment, facilities, and other
resources, potentially including resources beyond those currently
available, to prepare for and respond to any potential cases and the
spread of the virus; and
WHEREAS I find that conditions of Government Code section
8558(b), relating to the declaration of a State of Emergency, have been
met; and
WHEREAS I find that the conditions caused by COVID-19 are likely to
require the combined forces of a mutual aid region or regions to
appropriately respond; and
WHEREAS under the provisions of Government Code section
8625(c), I find that local authority is inadequate to cope with the threat
posed by COVID-19; and
WHEREAS under the provisions of Government Code section 8571,1
find that strict compliance with various statutes and regulations specified
in this order would prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of
California, in accordance with the authority vested in me by the State
Constitution and statutes, including the California Emergency Services
Act, and in particular, Government Code section 8625, HEREBY PROCLAIM
A STATE OF EMERGENCY to exist in California.
IT IS HEREBY ORDERED THAT:
In preparing for and responding to COVID-19, all agencies of the
state government use and employ state personnel, equipment,
and facilities or perform any and all activities consistent with the
direction of the Office of Emergency Services and the State
Emergency Plan, as well as the California Department of Public
Health and the Emergency Medical Services Authority. Also, all
residents are to heed the advice of emergency officials with
regard to this emergency in order to protect their safety.
As necessary to assist local governments and for the protection
of public health, state agencies shall enter into contracts to
arrange for the procurement of materials, goods, and services
needed to assist in preparing for, containing, responding to,
mitigating the effects of, and recovering from the spread of
COVID-19. Applicable provisions of the Government Code and
the Public Contract Code, including but not limited to travel,
advertising, and competitive bidding requirements, are
suspended to the extent necessary to address the effects of
COVID-19.
3. Any out-of-state personnel, including, but not limited to, medical
personnel, entering California to assist in preparing for,
responding to, mitigating the effects of, and recovering from
COVID-19 shall be permitted to provide services in the same
manner as prescribed in Government Code section 179.5, with
respect to licensing and certification. Permission for any such
individual rendering service is subject to the approval of the
Director of the Emergency Medical Services Authority for
medical personnel and the Director of the Office of Emergency
Services for non-medical personnel and shall be in effect for a
period of time not to exceed the duration of this emergency.
4. The time limitation set forth in Penal Code section 396, subdivision
(b), prohibiting price gouging in time of emergency is hereby
waived as it relates to emergency supplies and medical supplies.
These price gouging protections shall be in effect through
September 4, 2020.
5. Any state-owned properties that the Office of Emergency
Services determines are suitable for use to assist in preparing for,
responding to, mitigating the effects of, or recovering from
COVID-19 shall be made available to the Office of Emergency
Services for this purpose, notwithstanding any state or local law
that would restrict, delay, or otherwise inhibit such use.
Any fairgrounds that the Office of Emergency Services
determines are suitable to assist in preparing for, responding to,
mitigating the effects of, or recovering from COVID-19 shall be
made available to the Office of Emergency Services pursuant to
the Emergency Services Act, Government Code section 8589.
The Office of Emergency Services shall notify the fairgrounds of
the intended use and can immediately use the fairgrounds
without the fairground board of directors' approval, and
notwithstanding any state or local law that would restrict, delay,
or otherwise inhibit such use.
7. The 30 -day time period in Health and Safety Code section
101080, within which a local governing authority must renew a
local health emergency, is hereby waived for the duration of this
statewide emergency. Any such local health emergency will
remain in effect until each local governing authority terminates
its respective local health emergency.
8. The 60 -day time period in Government Code section 8630, within
which local government authorities must renew a local
emergency, is hereby waived for the duration of this statewide
emergency. Any local emergency proclaimed will remain in
effect until each local governing authority terminates its
respective local emergency.
The Office of Emergency Services shall provide assistance to
local governments that have demonstrated extraordinary or
disproportionate impacts from COVID-19, if appropriate and
necessary, under the authority of the California Disaster
Assistance Act, Government Code section 8680 et seq., and
California Code of Regulations, Title 19, section 2900 et seq.
