Loading...
HomeMy WebLinkAboutCC Reso 2020-14 - Ratifying Proc 20-01 Declaring Emergency RESOLUTION NO. 2020-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, RATIFYING PROCLAMATION NO. 20-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY THE CITY COUNCIL OF THE CITY OF UKIAH DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Ukiah City Code Section 5125 empowers the City Manager, as the Director of Emergency Services for the City of Ukiah, 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, as a result of the increasing threat of infection by the novel coronavirus, COVID-19, on March 17, 2020, the City Manager issued a Proclamation Declaring the Existence of a Local Emergency in the City of Ukiah ("Emergency Declaration") for the reasons set forth in the Emergency Declaration; and WHEREAS,the City Council adopts the findings in the Emergency Declaration; and incorporates them into this Resolution as though set forth in full; NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Ukiah as follows: A. The City Manager's Proclamation of Local Emergency No. 2020-01 dated March 17, 2020, and orders contained therein, is hereby ratified. B. As contemplated in the Emergency Services Act contained in Government Code Section 8550, et seq., including Section 8558(c), and Division 6, Chapter 2 of the Ukiah City Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by an epidemic, as detailed in the recitals set forth above, including the recitals in the Emergency Proclamation, a true and correct copy of which is attached hereto. C. The area of the City which is endangered/imperiled is the entire City. D. 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 and by ordinances, Page 1 of 2 resolutions, and orders of this City, including, but not limited to, the City of Ukiah emergency operations plan. E. During the existence of this local emergency, the City Manager or his designee is authorized to take whatever other action is authorized under the Ukiah City Code and state and federal law, subject to any required authorization from the City Council, consistent with this Resolution and its basic purposes. F. This local emergency shall be deemed to continue to exist and shall be reviewed at least once every 60 days until its termination is proclaimed by the City Council per California Government Code section 8630. G. The City Clerk shall forward a copy of this resolution and the emergency proclamation to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Ukiah; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah on the 18th day of March, 2020 by the following roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSTAIN: None ABSENT: None Dd6glas F. rane, Mayor ATTEST: Kristine Lawler, City Clerk Page 2 of 2 PROCLAMATION NO. 2020-01 A PROCLAMATION BY THE CITY MANAGER OF THE CITY OF UKIAH, CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Ukiah City Code("UCC") Section 5125 empowers the City Manager of the City in his capacity as 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 the City Council is not in session: 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, 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, from its emergence in China the virus is spreading at an increasing rate and the World Health Organization ("WHO"), Center for Disease Control ("CDC"), the federal government, California state government and cities and counties throughout the state have been responding with increasingly restrictive measures in an effort to delay or curtail the spread of the disease; and WHEREAS, Chinese health officials have reported tens of thousands of cases of COVID-19 in China, with the virus reportedly spreading from person-to-person. COVID- 19 illnesses, most of them associated with travel from Wuhan; 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 J� Proclamation No. 2020-1 Page 1 of 5 community in responding to COVID-19. On March 4, 2020 the County of Mendocino 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, the City has been monitoring the events as described herein and preparing to protect its residents and its officers and employees from this contagion to the best of its ability since January 2020; and WHEREAS, in response to the increasing likelihood that COVID-19 will infect residents of the City and Mendocino County, the City activated its Emergency Operations Center on March 10, 2020; and WHEREAS, on February 2, 2020, the federal government initiated the suspension of entry.of foreign nationals who were in China during the 14-day period preceding their entry or attempted entry into the United States. United States citizens, residents, and their immediate family members who were in China during the 14-day period preceding their entry into the United States are permitted entry, but are redirected to one of 11 airports where the CDC has quarantine stations to undergo health screening. Depending on their health and travel history, they will have some level of restrictions on their movements for 14 days from the time they left China. On February 29, 2020, the President expanded restrictions to include all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States, with additional restrictions being imposed on travel from Europe as of March 11, 2020; and WHEREAS, as of March 17, 2020, the CDC reported that, to date, 194,508 confirmed cases of COVID-19, 7,893 of which resulted in death, across 142 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 Health on March 11, 2020 issued a statement entitled "California Public Health Experts: Mass Gatherings Proclamation No. 2020-1 Page 2 of 5 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, on March 13, 2020, the President of the United States issued a proclamation declaring the COVID-19 outbreak in the United States as a national emergency, beginning March 1, 2020; and WHEREAS, under the authority of Health and Safety Code Sections 101085 and 120175, the Mendocino County Health Officer issued an order effective at 12:00 a.m. on Tuesday, March 17, 2020, and continuing until 11:59 p.m. on April 7, 2020, prohibiting nonessential public or private gatherings of 50 people or more in Mendocino County ("County") and nonessential public or private gatherings between 10 and 50 persons unless hosts or sponsors implement COVID-19 risk mitigation measures prescribed in the Order; and WHEREAS, the City of Ukiah has the power to impose measures to promote social distancing including but not limited to limitations on public events; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen due to the potential introduction of COVID-19 to the City of Ukiah and Mendocino County; and WHEREAS, such conditions are beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and Proclamation No. 2020-1 Page 3 of 5 WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases, to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an increasing number of individuals requiring medical care and hospitalization; and WHEREAS, if COVID-19 spreads in California at a rate comparable to the rate of spread in other countries, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the community, and limits the spread of infection in the community and within the healthcare delivery system; 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; and WHEREAS, the City Manager, as the City's Director of Emergency Services, has the power to declare a local emergency as authorized by Government Code section 8630 and UCC §5122; NOW, THEREFORE, IT IS PROCLAIMED AND ORDERED by the City Manager, the Director of Emergency Services for the City of Ukiah, as follows: A. As contemplated in the Emergency Services Act contained in Government Code Section 8550 et seq., including Section 8558(c), and Division 6, Chapter 2, Article 3 of the Ukiah City Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by an epidemic, as detailed in the recitals set forth above. B. The area of the City which is endangered/imperiled is the entire City. C. 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 and by ordinances, resolutions, and orders of this City, including but not limited to the City of Ukiah emergency operations plan and Division 6, Chapter 2, Article 4 of the Ukiah City Code. Proclamation No. 2020-1 Page 4 of 5 D. The City Council shall review and ratify this proclamation within 7 days as required by state law, and if ratified, shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency as required by state law until it terminates the local emergency and shall terminate the local emergency at the earliest possible date that conditions warrant. E. The City of Ukiah orders that, within the boundaries of the City, the public health orders from the Health Officer for the County of Mendocino along with any orders from the State of California and federal government shall be deemed mandatory. F. That a copy of this proclamation be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Ukiah; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. PROCLAIMED this 17th day of March, 2020. <4 It - �', �zx� v� — S&`agXSkrTg'5aQKmo, City Manager Davi app rt, C ty A orney Director of Emergency Services, City of Ukiah ATTEST: if , Kiristine Lawler, City Clerk Proclamation No. 2020-1 Page 5 of 5