HomeMy WebLinkAboutPROCLAMATION OF LOCAL EMERGENCY - 3.20.2020PROCLAMATION OF LOCAL EMERGENCY
UPDATED MARCH 20, 2020
A PROCLAMATION OF THE CITY MANAGER OF THE CITY
OF TUSTIN, CALIFORNIA, ACTING AS THE DIRECTOR OF
EMERGENCY SERVICES, DECLARING THE EXISTENCE
OF A LOCAL EMERGENCY.
WHEREAS, Tustin Municipal Code Sections 5204 and 5205 empower the City
Manager, as the Director of Emergency Services, to declare the existence or threatened
existence of a local emergency; and
WHEREAS, California Government Code Section 8550 et seq., including Section
8558(c), authorizes the City Manager to proclaim a local emergency when the City is
threatened by conditions of disaster or extreme peril to the safety of persons and property
within the City that are likely to be beyond the control of the services, personnel,
equipment, and facilities of the City; and
WHEREAS; a novel coronavirus, COVID-19, causes infectious disease and was
first detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of
COVID-19 include fever, cough, and shortness of breath. Outcomes have ranged from
mild to severe illness, and, in some cases, death. The Center for Disease Control and
Prevention (CDC) has indicated the virus is a tremendous public health threat; and
WHEREAS, Chinese health officials have reported tens of thousands of cases of
COVID-19 in China, with the virus spreading from person-to-person. COVID-19 illnesses
are being reported in countries around the globe, with over 237,400 cases worldwide,
including 12,392 cases in the United States, as of March 19, 2020; and
WHEREAS, 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 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; and
WHEREAS, as of March 20, 2020, the WHO reported 237,400 confirmed cases of
COVID-19, 9,921 of which resulted in death, spread over more than 150 countries; and
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WHEREAS, in declaring a 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, and more than 9,400 Californians across 49 counties in home
monitoring based on possible travel -based exposure to the virus, with officials expecting
the number of cases in California, the United States, and worldwide to increase; and
WHEREAS, the Governor and the California Department of Health on March 11,
2020, Issued a statement entitled "California Public Health Experts: Mass Gatherings
Should be Postponed or Canceled Statewide to Slow the Spread of COVID-19,"
determining that gatherings should be postponed or canceled across the state until at
least the end of March. Non-essential gatherings must be limited to no more than 2.50
people, while smaller events can proceed only if the organizers can implement social
distancing of 6 feet per person. Gatherings of individuals who are at higher risk for severe
illness from COVID-19 should be limited to no more than 10 people, while also following
social distancing guidelines. Furthermore, essential gatherings should only be conducted
if the essential activity could not be postponed or achieved without gathering, meaning
that some other means of communication could not be used to conduct the essential
function; and
WHEREAS, the Governor on March 12, 2020 issued Executive Order N-25-20,
ordering, inter alia, that all residents are to heed the orders and guidance of state and
local public health officials; and
WHEREAS, on March 13, 2020, the President of the United States declared a
.national emergency in the face of a growing public health and economic crisis due to the
COVID-19 global pandemic; and
WHEREAS, on March 15, 2020, the Governor called for the home isolation of
anyone 65 years of age or older, and those with chronic conditions. He also called for
the closures of bars, nightclubs, brewpubs and wineries to help prevent the spread of
COVID-19; and
WHEREAS, as of March 19, 2020 at 5:00 p.m., the Orange County Health Care
Agency reported 53 cases of Coronavirus in the County, including at least 19 "community
acquired" cases, and concluded that "There is now epidemiological evidence of
community transmission in Orange County, indicating that COVID-19 is spreading in the
community"; and
WHEREAS, on March 19, 2020, the California State Public Health Officer and
Director of the California Department of Public Health ordered all individuals living in the
State of California to stay home or at their place of residence, except as needed
to maintain continuity of operation of the federal critical infrastructure sectors, critical
government services, schools, childcare, and construction, including housing
construction.
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WHEREAS, the City of Tustin has the power to impose measures to limit
gatherings and to promote social distancing including, but not limited to, limitations on
public events and gatherings at public meetings; and
WHEREAS, the City of Tustin is a densely populated city within Orange County,
which is the sixth largest county in the United States; and
WHEREAS, conditions of extreme peril to the safety of persons and property have
arisen due to the potential introduction of COVID-19 to the City of Tustin and Orange
County; and
WHEREAS, such conditions are beyond the control of the services, personnel,
equipment, and facilities of the City of Tustin and require the combined forces of other
political subdivisions to combat; and
WHEREAS, it is imperative to prepare for and respond to suspected or confirmed
COVID-19 cases, 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 community, and limits the spread of infection in the
community and within the healthcare delivery system; 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; and
WHEREAS, the COVID-19 pandemic and the orders issued for the protection of
public health are likely to carry with them significant economic burdens on Tustin
residents and businesses while the costs of medical care in response to the pandemic
are likely to rise. The City Council finds that it is appropriate for the City to identify and
adopt measures to help reduce the adverse economic impacts of the pandemic; and
WHEREAS, the City Manager, acting as the Director of Emergency Services, has
the power to declare a local emergency as authorized by California Government Code
Section 8630 and Tustin Municipal Code Sections 5204 and 5205(aX1).
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NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED BY THE
CITY MANAGER OF THE CITY OF TUSTIN AS FOLLOWS:
Section 1. As contemplated in the Emergency Services Act contained in
California Government Code Section 8550 et seq., including Section 8558(c), and
Chapter 2 of Article 5 of the Tustin Municipal Code, a local emergency exists based on
the existence of conditions of disaster or of extreme peril to the safety of persons and
property caused by an epidemic, as detailed in the recitals set forth above.
Section 2. The area of the City of Tustin which is endangered/imperiled is the
entire City.
Section 3. 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.
Section 4. The City Council shall review and ratify this proclamation of the City
Manager within seven days as required by state law, and' if ratified, shall continue to exist
until the City Council proclaims the termination of this local emergency. The City Council
shall review the need for continuing the local emergency as required by state law until it
terminates the local emergency, and shall terminate the local emergency at the earliest
possible date that conditions warrant.
Section 5. The City orders that, within the boundaries of the City, the
recommendations of public health officials shall be deemed mandatory.
Section 6. Penalties for the late payment of City water service charges are
hereby suspended for a period of 90 days commencing for these purposes on March 15,
2020, or until the City Council terminates the local emergency, whichever occurs first.
Section 7. The City's Business License program, and the collection of business
license taxes, pursuant to Chapter 5 of Article 2 of the Tustin City Code are hereby
suspended for a period of 90 days commencing for these purposes on March 15, 2020,
or until the City Council terminates the local emergency, whichever occurs first. Any City
requirement to demonstrate compliance with the Business License program shall be
waived for a period of 90 days commencing for these purposes on March 15, 2020, or
until the City Council terminates the local emergency, whichever occurs first.
Section 8. The issuance of street sweeping tickets in the City of Tustin are
suspended through the end of March, 2020, and enforcement of any street sweeping
ticket dated between and including March 15, 2020 through March 31, 2020, is waived.
Section 9. 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
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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 recovery assistance be made available under the California Disaster
Assistance Act; and that the State expedite access to State and Federal resources and
any other appropriate federal disaster relief programs.
PROCLAIMED this 20th day of March 2020.
MA TH W S. WEST, CITY MANAGER
AND ACTING DIRECTOR OF
EMERGENCY SERVICES
APPROVED AS TO FORM:
DAVID E. KEIVDIG, CITY -'ATTORNEY
ATTEST:
ERICA YASQOA, CITY CLERK
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