HomeMy WebLinkAbout12 RES DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RE: COVID-19 DocuSign Envelope ID: E3418FB5-89F5-4821-9634-69295EF42613
AGENDA REPORT Agenda Item 12
D
Reviewed:
?' 5W
City Manager
Finance Director N/A
MEETING DATE: SEPTEMBER 1, 2020
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MATTHEW S. WEST, CITY MANAGER
SUBJECT: RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19).
SUMMARY:
Consider adoption of Resolution 20-59 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. 20-59 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 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, and on July 7, 2020,
the Council adopted Resolution 20-49 further extending the local emergency.
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 September 5, 2020.
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RESOLUTION CONTINUING LOCAL EMERGENCY REGARDING COVID-19
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For future reference, if Resolution No. 20-59 Determining the Need to Continue the Local
Emergency Regarding Novel Coronavirus, is adopted, the next 60-day renewal deadline
would fall on October 31, 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. Those emergency declarations remain in effect at this 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
regular basis.
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 August 27, 2020,
the number of confirmed cases in Orange County is 47,459, with 369 new cases reported on
August 27.
CONFIRMED CASES OF COVID-19
Cases as of March Cases as of Cases as of Cases as of
20 (Date of City's May 12, 2020 July 2, 2020 August 27, 2020
First Proclamation)
City of Tustin [Not reported] 55 309 1,126 cases
County of 15,065 47,459
Orange 65 3,627 (354 deaths) (947 deaths)
California 1,249 69,382 240,195 683,529
(24 deaths) (2,823 deaths) (6,163 deaths) (12,550 deaths)
United States 19,762 1,386,762 2,724,640 Over 6 million
(273 deaths) (82,774 deaths) (128,574 deaths) (Over 184,000 deaths)
Worldwide 244,735 4,238,703 10,780,980 Over 24 million
(10,024 deaths) (290,269 deaths) (518,121 deaths) (Over 833,000 deaths)
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RESOLUTION CONTINUING LOCAL EMERGENCY REGARDING COVID-19
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Testing capacity continues to increase as does the number of positive cases and
unfortunately deaths related to COVID-19, though the rate at which positive cases detected
in Orange County has declined recently, and the death rate related to COVID-19 has
fluctuated.
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 now provides more of its services online and provides in-
person service by appointment 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 and Home Business Grants
• Facilitation of Guidelines for Temporary Outdoor Dining, Retail and Assembly Uses and
Grants for Outdoor Expansion
• 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 20-59 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 proposed Resolution 20-59 contains measures intended to
to reduce economic impacts on the public, and modifies others due to changing
circumstances as follows:
(1) Suspending Late Payments for Water Service: Resolution 20-49 extended the
suspension of penalties for late payments for water service until 45 days after the City
Council terminates the local emergency. Resolution 20-59 would continue to suspend
those penalties without change.
(2) Business License Taxes: Resolution 20-49 extended the suspension of the Business
License Program until 45-days after the City Council terminates the local emergency
and continued to waive any City requirement to demonstrate compliance with the
Business License program during that same period. The City continues to receive
requests for business licenses for a variety of business purposes. Also, the City
recently adopted sidewalk vendor regulations that require the vendors to have a valid
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City business license. In addition, the City maintains an annual business license
renewal schedule with businesses renewing their licenses on a calendar year basis.
In order to maintain that practice and to ensure that all businesses have valid business
licenses in the next calendar year, staff recommends that the business license
program resume in advance of next calendar year so that staff will have time to
process new and renewal business licenses before existing licenses expire at year
end. As a result, proposed Resolution 20-59 would modify the suspension of the
Business License program as follows:
• The City's Business License program would continue to be suspended through
October 31, 2020. Likewise, any requirement to demonstrate compliance with that
program would be suspended through October 31, 2020.
• Beginning on November 1, 2020 the Business License program, and any City
requirements to demonstrate compliance with that program, would resume. Any
business that already has a valid 2020 City business license would have until
January 1, 2021 to renew that license.
(3) Street Sweeping Tickets: Resolution 20-49 waived enforcement of any street
sweeping ticket issued between March 15, 2020 and termination of the local
emergency and extended the suspension of street sweeping tickets until 45-days after
the City Council terminates the local emergency. As winter with its rainy season
approaches, the need to sweep streets more effectively to ensure compliance with
urban runoff requirements will increase. As a result, staff recommends that the City's
ability to ensure effective street sweeping be reinstated in advance of the rainy
season. As a result, proposed Resolution 20-59 would modify the suspension of street
sweeping tickets as follows:
• The issuance of street sweeping tickets, and enforcement of such tickets,
would be suspended through September 30, 2020.
• Issuance and enforcement of tickets for violations of street sweeping laws
would resume on October 1, 2020.
(4) Business Permit Renewals for Massage Businesses. Resolution 20-49 extended the
deadline to obtain renewals of Massage Business permits until 45-days after the City
Council terminates the local emergency. Proposed Resolution 20-59 would modify the
extension of the deadline to renew Massage Business permits as follows:
• The suspension of the requirement for a new Massage Establishment to obtain
a Massage Business Permit would be extended through September 30, 2020.
