Loading...
HomeMy WebLinkAboutItem 17 - Extension of Local Emergency Extension of Emergency Proclamation August 3, 2021 Resolution 21 -65 • State law requires a Local Emergency declaration to be reconsidered at least every 60 days. • Since it was last extended on June 15, and the Council's next scheduled meeting is more than 60 days later on August 17t", the Resolution extending it is presented for your consideration this evening. The Spread of COVID and Variants • The World Health Organization , the US, the State, the County and the City of Tustin all declared public health emergencies in March, 2020. • The number of reported cases in Orange County when Tustin first declared the local emergency was 65. • That number has grown to over 281 ,000 cases, and over 5, 100 Orange County residents have been killed by the disease. The Spread of COVID and Variants • The trends in the spread of COVI D- 19 had been improving in recent months, as have vaccination rates. • In recent weeks, however, the spread of a "Delta variant" of COVID- 19 has increased . • On July 30th, the CDC's Director summarized findings that fully vaccinated people exposed to COVID- 19 have high viral loads, so "vaccinated people infected with Delta can transmit the virus" to others. The Spread of COVID and Variants * The CDC Director emphasized that the available vaccines continue to be very effective at preventing or reducing the severity of the disease, but the vaccinated public is nevertheless carrying and transmitting the Delta variant. • On August 1St, the CDC 's Dr. Fauci noted that "the number of cases, the seven -day average has gone up substantially. " The Impact of the Local Emergency • A question has been posed what would be the legal effect of terminating the Local Emergency? • In general, a local emergency authorizes a city or county to take actions and adopt rules to protect the public from the local emergency - in this case the pandemic. The Impact of the Local, Emergency • As a practical matter, the effect of Tustin's Local Emergency declaration is limited at the moment: • The City has waived late fees on City water service customers until 45 days after the Local Emergency is terminate • Approximately 300 water customers are over 60 days past due. • Tustin has not adopted any limitations of its own on business operations; • Prior limits on the uses of parks and playgrounds have since been lifted; • Waivers of some business license fees have also been lifted; and • There is a State-wide declaration of Emergency that appears to address many of the requirements to qualify for emergency funding. The Impact of the Local Emergency • So as a legal matter, except for water service late fees, there would not be many immediate impacts from terminating the local emergency. • Having the local emergency in place maintains the authority to take emergency actions should they become necessary. • On the other hand, the Council could convene in a special meeting to adopt a new Resolution declaring a local emergency if the need arise after the current local emergency expired or was terminated. • Whether terminating the local emergency would be consistent with the City's messaging about the spread of COVID- 19 variants and vaccinations is a matter for the Council's discretion. Resolution 21 -65 • If approved , proposed Resolution 21 -65 would not change any of the measures adopted in prior extensions, including the waiver of late fees for water service which will last until the 45t" day after the emergency is declared at an end . Recommended Action • Approve Resolution 21 -65 determining the need to extend the local emergency regarding COVID- 19 . • Or option B would be the pleasure of the Council .