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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