February 28, 2023
City Attorney's Office
DATE: February 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Shasa Curl, City Manager
Dave Aleshire, City Attorney
Subject:
Adoption of Resolution Terminating the Declaration of the Existence of a Local Emergency in Response to the
COVID-19 Pandemic, Consistent with Government Code
Section 8630(d) .
FINANCIAL IMPACT: Click or tap here to enter text.
PREVIOUS COUNCIL
ACTION:
March 17, 2020, May 5, 2020, July 21, 2020
STATEMENT OF THE
ISSUE:
Whether the City Council should consider terminating the Declaration of Existence of a Local Emergency in
Response to the Covid-19 Pandemic consistent with the
Expiration of the State of California’s Pandemic
Emergency on February 28, 2023.
RECOMMENDED ACTION:
ADOPT a resolution terminating the Declaration of the
Existence of a Local Emergency in response to the
COVID-19 pandemic, consistent with Government Code
Section 8630(d) – City Manager’s Office/City Attorney’s Office (Shasa Curl/Dave Aleshire 510-620-6509).
AGENDA
REPORT
February 28, 2023
INTRODUCTION:
Throughout the pandemic, the City Council has implemented immediate actions to protect the physical and mental health of Richmond residents, especially the most vulnerable populations, and to address the economic hardships faced by residents and businesses. Additionally, the City Council approved actions to ensure City of Richmond (City) operations continued, sick and quarantined employees and those impacted by the closure of schools and childcare facilities were supported, and all steps were taken to reduce employees’ exposure to COVID-19 in the workplace.
While the City will be managing COVID-19 for years to come, the days of managing it as an emergency are beginning to wane. This report provides information on the impacts of terminating the declaration of the existence of a local emergency.
DISCUSSION:
California Government Code Section 8630 and Richmond Municipal Code Section
2.20.060 empower the City’s 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 City Council ratifies the proclamation within seven days.
On March 17, 2020, the City Council of the City of Richmond ratified the March 10, 2020, proclamation of the City’s Director of Emergency Services (“Director”) declaring the existence of a local emergency arising out of impact of the COVID-19 pandemic.
This local emergency, which has remained in place to date, allowed the Director to issue rules and regulations designed to mitigate the effects of the pandemic on the health and safety of the City’s residents. These rules and regulations included the closure of City facilities, implementing remote work, and other related health and safety measures.
The impact of the pandemic has changed, largely due to the availability of vaccines for all ages and thanks to the health and safety measures, including mandates for wearing masks, closures of public buildings, and social distancing guidelines. In response to the decreased COVID-19 rates, the federal, state, and county governments have eased restrictions, including lifting mask mandates, and allowing full access to public facilities and events.
While COVID-19 is a dangerous infectious disease with the potential for severe impacts, the tools developed in the three-years since the local, state, and national declarations of emergency to manage our COVID response (for example, vaccinations and boosters; availability of tests; guidance on isolation periods for the infected) have improved outcomes, reduced hospitalizations and have provided residents with the knowledge necessary to manage their own risks.
February 28, 2023
Based on these positive developments and the continuing downward trend of pandemic conditions, the City is now able to consider ending the local emergency. On October 17, 2022, Governor Newsom announced that California's COVID-19 state of emergency would end on February 28, 2023. In a press release announcing the termination, the Governor's office stated that the lead time provides “state and local partners the time needed to prepare for this phaseout and set themselves up for success afterwards."
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.
As it has since March 2020, City staff members continue to evaluate the need to keep the emergency declaration in place to better protect the community. At the present time, COVID-19 cases appear to be declining. It is not clear that the protections under the City’s local emergency remain necessary to protect the health of Richmond’s residents. Instead, COVID-19 is going to be with us, and the City may be better served following Contra Costa County and the State of California’s lead. This includes the importance of continuing to use the tools we have to fight against COVID-19, including vaccines, boosters, testing, masking, quarantine and isolation when testing positive.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution