HomeMy WebLinkAboutORD-2023-008-Amendment to the Code of Ordinances - Emergency Proclamations 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 7, 2023
Action Agenda
Item No. 6-c
SUBJECT: Amendment to the Code of Ordinances — Emergency Proclamations
DEPARTMENT: County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Draft Ordinance John Roberts, County Attorney, 245-
2318
PURPOSE: To present for first reading proposed ordinance amendments to Chapter 14
(Emergency Management and Emergency Services) of the Code of Ordinances.
BACKGROUND: During the COVID-19 pandemic, the Chair of the Board of Commissioners
issued an emergency proclamation in order to give greater authority to address the pandemic to
the County Manager and County departments. Pursuant to Section 14-39 of the Code of
Ordinances, the emergency proclamation was amended multiple times to address the ongoing
pandemic. Ultimately the emergency proclamation was continued through those amendments
for more than two years. During this time members of the Board of Commissioners expressed
concern with the length of the emergency proclamation and the lack of input from the full Board
of Commissioners.
The attached draft amendment attempts to address this concern, while keeping in place
substantial authority for the Chair, by limiting the time period the Chair may independently
extend emergency proclamations to thirty (30) days and to clarify that amendments to an
emergency proclamation include extensions of the duration. The draft provides that the Board
of Commissioners may vote to extend proclamations beyond this time period if the Board is
presented with sufficient information and data to do so. It has been the Board of
Commissioners' policy that it is necessary for the Chair, or Vice Chair if the Chair is unavailable,
to have substantial authority to declare and amend emergency proclamations for events during
which the Board of Commissioners may be unable to meet or assemble.
The subject chapter of the Code of Ordinances provides for misdemeanor penalties for
violations. For that reason the ordinance is subject to a first and second reading prior to
adoption.
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
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ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board consider and discuss the
ordinance on first reading.
RECOMMENDATION(S): The Manager recommends the Board discuss and approve on first
reading the proposed ordinance amendments to Chapter 14 (Emergency Management and
Emergency Services) of the Code of Ordinances, and direct staff to present the ordinance
amendments for second reading approval at the Board's February 21, 2023 Business meeting.
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ORD-2023-008
Sec. 14-39. -Superseding and amendatory proclamations.
a)The chair of the board of commissioners in their4 s discretion may invoke the restrictions
authorized by this article in separate proclamations, and may amend any proclamation by
means of a superseding proclamation in accordance with the procedures set forth in section 14-
32.
b) The chair may, upon the receipt of data and information sufficient, in the chair's discretion,to
make a determination to do so, amend a proclamation to extend for a period not to exceed
thirty (30) days. Should the chair determine an extension is necessary the chair shall,to the
extent practical prior to extending the proclamation, provide the board of commissioners with
all available data and information upon which the chair based their determination. Any
extension of a proclamation beyond thirty(30) days may only be made by majority vote of the
board of commissioners and shall be based on data and information sufficient for the board of
commissioners, in its discretion,to so do.
(Ord. of 9-18-1990, § 10, eff. 9-18-1990)
Sec. 14-40. -Termination of proclamation.
Any proclamation issued under this article shall expire five days after its last imposition unless sooner
terminated or extended in writing under the same procedures set forth in section 14-32 for
proclamations.
(Ord. of 9-18-1990, § 11, eff. 9-18-1990)