10. To ensure hospitals and other health facilities are able to
adequately treat patients legally isolated as a result of COVID-
19, the Director of the California Department of Public Health
may waive any of the licensing requirements of Chapter 2 of
Division 2 of the Health and Safety Code and accompanying
regulations with respect to any hospital or health facility
identified in Health and Safety Code section 1250. Any waiver
shall include alternative measures that, under the circumstances,
will allow the facilities to treat legally isolated patients while
protecting public health and safety. Any facilities being granted
a waiver shall be established and operated in accordance with
the facility's required disaster and mass casualty plan. Any
waivers granted pursuant to this paragraph shall be posted on
the Department's website.
1 1.To support consistent practices across California, state
departments, in coordination with the Office of Emergency
Services, shall provide updated and specific guidance relating
to preventing and mitigating COVID-19 to schools, employers,
employees, first responders and community care facilities by no
later than March 10, 2020.
12.To promptly respond for the protection of public health, state
entities are, notwithstanding any other state or local law,
authorized to share relevant medical information, limited to the
patient's underlying health conditions, age, current condition,
date of exposure, and possible contact tracing, as necessary to
address the effect of the COVID-19 outbreak with state, local,
federal, and nongovernmental partners, with such information to
be used for the limited purposes of monitoring, investigation and
control, and treatment and coordination of care. The
CR—
notification requirement of Civil Code section 1798.24,
subdivision (i), is suspended.
13. Notwithstanding Health and Safety Code sections 1797.52 and
1797.218, during the course of this emergency, any EMT -P
licensees shall have the authority to transport patients to
medical facilities other than acute care hospitals when
approved by the California EMS Authority. In order to carry out
this order, to the extent that the provisions of Health and Safety
Code sections 1797.52 and 1797.218 may prohibit EMT -P
licensees from transporting patients to facilities other than acute
care hospitals, those statutes are hereby suspended until the
termination of this State of Emergency.
14.The Department of Social Services may, to the extent the
Department deems necessary to respond to the threat of
COVID-19, waive any provisions of the Health and Safety Code
or Welfare and Institutions Code, and accompanying
regulations, interim licensing standards, or other written policies
or procedures with respect to the use, licensing, or approval of
facilities or homes within the Department's jurisdiction set forth in
the California Community Care Facilities Act (Health and Safety
Code section 1500 et seq.), the California Child Day Care
Facilities Act (Health and Safety Code section 1596.70 et seq.),
and the California Residential Care Facilities for the Elderly Act
(Health and Safety Code section 1569 et seq.). Any waivers
granted pursuant to this paragraph shall be posted on the
Department's website.
FURTHER DIRECT that as soon as hereafter possible, this
proclamation be filed in the Office of the Secretary of State and that
widespread publicity and notice be given of this proclamation.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
Cali rnia to b affixed this 4th day
Of rch 20:20
G N NEW:�OM
ernor of California
ATTEST:
ALEX PADILLA
Secretary of State
CITY OF ATASCADERO PROCLAIMS EXISTENCE OF A
LOCAL EMERGENCY DUE TO
NOVEL CORONAVIRUS-COVID-19 PANDEMIC
by Director of Emergency Services
WHEREAS, Atascadero Municipal Code Title 4 Chapter 4, Emergency Organization
and Functions, empowers the Director of Emergency Services 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 is session; 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 in Wuhan City,
Hubie Province, China, which has since spread outside of China, impacting more than
100 countries, now including the United States; and
WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or
death and is easily transmissible from person to person; and
WHEREAS, the federal Centers for Disease Control and Prevention activated its
Emergency Response System to provide ongoing support for the response to COVID-
19 across the country; and
WHEREAS, the California Department of Public Health has activated its Medical and
Health Coordination Center, and the Office of Emergency Services recently activated
the State Operations Center to provide support and guide actions to preserve public
health: and
WHEREAS, the Governor of the State of California has proclaimed a State of
Emergency for the State of California and issued Executive Orders directing measures
to mitigate the spread of cases of COVID-19 within the State of California; the Director -
General for the World Health Organization declared that COVID-19 can be
characterized as a "pandemic"; the President of the United States declared that the
outbreak of COVID-19 in the United States constitutes a national emergency; the San
Luis Obispo County Emergency Services Director has proclaimed a local emergency;
