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CITYMANAGER'SOFFICE
1000 Gateway Avenue
San Pablo, CA 94806
CITY.SAN PABLO
City agnew Directions
TO MAYOR AND CITYCOUNCIL
FROM:
DATE:
SUBJECT:
MATT RODRIGUEZ, CITY MANAGER
TUESDAY, JUNE 21 , 2022
AGENDA CORRESPONDENCE FOR REGULAR CITY COUNCIL MEETING
AGENDA FOR TUESDAY, JUNE 21 , 2022
AGENDA ITEM #25: (#22-278)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO CALIFORNIA.
EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO NOVEL CORONAVIRUS (COVID-19); DETERMINING THAT THE CI'TY COUNCIL AND OTHER
BROWN ACT BODIES IN THE CI'TY OF SAN PABLO CONTINUE TO MEET REMOTELY THROUGH SEPTEMBER 30. 2022 DUE TO COVID-19 SOCIAL DISTANCING
RECOMMENDATIONS FROM THE CONTRA COSTA HEALTH DEPARTMENT UNDER ASSEMBLY BILL 361 FINDINGS; AND CONFIRMING THE ACTIONS TAKEN BY THE DIRECTOR OFEMERGENCYSERVICES.
CITYMANAGERRECOMMENDATION
Adopt revised Resolution
LAST MINUTE AGENDA CORRESPONDENCE
Updated guidance from Contra Costa County Health Services (CCCHS) officials was issued on 06/14/22 on conducting open public meetings for local public agencies (See Attachment).
As a result, City staff has revised the Resolution to acknowledge this new public health guidance issued as part of the policy discussion, and any forthcoming City Council direction by majority vote scheduled this evening under this agenda item.
As submitted
Matt Rodriguez, City Manager
Date: 06/21/22
Attachments:
(1) Revised Resolution
(2) CCHS Guidance on Open Public Meetings (issued 06/14/22) 1 000 Gateway e San Pablo, CA 94806
Main: 5 1 0-2 1 5-30 1 2 e Fax: 5 1 0-620-0204
www.SanPabloCA,gov
RESOLUTION 2022-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO, CALIFORNIA,
E)MENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO NOVEL CORONAVIRUS (COVID-19); DETERMINING THAT THE CITY COUNCIL AND OTHER
GROWN ACT BODIES IN THE CITY OF SAN PABLO CONTINUE TO MEET REMOTELY THROUGH SEPTEMBER 30, 2022 DUE TO COVID-19 SOCIAL DISTANCING
RECOMMENDATIONS FROM CONTRA COSTA HEALTH DEPARTMENT UNDER ASSEMBLY BILL 361 FINDINGS; AND CONFIRMING THE ACTIONS OF THE
DIRECTOROFEMERGENCYSERVICES
WHEREAS, Government Code Section 8558 provides for a "State of Emergency" or a "Local Emergency" when conditions as "air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than the conditions resulting from a labor controversy," which conditions are likely to be beyond the control of the services, personnel, equipment and facilities of any single entity or of a particular political subdivision and require the combined forces of other political subdivisions to combat;
WHEREAS. Government Code Section 8630 authorizes the City Councilto proclaim the existence of a "Local Emergencyl" and to review the continuing need for such proclamation until the emergency is terminatedl
WHEREAS, the Emergency Operations Center (EOC) for the City of San Pablo was activated on Monday, March 16, 2020 due to the Novel Coronavirus ("COVID-19"); WHEREAS, following declarations of emergency by the State of California (March 4, 2020), Contra Costa County (March 16, 2020) and the Federal government (March 131 2020), the City Council of the'City of San Pablo adopted Resolution 2020-034 On March 16, 2020 proclaiming the existence of a local emergency due to the Novel Coronavirus (COVID-19) pandemic;
WHEREAS, the Governor of California issued several executive orders including Executive Order N-33-20 on March 1 9, 2020 directing all residents in the State of Calif ornia stay at home except as needed to maintain continuity of. operations of essential critical infrastructure sectors and as designated by the State Public Health Officer as critical to protect health and well-being of all Californiansl
WHEREAS, the Federal Government also issued Federal orders and directives in response to COVID-19;
WHEREAS, the Contra Costa Health Services Officer, in conjunction with other Bay Area Health Officers, issued on March 31 , 2020 further Shelter-in-Place orders through May 3, 2020 with additional limitations on essential services that could continued Resolution 2022-XXX Page 1
WHEREAS, on April 29, 2020, pursuant to Contra Costa Health Department Order HO-COVIDI 9-09, the shelter-in-place order was continued until May 31 , 20201No WHEREAS, these governmental actions were taken to "flatten the curve" of the infection rate to avoid overwhelming limited medical resources, especially given the particular challenge with of a high infection rate for asymptomatic individualsl thus, creating superspreader" events when people are in close proximity; WHEREAS, on May 18, 2020, pursuant to Contra Costa Health Department Order No. HO-COVIDI 9-14, the shelter-in-place order was continued although allowing some businesses to reopen under certain conditionsl
