HomeMy WebLinkAboutCC RES 21-52DocuSign Envelope ID: 428HE2E-38130-43CB-81 BO-769A83568A37
RESOLUTION NO. 21-52
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 33.3 million Americans have been infected with the virus,
and COVID-19 has caused the deaths of over 598,000 individuals in the United States,
more than the number of American soldiers and civilians killed during World War II. As
of June 8, 2021, there have been 272,447 confirmed cases in Orange County, 6,255
cases in the City of Tustin, and 5,088 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. Vaccination is available to more age groups at this
time, though not to those under 12 years of age. 44.93% of California's population has
been fully vaccinated as of June 8, 2021. Unfortunately, the worldwide availability of
vaccines remains more limited, so COVID-19 continues to spread, and mutations of
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
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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, 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 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
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
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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.
WHEREAS, the City Council again reviewed the local emergency on May 4, 2021
and adopted Resolution 21-32 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, Resolution 21-20 and Resolution 21-32 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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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
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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
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 June, 2021.
DOC So ned by:
LET ITIA E
Mayor
ATTEST:
IDocuSigned by:
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ao-�se4�a,o-a�•�o. .
ERICA YASUDA,
City Clerk
Resolution 21-52
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DocuSign Envelope ID: 428HEH-38130-43C13-81 BO-769A83568A37
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 of
the City of Tustin is five; that the above and foregoing Resolution No. 21-52 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day
of June 2021 by the following vote:
COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
FDocuSigned by:
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or�e•aa•�e. .
ERICA N. YASUDA,
City Clerk
Resolution 21-52
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