HomeMy WebLinkAbout2020-09 - Ratifying Proclamation 2020-01RESOLUTION NO.2020-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, RATIFYING PROCLAMATION NO. 20-01 DECLARING THE
EXISTENCE OF A LOCAL EMERGENCY
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, Costa Mesa Municipal Code Section 6-6 empowers the City Manager,
as the Director of Emergency Services, to declare the existence or threatened existence
of a local emergency when the City is affected or likely to be affected by a public calamity;
and
WHEREAS, Government Code Section 8550, et seq., including Section 8558(c),
authorize the City Council 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 reportedly spreading from person -to -person. COVID-
19 illnesses, most of them associated with travel from Wuhan, are also being reported in
117 countries, with over 44,000 cases, including the United States; 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 has 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
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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, on February 2, 2020, the federal government initiated the suspension
of entry of foreign nationals who were in China during the 14-day period preceding their
entry or attempted entry into the United States. United States citizens, residents, and their
immediate family members who were in China during the 14-day period preceding their
entry into the United States are permitted entry, but are redirected to one of 11 airports
where the CDC has quarantine stations to undergo health screening. Depending on their
health and travel history, they will have some level of restrictions on their movements for
14 days from the time they left China. On February 29, 2020, the President expanded
restrictions to include all aliens who were physically present within the Islamic Republic
of Iran during the 14-day period preceding their entry or attempted entry into the United
States, with additional travel restrictions being imposed on travel from Europe on March
11, 2020; and
WHEREAS, as of March 12, 2020, the WHO reported that, to date, there are
125,048 confirmed cases of COVID-19, 4,613 of which resulted in death, across 117
countries; and
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 Public 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 250
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
Resolution No. 2020-09 Page 2 of 6
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, the City of Costa Mesa has the power to impose measures to promote
social distancing including but not limited to limitations on public events within the City of
Costa Mesa; and
WHEREAS, state and local public health officials may, as they deem necessary in
the interest of public health, issue orders limiting attendance at public assemblies,
conferences, or other mass events, which will cause the cancellation of such gatherings
through no fault or responsibility of the parties involved, thereby constituting a force
majeure; and
WHEREAS, Costa Mesa is a densely populated city within Orange County, which
is the sixth largest county in the United States, with one of the highest population
densities; and
WHEREAS, conditions of extreme peril to the safety of persons and property have
arisen due to the potential introduction of COVID-19 to Costa Mesa and Orange County;
and
WHEREAS, such conditions are 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, 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,
Resolution No. 2020-09 Page 3 of 6
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, on March 12, 2020 the City Manager, as the City's Director of
Emergency Services, has declared a local emergency as authorized by Government
Code section 8630 and Costa Mesa Municipal Code section 6-6(a)(1). A true and correct
copy of Proclamation NO. 2020-01 is attached hereto and incorporated herein by this
reference.
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Costa
Mesa as follows:
A. The City Manager's Proclamation of Local Emergency No. 2020-01 dated
March 12, 2020, and orders contained therein, is hereby ratified.
B. As contemplated in the Emergency Services Act contained in Government
Code Section 8550, et seq., including Section 8558(c), and Chapter 1 of
Title 6 of the Costa Mesa 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.
C. The area of the City which is endangered/imperiled is the entire City.
D. 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 of Costa Mesa Multi -Hazard Functional
Emergency Plan.
E. This local emergency shall continue to exist until the City Council proclaims
the termination of this local emergency.
F. That a copy of this resolution and the emergency proclamation be forwarded
to the Director of California Governor's Office of Emergency Services
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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 Costa Mesa;
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.
PASSED, APPROVED AND ADOPTED this 13th day of March, 2020.
ATTEST:
Brenda Green, City Clerk
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2020-09 and was duly
passed and adopted by the City Council of the City of Costa Mesa at an emergency
meeting held on the 13th day of March, 2020, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GEINS, MANSOOR, MARK,
REYNOLDS, STEPHENS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal
of the City of Costa Mesa this 13th day of March, 2020.
BRENDA GREE , CITY CLERK
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