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HomeMy WebLinkAboutPROCLAMATION OF LOCAL EMERGENCY - 3.20.2020PROCLAMATION OF LOCAL EMERGENCY UPDATED MARCH 20, 2020 A PROCLAMATION OF THE CITY MANAGER OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY. WHEREAS, Tustin Municipal Code Sections 5204 and 5205 empower the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency; and WHEREAS, California Government Code Section 8550 et seq., including Section 8558(c), authorizes the City Manager to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS; a novel coronavirus, COVID-19, causes infectious disease and was first detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of COVID-19 include fever, cough, and shortness of breath. Outcomes have ranged from mild to severe illness, and, in some cases, death. The Center for Disease Control and Prevention (CDC) has indicated the virus is a tremendous public health threat; and WHEREAS, Chinese health officials have reported tens of thousands of cases of COVID-19 in China, with the virus spreading from person-to-person. COVID-19 illnesses are being reported in countries around the globe, with over 237,400 cases worldwide, including 12,392 cases in the United States, as of March 19, 2020; and WHEREAS, 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, 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; and WHEREAS, as of March 20, 2020, the WHO reported 237,400 confirmed cases of COVID-19, 9,921 of which resulted in death, spread over more than 150 countries; and 1480086,1 WHEREAS, in declaring a State of Emergency, the Governor indicated that, as of March 4, 2020, there were 129 confirmed cases of COVID-19 in the United States, including 53 in California, and more than 9,400 Californians across 49 counties in home monitoring based on possible travel -based exposure to the virus, with officials expecting the number of cases in California, the United States, and worldwide to increase; and WHEREAS, the Governor and the California Department of Health on March 11, 2020, Issued a statement entitled "California Public Health Experts: Mass Gatherings Should be Postponed or Canceled Statewide to Slow the Spread of COVID-19," determining that gatherings should be postponed or canceled across the state until at least the end of March. Non-essential gatherings must be limited to no more than 2.50 people, while smaller events can proceed only if the organizers can implement social distancing of 6 feet per person. Gatherings of individuals who are at higher risk for severe illness from COVID-19 should be limited to no more than 10 people, while also following social distancing guidelines. Furthermore, essential gatherings should only be conducted if the essential activity could not be postponed or achieved without gathering, meaning that some other means of communication could not be used to conduct the essential function; and WHEREAS, the Governor on March 12, 2020 issued Executive Order N-25-20, ordering, inter alia, that all residents are to heed the orders and guidance of state and local public health officials; and WHEREAS, on March 13, 2020, the President of the United States declared a .national emergency in the face of a growing public health and economic crisis due to the COVID-19 global pandemic; and WHEREAS, on March 15, 2020, the Governor called for the home isolation of anyone 65 years of age or older, and those with chronic conditions. He also called for the closures of bars, nightclubs, brewpubs and wineries to help prevent the spread of COVID-19; and WHEREAS, as of March 19, 2020 at 5:00 p.m., the Orange County Health Care Agency reported 53 cases of Coronavirus in the County, including at least 19 "community acquired" cases, and concluded that "There is now epidemiological evidence of community transmission in Orange County, indicating that COVID-19 is spreading in the community"; and WHEREAS, on March 19, 2020, the California State Public Health Officer and Director of the California Department of Public Health ordered all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction, including housing construction. 1480086.1 WHEREAS, the City of Tustin has the power to impose measures to limit gatherings and to promote social distancing including, but not limited to, limitations on public events and gatherings at public meetings; and WHEREAS, the City of Tustin is a densely populated city within Orange County, which is the sixth largest county in the United States; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen due to the potential introduction of COVID-19 to the City of Tustin and Orange County; and WHEREAS, such conditions are beyond the control of the services, personnel, equipment, and facilities of the City of Tustin and require the combined forces of other political subdivisions to combat; and WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases, to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an increasing number of individuals requiring medical care and hospitalization; and WHEREAS, if COVID-19 spreads in California at a rate comparable to the rate of spread in other countries, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the community, and limits the spread of infection in the community and within the healthcare delivery system; and WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to COVID-19; and WHEREAS, the COVID-19 pandemic and the orders issued for the protection of public health are likely to carry with them significant economic burdens on Tustin residents and businesses while the costs of medical care in response to the pandemic are likely to rise. The City Council finds that it is appropriate for the City to identify and adopt measures to help reduce the adverse economic impacts of the pandemic; and WHEREAS, the City Manager, acting as the Director of Emergency Services, has the power to declare a local emergency as authorized by California Government Code Section 8630 and Tustin Municipal Code Sections 5204 and 5205(aX1). 1480086.1 NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED BY THE CITY MANAGER OF THE CITY OF TUSTIN AS FOLLOWS: Section 1. As contemplated in the Emergency Services Act contained in California Government Code Section 8550 et seq., including Section 8558(c), and Chapter 2 of Article 5 of the Tustin Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by an epidemic, as detailed in the recitals set forth above. Section 2. The area of the City of Tustin which is endangered/imperiled is the entire City. Section 3. 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. Section 4. The City Council shall review and ratify this proclamation of the City Manager within seven days as required by state law, and' if ratified, shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency as required by state law until it terminates the local emergency, and shall terminate the local emergency at the earliest possible date that conditions warrant. Section 5. The City orders that, within the boundaries of the City, the recommendations of public health officials shall be deemed mandatory. Section 6. Penalties for the late payment of City water service charges are hereby suspended for a period of 90 days commencing for these purposes on March 15, 2020, or until the City Council terminates the local emergency, whichever occurs first. Section 7. The City's Business License program, and the collection of business license taxes, pursuant to Chapter 5 of Article 2 of the Tustin City Code are hereby suspended for a period of 90 days commencing for these purposes on March 15, 2020, or until the City Council terminates the local emergency, whichever occurs first. Any City requirement to demonstrate compliance with the Business License program shall be waived for a period of 90 days commencing for these purposes on March 15, 2020, or until the City Council terminates the local emergency, whichever occurs first. Section 8. The issuance of street sweeping tickets in the City of Tustin are suspended through the end of March, 2020, and enforcement of any street sweeping ticket dated between and including March 15, 2020 through March 31, 2020, is waived. Section 9. 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 1480086,1 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 recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. PROCLAIMED this 20th day of March 2020. MA TH W S. WEST, CITY MANAGER AND ACTING DIRECTOR OF EMERGENCY SERVICES APPROVED AS TO FORM: DAVID E. KEIVDIG, CITY -'ATTORNEY ATTEST: ERICA YASQOA, CITY CLERK 1480086.1