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HomeMy WebLinkAboutCC RES 20-59 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 RESOLUTION NO. 20-59 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, infecting more than 24,000,000 persons and killing more than 833,000 individuals worldwide. Over 6 million Americans have been infected with the virus, and although 3.2 million have recovered, COVID-19 has caused the deaths of over 184,000 individuals in the United States. As of August 27, 2020, there have been 47,459confirmed cases in Orange County, 1,126 cases in the City of Tustin, and 947 deaths in the County related to COVID-19; and WHEREAS, as of the date of this Resolution, although several potential vaccines are in various stages of testing throughout the world, no vaccine against the virus that causes COVID-19 has been approved for public use; 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, 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, 20207 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 Resolution 20-59 Page 1 of 6 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 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, 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, since March 19, 2020, the Governor and the California Department of Health Services have issued many other orders and recommendations in an effort to contain the spread of the virus, and in some cases to enable some businesses to reopen in a manner protective against the pandemic; WHEREAS, notwithstanding the orders and measures, the virus continues to spread throughout the region, the nation and internationally; 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 many schools are convening their Fall classes remotely via video conferences to reduce exposures to 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; Resolution 20-59 Page 2 of 6 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 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; 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. (For ease of reference, the March 167 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 and Resolution 20-49 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- 1. ouncil: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 Resolution 20-59 Page 3 of 6 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 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 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; and F. Section 5 (mandating compliance with the recommendations of public health officials) of the March 20, 2020 Proclamation of Local Emergency remains in effect until the date the City Council terminates the COVID-19 local emergency; and G. Penalties for the late payment of City water service charges are, and shall remain, suspended for the period from March 20, 2020 until 45-days after the City Council terminates the COVID-19 local emergency; and H. The issuance of street sweeping tickets in the City of Tustin is suspended through and including September 30, 2020. Enforcement of any street sweeping ticket in Tustin dated between March 15, 2020 and September 307 2020 is waived. Issuance and enforcement of tickets for violations of street sweeping laws will resume effective October 1, 2020; and I. 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 is, and shall continue to be, suspended during the period between (and including) March 207 2020 and October 31, 2020; and Resolution 20-59 Page 4 of 6 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 J. Any City requirement to demonstrate compliance with the Business License program is, and shall continue to be, waived for the period between March 20, 2020 through and including October 31, 2020; and K. Commencing on November 1, 2020 and continuing thereafter, the requirements of the Business License program, and enforcement thereof, and the collection of business license taxes, and any City requirements to demonstrate compliance with the Business License program, shall resume and be enforceable in accordance with the Tustin City Code; and L. On or before October 1, 2020, existing Massage Establishments that currently have a valid Massage Business Permit will be required to renew their Massage Business Permit. M. The deadline for each new Massage Establishment to obtain its City-issued Massage Business Permit is extended through and including September 307 2020. On or after October 1, 2020, each operating or new Massage Establishment that does not yet have a valid Massage Business Permit will be required to have a valid Massage Business Permit to commence or continue operating; and N. Effective October 1, 2020, all requirements of the Massage Business License program, including but not limited the requirement to have a valid Massage Business License permit to operate in the City, shall resume and be enforceable in accordance with the Tustin City Code; and O. 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 P. 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 Q. This Resolution supersedes any inconsistent provision(s) in the Prior Actions Proclaiming and Extending the Local Emergency. Resolution 20-59 Page 5 of 6 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 PASSED, APPROVED AND ADOPTED this 1St day of September, 2020. 5_�4� DR. ALLAN BERNSTEIN, Mayor ATTEST: `LV'i(& geust4a ERICA YASUDA, City Clerk 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. 20-59 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 1St day of September, 2020 by the following vote: COUNCILMEMBER AYES: Bernstein, Clark, Puckett, Cooper, Lumbard (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) fV'i(& g6US1J_& ERICA N. YASUDA, City Clerk Resolution 20-59 Page 6 of 6