and the San Luis Obispo County Public Health Director has declared a public health
emergency related the spread of cases of COVID-19 within the State of California, and
local school closures have gone 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, conditions of extreme peril to the safety of persons and property have
arisen within the City, caused by the risk of spread of COVID-19 and the demands on
public services to mitigate and respond to those risks, as described in the Proclamation
of a State of Emergency issued by Governor Newsom, which proclamation is attached
hereto and incorporated herein by this reference as Exhibit 1, and all recitals set forth in
the Governor's Proclamation are included as though fully set forth herein; and
WHEREAS, the health, safety and welfare of City of Atascadero 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, it is imperative to prepare for and respond to COVID-19 cases within the
City, and to prepare to respond to an increasing number of individuals who may require
medical care; and
WHEREAS, preparing for, responding to, mitigating, and recovering from the spread of
COVID-19 requires the City to divert resources from normal day-to-day operations, and
has and will continue to impose extraordinary requirements on and expenses to the
City; 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, the City may require additional assistance in the future, and
proclamation of local emergency allows additional resources to flow to the City in a
timely manner; and
WHEREAS, heightened levels of public health and safety planning and preparedness
have been necessitated to respond to cases of COVID-19 in the community and
immediate action, not lending itself to otherwise applicable notice and approval
timelines, is necessary to respond to the rapidly evolving pandemic and to mitigate
against the spread of COVID-19 and its resulting public health and safety impacts; and
WHEREAS, the City of Atascadero will be required to help enforce all restrictions
imposed by the State of California and by the County of San Luis Obispo acting as the
health agency; and
WHEREAS, in the absence of a declaration of local emergency, strict compliance with
certain Municipal Code and other City regulations would prevent, hinder, or delay
appropriate actions to prevent and mitigate the effects of COVID-19; and
WHEREAS, section 4-4.07 of the Municipal Code empowers the Emergency Services
Director to request that the City Council proclaim a local emergency where there is the
actual or threatened existence of conditions of disaster or of extreme peril to the safety
of persons and property within the City of Atascadero ; and
WHEREAS, section 4-4.03 of the Municipal Code includes an epidemic as one of the
proper grounds for proclaiming a local emergency.
NOW THEREFORE, I hereby proclaim a local emergency in the City of Atascadero,
pursuant to the California Emergency Services Act, and Title 4/Chapter 4 of the
Municipal Code of the City of Atascadero, due to the existence of conditions of extreme
peril to the safety of persons within the City caused by an imminent threat to public
health from the likely introduction of COVID-19 in the City.
IT IS HEREBY 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, by ordinances, and resolutions of this City, as
approved by the City Council.
C ,
Dated: March 14, 2020 By:
Rachelle Rickard
City Of Atascadero
Director of Emergency Services
EXHIBIT 1
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS 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. Hubei Province, China, and has spread outside
of China, impacting more than 75 countries, including the United Slates
and
WHEREAS the State of California has been working in close
collaboration with the national Centers for Disease Control and Prevention
(CDC), with the United States Health and Human Services Agency, and
with local health departments since December 2019 to monitor and plan
for the potential spread of COVID-19 to the United States; and
WHEREAS on January 23, 2020, the CDC activated its Emergency
Response System to provide ongoing support for the response to COVIN
19 across the country: and
WHEREAS on January 24, 2020, the California Department of Public
Health activated its Medical and Health Coordination Center and on
March 2, 2020, the Office of Emergency Services activated the State
Operations Center to support and guide state and local actions to
preserve public health; and
WHEREAS the California Department of Public Health has been in
regular communication with hospitals, clinics and other health provider
and has provided guidance to health facilities and providers regarding
COVID-19; and
WHEREAS as of March 4, 2020, across the globe, there are more
than 94,000 confirmed cases of COVID-19, tragically resulting in more than
3.000 deaths worldwide; and
WHEREAS as of March 4, 2020, there are 129 confirmed cases of
COVID-19 in the United States, including 53 in California. and more than
9,400 Californians across 49 counties are in home monitoring based on
possible travel -based exposure to the virus, and officials expect the
number of cases in California, the United States, and worldwide to
increase; and
WHEREAS for more than a decade California has had a robust
pandemic influenza plan, supported local governments in the
development of local plans, and required that state and local plans be