WHEREAS, the Bay Area shelter-in-place order was then extended through May 31 , 2020 with the current Contra Costa County Health Department Order dated June 5. 2020 extending the shelter-in-place orders, but with increasing allowance for certain businesses and other activities to occur following certain conditions, recognizing the goals of the Governor's announcement on May 4, 2020 of a "Roadmap for Recovery"; WHEREAS, on July 5, 2020, Contra Costa Health Services Officer issued Order HO- COVIDI 9-22 generally requiring members of the public and workers to wear face coverings when less than 6 feet away from any person who is not a member of the individual's household and when inside or on the grounds of any businessl WHEREAS, on July 1 1 , 2020, the Contra Costa Health Services Officer issued HO- COVIDI 9-24 increasing restrictions on high risk activities and businesses due to increasing community transmissions of COVID-1 9, hospitalizations, illness and positivity rate; ' WHEREAS, on July 13, 2020. the California Department of Public Health provided guidance on closure of various sectors because COVID-1 9 transmission rates continue to rise throughout the Stated
WHEREAS, on August 5, 2020, the Contra Costa Health Services issued an updated Mass Isolation Order and on August 26, 2020 issued a revised social distancing order to allow certain business sectors to begin outdoor operations in light of steadying hospitalization and COVID-1 9 positivity rates in Contra Costa County; and ' ' WHEREAS. on August 28, 2020, the State issued a new Public Health Order dated August 28, 2020 effective August 31 , 2020, which created a new tier system of Counties with guidance for business re-openings known as "California's Plan for Reducing COVID- 1 9 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe;" WHEREAS, on September 4, 2020, the County Public Health Department recognized some stabilization in the rate of COVID-1 9 cases and hospitalization and issued Health Order HO-COVIDI 9-27 to reiterate social distancing, limitations on gatherings and mask requirements, but also to ease restrictions on some gatherings of children, to allow mining and logging operations and to clarify vehicle gatheringsl Resolution 2022-XXX Page 2
WHEREAS, on September 14, 2020, the County Public Health Department issued Health Order HO-COVID19-28 to align with state guidelines for personal care services, cardrooms, racetracks and professional sports without live audiencesl WHEREAS, on September 16, 2020, the County Public Health Department issued Health Order HO-COVID19-29 to align with CDC guidelines on quarantining if exposed to someone with COVID-19, including exceptions for health care workers, first responders, and critical infrastructure workers to continue working if certain conditions are met, with such guidance superseded on October 8, 2020, when the County Public Health Department issued Health Order HO-COVIDI 9-32 to update its Mass Quarantine Order to comply with the State of California Public Health Officer's guidance on who is considered a close contact or non
WHEREAS, on September 29, 2020, the Contra Costa Health Department announced that Contra Costa County had moved into the less restrictive red tier ("substantial" spread of COVID-19) of the State's four-tiered, color-coded reopening systemsS
WHEREAS. on October 6, 2020, the State's Blueprintfor a Safer Economy included a "health equity metric" that will also be used to determine a county's tier to ensure California reopens its economy safely by reducing disease transmission in allcommunities, particularly given higher COVID rates among communities of color; WHEREAS, as of October 27, 2020, Contra Costa County moved into the orange tier with moderate infections at 4.1 cases per day per 100,000 and 1 .9% positive testsl however, the positivity rate in those in the lowest health equity quartile is 3.9%; WHEREAS, on November 16, 2020, in light of increasing COVID infection and hospitalization rates throughout the United States, including California, twenW'eight counties were moved back into the purple/widespread infection tier 1, including Contra Costa County;
WHEREAS, on December 3, 2020, the California Department of Public Health issued a Regional Stay at Home Order based on the increasing rate of COVID-19 cases, hospitalizations and positivity rates across California; WHEREAS, the Bay Area Region, including Contra Costa County, implemented the State's Stay at Home Order from December 6, 2020 untiIJanuary 25, 2021, with the County reverting to the purple-tier of widespread infection;
WHEREAS, on March 15, 2021 , the County moved into the red-tier allowing more openings of businesses and schoolsl
WHEREAS, on April 7, 2021 , the County moved into the orange tier (moderate risk of infection) given decreasing cases and hospitalizations and increasing vaccination rates, Resolution 2022-XXX Page 3
allowing additional business and community sectors to open and subsequently aligned with the State's guidelines on the wearing of masksl ' ' '
