Resolution Number 20-03-17-03RESOLUTION NO. 20-03-17-03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RATIFYING THE PROCLAMATION OF
EXISTENCE OF A LOCAL EMERGENCY (NOVEL CORONAVIRUS "COVID-
19") BY THE CITY MANAGER IN HIS CAPACITY AS DIRECTOR OF
EMERGENCY SERVICES
WHEREAS, Section 4-1.103 of the San Juan Capistrano Municipal Code
designates the City Manager as the Director of Emergency Services; and
WHEREAS, Section 4-1.104 of the San Juan Capistrano Municipal Code
empowers the Director of Emergency Services to proclaim the existence or threatened
existence of a local emergency when said city is affected or likely to be affected by a
public calamity and;
WHEREAS, Section 8558 of the Government Code defines a local emergency as
including an epidemic; and
WHEREAS, the Director of Emergency Services received notification on or about
February 26, 2020, that the County of Orange Health Officer declared a Local Health
Emergency pursuant to Health and Safety Code section 101080 due to the potential
introduction of COVID-19 in Orange County; and
WHEREAS, the Director of Emergency Services received notification on or about
March 2, 2020, that and the County of Orange Board of Supervisors ratified the
declaration of Local Health Emergency due to the threat of COVID-19 in the County; and
WHEREAS, the Director of Emergency Services received notification on or about
March 15, 2020, that the County of Orange Health Services (County DHS) confirmed 17
presumptive positive cases of novel coronavirus (COVID-19) in Orange County; and
WHEREAS, on March 4, 2020, as part of the State of California's response
to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
broader spread of COVID-19; and
WHEREAS, on March 13, 2020, President of the United States
Donald J. Trump proclaimed that the COVID-19 outbreak in the United States constitutes
a national emergency, beginning March 1, 2020; and
WHEREAS, COVID-19 might affect many residents within the City and the
immediately surrounding areas. The COVID-19 virus is likely to create conditions of
disaster or extreme peril which will be beyond the services, personnel and equipment and
facilities of the City, creating the potential for significant impacts to the health and safety
of City residents as well as critical public services and infrastructure; and,
1 3/17/2020
WHEREAS, the City of San Juan Capistrano may need to promulgate emergency
orders and regulations to facilitate the maintenance of order and reduction in potential
loss of life and property; and
WHEREAS, on March 16, 2020, at 4:50 p.m., the City Manager, in his capacity as
Director of Emergency Services, proclaimed the existence of local emergency in the City
of San Juan Capistrano, after determining that the spread of COVID-19 is likely to create
emergency conditions of disaster or extreme peril which will be beyond the services,
personnel and equipment and facilities of the City; and
WHEREAS, in accordance with Government Code Section 8630 and Section
4-1.104 of the San Juan Capistrano Municipal Code, the City Council must take action to
ratify the proclamation of the Director of Emergency Services within seven days thereafter
or the proclamation shall have no further force or effect; and
WHEREAS, the San Juan Capistrano City Council does hereby find that the
aforesaid conditions did warrant and necessitate the proclamation of the existence of a
local emergency; and
WHEREAS, the Director of Emergency Services of the City of San Juan
Capistrano did proclaim the existence of a local emergency within said city on 16th day of
March, 2020; and
NOW, THEREFORE, BE IT RESOLVED that said proclamation of existence of a
local emergency, as issued by said City Manager/Emergency Services Director, is hereby
ratified by the San Juan Capistrano City Council; and
BE IT FURTHER RESOLVED that said local emergency shall be deemed to
continue to exist until its termination is proclaimed by the City Council of the City of San
Juan Capistrano, County of Orange.
APPROVED AND ADOPTED this 17th day of March 2020.
ATTEST:
j'
MARIA WRNIS, CITY C
11.0 10YMN 1LOX-ji :4
2 3/17/2020
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 20-03-17-03 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
17th day of January 2020, by the following vote:
A ES: POUNCIL MEMBERS: Reeve, Maryott, Farias, Taylor and Mayor Bourne
NES. CUNCIL MEMBERS: None
AS EN OUNCIL MEMBERS: None
IS, CITY CLRRK
3 3/17/2020
PROCLAMATION
A PROCLAMATION BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY
OF SAN JUAN CAPISTRANO DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS, Section 4-1.104 of the San Juan Capistrano Municipal Code
empowers the City Manager, as the Director of Emergency Services, to proclaim (subject
to ratification by the City Council within seven days) the existence or threatened existence
of a local emergency when said City is affected or likely to be affected by a public calamity
and the City Council is not in session; and
WHEREAS, on February 26, 2020, the County of Orange Board of
Supervisors and County Health Officer Dr. Nichole Quick declared a Local Health
Emergency pursuant to Health and Safety Code Section 101080 due to the potential
introduction of COVID-19 in Orange County; and
WHEREAS, on March 2, 2020, the County of Orange Board of Supervisors
ratified the declaration of Local Health Emergency and proclamation pursuant to Health
and Safety Code Section 101080; and
WHEREAS, on March 4, 2020, as part of the State of California's response
to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
broader spread of COVID-19; and
WHEREAS, on March 13, 2020, President of the United States
Donald J. Trump proclaimed that the COVID-19 outbreak in the United States constitutes
a national emergency, beginning March 1, 2020; and
WHEREAS, on March 15, 2020, the County of Orange Department of Health
Services (County DHS) confirmed 17 presumptive positives cases of novel coronavirus
(COVID-19) in Orange County; and
WHEREAS, on March 15, 2020, the' County DHS confirmed 3 community
acquired cases in Orange County from non -travel, community transmission due to the
increase of these cases in the country, combined with the worldwide uncontrolled spread
of COVID-19; and
WHEREAS, as of March 15, 2020, across the globe, there are more than
153,517 confirmed cases of COVID-19, tragically resulting in more than 5,735 deaths
worldwide; and
1 — Proclamation COVID-19
WHEREAS, as of March 16, 2020, there are 3,487 confirmed cases
of COVID-19 in the United States, including 335 in California, and more than 11,700
Californians across 49 counties are in home monitoring based on possible travel -based
exposure to the virus, and officials expect the number of cases in California, the United
States, and worldwide to increase.
