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HomeMy WebLinkAboutReso 23-20 Ratifying Proclamation Declaring Local Emergency (COVID-19)RESOLUTION NO. 23-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, STATE OF CALIFORNIA, PROCLAIMING AND AFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY, AND CONFIRMING AND RATIFYING PROCLAMATION BY CITY'S DIRECTOR OF EMERGENCY SERVICES OF EXISTENCE OF A LOCAL EMERGENCY, IN RESPONSE TO COVID-19 (CORONAVIRUS) THE CITY COUNCIL City of Morro Bay, California WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubie Province, China; and, WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or death and is easily transmissible from person to person; and WHEREAS, COVID-19 has since spread outside of China, impacting more than 100 countries, now including the United States; and WHEREAS, COVID-19 at present has sickened more than 198,000 people around the world, over 6,400 in the United States and over 730 in California, COVID-19 has killed over 7,900 people worldwide including over 100 in the United States, and there has been a significant escalation of United States domestic cases of and deaths from COVID-19; and WHEREAS, the federal Centers for Disease Control and Prevention ("CDC") activated its Emergency Response System to provide ongoing support for the response to COVID-19 across the country; and WHEREAS, the California Department of Public Health has activated its Medical and Health Coordination Center and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March 4, 2020, Governor Newson declared the existence of a state of emergency for the State of California; and, WHEREAS, on March 11, 2020, the Director -General for the World Health Organization declared that COVID-19 can be characterized as a "pandemic'; and WHEREAS, on March 13, 2020, the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency, and WHEREAS, on March 13, 2020, the County of San Luis Obispo Health Officer declared a public health emergency, the County of San Luis Obispo Emergency Services Director 01181.0001/637387.6 proclaimed a local emergency due to the COVID-19 pandemic, and local school closures went into effect; and WHEREAS, on March 14, 2020, the County of San Luis Obispo Public Health Department announced the first confirmed case of COVID-19 in San Luis Obispo County after an individual in San Luis Obispo County tested positive for COVID-19, and since that date further cases of COVID-19 have been confirmed in San Luis Obispo County; and WHEREAS, the health, safety and welfare of City of Morro Bay ("City') residents, businesses, visitors and staff are of utmost importance to the City and additional future measures may be needed to protect the community; and WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases within the City, and to prepare to respond to an increasing number or individuals who may require medical care; and WHEREAS, preparing for, responding to, mitigating, and recovering from the spread of COVID-19 requires the City to divert resources from normal day-to-day operations, and has and will continue to impose extraordinary requirements on and expenses to the City; and WHEREAS, strict compliance with certain municipal code and other City regulations would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of COVID-19, which issue cannot be timely addressed absent a declaration of local emergency; 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, the City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and WHEREAS, Morro Bay Municipal Code ("MBMC") § 8.08.050(A) appoints the City Manager as the Director of Emergency Services ("Director"); and WHEREAS, MBMC § 8.08.020 defines "emergency," and that definition includes "actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as .. epidemics"; and WHEREAS, MBMC § 8.08.060(A)(1) empowers the Director to proclaim the existence or threatened existence of a local emergency if the City Council is not in session, and WHEREAS, after consideration of all facts reasonably available presently then for review and all items, on March 14, 2020 the Director of Emergency Services proclaimed the existence of a state of local emergency to make additional resources available to address the effects of COVID-19; and WHEREAS, pursuant to Government Code § 8630 a local emergency throughout the City declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and 01181.0001/637387.6 WHEREAS, the Director of Emergency Services requests that the City Council of the City of Morro Bay proclaim and affirm the existence of a local emergency throughout the City, ratify the proclamation on March 14, 2020 by the Director of Emergency Services of the existence of a state of local emergency, and affirm the existence of a state of local emergency for the City of Morro Bay as of the date of March 4, 2020 when Governor Newson declared the existence of a state of emergency for the State of California; and WHEREAS, the Governor's declaration on March 4, 2020 of a state of emergency in California includes the following order: ' The 60-day time period in Government Code § 8630, within