Title
Adoption of Resolution Continuing the Declaration of the Existence of a Local Emergency in Response to the COVID-19 Pandemic, Consistent with Government Code Section 8630(c). (City Manager 10021030)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Due to the variants of the virus emerging, the City of Alameda (City) and broader community are still experiencing operational impacts. Section 3-12 of the City Charter authorizes the City Council, with a 4/5 vote, to adopt, as an urgency measure, an ordinance for the immediate preservation of the public health or safety without following the procedures otherwise required prior to adoption of an ordinance. Government Code Section 36937 allows a city, including a charter city, to adopt an urgency ordinance to take effect immediately upon its adoption for the preservation of the public peace, health or safety upon a finding of facts constituting the urgency thereof.
On March 17, 2020, the City Council declared a local emergency through an urgency ordinance, which allowed staff to expeditiously respond to such emergency circumstances. On April 7, 2020, the City Council extended the declaration of a local emergency to be consistent with the duration of the State’s Emergency Declaration and directed staff to continue to respond appropriately to such declaration. Since that time, staff has regularly presented the City Council items related to the City’s response to the COVID-19 pandemic. Government Code Section 8630(c) requires that, “the governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.” Accordingly, in June 2020, September 2020, November 2020, January 2021, March 2021, April 2021, June 2021, July 2021, and September 2021 the City Council adopted a resolution continuing the declaration of a local emergency in response to the COVID-19 pandemic.
The City Council must review the need for continuing the local emergency at least once every 60 days. The November 2, 2021 City Council meeting is 46 days from the last City Council review, which occurred on September 7, 2021. If the continuation is approved, staff would plan to present the next review of the emergency declaration at the regular City Council meeting on December 21, 2021.
BACKGROUND/DISCUSSION
A novel coronavirus (named COVID-19 by the World Health Organization) was first detected in December 2019. The Center for Disease Control and Prevention (CDC) has stated that COVID-19 is a serious public health threat, based on current information. The exact modes of transmission of COVID-19, the factors facilitating human to human transmission, the extent of asymptomatic viral shedding, the groups most at risk of serious illness, the attack rate, and the case fatality rate all remain active areas of investigation. Although the vaccine for COVID-19 has been widely available, many are still unvaccinated.
In March of 2020, the City Council declared a local emergency in the city and directed staff to respond appropriately. On April 7, 2020, the City Council extended the declaration of a local emergency to be consistent with the duration of the State’s Emergency Declaration and directed staff to respond appropriately to such declaration. Government Code Section 8630(c) requires, however, that, “the governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.” Since the State’s declaration of emergency has remained in effect, the City Council has continued to adopt resolutions continuing the declaration of a local emergency in response to the COVID-19 pandemic.
Because the State’s declaration of emergency remains in effect and because the City Council will meet on November 2, 56 days into the review period, staff is recommending that the City Council adopt a resolution continuing the declaration of a local emergency. If approved, this extension would leave the local emergency declaration in place until November. At this time, unvaccinated individuals coupled with new variants of the virus are creating continued uncertainty. While requests for items that may be reimbursed by the Federal Emergency Management Agency (FEMA) have tapered off for the City at this time, staff is continuing to assess the need to continue to keep the emergency declaration in place as a way to better position the City for FEMA reimbursements.
As has been done since March 2020, staff will continue to present COVID-19 action items to the City Council regularly including staffing for City facilities, tenant protection, small business relief, a community fund, and the like.
ALTERNATIVES
• Adopt the resolution continuing the declaration of the local emergency, consistent with Government Code Section 8630(c).
• Do not adopt the resolution continuing the emergency declaration and declare the termination of the local emergency pursuant to Government Code Section 8630(d)
FINANCIAL IMPACT
There is no direct financial impact from the City Council continuing to declare a local emergency in response to the COVID-19 pandemic. However, the declaration of a local emergency could enhance the City’s ability to recover funds that are expended in response to the COVID-19 pandemic.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The Alameda Municipal Code Chapter 2-24 defines a local emergency as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the jurisdiction.” Government Code Section 8630 allows the City to declare a local emergency pursuant to an ordinance. Section 3-12 of the City Charter authorizes the City Council, with a 4/5 vote, to adopt, as an urgency measure, an ordinance for the immediate preservation of the public health or safety without following the procedures otherwise required prior to adoption of an ordinance. Government Code Section 36937 allows a city, including a charter city, to adopt an urgency ordinance to take effect immediately upon its adoption for the preservation of the public peace, health or safety upon a finding of facts constituting the urgency thereof. Finally, Government Code Section 8630(c) requires that, “the governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.”
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (common sense exemption) and 15321 (law enforcement activities).
RECOMMENDATION
Adopt a resolution continuing the declaration of the existence of a local emergency in response to the COVID-19 pandemic, consistent with Government Code Section 8630(c).
CITY MANAGER’S RECOMMENDATION
The City Manager recommends adoption of the resolution continuing the declaration of the local emergency response to the COVID-19 pandemic, consistent with Government Code Section 8630c due to the State’s declaration of emergency remaining in effect as of this date. If approved, an emergency declaration continuation will come back to City Council for consideration again in December.
By:
Gerry Beaudin, Assistant City Manager
Financial Impact section reviewed,
Annie To, Finance Director
cc: Eric Levitt, City Manager