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Special Meeting
San Rafael City Council
Tuesday, March 17, 2020 at 12:00 p.m.
Council Chambers
City Hall, 1400 Fifth Avenue
San Rafael, California
Agenda
Members of the public may speak on Agenda Item.
1.Coronavirus
Resolution Ratifying and Modifying the City Manager/Director of Emergency Services’
Proclamation of the Existence of a Local Emergency (CM)
Recommended Action – Adopt Resolution
ADJOURNMENT:
Pursuant to the Governor's Executive Order N-25-20 City Councilmembers may participate via
teleconference.
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: SM 1
Meeting Date: March 17, 2020
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY MANAGER
Prepared by: Andrew Hening
Director of Homeless Planning
City Manager Approval: _________
TOPIC: CORONAVIRUS
SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RATIFYING AND MODIFYING
THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES’ PROCLAMATION
OF THE EXISTENCE OF A LOCAL EMERGENCY
RECOMMENDATION:
Adopt a Resolution ratifying the proclamation of the existence of a local emergency.
BACKGROUND:
The United States Centers for Disease Control and Prevention (CDC) is responding to an outbreak of
respiratory disease caused by a novel (new) coronavirus that was first detected in China and which has
now been detected in almost 90 locations internationally, including in the United States. The virus has
been named “SARS-CoV-2” and the disease it causes has been named “coronavirus disease 2019”
(abbreviated “COVID-19”).
On January 30, 2020, the International Health Regulations Emergency Committee of the World Health
Organization declared the outbreak a “public health emergency of international concern.” On January
31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared a public health
emergency for the United States to aid the nation’s healthcare community in responding to COVID-19.
Coronaviruses are a large family of viruses that are common in people and many different species of
animals, including camels, cattle, cats, and bats. Rarely, animal coronaviruses can infect people and
then spread between people such as with MERS-CoV, SARS-CoV, and now with this new virus (named
SARS-CoV-2). The SARS-CoV-2 virus is a betacoronavirus, like MERS-CoV and SARS-CoV. All three
of these viruses have their origins in bats. The sequences from U.S. patients are similar to the one that
China initially posted, suggesting a likely single, recent emergence of this virus from an animal
reservoir.
Early on, many of the patients at the epicenter of the outbreak in Wuhan, Hubei Province, China had
some link to a large seafood and live animal market, suggesting animal-to-person spread. Later, a
growing number of patients reportedly did not have exposure to animal markets, indicating person-to-
person spread. Person-to-person spread was subsequently reported outside Hubei and in countries
outside China, including in the United States. Some international destinations now have apparent
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
community spread with the virus that causes COVID-19, as do some parts of the United States.
Community spread means some people have been infected, and it is not known how or where they
became exposed. The virus is thought to spread mainly from person to person – here is additional
information regarding the spread of this newly emerged coronaviruses.
In addition to CDC, many public health laboratories are now testing for the virus that causes COVID-19.
With this increase in testing, 19 states have now reported cases of COVID-19 to CDC (view latest case
counts, deaths, and a map of states with reported cases). U.S. COVID-19 cases include: imported
cases in travelers, cases among close contacts of a known case, and community-acquired cases where
the source of the infection is unknown.
The complete clinical picture with regard to COVID-19 is not fully known. Reported illnesses have
ranged from very mild (including some with no reported symptoms) to severe, including illness resulting
in death. While information so far suggests that most COVID-19 illness is mild, a report out of China
suggests serious illness occurs in 16% of cases. Older people and people of all ages with severe
underlying health conditions — like heart disease, lung disease and diabetes, for example — seem to
be at higher risk of developing serious COVID-19 illness (more information about the symptoms
associated with COVID-19).
Outbreaks of novel virus infections among people are always of public health concern. The risk to the
general public from these outbreaks depends on characteristics of the virus, including how well it
spreads between people; the severity of resulting illness; and the medical or other measures available
to control the impact of the virus (for example, vaccines or medications that can treat the illness). That
this disease has caused severe illness, including illness resulting in death is concerning, especially
since it has also shown sustained person-to-person spread in several places. These factors meet two
of the criteria of a pandemic. As community spread is detected in more and more countries, the world
moves closer toward meeting the third criteria, worldwide spread of the new virus. According to the
CDC, it is likely that this virus will cause a pandemic. This is a rapidly evolving situation and CDC’s risk
assessment will be updated as needed.
ANALYSIS:
On March 10, 2020 the City of San Rafael City Manager in his role as the Director of Emergency
Services, per San Rafael Municipal Code 7.12.020, proclaimed a state of emergency to help better
prepare for and respond to the growing concern of the Novel Cornovirus (COVID-19). The attached
resolution formally ratifies the proclamation made by the City Manager on March 10th.
Coronavirus poses an imminent and proximate threat of a medical surge likely to be beyond the control
of the services, personnel, equipment, and facilities of the City. Declaring a state of emergency allows
the City to streamline communication, increase coordination/collaboration among City and County staff,
potentially draw down new sources of funding, and activate a menu of powers that can be used to
address the crisis, all without violating existing law and procedure. In addition, this proclamation
establishes the need for potential state and/or federal disaster funding/reimbursements at a later time.
FISCAL IMPACT:
There is no fiscal impact associated with this specific item. However, declaring a state of emergency
may allow state/federal reimbursements as described above.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution
2. Adopt resolution with modifications.
3. Do not adopt the resolution. (The City Council may choose to not adopt the recommended
Resolutions. Under this alternative the City may be limited in its ability to recover costs should
reimbursement funds become available.)
RECOMMENDED ACTION:
Adopt a Resolution ratifying the proclamation of the existence of a local emergency.