which local government authorities must renew a local emergency, is hereby waived for the duration of this state emergency. Any local emergency proclaimed will remain in effect until each local governing authority terminates its respective local emergency"; and WHEREAS, the California Emergency Services Act, Government Code §§ 8558(c) and 8630, authorize the proclamation of a local emergency when conditions of a disaster or extreme peril to the safety of persons and property exist within the territorial limits of a city; and WHEREAS, after consideration of all facts reasonably available presently for review and all items, the City Council of the City of Morro Bay now desires to proclaim and affirm the existence of a state of emergency throughout the City to make additional resources available to address the effects of COVID-19, ratify the proclamation of the Director of Emergency Services made on March 14, 2020, and affirm the existence of a state of local emergency for the City of Morro Bay as of the date of March 4, 2020 when Governor Newson declared the existence of a state of emergency for the State of California. N OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. Recitals. The City Council hereby finds and believes that the above recitals are true and correct and incorporate them herein by reference. 2. Proclamation of Local Emergency. The actual existence of conditions of extreme peril to the safety of persons and property have arisen within the City of Morro Bay, caused by the effects of COVID-19. The City Council, based upon the foregoing, now does proclaim, declare and affirm the existence of a local emergency throughout the City. 3. Ratification The aforementioned conditions of extreme peril warranted and n ecessitated the proclamation of the existence of a local emergency throughout the City of Morro Bay by the City's Director of Emergency Services on March 14, 2020. The City Council of the City of Morro Bay does hereby ratify and affirm the proclamation of a local e mergency throughout the City of Morro Bay by the City's Director of Emergency S ervices on March 14, 2020 (attached hereto and incorporated herein by reference). 4 Effective Date of Local Emergency. The City Council of the City of Morro Bay does hereby affirm the existence of a state of local emergency for the City of Morro Bay as of the date of March 4, 2020, when Governor Newson declared the existence of a state of e mergency for the State of California, for the reasons articulated in the declaration by Governor Newson of the existence of a state of emergency for the State of California on March 4, 2020, the reasons articulated herein, and for the reasons in the proclamation of a local emergency throughout the City of Morro Bay by the City's Director of Emergency S ervices proclaimed on March 14, 2020. 01181.0001/637387.6 5. Authority. During the existence of said local emergency, the powers, authority, functions and duties of the Director of Emergency Services and the City's emergency services organizations shall be those prescribed by State Law, City ordinances, resolutions, and approved plans of the City in order to mitigate the effects of said local emergency. 6. Duration. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. 7. Continuing Need. The Government Code § 8630 requirement that the Council review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency has been waived for the duration of the statewide emergency declared by Governor Newsom. In the event this declaration of local emergency extends for more than the duration of the statewide emergency declared for COVID-19, City Staff are directed to thereafter return this item for Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. 8. Severability. If any subsection, sentence, clause, phrase, or word of this Resolution or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Resolution. 9. Effective Date of Resolution. This Resolution shall be effective immediately upon passage and adoption. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 10. Publication. This Resolution and its contents will be published and promulgated in as widespread a manner as is reasonably feasible under the conditions prevailing during this local emergency. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, at a special meeting thereof held on the 19th day of March 2020 by the following vote: AYES° Headding, Addis, Davis, Heller, McPherson NOES* None ABSENT: None ABSTAIN: None ATTEST: (S- CANA SWANSON, City Clerk 01181.0001/637387.6 PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-19) WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubie Province, China; and, WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or death and is easily transmissible from person to person; and WHEREAS, COVID-19 has since spread outside of China, impacting more than 100 countries, now including the United States; and WHEREAS, COVID-19 at present has sickened more than 120,000 people around the world, over 1,300 in the United States and nearly 200 in California, COVID-19 has killed over 4,300 people worldwide, an.d there has been