HomeMy WebLinkAbout10 EXTENDING DECLARATION OF LOCAL EMERGENCYDocuSign Envelope ID: 1C9A57ED-E503-4BE9-A039-5CA5DED3CAE3
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Agenda Item 10
AGENDA REPORT Reviewed: -M 5W
City Manager
Finance Director N/A
JULY 7, 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).
Consider adoption of Resolution 20-49 determining that there is a need to continue the
local emergency relating to COVID-19 in accordance with Government Code Section 8630.
RECOMMENDATION:
Adopt Resolution No. 20-49 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:
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).
The California Government Code calls for cities and counties to determine whether the
need exists to continue a declared local emergency every sixty (60) days. Because of that,
on May 19, 2020, the Tustin City Council adopted Resolution 20-34 determining that the
need existed to continue the local emergency regarding the COVID-19.
The COVID-19 emergency situation continues in Tustin, throughout California, across the
United States and globally, and the 60 -day deadline to renew the local emergency again is
approaching on July 18.
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RESOLUTION CONTINUING LOCAL EMERGENCY REGARDING COVID-19
July 7, 2020
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For future reference, if Resolution No. 20-49 Determining the Need to Continue the Local
Emergency Regarding Novel Coronavirus, is adopted, the next 60 -day renewal deadline
would be September 5, 2020.
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.
On March 4, 2020, 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 a live press conference on July 1, 2020, Governor Newsom ordered the re -closure of
Orange County bars, dine -in restaurants and various other business sectors to slow
community transmission of COVID-19 for a minimum of three weeks. The Governor and the
State Department of Public health also recommended that counties with mandatory closures
(such as Orange County) cancel fireworks shows this weekend.
As a result, in order to adhere to the State and County orders for the protection of public
health, the City of Tustin cancelled the live -stream fireworks component of its 2020 July 4th
celebration. The fireworks display had been planned to launch from Tustin High School for
residents to view from their homes or via a live -stream video.
The California Department of Public Health, Office of Public Affairs News Release regarding
the Governor's July 1 actions is attached.
When the City of Tustin proclaimed 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 the writing of this Agenda Report on July 2, 2020, the
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RESOLUTION CONTINUING LOCAL EMERGENCY REGARDING COVID-19
July 7, 2020
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number of confirmed cases in Orange County is 15,065, with 652 new cases reported on
July 2nd alone.
CONFIRMED CASES OF COVID-19
Testing capacity continues to increase as does the number of positive cases and
unfortunately deaths related to COVID-19.
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 and by -appointment service delivery
to better serve the public under these challenging circumstances.
Additionally, the City has established the Tustin $3 Million CARES program to provide
temporary emergency aid to the community resulting from the economic impact associated
with the COVID-19 outbreak. Current initiatives of the Tustin CARES program include:
• Small Business Grants
• Facilitation of Guidelines for Temporary Outdoor Dining, Retail and Assembly Uses
• Rental and Housing/Utility Assistance (homeless prevention)
• Meal Assistance/Distribution
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 EFFECT OF RESOLUTION 20-49 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
Cases as of March 20
(Date of City's First
Cases as of May 12, 2020
Cases as of July 2, 2020
Proclamation)
City of Tustin
[Not reported]
55
309
(6 deaths)
County of Orange
65
3,627
15,065
(354 deaths)
California
1,249
69,382
240,195
(24 deaths)
(2,823 deaths)
(6,163 deaths)
United States
19,762
1,386,762
2,724,640
(273 deaths)
(82,774 deaths)
(128,574 deaths)
Worldwide
244,735
4,238,703
10,780,980
(10,024 deaths)
(290,269 deaths)
(518,121 deaths)
Testing capacity continues to increase as does the number of positive cases and
unfortunately deaths related to COVID-19.
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 and by -appointment service delivery
to better serve the public under these challenging circumstances.
Additionally, the City has established the Tustin $3 Million CARES program to provide
temporary emergency aid to the community resulting from the economic impact associated
with the COVID-19 outbreak. Current initiatives of the Tustin CARES program include:
• Small Business Grants
• Facilitation of Guidelines for Temporary Outdoor Dining, Retail and Assembly Uses
• Rental and Housing/Utility Assistance (homeless prevention)
• Meal Assistance/Distribution
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 EFFECT OF RESOLUTION 20-49 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
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RESOLUTION CONTINUING LOCAL EMERGENCY REGARDING COVID-19
July 7, 2020
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residents and businesses. The attached Resolution 20-49 includes several measures
intended to continue to reduce economic impacts on the public including:
(1) Suspending Late Payments for Water Service: Resolution 20-34 extended the
suspension of the penalties through August 18, 2020.