regularly updated and exercised; and
WHEREAS California has a strong federal, state and local public
health and health care delivery system that has effectively responded to
prior events including the Hl NI influenza virus in 2009, and most recently
Ebola; and
WHEREAS experts anticipate that while a high percentage of
individuals affected by COVID-19 will experience mild flu-like symptoms,
some will have more serious symptoms and require hospitalization,
particularly individuals who are elderly or already have underlying chronic
health conditions; and
WHEREAS it Is imperative to prepare for and respond to suspected or
confirmed COVID-19 cases in California. to implement measures to
mitigate the spread of COVID-19, and to prepare to respond to an
increasing number of individuals requiring medical care and
hospitalization; and
WHEREAS if COVID-19 spreads in California at a rate comparable to
the rate of spread in other countries, the number of persons requiring
medical care may exceed locally available resources, and controlling
outbreaks minimizes the risk to the public, maintains the health and safety
of the people of California, and limits the spread of infection in our
communities and within the healthcare delivery system; and
WHEREAS personal protective equipment (PPE) is not necessary for
use by the general population but appropriate PPE is one of the most
effective ways to preserve and protect California's healthcare workforce
at this critical time and to prevent the spread of COVID-19 broadly; and
WHEREAS state and local health departments must use all available
preventative measures to combat the spread of COVID-19, which will
require access to services, personnel, equipment, facilities, and other
resources, potentially including resources beyond those currently
available, to prepare for and respond to any potential cases and the
spread of the virus: and
WHEREAS I find that conditions of Government Code section
8558(b), relating to the declaration of a State of Emergency, have been
met; and
WHEREAS I find that the conditions caused by COViD-19 are likely to
require the combined forces of a mutual aid region or regions to
appropriately respond: and
WHEREAS under the provisions of Government Code section
8625(c). I find that local authority is inadequate to cope with the threat
posed by COVID-19; and
WHEREAS under the provisions of Government Code section 8571, 1
find that strict compliance with various statutes and regulations specified
in this order would prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19.
NOW, THEREFORE, I, GAMIN NEWSOM, Governor of the State of
California, in accordance with the authority vested in me by the State
Constitution and statutes, including the California Emergencv Services
Act, and in particular, Government Code section 8625, HEREBY PROCLAIM
A STATE OF EMERGENCY to exist in California.
IT IS HEREBY ORDERED THAT.
In preparing for and responding to COVID-19, all agencies of the
state government use and employ state personnel, equipment,
and facilities or perform any and all activities consistent with the
direction of the Office of Emergency Services and the State
Emergency Plan, as well as the California Department of Public
Health and the Emergency Medical Services Authority. Also, all
residents are to heed the advice of emergency officials with
regard to this emergency in order to protect their safety.
2. As necessary to assist local governments and for the protectk r
of public health, state agencies shall enter into contracts to
arrange for the procurement of materials, goods, and services
needed to assist in preparing for, containing, responding to,
mitigating the effects of. and recovering from the spread of
COVID-19. Applicable provisions of the Government Code and
the Public Contract Code, including but not limited to travel,
advertising, and competitive bidding requirements, are
suspended to the extent necessary to address the effects of
COVID-19.
3. Any out-of-state personnel, including, but not limited to, medical
personnel, entering California to assist ir. preparing for,
responding to, mitigating the effects of, and recovering from
COVID-19 shall be permitted to provide services in the some
manner as prescribed in Government Code section 179.5, with
respect to licensing and certification. Permission for any such
Individual rendering service is subject to the approval of the
Director of the Emergency Medical Services Authority for
medical personnel and the Director of the Office of Emergency
Services for non-medical personnel and shall be in effect for a
period of time not to exceed the duration of this emergency.
,. The time limitation set forth in Per ai Code section 396, subdivision
fbj. prohibiting price gouging in time of emergency is hereby
waived as it relates to emergency supplies and medical supplies.
These price gouging protections shall be in effect through
September 4, 2020.
5. Any state-owned properties that the Office of Emergency
Services determines are suitable for use to assist in preparing for,
responding to, mitigating the effects of, or recovering from
COVID-19 shall be made available to the Office of Emergency
Services for this purpose, notwithstanding any state or local law
that would restrict, delay, or otherwise inhibit such use.
