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HomeMy WebLinkAbout09 RESOLUTION EXTENDING DECLARATION OF LOCAL EMERGENCYDocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item 9 AGENDA REPORT Reviewed: City Manager Finance Director N/A MAY 19, 2020 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MATTHEW S. WEST, CITY MANAGER RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19). On March 20, 2020, the City Council ratified a Proclamation declaring the existence of a local emergency relating to Covid-19, in accordance with Government Code Section 8630 and Tustin Municipal Code Sections 5204 and 5205(a)(1). Aspects of the original proclamation have since expired, or soon will expire, and it is recommended that the City Council extend the proclamation by determining that the need to continue the local emergency continues to exist. RECOMMENDATION: Adopt Resolution No. 20-34 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). FINANCIAL IMPACT: The continuation of the declared local emergency is necessary to ensure access to reimbursement for related costs in response to COVID-19. City staff has submitted a Request for Public Assistance with California Office of Emergency Services (CaIOES) to seek reimbursement for all eligible COVID-19 related expenses. BACKGROUND AND DISCUSSION: The rapid global spread of Novel Coronavirus (COVID-19) has resulted in unprecedented actions by Federal, State, County and local agencies, as well as private individuals and businesses, to help combat the community spread of the virus. On January 30, 2020, the World Health Organization (WHO) declared the outbreak a "public health emergency of international concern" and on March 11, 2020, the WHO elevated the public health emergency to the status of a pandemic. On January 31, 2020, United States Health and Human Services Secretary Alex M. Azar I I declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19. On February 26, 2020, the County of Orange declared a local emergency and a local health emergency. 1481375.1 113 DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D RESOLUTION CONNTINUING LOCAL EMERGENCY May 19, 2020 Page 2 On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California. Since that time, numerous actions have been and continue to be taken at the Federal, State and County levels to implement far reaching measures that include Stay at Home Orders, prohibit gatherings of any size, require closure of a wide range of businesses, schools, colleges, public facilities, cancellation of large community and sporting events, and other limitations all aimed at slowing the community spread of the virus. Conditions continue to change on a daily basis. At the time the City of Tustin declared a local emergency on March 20, 2020, Orange County Public Health Officials reported a cumulative total (as of March 20, 2020) of 64 confirmed cases of COVID-19 County -wide. As of May 12, 2020, the County reported there were a cumulative total of 3,602 confirmed cases, with 62 new cases reported in the County on May 12 alone. In declaring a Statewide State of Emergency, the Governor indicated that, as of March 4, 2020, there were 129 confirmed cases of COVID-19 in the United States, including 53 in California. As of May 12, 2020, there have been over 69,000 confirmed cases and over 2,800 deaths related to COVID-19 in California, and over 1,300,000 cases confirmed with more than 82,000 deaths in the United States. CONFIRMED CASES OF COVID-19 Testing capacity continues to increase as does the number of positive cases and unfortunately deaths related to COVID-19. However, the efforts instituted by the State and local health officials have appeared to flatten the curve to some degree, which translates to lives saved, and helps to ensure sufficient hospital bed capacity for those in need of medical treatment. The Council is being asked to continue the Local State of Emergency (Attachment 1) regarding the COVID-19 pandemic as called for by the California Government Code every 60 days during the existence of the local emergency. The most recent numbers of confirmed 1481375.1 114 Cases as of March 20 (Date of City's Proclamation) Cases as of May 12, 2020 City of Tustin [Not reported] 55 County of Orange 65 3,627 California 1,249 (24 deaths) 69,382 (2,823 deaths) United States 19,762 (273 deaths) 1,386,762 (82,774 deaths) Worldwide 244,735 (10,024 deaths) 4,238,703 (290,269 deaths) Testing capacity continues to increase as does the number of positive cases and unfortunately deaths related to COVID-19. However, the efforts instituted by the State and local health officials have appeared to flatten the curve to some degree, which translates to lives saved, and helps to ensure sufficient hospital bed capacity for those in need of medical treatment. The Council is being asked to continue the Local State of Emergency (Attachment 1) regarding the COVID-19 pandemic as called for by the California Government Code every 60 days during the existence of the local emergency. The most recent numbers of confirmed 1481375.1 114 DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D RESOLUTION CONNTINUING LOCAL EMERGENCY May 19, 2020 Page 3 cases and deaths related to COVID-19 will be provided at the meeting for inclusion in the Resolution. The City has taken extraordinary actions and precautions to help protect residents, businesses and our workforce from community spread of COVID-19. While significant closures are in effect, the City has transitioned to online service delivery to better serve the public. However, the following remain in force through at least May 15, 2020, and are expected to be further extended with guidance and direction from State and County Public Health Officials: • City Hall and the Senior Center are closed to the public. City services are available via appointment and can be conducted electronically or by phone; • City playgrounds, basketball courts and picnic shelters remained closed to the public, but the parks generally have been reopened recently for activities consistent with physical distancing requirements; • Community events in the immediate future have been cancelled or postponed. Staff is exploring ways to temporarily convert the Chili Cookoff into an online event, and exploring whether the Fourth of July Fireworks can be conducted in a manner consistent with State and County orders; • Recreation programs and contract classes have been cancelled or postponed for the foreseeable future, except those that can be conducted online; • A majority of City Staff continue to work remotely. The City continues to encourage our residents and businesses to adhere to the most recent guidance and health orders issued by our Federal, State and County agencies to help prevent and slow community spread of COVID-19. The City is continuing its planning efforts for the eventual lifting or relaxing of the Stay at Home Order at the State and County levels and will implement operational procedures to be compliant with Public Health Orders. THE EFFECT OF RESOLUTION 20-34 ON EXISTING MEASURES: The current pandemic and the State and County orders issued for the protection of public health are likely to continue to carry with them significant economic burdens on Tustin residents and businesses. The attached Resolution 20-34 includes several measures intended to continue to reduce economic impacts on the public including: (1) Suspending Late Payments for Water Service: The March 20, 2020 Proclamation suspended penalties for the late payment of City water service charges for a period of 1481375.1 115 DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D RESOLUTION CONNTINUING LOCAL EMERGENCY May 19, 2020 Page 4 90 days, or until the City Council terminates the local emergency, whichever occurs first. • Resolution 20-34 will extend the suspension of the penalties until August 18, 2020, or until the City Council terminates the local emergency, whichever occurs first. (2) Suspending Business License Taxes: The March 20 Proclamation suspended the City's Business License program, and the collection of business license taxes, for a period of 90 days, or until the City Council terminates the local emergency, whichever occurs first, and waived any City requirement to demonstrate compliance with the Business License program during that same period. • Resolution 20-34 will extend the suspension of the Business License Program until August 18, 2020, or until the City Council terminates the local emergency, whichever occurs first, and continue to waive any City requirement to demonstrate compliance with the Business License program during that same period. (3) Suspends Street Sweeping Tickets: The March 20 Proclamation suspended the issuance of street sweeping tickets through the end of March, 2020, and waived enforcement of any street sweeping ticket dated between March 15, 2020 and March 31, 2020. • Resolution 20-34 will extend the suspension of street sweeping tickets the Business License Program until August 18, 2020, or until the City Council terminates the local emergency, whichever occurs first, and will waive enforcement of any street sweeping ticket that was issued between March 15, 2020 and May 19, 2020. (4) Suspends Business Permit Renewals for Massage Businesses. Existing massage business permit holders are currently required to renew their massage business permits by July 1St • Resolution 20-34 will extend the deadline to obtain renewals of their City -issued licenses to August 18, 2020. For the reasons outlined above, City staff recommends that the City Council adopt Resolution 20-34 in light of the continuing COVID-19 pandemic. ATTACHMENT: Resolution 20-34 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (Covid-19) 1481375.1 116 DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D RESOLUTION NO. 20-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, the Emergency Services Act (Government Code sections 8550 et seq.), and in particular California Government Code sections 8630, et seq. thereof, and Chapter 2 of Article 5 of the Tustin City Code, empower the City Manager, as the Director of Emergency Services, and the City Council to declare the existence or threatened existence of a local emergency when conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and WHEREAS, COVID-19 has spread globally to over 117 countries, infecting more than 4,238,000 persons and killing more than 290,000 individuals worldwide. As of May 12, 2020, there were 3,627 confirmed cases, including increases in community transmission, in Orange County, 55 in the City of Tustin, and 80 deaths in the County related to COVID-19; and WHEREAS, as of the date of this Resolution, no vaccine has been developed to for the virus that causes COVID-19; and WHEREAS, due to the continuing widespread, sustained and uncontrolled community transmission of COVID-19 and warnings issued by the Centers for Disease Control and Prevention ("CDC"), the escalation of domestic cases of, and deaths from, COVID-19, and the identification of COVID-19 cases in Tustin and surrounding communities, including Orange County and Los Angeles County, COVID-19 has created conditions that are likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat; and WHEREAS, on January 30, 2020, the World Health Organization (WHO) 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. On February 26, 2020, the County of Orange declared a local emergency and a local health emergency. