DAWN A. MCINTOSH
City Attorney
OFFICE OF THE CITY ATTORNEY
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
(562) 570-2200
Facsimile: (562) 436-1579
March 14, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
ORD-16
GARY J. ANDERSON
Assistant City Attorney
Recommendation to repeal Ordinance 20-0013, Long Beach Municipal Code Chapter 8.120 relating to Temporary Enforcement of Long Beach Health Orders Related to COVID-19. (Citywide)
DISCUSSION
This office has prepared and submits the above described Ordinance for your consideration.
On March 10, 2020 the Long Beach City Council responded to the emerging COVID-19 pandemic declaring that a local emergency, as defined in Government Code Section 8630 existed, and ratifying the declaration by the City Health Officer of a local health emergency, all with respect to the threat of a Novel Coronavirus (COVID-19) pandemic.
Long Beach Municipal Code Chapter 8.120 (LBMC Ch. 8.120) regarding Temporary Enforcement of Long Beach Health Orders Related to COVID-19 was adopted on May 12, 2020 to temporarily allow for civil, administrative, and/or criminal enforcement of Health Orders issued by the Long Beach Health Officer and promulgated by the City Manager to protect the public health, safety, and general welfare, and to mitigate the impacts of COVID-19.
LBMC Ch. 8.120 was initially adopted for 180 days from the effective date of the ordinance unless further extended by the City Council in its discretion. The City Council, in its discretion, extended LBMC Ch. 8.120 on November 17, 2020, January 1, 2021, August 17, 2021, and February 8, 2022. LBMC Ch. 8.120 has been inoperative since August 7, 2022 as it was not extended by the City Council after it expired by its own terms.
On February 21, 2023, the City Council terminated of the Local Emergency and the Local Health Emergency caused by COVID-19. There is no longer a need for enforcement of Long Beach Health Orders related to COVID-19 since the local emergency due to COVID-19 was terminated. This Office recommends repealing March 14, 2023
LBMC Ch. 8.120, as it is inoperative and no longer necessary to protect the public health, safety, and general welfare, and to mitigate the impacts of COVID-19.
SUGGESTED ACTION:
Approve recommendation.
TMA:kd
A23-00458
01494578.DOCX
ATTACHMENT: CITY COUNCIL ORDINANCE
Very truly yours,
DAWN A. MCINTOSH, City Attorney
By
Taylor M. Anderson
Deputy City Attorney
>- >, 0 w <I.) 0
z C: -
0:: '- LL
0 .8..c:N J-<(O>O
~ ~-0-~
·- L... 0)
~Og?-:i: - ::c _gi (.)
(.) Cl) ::J '
w O O -5 :cl-cc ro
1-zc:ID - ro cc LL (.) ID C
0 :a: 8 C:
w z '.:l S:2 s: 3;:
LL <l'. ...--
~o~
1 2
3 4
5 6
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH REPEALING ORDINANCE NO.
ORD-20-0013, CHAPTER 8.120
7 WHEREAS, on March 10, 2020 the Long Beach City Council responded to 9 10
11 8 the emerging COVID-19 pandemic declaring that a local emergency, as defined in Government Code Section 8630 existed, and ratifying the declaration by the City Health Officer of a local health emergency, all with respect to the threat of a Novel Coronavirus (COVID-19) pandemic; and
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 WHEREAS, Long Beach Municipal Code Chapter 8.120 (LBMC Ch. 8.120) regarding Temporary Enforcement of Long Beach Health Orders Related to COVID-19 was adopted as ORD-20-0013 on May 12, 2020 to temporarily allow for civil, administrative, and/or criminal enforcement of Health Orders issued by the Long Beach Health Officer and promulgated by the City Manager to protect the public health, safety, and general welfare, and to mitigate the impacts of COVID-19; and WHEREAS, LBMC Ch. 8.120 was initially adopted for 180 days from the effective date of the ordinance unless further extended by the City Council in its discretion; and
WHEREAS, the City Council, in its discretion, extended LBMC Ch. 8.120 on November 17, 2020, January 1, 2021, August 17, 2021, and February 8, 2022; and WHEREAS, LBMC Ch. 8.120 has been inoperative since August 7, 2022 as it was not extended by the City Council after it expired; and WHEREAS, on February 21, 2023, the City Council terminated of the Local Emergency and the Local Health Emergency caused by COVID-19; and WHEREAS, the provisions in LBMC Ch. 8.120, allowing for enforcement of Long Beach Health Orders related to COVID-19, are also no longer necessary since the 1 TMA:kd A23-00458 (2/16/23)
01494774.docx
>- >, 5 LU (I) o z C: -~ ,_ LL
0 ,g_s N
I- <( 0) g
~ ~-c,O
·- L- 0)
~ (.) g? <(
-::r:~0 (.) (/) :::s •
LU0°£ :c I- al ro 1-zc:(I) - ro al LL(_)(l)c
0 2 8 C:
LUz ._3
S:255
LL <(.,...
~o~
1 local emergency was terminated; and
2 NOW, THEREFORE, the City Council of the City of Long Beach ordains as 3 follows:
4 Section 1. Ordinance No. ORD-20-0013, Chapter 8.120 of the Long 5 Beach Municipal Code is hereby repealed.
6 Section 2. The City Clerk shall certify to the passage of this ordinance by 7 the City Council and cause it to be posted in three (3) conspicuous places in the City of 8 Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the g Mayor.
1 o I hereby certify that the foregoing ordinance was adopted by the City 11 Council of the City of Long Beach at its meeting of ____ , 2023, by the following 12 vote:
13 14 Ayes: Councilmembers:
15 16
17 18 Noes: Councilmembers:
19 20 Absent: Councilmembers:
21 22 Recusal(s): Councilmembers:
23 24
25 City Clerk
26 27
28 Approved:
TMA:kd A23-00458 (2/16/23)
01494774.docx
(Date) Mayor
2