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HomeMy WebLinkAboutCC RES 20-80 DocuSign Envelope ID:32BEB7DE-7B3F-4CB1-9D90-E305C96F3952 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 Resolution 20-80 Page 1 of 6 DocuSign Envelope ID:32BEB7DE-7B3F-4CB1-9D90-E305C96F3952 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 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 Resolution 20-80 Page 2 of 6 DocuSign Envelope ID:32BEB7DE-7B3F-4CB1-9D90-E305C96F3952 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 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: Resolution 20-80 Page 3 of 6 DocuSign Envelope ID:32BEB7DE-7B3F-4CB1-9D90-E305C96F3952 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 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 Resolution 20-80 Page 4 of 6 DocuSign Envelope ID:32BEB7DE-7B3F-4CB1-9D90-E305C96F3952 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. 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. DocuSigned by: LETITI LAR .. Mayor ATTEST: 5 DocuSigned by: f V'iCa aS 4A ERICAOXI'.6TAIIbDA, City Clerk Resolution 20-80 Page 5 of 6 DocuSign Envelope ID:32BEB7DE-7B3F-4CB1-9D90-E305C96F3952 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, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 20-80 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 15th day of December 2020 by the following vote: COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) DocuSigned by: `LV'i(a geust4a ERIMllI " bDA, City Clerk Resolution 20-80 Page 6 of 6