• Resolution 20-49 would extend the suspension of the penalties until 45 -days
after the City Council terminates the local emergency.
(2) Suspending Business License Taxes: Resolution 20-34 extended the suspension of
the Business License Program through August 18, 2020, or until the City Council
terminates the local emergency, whichever occurs first, and continued to waive any
City requirement to demonstrate compliance with the Business License program
during that same period.
• Resolution 20-49 would extend the suspension of the Business License
Program until 45 -days after the City Council terminates the local emergency
and continue to waive any City requirement to demonstrate compliance with
the Business License program during that same period.
(3) Suspending Street Sweeping Tickets: Resolution 20-34 suspended the issuance of
street sweeping tickets through August 18, 2020, and waived enforcement of any
street sweeping ticket dated between March 15, 2020 and May 19, 2020.
• Resolution 20-49 would waive enforcement of any street sweeping ticket issued
between March 15, 2020 and termination of the local emergency and also
extend the suspension of street sweeping tickets until 45 -days after the City
Council terminates the local emergency.
(4) Suspends Business Permit Renewals for Massage Businesses. The deadline for
existing massage business permit holders to obtain renewals was extended by
Resolution 20-34 to August 18, 2020.
• Resolution 20-49 would extend the deadline to obtain renewals of their City -
issued licenses until 45 -days after the City Council terminates the local
emergency.
For the reasons outlined above, City staff recommends that the City Council adopt Resolution
20-49 in light of the continuing COVID-19 pandemic.
ATTACHMENT:
• Resolution 20-49 Determining the Need to Continue the Local Emergency
Regarding Novel Coronavirus (Covid-19)
• California Department of Public Health, Office of Public Affairs News Release
regarding the Governor's July 1 actions
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RESOLUTION NO. 20-49
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, infecting more than 10,780,000
persons and killing more than 518,000 individuals worldwide. Over 2.7 million Americans
have been infected with the virus, and it has caused the deaths of over 128,000
individuals in the United States. As of July 2, 2020, there have been 15,065 confirmed
cases, including increases in community transmission, in Orange County, 309 in the City
of Tustin, and 354 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, 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
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Resolution No. 20-49
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, since March 19, 2020, the Governor and the California Department of
Health Services have issued many other orders and recommendations in an effort to
contain the spread of the virus, and in some cases to enable some businesses to reopen
in a manner protective against the pandemic;
WHEREAS, notwithstanding the orders and measures, the virus continues to
spread, and the rate at which it has spread has increased in recent weeks;
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, Tustin's 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;
WHEREAS, the City Council previously reviewed the local emergency on May 19,
2020 and adopted Resolution 20-34 determining the need existed to continue the local
emergency until it is terminated by the City Council;
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Resolution No. 20-49
WHEREAS, the City Council has again reviewed the local emergency on this date
to determine whether the need exists to continue the local emergency until it is terminated
by the 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:
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
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
continue to 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
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Resolution No. 20-49
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) of the March 20, 2020
Proclamation of Local Emergency remains in effect until the date of termination of the
COVID-19 local emergency.
IT IS FURTHER PROCLAIMED AND ORDERED THAT Section 6 (regarding
suspension of penalties for late payment of City water service charges) of the March 20,
2020 Proclamation of Local Emergency remains in effect and is extended until 45 -days
after the City Council terminates the COVID-19 local emergency.
IT IS FURTHER PROCLAIMED AND ORDERED THAT Section 7 (regarding
suspension of collection of business license taxes) of the March 20, 2020 Proclamation
of Local Emergency remains in effect and is extended until 45 -days after the City Council
terminates the COVID-19 local emergency.
IT IS FURTHER PROCLAIMED AND ORDERED THAT the issuance of street
sweeping tickets in the City of Tustin is suspended until 45 -days after the City Council
terminates the COVID-19 local emergency.
IT IS FURTHER PROCLAIMED AND ORDERED THAT enforcement of any street
sweeping ticket in Tustin dated between March 15, 2020 and the date of termination of
the COVID-19 local emergency, is waived.
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 until 45 -days after the City Council terminates the COVID-19 local emergency.
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.
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Resolution No. 20-49
IT IS FURTHER PROCLAIMED AND ORDERED that this Resolution supersedes
any inconsistent provision in Resolution 20-34.
PASSED, APPROVED AND ADOPTED this 7t" day of July, 2020.
