HomeMy WebLinkAbout07 RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY DocuSign Envelope ID: FA9A7DC4-3661-4C25-9F48-650032A2A5BD
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AGENDA REPORT Agenda Item
DS
Reviewed:
City Manager
Finance Director N / A
MEETING DATE: MAY 4, 2021
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 21-32 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. 21-32 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, November 17, 2020, December 15, 2020, February 2, 2021,
and March 16, 2021 the Council adopted Resolutions 20-59, 20-69, 20-76, 20-80, 21-07,
and 21-20 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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RESOLUTION CONTINUING LOCAL EMERGENCY REGARDING COVID-19
May 4, 2021
Page 2
expire on May 15, 2021. (The Council's next regular meeting is scheduled on May 18, 2021.
If the attached Resolution 21-32 is approved on May 4, the next 60-day period will expire
on July 3, 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, the United States Health and
Human Services 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. Over a year ago, 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 proclaimed a local emergency on March 20, 2020, Orange County Public
Health Officials reported a cumulative total of 64 confirmed cases of COVID-19 County-wide.
As of April 27, 2021, the number of confirmed cases reported in Orange County is 253,664.
Tragically, COVID-19 has caused more American deaths in its first year than the total loss of
American lived caused by World War II.
CONFIRMED CASES OF COVID-19
Cases as of Cases as of Cases as of
March 20 (Date August 27, December 7, Cases as of Cases as of
of City's First 2020 2020 March 9, 2021 April 27, 2021
Proclamation)
City of [Not reported] 1,126 cases 2,150 cases 6,044 cases 6,206 cases
Tustin
County of 47,459 88,842 cases 248,022 cases 253,664 cases
Orange 65 (947 deaths) (1,633 deaths) (4,313 deaths) (4,939 deaths)
California 1,249 683,529 1,366,435 3.61 million 3.73 million
(24 deaths) (12,550 deaths) (19,935 deaths) (54,620 deaths) (61,461 deaths)
United 19,762 Over 6 million Over 15 million Over 29.2 million Over 32.2 million
States (273 deaths) (over 184,000 (over 283,000 (Over 527,000 (Over 572,000
deaths) deaths) deaths) deaths)
244,735 Over 24 million Over 67 million Over 117 million Over 148 million
Worldwide (over 833,000 (over 1.54 (over 2.61 million (over 3.12 million
(10,024 deaths) deaths) million deaths) deaths) deaths)
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On January 25, 2021, the State announced that the Regional Stay Home Order was ending
but that counties would return to "their appropriate tier under the Blueprint for a Safer
Economy," and that "Other state orders are still in place." In the case of Orange County, that
meant that the County returned to the "Purple Tier" (Widespread Risk), initially, and then to
the "Red Tier" (Substantial Risk) and most recently to the "Orange Tier" (Moderate Risk),
each change bringing with it some additional flexibility to businesses and the public, though
some measures to reduce the risk of spread remain in effect.
After a significant increase in the number of cases and deaths in late 2020 and early 2021,
the trend in recent weeks in the number of daily cases has declined significantly, and the rate
at which individuals are being vaccinated (at least in Southern California and the U.S.) has
increased significantly. And progress in reducing the rate of spread of the disease in the
County continues to result in the relaxation of some of the State's restrictions on local
businesses.
While such improvements in the trends are long-awaited and welcome, the pandemic
remains a serious and potentially deadly threat, and new cases of the disease continue to
arise throughout Orange County and in Tustin, and deaths from COVID-19 continue to occur.
As a result, the need to continue the state of local emergency remains.
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
• 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 21-32 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
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RESOLUTION CONTINUING LOCAL EMERGENCY REGARDING COVID-19
May 4, 2021
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residents and businesses. The proposed Resolution 21-32 continues the City's 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. Under Resolution 21-32, the penalties for
late payments for water service would continue to be suspended.
(2) Business License Taxes: Resolution 21-20 makes no changes to the parameters that
were last revised in Resolution 20-59. Resolution 20-59 provided that effective on
November 1, 2020, the Business License program, and any City requirements to
demonstrate compliance with that program, resumed.
(3) Street Sweeping Tickets: On September 1, 2020, the City Council adopted Resolution
20-59 which reinstated enforcement of parking restrictions related to street sweeping
to facilitate compliance with regional urban runoff water quality requirements such as
"Total Maximum Daily Loads" ("TMDLs") which relates to trash/debris accumulation
impeding flood protection and for vector control/abatement purposes. On April 6,
2021, the City Council discussed street sweeping enforcement. Based on that
discussion, City staff will continue to monitor street sweeping citation appeals and
report back to Council if the written basis for many appeals shows that the citations
are directly related to stay at home orders. Resolution 21-32 would make no
modifications to the current restrictions:
• Issuance and enforcement of tickets for violations of street sweeping laws
resumed on October 1, 2020.
(4) Business Permit Renewals for Massage Businesses. Resolution 21-32 would leave in
place the deadlines to renew Massage Business permits last 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
21-32 in light of the continuing COVID-19 pandemic.
ATTACHMENT:
1. Resolution 21-32 Determining the Need to Continue the Local Emergency
Regarding Novel Coronavirus (Covid-19)
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ATTACHMENT 1
RESOLUTION NO. 21-32
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 and its variants (collectively "COVID-19") have spread
globally, infecting more than 148 million persons and killing more than 3.12 million
individuals worldwide. Over 32 million Americans have been infected with the virus, and
COVID-19 has caused the deaths of over 573,000 individuals in the United States, more
than the number of American soldiers and civilians killed during World War 11. As of April
27, 2021, there have been 253,664 confirmed cases in Orange County, 6,206 cases in
the City of Tustin, and 4,939 deaths in the County related to COVID-19; and
WHEREAS, as of the date of this Resolution, three vaccines against the virus that
causes COVID-19 have been approved for public use in the United States, and efforts to
vaccinate the public have intensified. However, the availability of vaccines remains
limited compared to the size of the population, so significant limitations are still in place
on who may obtain vaccinations at this time. In addition, the worldwide availability of
vaccines remains even more limited, so COVID-19 continues to spread, and mutations
are prompting varying levels of concern continue to develop worldwide; 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 continuing spread 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 declared a public health emergency for the
United States to aid the nation's healthcare community in responding to COVID-19. On
DocuSign Envelope ID: FA9A7DC4-3661-4C25-9F48-650032A2A5BD
Resolution No. 21-32
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, 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, notwithstanding the orders and measures, the virus continues to
spread throughout the world, the nation, and the Southern California region; and
WHEREAS, the State of California and numerous other public and private
organizations have cancelled or postponed events where physical distancing cannot be
reasonably achieved, and many schools have convened their Fall 2020 and Spring 2021
classes remotely via video conferences, or on a modified basis, to reduce spread of 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; and
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; and
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Resolution No. 21-32
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; and
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; and
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; and
WHEREAS, the City Council again reviewed the local emergency on December
15, 2020 and adopted Resolution 20-80 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 February 2,
2021 and adopted Resolution 21-07 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 March 16,
2021 and adopted Resolution 21-20 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, Resolution 20-76, Resolution 20-80,
Resolution 21-07 and Resolution 21-20 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:
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Resolution No. 21-32
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
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. 21-32
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 4th day of May, 2021.
LETITIA CLARK, MAYOR
ATTEST:
ERICA YASUDA, CITY CLERK