RESOLUTION NO. ________
TERMINATING THE DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY IN RESPONSE TO THE COVID-19 PANDEMIC, CONSISTENT WITH GOVERNMENT CODE SECTION 8630(d)
WHEREAS, California Government Code Section 8630 and Richmond Municipal Code Section 2.20.060 empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Richmond is affected or likely to be affected by a public calamity and the City Council is not in session, provided that the emergency proclamation is ratified by the City Council within seven days; and
WHEREAS, conditions of disaster or extreme peril to the safety of persons and property arose within the City, commencing on March 10, 2020, caused by the introduction in Contra Costa County of coronavirus disease 2019 (“COVID-19”), an infectious disease which had become a pandemic; and
WHEREAS, the Director of Emergency Services of the City of Richmond declared the existence of a local emergency on March 10, 2020, and the declaration was approved by the Richmond City Council on March 17, 2020; and
WHEREAS, upon the declaration of a state of emergency, Richmond Municipal Code Section 2.20.060A(6)(a) empowered the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of life and property, provided the rules and regulations were confirmed at the earliest practicable time by the City Council; and
WHEREAS, on March 16, 2020, the Governor of the State of California, in accordance with the authority vested in him by the State of California and the statutes of the State of California, issued Executive Order N-28-20 that, among other things, suspended any provision of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential evictions; and
WHEREAS, in order to bolster the Governor's Executive Order N-28-20, Richmond's Director of Emergency Services issued a First Supplement to Resolution No. 18-20 ("Supplemental Order") by ordering a temporary moratorium on (1) no-fault evictions and (2) evictions for non-payment of rent by residential tenants impacted by COVID-19. The Supplemental Order went into effect on March 17, 2020, and lasts during the local state of emergency; and
WHEREAS, on March 19, 2020, Governor Gavin Newsom issued Executive Order N- 33-20, which directed residents of California to follow state public health directives to stay home or at their place of residence to preserve the public health and safety and capabilities of the healthcare delivery system; and
WHEREAS, on March 27, 2020, Governor Gavin Newsom issued Executive Order N- 37-20, which extended the tenant's time to respond to a summons and complaint where the tenant notifies the landlord in writing and retains verifiable documentation supporting changed financial circumstances due to COVID-19; and
WHEREAS, on April 21, 2020, the Contra Costa County Board of Supervisors voted unanimously to enact an urgency ordinance that temporarily prohibited evictions of tenants in Contra Costa County impacted by COVID-19; and
WHEREAS, on April 27, 2020, the City of Richmond City Manager issued an Order which, among other things, suspended an owner’s ability to increase residential real property rent through May 31, 2020; and
WHEREAS, on May 5, 2020, the Richmond City Council ratified the Director of Emergency Services' Second Supplemental Order (Resolution No. 41-20) that adds protections for commercial properties for evictions and freezes residential rent increases through May 31, 2020, or to a date as determined by the Director of Emergency Services if Contra Costa County's Urgency Ordinance No. 2020-14 is extended; and
WHEREAS, on May 18, 2020, the Contra Costa County Health Officer extended the shelter-in place order, restricting many activity, travel and business functions; and
WHEREAS, on May 26, 2020, the City of Richmond City Manager extended her April 27, 2020, Order, setting it to expire on July 15, 2020; and
WHEREAS, on July 14, 2020, the City of Richmond City Manager extended her April 27, 2020, Order, setting it to remain in effect until the City Council took action to extend the Order to a date certain, terminate the Order or decline to extend the Order; and
WHEREAS, on July 21, 2020, the City of Richmond City Council ratified the City Manager’s July 14, 2020, extension and Ordered that the extension expire on September 30, 2020; and
WHEREAS, on October 1, 2020, the City of Richmond City Manager’s April 27, 2020, extended Order expired; however, Richmond residents remained covered under Contra Costa County’s eviction and rent moratorium, which, among other things, suspended owners’ ability to increase rents; and
WHEREAS, the State of California’s COVID-19 Pandemic Emergency is set to expire on February 28, 2023; and
WHEREAS, on February 7, 2023, the Contra Costa County Board of Supervisors voted to terminate, effective February 28, 2023, the local emergency throughout Contra Costa County proclaimed by the Board of Supervisors on March 10, 2020, due to the COVID-19 pandemic, consistent with the end of the statewide state of emergency; and
WHEREAS, the City Council finds that the conditions that existed in March 2020 that led to the initial declaration of a local emergency no longer support continuing that declaration; and
WHEREAS, adoption of this resolution is exempt from review under the California Environmental Quality Act Guidelines, Section 15378 (not a project) and Section 15061(b)(3) (no significant environmental impact).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does resolve, declare, determine, and order the following:
Section 1. The City Council finds and determines that the foregoing recitals to be true and correct and hereby incorporates them in this resolution.
Section 2. The City Council declares that the continuation of the previously declared local emergency relating to COVID-19 is no longer appropriate given that the conditions no longer warrant such a proclamation and as a result such declaration of local emergency is hereby terminated.
Section 3. This resolution is effective immediately upon its passage and adoption.
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I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney