07.01 Extension of Local EmergencyAGENDA ITEM
April 14, 2020
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Gary A. Sheatz, ';
inance
Attorney
REVIEW: City Mana
1. SUBJECT
Resolution No. 11228 - A Resolution of the City Council of the City of Orange Confirming
the Extension of the Existence of a Local Emergency Declared by the City Manager
Director of Emergency Services in Response to the COVID-19 (Coronavirus)
Pandemic.
2. SUMMARY
Adopting Resolution No. 11228 extends the City Council ratification of the Declaration of
the Existence of a Local Emergency for an additional 60 days, unless terminated sooner
by the City Council.
3. RECOMMENDED ACTION
Adopt Resolution No. 11228.
4. FISCAL IMPACT
The fiscal impact associated with the City's response to the Declaration of the Existence
of a Local Emergency due to COVID-19 (Coronavirus) is unknown at this time. City staff
will update the City Council on the fiscal impacts at a later date.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community
c. Enhance the emergency management system to provide public safety during times
of disaster.
Goal 2: Be a fiscally healthy community
d. Effectively manage and develop City assets.
6. DISCUSSION AND BACKGROUND
On March 16, 2020, the City Council adopted Resolution No. 11222, confirming the
proclamation declaring a local emergency by the City Manager. The actions of the City
ITEM -1 • 1 1 4/14/2020
Manager and the City Council are provided for under Government Code section 8630,
however, City Council must reaffirm the local emergency at least once every 60 days.
As the issues involving the Coronavirus pandemic have rapidly developed since the
original declaration of emergency, including a "stay home" order by the Governor on
March 19, the City Council renews its finding of a local emergency for another 60 days,
unless otherwise extended or terminated earlier by the Council.
In response to the pandemic and the need to exercise social distancing, the City has
limited public access to City Hall, implemented a modified operations plan to reduce the
staffing at City facilities, adjusted public safety deployment strategies, closed all public
libraries, limited park use, and allocated staffing resources and materials to address state
and county Health Orders. In addition, the City has been operating its Emergency
Operations Center (EOC) at a level 2 activation. The EOC has been the City's hub for
inter -agency coordination between the County, the Operational Area, and neighboring
jurisdictions.
7. ATTACHMENTS
Resolution No. 11228.
ITEM 2 4/14/2020
RESOLUTION NO. 11228
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CONFIRMING THE
EXTENSION OF THE EXISTENCE OF A LOCAL
EMERGENCY DECLARED BY THE CITY
MANAGER/DIRECTOR OF EMERGENCY
SERVICES IN RESPONSE TO THE COVID-19
CORONAVIRUS) PANDEMIC
WHEREAS, the California Emergency Services Act (California Government Code sections
8630, 8550 et. seq.) empowers the City Council to designate by ordinance a local official with the
power to proclaim the existence of a local emergency when the City Council is not in session so long
as such proclamation is ratified by the City Council within seven days; and
WHEREAS, Chapter 2.68 of the Orange Municipal Code empowers the City Manager, acting
as Director of Emergency Services, to proclaim the existence or threatened existence of a local
emergency when the City is affected or likely to be affected by a public calamity and the City Council
is not in session; and
WHEREAS, based on conditions of extreme peril to the safety of persons within the City
of Orange as the result of conditions surrounding the COVID-19 pandemic, and in conjunction with
the Local Health Emergency declared by the Board of Supervisors of the County of Orange, and
finding that the COVID-19 pandemic, if fully manifested, poses extreme peril to the health and safety
of persons and property within the City and is, or is likely to be, beyond the control and capacity of
the services, personnel, equipment and facilities of the City, the City Manager declared a local
emergency within the City on March 16", 2020 (Exhibit "A"); and
WHEREAS, the City Council of the City of Orange unanimously adopted Resolution No.
11222, ratifying that Proclamation on March 16", 2020 (Exhibit `B"); and
WHEREAS, pursuant to California Government Code section 8630 of the Emergency
Services Act, the City Council must review the need for continuing the local emergency at least once
every 60 days until the governing body terminates the local emergency; and
WHEREAS, the City Council of the City of Orange has reviewed the need to continue the
existence of a local emergency; and
WHEREAS, the City Council does hereby find that the above -described conditions of
extreme peril continue to warrant and necessitate the proclamation of the existence of a local
emergency within the City of Orange.
NOW THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of
Orange that the period of the Existence of a Local Emergency is extended for an additional 60
days, unless terminated sooner by the City Council.
BE IT FURTHER RESOLVED, that the City Manager/Director of Emergency Services is
authorized to take whatever other action is authorized under the Orange Municipal Code and state and
federal law, subject to authorization required from the City Council, consistent with this Resolution.