• Beginning October 1, 2020, all new and existing Massage Establishments will
be required to have a valid Massage Business Permit to commence or continue
operating in Tustin.
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For the reasons outlined above, City staff recommends that the City Council adopt Resolution
20-59 in light of the continuing COVID-19 pandemic.
ATTACHMENT:
1. Resolution 20-59 Determining the Need to Continue the Local Emergency
Regarding Novel Coronavirus (Covid-19)
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RESOLUTION NO. 20-59
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 24,000,000
persons and killing more than 833,000 individuals worldwide. Over 6 million Americans
have been infected with the virus, and although 3.2 million have recovered, COVID-19
has caused the deaths of over 184,000 individuals in the United States. As of August 27,
2020, there have been 47,459confirmed cases in Orange County, 1,126 cases in the City
of Tustin, and 947 deaths in the County related to COVID-19; and
WHEREAS, as of the date of this Resolution, although several potential vaccines
are in various stages of testing throughout the world, no vaccine against the virus that
causes COVID-19 has been approved for public use; 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 continue to be 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,
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Resolution No. 20-59
2020, the President of the United States declared a National Emergency due to the
continue spread and the effects of COVID-19; and
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 throughout the region, the nation and internationally;
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 many schools are convening their
Fall classes remotely via video conferences to reduce exposures to the disease; 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 16, 2020, and updated
the proclamation on March 20, 2020, and the City Council ratified the updated
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 [
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Resolution No. 20-59
continue the local emergency until it is terminated by the City Council;
WHEREAS, the City Council again reviewed the local emergency on July 7, 2020
and adopted Resolution 20-49 determining the need existed to continue the local
emergency until it is terminated by the City Council. (For ease of reference, the March
16, 2020 Proclamation of the existence of a local emergency, as updated on March 20,
2020, the City Council's ratification of that Proclamation, Resolution 20-34 and Resolution
20-49 are referred to collectively herein as the "Prior Actions Proclaiming and Extending
the Local Emergency"); and
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, and to determine whether prior emergency measures adopted by the
City are in need of updating;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN
RESOLVES that, as authorized by Government Code section 8630 and section 5205 of
the Tustin City Code, the City Council proclaims that a "local emergency" as defined in
Government Code section 8558 and Section 5201 of the Tustin City Code continues to
exist throughout the City of Tustin, which proclamation is based on the following findings
by the City Council:
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
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 RESOLVED AND ORDERED that:
A. 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; and
B. The area of the City of Tustin which is endangered/imperiled is the entire
City; and
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Resolution No. 20-59
C. 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; and
D. 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; and
E. 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 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; and
F. 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 the City Council terminates the COVID-19
local emergency; and
G. Penalties for the late payment of City water service charges are, and shall
remain, suspended for the period from March 20, 2020 until 45-days after
the City Council terminates the COVID-19 local emergency; and
H. The issuance of street sweeping tickets in the City of Tustin is suspended
through and including September 30, 2020. Enforcement of any street
sweeping ticket in Tustin dated between March 15, 2020 and September
30, 2020 is waived. Issuance and enforcement of tickets for violations of
street sweeping laws will resume effective October 1, 2020; and
I. 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 is, and shall
continue to be, suspended during the period between (and including) March
20, 2020 and October 31, 2020; and
J. Any City requirement to demonstrate compliance with the Business License
program is, and shall continue to be, waived for the period between March
20, 2020 through and including October 31, 2020; and
K. Commencing on November 1, 2020 and continuing thereafter, the
requirements of the Business License program, and enforcement thereof,
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Resolution No. 20-59
and the collection of business license taxes, and any City requirements to
demonstrate compliance with the Business License program, shall resume
and be enforceable in accordance with the Tustin City Code; and
L. On or before October 1, 2020, existing Massage Establishments that
currently have a valid Massage Business Permit will be required to renew
their Massage Business Permit.
M. The deadline for each new Massage Establishment to obtain its City-issued
Massage Business Permit is extended through and including September
30, 2020. On or after October 1, 2020, each operating or new Massage
Establishment that does not yet have a valid Massage Business Permit will
be required to have a valid Massage Business Permit to commence or
continue operating; and
N. Effective October 1, 2020, all requirements of the Massage Business
License program, including but not limited the requirement to have a valid
Massage Business License permit to operate in the City, shall resume and
be enforceable in accordance with the Tustin City Code; and
O. 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; and
P. 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; and
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Resolution No. 20-59
Q. This Resolution supersedes any inconsistent provision(s) in the Prior
Actions Proclaiming and Extending the Local Emergency.
PASSED, APPROVED AND ADOPTED this 1St day of September, 2020.
DR. ALLAN BERNSTEIN, MAYOR
ATTEST:
ERICA YASUDA, CITY CLERK
APPROVED AS TO FORM:
DAVID KENDIG, CITY ATTORNEY