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California. On March 11, 2020, the WHO elevated the public health emergency to the status of a pandemic. And on March 13, 2020, the President of the United States declared a National Emergency due to the continue spread and the effects of COVID-19; and 1488741.1 117 DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D Resolution No. 20-34 WHEREAS, the County, State and Federal declarations of emergencies related to COVID-19 remain in effect and have not been terminated; and WHEREAS, on March 12, 2020 Governor Newsom issued Executive Order N-25- 20 in a further effort to confront and contain COVID-19 that among other things, required residents of California to follow orders and guidance of local public health officials, including following social distancing requirements and suspended certain provisions of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20 mandating that residents stay at home while carving out exceptions for workers in specified federal critical infrastructure sectors; and WHEREAS, the State of California and numerous other public and private organizations have announced the cancellation or postponement of all events where social distancing cannot be reasonably achieved; and WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to COVID-19; and WHEREAS, the Director of Emergency Services proclaimed the existence of a local emergency related to the COVID-19 pandemic on March 20, 2020, and the City Council ratified the Proclamation on that same date; and WHEREAS, the Tustin City Council must review the local emergency at least once every 60 days to determine the need for continuing the local emergency until it is terminated by the Tustin City Council. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by Government Code section 8630 and section 5205 of the Tustin City Code, the City Council proclaims that, as defined in Government Code section 8558 and Section 5201 of the Tustin City Code, a "local emergency" continues to exist throughout the City of Tustin, which proclamation is based on the following findings by the City Council: 1488741.1 1. That the above recitals are true and correct and based thereon, the Council hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health and safety, and constitutes conditions of extreme peril to the safety of persons and property within the City of Tustin; 2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Tustin; and 118 DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D Resolution No. 20-34 3. That the conditions of extreme peril warrant and necessitate the extension of the proclamation of the existence of a local emergency. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the threatened existence and actual existence of the local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by State law, by ordinances and resolutions of the City and approved by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED the area of the City of Tustin which is endangered/imperiled is the entire City. IT IS FURTHER PROCLAIMED AND ORDERED during the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City, including but not limited to the City's Emergency Plan. IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are paid in a timely manner, the City Manager and the City Treasurer or their designees are authorized and directed to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made. IT IS FURTHER PROCLAIMED AND ORDERED that the City Council will utilize, to the extent reasonably feasible and appropriate, the ability to conduct its council meetings via teleconferencing and other electronic means to permit council members and members of the public to implement recommended social distancing while still proceeding with the efficient handling of the City's business, in compliance with California Executive Orders N-25-20 and N-33-20, and such other orders issued by the Governor of the State of California and President of the United States. IT IS FURTHER PROCLAIMED AND ORDERED THAT Section 5 (mandating compliance with the recommendations of public health officials), Section 6 (regarding suspension of penalties for late payment of City water service charges), and Section 7 (regarding suspension of collection of business license taxes) of the March 20, 2020 Proclamation of Local Emergency remain in effect, and the provisions of Sections 6 and 7 are extended to and including August 18, 2020, or until the City Council terminates the local emergency, whichever occurs first. IT IS FURTHER PROCLAIMED AND ORDERED THAT the issuance of street sweeping tickets in the City of Tustin are suspended through the end of August 18, 2020, and enforcement of any street sweeping ticket in Tustin dated between and including March 15, 2020 through May 19, 2020, is waived. 1488741.1 a DocuSign Envelope ID: D10F3CFA-DA04-4C49-B181-OAA6143AEC8D Resolution No. 20-34 IT IS FURTHER PROCLAIMED AND ORDERED THAT the deadline for existing massage business permit holders to obtain renewals of their City -issued licenses is extended to and including August 18, 2020. IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State law that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Tustin; that the Governor waive regulations that may hinder response and recovery efforts; that response and recovery assistance be made available under the California Disaster Assistance Act and the Stafford Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. IT IS FURTHER PROCLAIMED AND ORDERED that the proclamation of a local emergency shall be reviewed at least once every 60 days until it is terminated by the City Council of the City of Tustin, State of California. PASSED, APPROVED AND ADOPTED this 19th day of May, 2020. ATTEST: ERICA YASUDA, CITY CLERK APPROVED AS TO FORM: DAVID KENDIG, CITY ATTORNEY 1488741.1 DR. ALLAN BERNSTEIN, MAYOR 120