ADOPTED this day of , 2020.
Mark A. Murphy, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange
at an emergency meeting held on the day of , 2020 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
EXHIBIT "A"
DECLARATION OF LOCAL
EMERGENCY SIGNED MARCH 16, 2020
Beneath this sheet.]
PROCLAMATION AND ORDER OF THE CITY
MANAGER ACTING IN HIS CAPACITY AS THE
DIRECTOR OF EMERGENCY SERVICES FOR
THE CITY OF ORANGE PROCLAMING THE
EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Chapter 2.68 of the Orange Municipal Code empowers the City Manager, acting
as Director of Emergency Services, to proclaim the existence or threatened existence of a local
emergency when the City is affected or likely to be affected by a public calamity and the City Council
is not in session; and
WHEREAS, the Director of Emergency Services of the City of Orange shall have that
proclamation confirmed by the City Council at the earliest practical time thereafter; and
WHEREAS, the Director of Emergency Services of the City does hereby find:
a) The Board of Supervisors for the County of Orange have declared a Local Health
Emergency in response to the COVID-19 pandemic; and
b) That the conditions of the COVID-19 pandemic, if fully manifested, pose extreme peril
to the health and safety of persons and property within the City and are, or are likely to
be, beyond the control and capacity of the services, personnel, equipment and facilities
of the City; and
c) That the City Council of the City of Orange is not in session (and cannot immediately
be called into session absent an emergency); and
WHEREAS, the aforesaid conditions of extreme peril warrant and necessitate the
proclamation of the existence of a Local Emergency.
NOW THEREFORE, IT IS HERESY PROCLAIMED that:
1. A Local Emergency now exists throughout the City of Orange;
2. During the existence of said Local Emergency, the powers, functions and duties of the
emergency organization of the City shall be those prescribed by state law, by ordinances
and resolutions of the City, and by the City of Orange Emergency Operations Plan, as
approved by the City Council;
3. During the existence of said Local Emergency, the City shall follow and impose all
directives, mandates, Executive Orders and any other emergency -related restrictions
issued by the State of California and/or the County of Orange.
4. Until further notice, all non -essential City facilities with a capacity of 50 people or more
are closed to the public, and all non -essential City -sponsored events are cancelled or
postponed to a future date.
5. This emergency proclamation shall expire in seven (7) days after issuance unless
confirmed and ratified by resolution of the Orange City Council, pursuant to Government
Code Section 8630.
ADOPTED this day ofyrrr , 2020
Ric tto, Director of Emergency Services,
City of Orange
Pamela Coleman, City Clerk, City of Orange
AS TO FORM:
A. Satz, City
EXHIBIT "B"
RESOLUTION NO. 11222
Beneath this sheet.]
RESOLUTION NO. 11222
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CONFIRMING THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES
DECLARATION OF THE EXISTENCE OF A LOCAL
EMERGENCY.
WHEREAS, Chapter 2.68 of the Orange Municipal Code empowers the City Manager,
acting as Director of Emergency Services, to proclaim the existence or threatened existence of a
local emergency when the City is affected or likely to be affected by a public calamity and the City
Council is not in session; and
WHEREAS, the same ordinance requires that the City Council take action to ratify the
proclamation within seven days thereafter; and
WHEREAS, conditions of extreme peril to the safety of persons have arisen within
the City of Orange asthe result of conditions surrounding the COVID-19 pandemic; and
WHEREAS, the Board of Supervisors for the County of Orange have declared a Local
Health Emergency in response to the COVID-19 pandemic; and
WHEREAS, the COVID-19 pandemic, if fully manifested, pose extreme peril to the
health and safety of persons and property within the City and are, or are likely to be, beyond
the control and capacity of the services, personnel, equipment and facilities of the City; and
WHEREAS, the City Council of the City of Orange was not in session at the time
of the County of Orange's declaration, the City Manager, acting as the Director of Emergency
Services did proclaim the existence of a local emergency within the City on the 16th day of
March 2020; and
WHEREAS, the City Council does hereby find that the above -described conditions
of extreme peril did warrant and necessitate the proclamation of the existence of a local
emergency in the vicinity of the City of Orange.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Orange that the Proclamation of the Existence of a Local Emergency, as issued by the
City Manager/Director of Emergency Services, is ratified and confirmed.
BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to
exist until its termination is proclaimed by the City Council of the City of Orange.
ADOPTED this 16th day of March 2020.
Mark (A. Murphy, Mayor, City
ATTEST:
raj'U u
Pamela Coleman, City Clerk, City of Orange
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at an emergency meeting held on the 16th day of March 2020, by the following vote:
AYES: COUNCILMEMBERS: Alvarez, Murphy, Nichols, Monaco
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11222 2