HomeMy WebLinkAbout2020-13 - Closing City ParksRESOLUTION NO. 2020-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, RATIFYING REGULATION NO. 1
ISSUED BY THE CITY MANAGER AS DIRECTOR OF
EMERGENCY SERVICES TO CLOSE ALL CITY PARKS
PURSUANT TO 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, 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 11
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
Resolution No. 2020-13 Page 1 of 5
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
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, in March 12, pursuant to Proclamation No. 2020-01, the City Manager
did proclaim the existence of a local emergency pursuant to Title 6 of the Costa Mesa
Municipal Code; and
WHEREAS, on March 13, 2020 the City Council pursuant to Resolution No. 2020-
9 did ratify Emergency Proclamation No. 2020-01; and
WHEREAS, on March 13, 2020, the President of the United States of America
declared a national emergency and announced that the federal government would make
Resolution No. 2020-13 Page 2 of 5
emergency funding to assist state and local governments in preventing the spread of and
addressing the effects of COVID-19; and
WHEREAS, on March 19, 2020, the Governor of California issued Executive Order
No. N-33-20 that required all citizens, except for essential workers, to stay home with
limited exceptions allowed to obtain essential services.
WHEREAS, the Centers for Disease Control and Prevention and the California
Department of Health have all issued recommendations including but not limited to social
distancing, staying home if sick, cancelling or postponing large group events, working
from home, and other precautions to protect public health and transmission of this
communicable virus; and
WHEREAS, as a result of the public health emergency and the stay at home order,
as well as the suspension of all area schools, the parks and open spaces of the City have
become crowded with residents to the point that required social distancing of at least six
feet is not being observed; and
WHEREAS, during this local emergency, and in the interest of protecting the public
health and preventing transmission of COVID-19, it is essential to avoid unnecessary
close contact; and
WHEREAS, in the interest of public health and safety, as affected by the
emergency caused by the spread of COVID-19, the Director of Emergency Services, on
March 23, 2020, issued Regulation No. 1 immediately closing all City Parks and Open
Spaces except for essential city personnel; and
WHEREAS, in the interest of public health and safety, as affected by the
emergency caused by the spread of COVID-19, it is necessary for the City Council to
ratify the Director of Emergency Service's regulation closing all city parks and open
spaces related to protection of life and property.
A. NOW, THEREFORE, IT IS ORDERED by the City Council of the City of
Costa Mesa that The City Manager's Regulation No. 1 issued on March 23,
2020 closing all City Parks and Open Spaces, which include parking lots,
picnic shelters, playground and exercise equipment, and sports courts,
except for the City's essential workers, pursuant to the Proclamation of
Resolution No. 2020-13 Page 3 of 5
Local Emergency No. 2020-01 dated March 12, 2020 as ratified on March
13, 2020, is hereby ratified.
PASSED, APPROVED AND ADOPTED this 24th day of March, 2020.
ATTEST:
APPROVED AS TO FORM:
Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
Resolution No. 2020-13 Page 4 of 5
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. 2020-13 and was duly
passed and adopted by the City Council of the City of Costa Mesa at an emergency
meeting held on the 24th day of March, 2020, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, MARK, REYNOLDS, FOLEY
NOES: COUNCIL MEMBERS: GENTS, MANSOOR, STEPHENS
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal
of the City of Costa Mesa this 25th day of March, 2020.
axeGU
BRENDA GREEN, CITY CLERK
Resolution No. 2020-13 Page 5 of 5
CITY OF COSTA MESA REGULATION NO 1 PURSUANT TO
PROCLAMATION NO. 2020-01
COSTA MESA REGULATION NO. 1 ISSUED PURSUANT TO A PROCLAMATION BY
THE CITY MANAGER OF THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS
THE DIRECTOR OF EMERGENCY SERVICES, DECLARING THE IMMEDIATE
CLOSURE OF ALL CITY PARKS AND OPEN SPACES EXCEPT FOR ESSENTIAL
CITY PERSONNEL
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 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, Costa Mesa Municipal Code Section 12-19 empowers the City
Manager as Director of Emergency Services to exclude the public from any park, square,
avenue, grounds, or recreation center, or any part or portion thereof in an emergency until
such emergency has ceased; 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, 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
Costa Mesa Regulation No. 1 Pursuant to Proclamation No. 2020-01 Page 1 of 4
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, 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 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
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, in March 12, pursuant to Proclamation No. 2020-01, the City Manager
did proclaim the existence of a local emergency pursuant to Title 6 of the Costa Mesa
Municipal Code; and
WHEREAS, on March 13, 2020 the City Council pursuant to Resolution No. 2020-
9 did ratify Emergency Proclamation No. 2020-01; and
WHEREAS, on March 13, 2020, the President of the United States of America
declared a national emergency and announced that the federal government would make
emergency funding to assist state and local governments in preventing the spread of and
addressing the effects of COVID-19; and
Costa Mesa Regulation No. 1 Pursuant to Proclamation No. 2020-01 Page 2 of 4
WHEREAS, on March 19, 2020, the Governor of California issued Executive Order
No. N-33-20 that required all citizens, except for essential workers, to stay home with
limited exceptions allowed to obtain essential services; and
WHEREAS, the Centers for Disease Control and Prevention and the California
Department of Health have all issued recommendations including but not limited to social
distancing, staying home if sick, cancelling or postponing large group events, working
from home, and other precautions to protect public health and transmission of this
communicable virus; and
WHEREAS, as a result of the public health emergency and the stay at home order,
as well as the suspension of all area schools, the parks and open spaces of the City have
become crowded with residents to the point that required social distancing of at least six
feet is not being observed; and
WHEREAS, during this local emergency, and in the interest of protecting the public
health and preventing transmission of COVID-19, it is essential to avoid unnecessary
close contact.
WHEREAS, in the interest of public health and safety, as affected by the
emergency caused by the spread of COVID-19, it is necessary to issue this Regulation
No. 1 pursuant to the emergency proclamation related to protection of life and property.
NOW, THEREFORE, IT IS PROCLAIMED AND ORDERED by the City Manager
of the City of Costa Mesa acting as the Director of Emergency Services as follows:
A. All City Parks and Open Spaces are hereby closed, which include parking lots,
picnic shelters, exercise equipment and sports courts, except for essential city
personnel.
B. Violation of this Regulation shall be punishable as set forth in Costa Mesa
Municipal Code section 12-18.
PROCLAIMED this 23th day of March, 2020.
c �
L r' A n Farre Harrison, City Manager
Kimberly Hall Barlow, City Attorney
Costa Mesa Regulation No. 1 Pursuant to Proclamation No. 2020-01 Page 3 of 4
ATTEST:
Brenda Green, City Clerk
Costa Mesa Regulation No. 1 Pursuant to Proclamation No. 2020-01 Page 4 of 4