HomeMy WebLinkAboutCC RES 20-34DocuSign Envelope ID: 9AF807EB-982A-4760-B45B-OEAFC240450D
RESOLUTION NO. 20-34
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 to over 117 countries, infecting more
than 4,238,000 persons and killing more than 290,000 individuals worldwide. As of May
12, 2020, there were 3,627 confirmed cases, including increases in community
transmission, in Orange County, 55 in the City of Tustin, and 80 deaths in the County
related to COVID-19; and
WHEREAS, as of the date of this Resolution, no vaccine has been developed to
for the virus that causes COVID-19; 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, including Orange County and Los Angeles County, COVID-19 has created
conditions that are 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
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
Resolution 20-34
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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, the State of California and numerous other public and private
organizations have announced the cancellation or postponement of all events where
social distancing cannot be reasonably achieved; 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, the Director of Emergency Services proclaimed the existence of a
local emergency related to the COVID-19 pandemic on March 20, 2020, and the City
Council ratified the 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.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by
Government Code section 8630 and section 5205 of the Tustin City Code, the City
Council proclaims that, as defined in Government Code section 8558 and Section 5201
of the Tustin City Code, a "local emergency" 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
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;
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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 PROCLAIMED AND ORDERED that 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.
IT IS FURTHER PROCLAIMED AND ORDERED the area of the City of Tustin
which is endangered/imperiled is the entire City.
IT IS FURTHER PROCLAIMED AND ORDERED 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.
IT IS FURTHER PROCLAIMED AND ORDERED 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.
IT IS FURTHER PROCLAIMED AND ORDERED that the City Council will 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 social 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.
IT IS FURTHER PROCLAIMED AND ORDERED THAT Section 5 (mandating
compliance with the recommendations of public health officials), Section 6 (regarding
suspension of penalties for late payment of City water service charges), and Section 7
(regarding suspension of collection of business license taxes) of the March 20, 2020
Proclamation of Local Emergency remain in effect, and the provisions of Sections 6 and
7 are extended to and including August 18, 2020, or until the City Council terminates the
local emergency, whichever occurs first.
IT IS FURTHER PROCLAIMED AND ORDERED THAT the issuance of street
sweeping tickets in the City of Tustin are suspended through the end of August 18, 2020,
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and enforcement of any street sweeping ticket in Tustin dated between and including
March 15, 2020 through May 19, 2020, is waived.
IT IS FURTHER PROCLAIMED AND ORDERED THAT the deadline for existing
massage business permit holders to obtain renewals of their City -issued licenses is
extended to and including August 18, 2020.
IT IS FURTHER PROCLAIMED AND ORDERED 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.
IT IS FURTHER PROCLAIMED AND ORDERED 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.
PASSED, APPROVED AND ADOPTED this 19th day of May, 2020.
ATTEST:
`L (& g0,StJ_&
ERICA YASUDA,
City Clerk
APPROVED AS TO FORM:
q" , �
DAVID E. KENDIG,
City Attorney
DR. ALLAN BERNSTEIN,
Mayor
Resolution 20-34
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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 is
five; that the above and foregoing Resolution No. 20-34 was duly and regularly passed
and adopted at a special meeting of the City Council held on the 19th day of May, 2020
by the following vote:
COUNCILMEMBER AYES: Bernstein, Clark, Puckett, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
fV'i(& gees J&
ERICA N. YASUDA,
City Clerk
Resolution 20-34
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