HomeMy WebLinkAboutCC RES 20-59 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006
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, 20207
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
Resolution 20-59
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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
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;
Resolution 20-59
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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;
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
167 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.
ouncil: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
Resolution 20-59
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B. The area of the City of Tustin which is endangered/imperiled is the entire
City; and
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
307 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
207 2020 and October 31, 2020; and
Resolution 20-59
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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,
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
307 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
Q. This Resolution supersedes any inconsistent provision(s) in the Prior
Actions Proclaiming and Extending the Local Emergency.
Resolution 20-59
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PASSED, APPROVED AND ADOPTED this 1St day of September, 2020.
5_�4�
DR. ALLAN BERNSTEIN,
Mayor
ATTEST:
`LV'i(& geust4a
ERICA YASUDA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution No. 20-59 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 1St day of September,
2020 by the following vote:
COUNCILMEMBER AYES: Bernstein, Clark, Puckett, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
fV'i(& g6US1J_&
ERICA N. YASUDA,
City Clerk
Resolution 20-59
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