NOW, THEREFORE, the Director of Emergency Services finds that:
A. The United States of America has confirmed cases of individuals who have a severe
acute respiratory illness caused by a novel (new) coronavirus ("COVID-19" or "the
virus") first detected in Wuhan, Hubei Province, people's Republic of China
("China"). The virus was first reported in China on December 31, 2020. As of March
15, 2020, the World Health Organization ("WHO") has reported more than 5,735
deaths stemming from approximately 153,517 confirmed cases of COVID-19 and
the virus is present in 130 countries. The number of confirmed cases has continued
to escalate dramatically over a short period of time; and
B. WHO officials now report that sustained human -to -human transmission of the virus
is occurring. Transmission from asymptomatic individuals has been documented.
Suspected community transmission of the virus is occurring in the United States;
and
C. Although the majority of individuals infected with COVID-19 recover from the
disease without special treatment, there is significant potential for serious infection
and death; and
D. On January 30, 2020, WHO declared the COVID-19 outbreak a public health
emergency of international concern, and on January 31, 2020, the U.S. Department
of Health and Human Services declared a Public Health Emergency for the United
States of America; and
E. The United States Centers of Disease Control and Prevention (CDC) has
determined that the virus presents a serious public health threat, requiring
coordination among state and local health departments to ensure readiness for
potential health threats associated with the virus; and
F. The County's Health Care Agency has found that the conditions constituting a threat
to community health, including a presumptive case of community infection, may be
present in the County warranting a proclamation of a Local Health Emergency; and
G. Conditions of extreme peril to the safety of persons and property have arisen within
the city caused by the threat of COVID-19 that will impact significant City and
community operations, including critical public infrastructure and services, and
which will require the provision of additional public safety and emergency services;
and
2 — Proclamation COVID-19
H. As contemplated in the Emergency Service Act contained in Government Code
Section 8550 et seq., including Section 8558 (c), a local emergency exists because
of the existence of conditions of disaster or of extreme peril to the safety of persons
and property within the City of San Juan Capistrano caused by the aforesaid
conditions which are likely to be beyond the control of services, personnel and
facilities of the City of San Juan Capistrano and require the combined forces of other
political subdivisions to combat; and the proclamation of a Local Emergency is
necessary to enable the City of San Juan Capistrano and other local government
entities to adequately plan, prepare and preposition resources to be able to
effectively respond to the threat posed by COVID-19, and to warn City of San Juan
Capistrano residents and visitors of the threat posed by COVID-19 and to enable
them sufficient time to plan and prepare; and
At the time of this proclamation, the City Council is not in session (and cannot
immediately be called into session).
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local
emergency exists in accordance with the findings set forth above, commencing on
or about the time and date of the signature of the Director of Emergency Services
below.
IT IS FURTHER PROCLAIMED AND ORDERED that 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, by
ordinances and resolutions of this City, and by the City's Emergency Operations
Plan.
IT IS FURTHER PROCLAIMED AND ORDERED that this local
emergency shall continue to exist not longer than seven days, unless this action is
further ratified by the City Council. The City Council shall terminate the local
emergency at the earliest possible date that conditions warrant.
IT IS FURTHER PROCLAIMED AND ORDERED that the Director of
Emergency Services of the City of San Juan Capistrano is hereby authorized to
execute for and on behalf of the City of San Juan Capistrano, any agreement or
application for, and to file the agreement with, the California Governor's Office of
Emergency Services for the purposes of obtaining federal financial assistance.
IT IS REQUESTED that the Governor of the State of California include
the City of San Juan Capistrano in any emergency declaration by the State; ensure
the City of San Juan Capistrano is included in any emergency declaration that may
be issued by the President of the United States of America; waive regulations that
may hinder response and recovery efforts; and make available California Disaster
Act and State Private Nonprofit Organizations Assistance Program Funding.
3 — Proclamation COVID-19
Date and time: _ er
By:
Di or of rge Services
l�enjamin Siegel
4 — Proclamation COVID-19