6. Any fairgrounds thai the Office of Emergency Services
determines are suitable to assist in preparing for, responding to,
mitigating the effects of, or recovering from COVID-19 shall be
made available to the Office of Ernergency Services pursuant to
the Emergency Services Act, Government Code section 8589.
The Office of Emergency Services shall notify the fairgrounds of
the intended use and can immediately use the fairgrounds
without the fairground board of directors' approval, and
notwithstanding any state or local law that would restrict, delay,
or otherwise inhibit such use.
7. The 30 -day time period in Health and Safety Code section
101080, within which a local governing authority must renew a
local health emergency, is hereby waived for the duration of this
statewide emergency. Any such kcal health emergency will
remain in effect until each local governing authority terminates
its respective local health emergency.
B. The 60 -day time period in Government Code section 8630, with;,)
which local government authorities must renew a local
emergency, is hereby waived for the duration of this statewide
emergency. Any local emergency proclaimed will retrain in
effect until each local governing authority terminates its
respective local emergency.
9. The Office of Emergency Services shall provide assistance to
local governments that have demonstrated extraordinary or
disproportionate impacts from COVID-19, if appropriate and
necessary. under the authority of the California Disaster
Assistance Act, Government Code section 8680 et sea., and
California Code of Regulations, Title 19, section 2900 et seq.
10. To ensure hospitals and other health facilities are able to
adequately treat patients legally isolated as a result of COVic-
19, the Director of the California Department of Public Health
may waive any of the licensing requirements of Chapter 2 of
Division 2 of the Health and Safety Code and accompanying
regulations with respect to any hospital or health facility
identified in Health and Safety Code section 1250. Any waiver
shall include alternative measures that, under the circumstances,
will allow the facilities to treat legally isolated patients while
protecting public health and safety. Any facilities being granted
a waiver shall be established and operated in accordance with
the facility's required disaster and mass casualty plan. Any
waivers granted pursuant to this paragraph shall be posted on
the Department's website.
1 i.To support consistent proctlees across C:alifomio, state
departments, in coordination with the Office of Emergency
Services, shall provide updated and specific guidance relating
to preventing and mitigating COVID-19 to schools, employers,
employees. first responders and community care facilities by no
later than March 10. 2020.
12,To promptly respond for the protection of public health, state
entities are, notwithstanding any other state or local law,
authorized to share relevant medical information, limited to the
patient's underlying health conditions, age, current condition,
date of exposure, and possible contact tracing, as necessary to
address the effect of the COVID-19 outbreak with state, local,
federal, and nongovernmental partners, with such information to
be used for the limited purposes of monitoring, investigation and
control, and treatment and coordination of care. The
notification requirement of Civil Code section 1798.24,
subdivision (I), is suspended.
13. Notwithstanding Health and Safety Code sections 1797.52 and
1797.218, during the course of this emergency, any EMT -P
licensees shall have the authority to transport patients to
medical facilities other than acute care hospitals when
approved by the California EMS Authodly. In order to carry out
this order, to the extent that the provisions of Health and Safety
Code sections 1797.52 and 1797.218 may prohibit EMT -P
licensees from transporting patients to facilities other than acute
care hospitals, those statutes are hereby suspended until the
termination of this State of Emergency.
14. The Department of Social Services may, to the extent the
Department deems necessary to respond to the threat of
COVID-19, waive any provisions of the Health and Safety Code
or Welfare and Institutions Code, and accompanying
regulations, interim licensing standards, or other written policies
or procedures with respect to the use, licensing, or approval of
facilities or homes within the Department's jurisdiction set forth in
the California Community Care Facilities Act (Health and Safety
Code section 1500 et seq.), the California Child Day Care
Facilities Act (Health and Safety Code section 1596.70 et seq.),
and the California Residenfia! Care Facilities for the Elderly Act
(Health and Safety Code section 1569 et sec.). Any waivers
granted pursuant to this paragraph shall be posted on the
Department's website.
FURTHER DIRECT that as soon as hereafter possible, this
proclamation be filed in the Office of the Secretary of State and that
widespread publicity and notice be given of this proclamation.
IN WITNESS WHEREOF I have
hereunto se- my hand and caused
the Great Seal of the State of
Cali mia to b affixed this 4th day
of ch 2020
of California
ATTEST:
ALEX PADILLA
Secretary of State
-IM-