WHEREAS, Contra Costa County notified the City on May 5, 2021 that the testing facility at Davis Park would now be run by a State contractor, Logistics Health Incorporated/Optum, and that the County would cover Logistics Health under its insurance and the parties extended the MOU for this use to September 30, 2021 pursuant to a Second Amendment to the Agreement with the County;
WHEREAS, on May 5, 2021 , Contra Costa County aligned with the State on relaxing mask requirements, but continued to support some masking requirements through June WHEREAS, on June 1 1 , 2021 , the State Public Health Officer issued a new Order indicating that on June 15, 2021, the State will move "Beyond the Blueprint for a Safer Economy" and eliminate the color-coded tier system for counties, along with further mask guidance with CalOSHA developing new workplace COVID-1 9 regulationsl WHEREAS, on July 16, 2021 , due to increasing case and hospitalization rates, the Contra Costa Health Officer along with other Bay Area Health Officers recommended that everyone consider wearing face coverings whenever they enter indoor public spaces, regardless of their vaccination statusl
WHEREAS, on September 9, 2021, the federal government announced that all employers with more than 1 00 employees would be required to ensure that their workplace is fully vaccinated or that unvaccinated employees provide proof of a negative test weekly; WHEREAS, Assembly Bill 361 was passed to allow teleconferencing during a proclaimed state of emergency in certain circumstances, including if State or local officials have imposed or recommended measures to promote social distancing (e.g. during apandemic) ; WHEREAS, on September 20, 2021, Contra Costa Heath Services Department provided recommendations for safely holding public meetings given the COVID-19 pandemic signed by Health Officer Chris Farnitano, MD with the Department's primary recommendation is: "On-line meetings (teleconferenced meetings) are strongly recommended as those meetings present the lowest risk of transmission of SARS-CoV-2. the virus that causes COVID-1 9";
WHEREAS. under County Health Order HO-COVID19-60 dated December 27. 2021, Emergency First Responders are required to have a COVID-19 booster to be deemed "fully vaccinated" or undergo weekly testingl
WHEREAS, due to increasing infection rates (County transmission level is back to red:high) and increasing hospitalization rates, masks were required in all indoor public settings regardless of vaccination status as of December 28, 2021 ; Resolution 2022-XXX Page4
WHEREAS, as the State and County have announced the lifting of the mask mandate for many indoor venues as of February 16, 20221 although, businesses and operators may still require masks and masks are encouraged to decrease the risk of transmission;
WHEREAS, on March 1 , 2022, Contra Costa Heath Services Department updated its recommendations for safely holding public meetings given the COVID-19 pandemic with the Department's primary recommendation continuing to be that: "On-line meetings (i.e. teleconferenced meetings) are strongly recommended as these meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-1 9"l WHEREAS, on May 13, 2022, as the Bay Area experienced a "new swell of COVID cases and hospitalizations" and the state's "highest COVID infection rates," the health officers in Contra Costa County and eleven other Bay Area jurisdictions (City and County of San Francisco, the Counties of Alameda, Marin, Monterey, Napa, San Benito, San Mateo, Santa Clara, Santa Cruz and Sonoma, and the City of Berkeley) issued a statement "stressing the importance of taking safety precautions," (2) "reiteratlingl their continued. strong support for people to mask up indoors, keep tests handy, and ensure they are up to date on vaccinations by getting boosters when they are eligible," (3) reminding the public that "masking is strongly recommended by the California Department of Public Health for most indoor public settings," and(4) encouraging "limiting large gatherings to wellventilated spaces oroutdoors"l
WHEREAS turning to City actions, on April 6, 2020, pursuant to Resolution 2020- 042, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
l Emergency Services Order No. I issued March 23, 2020, which addressed operational issues during the emergency including a Modified City Operations Plan dated March 1 9, 2020; and
2. Revised Modified City Operations Plan dated April 1 , 2020, declaring certain City projects as "Essential Governmental Functions/Public Works Projects" and further limiting activitiesl
WHEREAS, on April 20, 2020, pursuant to Resolution 2020-051, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
l Revised Modified City Operations Plan dated April 8, 2020 further limiting access to City Administrative Offices and essential services occurring at City facilitiesl and continuing to cancel all City-sponsored community events and gatherings per the Governor's State-wide Executive Orders No. N-25-20 (03/1 2/20) and No. N-33-20 (03/1 9/20) and Contra Costa County Health Department Order No. #HO-COVI0-19-03(03/31/2020);
Resolution 2022-XXX Page 5