a significant escalation of United States domestic cases of and deaths from COVID-19; and WHEREAS, the federal Centers for Disease Control and Prevention ("CDC") activated its Emergency Response System to provide ongoing support for the response to COVID-19 across the country, and WHEREAS, the California Department of Public Health has activated its Medical and Health Coordination Center and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March 3, 2020, Governor Newson declared the existence of a state of emergency for the State of California; and, WHEREAS, on March 11, 2020, the Director -General for the World Health Organization declared that COVID-19 can be characterized as a "pandemic'; and WHEREAS, on March 13, 2020, the President of 'the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency; and WHEREAS, on March 13, 2020, the County of San Luis Obispo Health Officer declared a public health emergency, the County of San Luis Obispo Emergency Services Director proclaimed a local emergency due to the COVID-19 pandemic, and local school closures went into effect and WHEREAS, on March 14, 2020, the County of San Luis Obispo Public Health Department announced the first confirmed case of COVID-19 in San Luis Obispo County after an individual in San Luis Obispo County tested positive for COVID-1 9; and WHEREAS, the health, safety and welfare of City of Morro Bay ('City") residents, businesses visitors and staff are of utmost importance to the City and additional future measures 01181.0001/636865.6 CFN Page 1 of 3 PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-19) may be needed to protect the community; and WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID- 19 cases within the City, and to prepare to respond to an increasing number or individuals who may require medical care; and WHEREAS, preparing for, responding to, mitigating, and recovering from the spread of COVID-19 requires the City to divert resources from normal day-to-day operations, and has and will continue to impose extraordinary requirements on and expenses to the City; and WHEREAS, strict compliance with certain municipal code and other City regulations would prevent hinder, or delay appropriate actions to prevent and mitigate the effects of COVID-19 which issue cannot be timely addressed absent a declaration of localemergency; 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, the City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and WHEREAS, Morro Bay Municipal Code ("MBMC") § 8.08.050(A) appoints the City Manager as the Director of Emergency Services ("Director"); and WHEREAS, MBMC § 8 08.020 defines "emergency," and that definition includes "actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as... epidemics"; and WHEREAS, MBMC § 8.08.060(A)(1) empowers the Director to proclaim the existence or threatened existence of a local emergency if the City Council is not in session; and, WHEREAS, per Government Code § 8630 a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council; and • WHEREAS, after consideration of all facts reasonably available presently for review and all items, the Director of Emergency Services now desires to proclaim the existence of a state of local emergency to make additional resources available to address the effects of COVID-19. NOW, THEREFORE, the Director of Emergency Services for the City of Morro Bay does find and proclaim as follows: 1. The Director of Emergency Services finds that the actual existence of conditions of extreme peril to the safety of persons and property have arisen within the City of Morro Bay; caused by the effects of COVID-19 • 2: The Director of Emergency Services finds that the City Council is not currently in session and cannot be immediately called into session. 3. The aforementioned conditions warrant and necessitate theproclamation of the existence 01181.0001/636865.6 CFN Page 2 of 3 PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-19) of a local emergency by the City's Director of Emergency Services. 4. Pursuant to the authority granted by City ordinance, I hereby proclaim that a local emergency now exists throughout the City. 5. It is further proclaimed and ordered that during the existence of said local emergency, the powers, authority, functions and duties of the Director of Emergency Services and the City's emergency services organizations shall be those prescribed by State Law, City ordinances, resolutions, and approved plans of the City in order to mitigate the effects of said local emergency. 6. Consistent with Government Code § 8630(b) the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council. 7. This proclamation and its contents will be published and promulgated in as widespread a manner as is reasonably feasible under the conditions prevailing during this local emergency. 8. This proclamation of a local emergency shall take effect immediately as of the date first set forth below. Dated: � � ( koZO � Scott (Collins, City Manager, Director of Emergency Services • • • 01181.0001/636865.6 CFN • • Page 3 of 3 • PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-19)