DR. ALLAN BERNSTEIN, MAYOR
ATTEST:
ERICA YASUDA, CITY CLERK
APPROVED AS TO FORM:
DAVID KENDIG, CITY ATTORNEY
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OFFICE OF PUBLIC AFFAIRS
Governor Newsom Orders Additional
Action to Slow Community Transmission
Date: July 1, 2020
Number: NR20-143
Contact: CDPHpress@cdph.ca.gov
Counties on Monitoring List for3 Days or More Must
Prohibit Indoor Operations in Certain Sectors for a
Minimum of Weeks
Businesses May Modify Operations to Provide Outdoor
Services or Pick-up
SACRAMENTO - Governor Gavin Newsom and the
California Department of Public Health today released
guidance directing counties that have been on
the County Monitoring List for three consecutive days
or more to close indoor operations for certain sectors
which promote the mixing of populations beyond
households and make adherence to physical
distancing and wearing face coverings difficult. The
guidance applies for a minimum of three weeks and is
subject to an extension based on epidemiologic
indicators. These sectors may modify operations to
provide services outside or by pick-up. In addition, all
brewpubs, breweries, bars, and pubs in these counties
must close immediately, both indoor and outdoor.
Today's guidance applies to the following sectors:
• Indoor Dine -in restaurants
• Indoor Wineries and Tasting Rooms
• Indoor Family Entertainment Centers
• Indoor Movie Theaters
• Indoor Zoos and Museums
• Indoor Cardrooms
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"California is seeing the virus spreading at alarming
rates in many parts of the state, and we are taking
immediate action to slow the spread of the virus in
those areas," said Governor Newsom. "We bent the
curve in the state of California once, and we will bend
the curve again. But we're going to have to be tougher,
and that's why we are taking this action today."
Community spread of COVID-19 continues to be a
concern across the state, and in particular for counties
on the County Monitoring List. This puts vulnerable
populations, including older Californians and those
who have chronic conditions or compromised immune
systems, at higher risk of becoming seriously ill due to
the virus.
"Today's action is necessary to help slow the spread of
this virus," said Dr. Sonia Angell, State Public Health
Officer and Director of the California Department of
Public Health. "We put ourselves and our community
at greatest risk for COVI D 19 when we mix with people
who don't live with us. And if you go out, wear a face
covering, keep your distance, wash your hands
frequently and limit unnecessary indoor activities that
increase the risk of exposure."
Today's order applies to counties that have been on the
County Monitoring List for three or more consecutive
days. Combined these 19 counties represent
approximately 72% of California's population.
Impacted Counties as of July 1, 2020
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• Contra Costa • Sacramento
• Fresno • San Bernardino
• Glenn • San Joaquin
• Imperial • Santa Barbara
• Kern • Santa Clara
• Kings • Solano
• Los Angeles • Stanislaus
• Merced • Tulare
• Orange • Ventura
• Riverside
Sectors included in today's guidance are all high risk of
transmission due to a number of features of the
businesses and the behaviors that occur within them.
These sectors, foundationally, are settings where
groups convene and may mix with others for prolonged
periods of time often without a face covering.
Additionally, physical movement within the
establishment, duration of time spent in the
establishment, and the degree of social mixing among
individuals and groups outside one's household are all
significant in these sectors, which substantially
elevates the risk of transmission even where face
coverings can be worn. Furthermore, in some of these
sectors centered on eating and drinking, compliance
with face coverings is not possible for the full duration
of time someone spends in these establishments.
California will continue to update and issue guidance
based on the best available public health data and the
best practices currently employed. All industry or
sector guidance documents that have been issued to
date, including all infectious control measures outlined
in those guidance documents, apply in outdoor
settings, and thus must be adhered to.
Finally, as we approach the 4th of July holiday
weekend, California is recommending that counties
with mandatory closures cancel firework shows, and is
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DocuSign Envelope ID: 1 C9A57ED-E503-4BE9-A039-5CA5DED3CAE3 --ss Additional Action to Slow Community Transmission
reminding all Californians that they should not gather
with people they do not live with and avoid crowds.
Additionally, all parking facilities at state beaches in
Southern California and the Bay Area will be closed for
the upcoming weekend. In counties that close local
beaches, the State will follow suit and close state
beaches. Other state parks will remain open, with
measures in place to reduce visitation and limit
overcrowding.
More information about the state's COVID-19 guidance
is on the California Department of Public Health's
Guidance web page.
More information about reopening California and what
individuals can do to prevent the spread of COVID-
19, visit Coronavirus (COVID-19) in California.
Page Last Updated : July 1, 2020
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