HomeMy WebLinkAbout12 RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY RE COVID-19 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
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Agenda Item 12
f� AGENDA REPORT Reviewed: °S
City Manager
Finance Director N/A
MEETING DATE: December 15, 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 20-80 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. 20-80 Determining the Need to Continue the Local Emergency
Regarding Novel Coronavirus (COVID-19).
FINANCIAL IMPACT:
The continuation of the declared local emergency will help 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. On July 7, 2020,
the Council adopted Resolution 20-49 continuing the local emergency, and on September
1 , 2020, October 20, 2020, and November 17, 2020 the Council adopted Resolutions 20-
59, 20-69 and 20-76 respectively 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 would
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December 15, 2020
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expire on January 16, 2021 . If the January 5, 2021 Council meeting is cancelled, there will
not be another regular meeting of the City Council scheduled before the proclamation of
emergency would expire. (If the attached Resolution 20-80 is approved, the next 60-day
period will expire on February 13, 2021 .)
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 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, Governor Gavin Newsom declared a State of Emergency in
California. Those emergency declarations remain in effect at this time.
Numerous actions have been be taken at the Federal, State and County levels to implement
far reaching measures that include Stay at Home Orders, prohibit gatherings for many
reasons, require closure or significant modifications in the manner of operating 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 December 7,
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2020, the number of confirmed cases in Orange County is 88,842, with 1 ,964 new cases
reported on the day prior.
CONFIRMED CASES OF COVID-19
Cases as of March Cases as of Cases as of Cases as of Cases as of
20 (Date of City's May 12, 2020 July 2, 2020 August 27, 2020 December 7, 2020
First Proclamation)
City of [Not reported] 55 309 1,126 2,150 cases
Tustin
County of 15,065 47,459 88,842 cases
Orange 65 3,627 (354 deaths) (947 deaths) (1,633 deaths)
California 1,249 69,382 240,195 683,529 1,366,435
(24 deaths) (2,823 deaths) (6,163 deaths) (12,550 deaths) (19,935 deaths)
United 19,762 1,386,762 2,724,640 Over million Over 15 million
States (273 deaths) (82,774 deaths) (128,574 (over 184,000 (over 283,000
deaths) deaths) deaths)
244,735 4,238,703 10,780,980 Over 24 million Over 67 million
Worldwide (10,024 deaths) (290,269 (518,121 (over 833,000 (over 1.54 million
deaths) deaths) deaths) deaths)
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 fluctuated, as has the death rate related to COVID-19. In recent weeks
the number of daily cases has grown significantly, and the percentage of available ICU beds
available has declined to unprecedented lows in the Southern California region. On
December 3, 2020, Governor Newsom and the California Department of Health Services
issued increased restrictions on gatherings of more than one household in response to
significant increases in the numbers of new cases throughout the State, and due to recent
trends showing significant declines in the availability of Intensive Care Unit beds and facilities
available;
The City has taken extraordinary actions and precautions to help protect residents,
businesses and our workforce from community spread of COVID-19. While significant
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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
• Non-Profit Grant Assistance
• 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 20-80 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 20-80 continues the previous handling
of measures related to the economic impacts of the pandemic on the public:
(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 20-76 would not change that.
(2) Business License Taxes: Resolution 20-76 makes no changes to the parameters that
were last revised in Resolution 20-59. Resolution 20-59 modified the suspension of
the Business License program as follows:
• The City's Business License program was suspended through October 31, 2020.
Likewise, any requirement to demonstrate compliance with that program was
suspended through October 31 , 2020.
• Beginning on November 1 , 2020 the Business License program, and any City
requirements to demonstrate compliance with that program, resumed. Any
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business that already has a valid 2020 City business license will have until January
1 , 2021 to renew that license.
(3) Street Sweeping Tickets: Resolution 20-59 modified the suspension of street
sweeping tickets as follows, and Resolution 20-76 would make no modifications:
• The issuance of street sweeping tickets, and enforcement of such tickets, was
suspended through September 30, 2020.
• Issuance and enforcement of tickets for violations of street sweeping laws
resumed on October 1 , 2020.
(4) Business Permit Renewals for Massage Businesses. Resolution 20-76 would leave in
place the deadlines to renew Massage Business permits as revised by Resolution 20-
59 as follows:
• Since October 1 , 2020, all new and existing Massage Establishments have
been required to have a valid Massage Business Permit to commence or
continue operating in Tustin.
For the reasons outlined above, City staff recommends that the City Council adopt Resolution
20-80 in light of the continuing COVID-19 pandemic.
ATTACHMENT:
1 . Resolution 20-80 Determining the Need to Continue the Local Emergency
Regarding Novel Coronavirus (Covid-19)
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
RESOLUTION NO. 20-80
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 67,000,000
persons and killing more than 1 .54 million individuals worldwide. Over 15 million
Americans have been infected with the virus, and COVID-19 has caused the deaths of
over 283,000 individuals in the United States. As of December 7, 2020, there have been
88,842 confirmed cases in Orange County, 2,150 cases in the City of Tustin, and 1 ,633
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, and more than one appears
promising, no vaccine against the virus that causes COVID-19 has been approved for
public use in the United States; 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
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Resolution No. 20-80
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, on December 3, 2020, Governor Newsom and the California
Department of Health Services issued increased restrictions on gatherings of more than
one household in response to significant increases in the numbers of new cases
throughout the State, and due to recent trends showing significant declines in the
availability of Intensive Care Unit beds and facilities available;
WHEREAS, notwithstanding the orders and measures, the virus continues to
spread throughout the world, the nation, and the Southern California region.
WHEREAS, the State of California and numerous other public and private
organizations have announced the cancellation or postponement of most events where
physical distancing cannot be reasonably achieved, and many schools have convened
their Fall classes remotely via video conferences, or on a modified basis, to reduce spread
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
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Resolution No. 20-80
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 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.
WHEREAS, the City Council again reviewed the local emergency on September
1 , 2020 and adopted Resolution 20-59 determining the need existed to continue the local
emergency until it is terminated by the City Council; and
WHEREAS, the City Council again reviewed the local emergency on October 20,
2020 and adopted Resolution 20-69 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 November
17, 2020 and adopted Resolution 20-76 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, Resolution
20-49, Resolution 20-59, Resolution 20-69 and Resolution 20-76 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
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Resolution No. 20-80
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
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 physical 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. The orders and directives set forth in the Prior Actions Proclaiming and
Extending the Local Emergency, as most recently amended in Resolution
20-59, are and shall remain in effect.
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Resolution No. 20-80
G. 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
H. 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
I. This Resolution supersedes any inconsistent provision(s) in the Prior
Actions Proclaiming and Extending the Local Emergency.
PASSED, APPROVED AND ADOPTED this 15th day of December, 2020.
LETITIA CLARK, MAYOR
ATTEST:
ERICA YASUDA, CITY CLERK