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 current swell in COVID-19 cases and continued impacts of variants of the virus, the City of Alameda (City) and broader community are still experiencing operational impacts from COVID-19. 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 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. 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, since June 2020, the City Council has been adopting regular resolutions that continue the declaration of a local emergency in response to the COVID-19 pandemic.
The September 6, 2022 City Council meeting is 56 days from the last City Council review, which occurred on July 12, 2022. If the continuation is approved, staff will present the next review of the emergency declaration at the regular City Council meeting on November 1, 2022.
BACKGROUND/DISCUSSION
COVID-19 was first detected late in 2019 and is a serious public health threat, according to the Center for Disease Control and Prevention (CDC). 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 and vaccine boosters for COVID-19 are widely available, many individuals remain unvaccinated and/or unboosted. As of August 11, 2022, the City of Alameda recorded a total of 12,304 COVID-19 cases since the start of the pandemic and 132 deaths.
Because the State’s declaration of emergency remains in effect and because the City Council will meet on September 6, 2022, 56 days into the review period, staff is recommending that the City Council adopt a resolution continuing the declaration of a local emergency.
At this time, the swell in local cases, individuals who are unvaccinated and/or who have not received their vaccine booster, and new variants of the virus being detected around the world 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 but not limited to staffing for City facilities, tenant protections, and small business relief.
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 activity is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15378(b)(2), because it involves general policy and procedure making, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
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).
Respectfully submitted,
Sarah Henry, Communications and Legislative Affairs Officer
Financial Impact section reviewed,
Margaret L. O’Brien, Finance Director
cc: Nancy Bronstein, Interim City Manager