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HomeMy WebLinkAbout2021-62 - Proclaiming the Termination of the Local Emergency Declared on March 15, 2020RESOLUTION NO. 2021-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY DECLARED ON MARCH 15, 2020 WHEREAS, as part of the State of California's response to address the global COVID-19 outbreak, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in which he identified concerns that "the number of persons requiring medical care may exceed locally available resources," "local authority is inadequate to cope with the threat posed by COVID-19," and that "conditions of Government Code section 8558(b), relating to the declaration of a State of Emergency, have been met," among other findings ("State of Emergency"); WHEREAS, on March 15, 2020, in response to the COVID-19 crisis, Newport Beach City Manager Grace Leung, who is the Director of Emergency Services ("Director of Emergency Services") for the City of Newport Beach ("City"), issued a Proclamation of Local Emergency that referenced the Governor's declared State of Emergency and stated that "the safety of persons within the territorial limits of the City of Newport Beach is in extreme peril based on the existence or threatened existence of COVID-19, within and/or around the City of Newport Beach" and further proclaimed that "no person shall enter, be within, or remain within, any building or area within the City of Newport Beach after receiving a written or oral order to either not enter or to leave such building or area from a peace officer," violation of which shall be a misdemeanor; WHEREAS, on March 18, 2020, the Newport Beach City Council ratified the Proclamation of Local Emergency by adopting Resolution No. 2020-25, which identified "conditions of extreme peril to the existence or threatened existence of COVID-19, within and/or around the City of Newport Beach," found that "the aforesaid conditions of extreme peril did warrant and necessitate the issuance" of the Proclamation of Local Emergency, authorized the Director of Emergency Services to take certain actions to protect the health, safety, and welfare of the public, and stated that the local emergency shall be deemed to continue to exist throughout the City of Newport Beach and the Order and Regulation shall remain in effect until the local emergency is terminated by proclamation of the City Council of the City of Newport Beach; WHEREAS, the original intent of the State of Emergency was to prevent catastrophic failure of the hospital system due to an anticipated surge in COVID-19 cases, described in the declared State of Emergency as a concern that "the number of persons requiring medical care may exceed locally available resources"; Resolution No. 2021-62 Page 2 of 3 WHEREAS, the County of Orange has been in the least restrictive yellow tier for over four weeks, the State of California has one of lowest COVID-19 case rates of any state and hospitalizations related to COVID-19, as of June 9, 2021, are near record lows with only 50 people out of 3.2 million residents being identified as hospitalized with COVID-19; WHEREAS, over 85% of people aged 65+ in Orange County have had at least one shot of the COVID-19 vaccine; WHEREAS, the cumulative COVID-19 case rate in Newport Beach is lower than all but seven Orange County cities; WHEREAS, the City plans to host multiple parades on the Fourth of July, which is a prompt for the City Council to assess what precautions, if any, are needed to protect the public from COVID-19 and to analyze whether the conditions of "extreme peril" due to a contagious disease still exist; and WHEREAS, the City Council has exercised due diligence and has determined that the conditions of extreme peril presented by the spread of COVID-19 have been abated to such a degree as to warrant the termination of the local emergency. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve as follows: Section 1: The City Council hereby proclaims that the local emergency that was declared on March 15, 2020, by the Director of Emergency Services, which was ratified by the City Council on March 18, 2020 via Resolution No. 2020-25, is hereby terminated. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2021-62 Page 3 of 3 Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 22nd day of June, 2021. ATTEST: W 1, �' 11JU Ce'iiar�i 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE o-- C Aaro C. Harp City Attorney ti ul NEW, BragAvO7 ayor %�fORtV1P STATE OF CALIFORNIA COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2021-62 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 22nd day of June, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of June, 2021. Leilani I. Brown City Clerk �E,W Fop) Newport Beach, California _4( ?