ATTACHMENTS:
1. Ratifying Resolution
2. Declaration of Local Emergency
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RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, COUNTY OF MARIN,
RATIFYING AND MODIFYING THE CITY MANAGER/DIRECTOR OF EMERGENCY
SERVICES’ PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Section 7.12.020 of the San Rafael Municipal Code empowers the City
Manager/Director of Emergency Services of the City to proclaim the existence of a local
emergency if the City Council is not in session, and requires that the City Council shall take action
to ratify the proclamation within seven days thereafter; and
WHEREAS, the City Council hereby finds that conditions of disaster or extreme peril to the safety
of persons and property have arisen within the City of San Rafael as a result of the novel
coronavirus (COVID-19), an infectious disease that causes respiratory illness, first detected in
Wuhan City, Hubei Province, China in December 2019; and
WHEREAS, there is a widespread, ongoing global outbreak of respiratory illness (COVID-19) that
can be spread from person-to-person, and on February 26, 2020, community transmission was
confirmed by the Centers for Disease Control and Prevention (CDC) in the Bay Area; and
WHEREAS, on March 4, 2020, California Governor Newsom declared a state of emergency in
the State of California on March 4, 2020; and
WHEREAS, on March 13, 2020 President Trump declared a national state of emergency on
beginning on March 1, 2020; and
WHEREAS, on March 16, 2020, a Shelter in Place Order for all of Marin County was issued by
the Marin County Health Officer; and
WHEREAS, these conditions are likely to be beyond the control of the services, personnel,
equipment, and facilities of the City of San Rafael; and that the aforesaid conditions of peril to the
safety of persons and property warrant and necessitate the proclamation of the existence of a
local emergency; and
WHEREAS, the City Council hereby finds that the above-described conditions of extreme peril
did warrant and necessitate the proclamation of the existence of a local emergency in the City of
San Rafael; and
WHEREAS, the City Manager acting as the Director of Emergency Services did proclaim
the existence of a local emergency within the City on the 10th day of March at 5 p.m.;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that the
Proclamation of Local Emergency, as issued by the City Manager/Director of Emergency
Services, is hereby ratified and confirmed; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this local
emergency, the powers, functions, and duties of the Director of Emergency Services and the
Emergency Organization of this City shall be those prescribed by state law, by ordinances and
2
resolutions of this City, and by the City of San Rafael Emergency Operations Plan in order to
mitigate the effects of this emergency; and
IT IS FURTHER PROCLAIMED AND ORDERED that all City officials and employees cooperate
and coordinate efforts with officials and employees of other political subdivisions and officials and
employees of the state and federal government in bringing the present condition of local
emergency under control; and
IT IS FURTHER PROCLAIMED AND ORDERED that effective upon adoption of this Resolution,
all timing requirements of Title 14 (Zoning) and Title 15 (Subdivisions) of the San Rafael Municipal
Code that create automatic entitlements as a result of the failure of the City or one of its officers,
boards, and/or commissions, to act, shall be tolled for thirty days beyond the duration of the State
of Emergency in the State of California declared on March 4, 2020; and
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Resolution be forwarded to
the Governor of California with the request that he proclaim the existence of a State of Emergency
throughout the City of San Rafael and/or to the Director of the State Office of Emergency Services
with a request for State aid to the City of San Rafael; and
IT IS FURTHER RESOLVED that the City Manager/Director of Emergency Services is hereby
designated as the authorized representative of the City of San Rafael for the purpose of receipt,
processing, and coordination of all inquiries and requirements necessary to obtain available state
and federal assistance; and
IT IS FURTHER PROCLAIMED AND ORDERED that this local emergency shall
be deemed to continue to exist until its termination is declared by the City Council of
the City of San Rafael.
I, LINDSAY LARA, Clerk of the City of San Rafael, California, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a special meeting of the City Council
of the City of San Rafael held on the 17th day of March 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Government Code section 8630 and the City of San Rafael Municipal Code section
7/12/020 authorize and empower the City Manager of the City of San Rafael to proclaim the
existence or threatened existence of a local emergency when the City of San Rafael is affected
or likely to be affected by a public calamity and the City Council of the City of San Rafael is not in
session, subject to confirmation by the City Council within seven days thereafter; and
WHEREAS , City Manager of the City of San Rafael has found the conditions created by the
widespread, ongoing global outbreak of respiratory illness {COVID-19) that can be spread from
person-to-person constitute a disaster and extreme peril to life and property within the City of San
Rafael; and
WHEREAS, such condition of disaster and extreme peril began on February 28 th , 2020; and
WHEREAS, the City Council of the City of San Rafael is not presently in session;
NOW, THEREFORE, THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES OF
THE CITY OF SAN RAFAEL DECLARES AND PROCLAIMS as follows :
1. Conditions of disaster and extreme peril to the safety of person and property have arisen
with the City of San Rafael as of February 28 th 2020, caused by the widespread, ongoing
global outbreak of respiratory illness {COVID-19).
2. In consequence of said conditions and pursuant to Government Code section 8630 and
the City of San Rafael Municipal section 17 .12.020 a local emergency now exists
throughout the City of San Rafael.
3 . During this local emergency the powers, functions , and duties of the City Manager and the
emergency organization of the City of San Rafael shall be those prescribed by State law,
and the ordinances, resolutions, and approved emergency service plans of the City of San
Rafael
4. This proclamation of local emergency shall be reviewed by the City Council of the City of
San Rafael within seven days and if not confirmed and ratified by the City Council shall
expire on the seventh day or such earlier date as specified by the City Council.
5 . This proclamation and the contents thereof shall be published and promulgated in as
widespread a manner as reasonably feasible in light of the conditions prevailing during the
local emergency.