2 City of San Pablo Administrative Policy - Coronavirus (COVID-19): Families First Coronavirus Response Act (FFCRA) and Emergency Family and Medical Leave Expansion Act (EFMLE) dated April 1 , 20201
3 City of San Pablo Administrative Policy
April 1 , 20201
Limited Duration Telework Policy dated
WHEREAS, on May 4, 2020, pursuant to Resolution 2020-055, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
l Revised Modified City Operations Plan dated April 20, 2020 regarding face coverings in response to Contra Costa County Health Department Order No. #HO-COVID-19-08(04/1 7/2020) ;
2 Revised Modified City Operations Plan dated April 30. 2020 in response to Contra Costa County Health Department Order No. #HO-COVID-19-09 (04/29/2020) extending the shelter-in-place order to May 31, 2020 but allowing some businesses and activities to resumed and
3 City Essential Business/Project Updates dated May 4. 2020 WHEREAS, on May 18, 2020, pursuant to Resolution 2020-060, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
l Memorandum dated May 7, 2020 to implement COVID-19 Informational Hotline forSan Pabloresidentsl
WHEREAS, on June 1, 2020, pursuant to Resolution 2020-068, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
l Letter dated May 22, 2020 to the Contra Costa County Health Services Department re: Casino San Pablo Notification to Re-Open and discussion with Contra Costa County Health Officials;
WHEREAS, on June 15, 2020, pursuant to Resolution 2020-077, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
l Memos from the City Manager and Assistant City Manager: "Expectations of Employees Returning to Work" dated June 3, 20201 "Protocols for Social Distancing -- COVID-19 Response Plan" dated June 3, 20201 "COVID-19 Health Screenings" dated June 3, 20201 and
Resolution 2022-XXX Page 6
2 Revised Modified City Operations Plan dated June 4, 2020 WHEREAS, on July 6, 2020, pursuant to Resolution 2020-086, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Servicesl and
WHEREAS, on July 20, 2020, pursuant to Resolution 2020-094, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
l COVID-1 9 Health Screening and Protocols for candidates and those involved with ballot measures who need to come to City Hall.
WHEREAS, the City has also established a City hotline for assistance with COVID 19 resources and questionsland
WHEREAS, on August 3, 2020, pursuant to Resolution 2020-105, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
l City Council Meeting Protocols at City Hall during COVID-19 Emergency WHEREAS, On September 8, 2020, pursuant to Resolution 2020-115, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. "COVID-19 Hot Zone and Employee Reporting in the Workplace" dated August 6, 2020
WHEREAS, on September 8, 2020 per Resolution 2020-112, the City Council confirmed an agreement with Contra Costa County to provide financial support for the COVID-19 Youth/Young Adult Ambassadors to be trained about COVID-19 and then to prepare and post messages about COVID-19 On social medial WHEREAS, on September 8, 2020 per Resolution 2020-116, the City Council amended the City Council Priority Workplan to explore the feasibility of a financial assistance grant or loan program for local San Pablo businesses affected by the COVID- 19 pandemic in collaboration with the San Pablo EDC (San Pablo Economic Development Corporation) ;
WHEREAS, on September 21 2020, pursuant to Resolution 2020-123, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services; and
Resolution 2022-XXX Page 7
WHEREAS, on September 21, 2020, the City Councilalso adopted Ordinance 2020- 010 repealing Ordinance 2020-006, which suspended automatic approval deadlines during the COVID-19 emergency. The City Councilalso approved Resolution 2020-1 24 extending the Housing Assistance Grant Program and Resolution 2020-1 25 creating an Ad Hoc City Council Committee to address COVID-1 9 issuesl
WHEREAS, on October 5, 2020, pursuant to Resolution 2020-1 27, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Servicesl and
WHEREAS, on October 21, 2020, pursuant to Resolution 2020-131, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Servicesl and
WHEREAS, on November 2, 2020, pursuant to Resolution 2020-136, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Service since the last meeting, including but not limited to:
l Coronavirus COVID-19 Update and Revised City Modified Operations Plan (Version #9 dated October 28, 2020)
WHEREAS, on November 2, 2020, pursuant to Resolution 2020-135, the City Council also authorized a one-time event sponsorship of $3,000 for the Free COVID-19 Testing Event available to the public scheduled for Saturday, November 7, 2020; and WHEREAS, on November 16, 2020, pursuant to Resolution 2020-139, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Sewice since the last meetings and WHEREAS, on November 16, 2020, pursuant to Resolution 2020-143, the City Council also approved a memorandum of agreement with Contra Costa Health Services to create of COVID-1 9 testing site at the Davis Park Multi-purpose room; and WHEREAS, on December 7, 2020, pursuant to Resolution 2020-154, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings and WHEREAS, on December 21, 2020, pursuant to Resolution 2020-159, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings and WHEREAS, on January 19, 2021 , pursuant to Resolution 2021 -02, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings
Resolution 2022-XXX Page 8
WHEREAS, on February 2, 2021 , pursuant to Resolution 2021 -10, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings
WHEREAS, on February 1 6, 2021 , pursuant to Resolution 2021 -14, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting including but not limited to:
l City's Revised Modified Operations Plan dated February 4, 2021 to implement stricter mask wearing requirement at City facilities;
WHEREAS, on March 1, 2021, pursuant to Resolution 2021-19, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings
WHEREAS, on March 1, 2021, pursuant to Resolution 2021-20, the City Council also authorized a letter agreement with Contra Costa County to continue providing financial support of up to $4,200 for San Pablo youths to continue participating in the COVID-19 Youth and Young Adult Ambassadors program;
WHEREAS, on March 15, 2021 , pursuant to Resolution 2021-024, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting, including but not limited to including but not limited to the promulgation of the Temporary Administrative Policy regarding COVID-1 9 Families First Coronavirus Response Act (FFCRA) - Temporary City Extended Leave
WHEREAS, on March 15, 2021 , pursuant to Resolution 2021-028, the City Council decided to cancel certain City-sponsored large-scale events for calendar year 2021 due to the COVID-19 pandemic;
WHEREAS, on April 5, 2021, pursuant to Resolution 2021-033, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings
WHEREAS, on April 5, 2021, pursuant to Resolution 2021-038, the City Council entered into an amended Memorandum of Agreement with the County to provide a framework for the County Public Health Department and City Manager to mutually agree to the use of additional City facilities for COVID-1 9 testing or vaccination sitesl WHEREAS, on April 5, 2021, pursuant to Resolution 2021-033, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting;
Resolution 2022-XXX Page 9
WHEREAS, on April 19, 2021, pursuant to Resolution 2021-047, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings
WHEREAS, on May 3, 2021, pursuant to Resolution 2021-053, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings
WHEREAS on May 17, 2021, pursuant to Resolution 2021-057, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting including but not limited to:
l
2 the COVID-19 Prevention Program required by CalOSHA; and Logistic Health Incorporated as agent of the County running the Davis Park COVID-19 testing facilityl
WHEREAS, on June 7, 2021, pursuant to Resolution 2021-066, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting including but not limited to:
l
2 City Proposed Re-Opening Plan for Local Government Services v.I I issued May 1 3, 2021 by the City Manager/Director of Emergency Servicesl and Revised COVID-19 Supplemental Sick Leave Policy dated May 17, 2021 as authorized by the federal American Rescue Plan Act and the State Senate Bill 95 and
WHEREAS, on June 21 , 2021, pursuant to Resolution 2021-075, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings
WHEREAS, on July 6, 2021, pursuant to Resolution 2021-093, the City Council approved the implementation of the "Welcome Back Reopening Plan" dated July 1 , 2021 , which opened City parks and fields as of July 1 , 2021 and amended the Preliminary Re- opening phases to have Phase ll of City employees working full-time in City facilities starting August 1 6, 2021 1
WHEREAS, on July 19, 2021, pursuant to Resolution 2021-095, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting including but not limited to:
l
2 Worksite-Specific COVID-19 Plan dated July 1 , 2021
Second Amendment to the MOU with the County to extend COVID-1 9 testing at Davis Park to September 30, 2021 1
Resolution 2022-XXX Page 10
WHEREAS, on August 2, 2021 , pursuant to Resolution 2021 -1 01 , the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meetings
WHEREAS, on September 7, 2021, pursuant to Resolution 2021-107, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last City Council meeting including but not limited to:
l Modified City Operations Plan version 1 3 dated August 4, 2021 -- Due to a surge in COVID-19 infection rates in part caused by the Delta variant and stagnating vaccination rates, the City implemented a revised Modified Operations Plan that addressed:
a. Compliance with more stringent Cal-OSHA Emergency Temporary Standards (ETS) due to employee outbreaks of COVID-19
b. Mandatory submission of COVID-1 9 Employee Vaccination Forms c. Postponement of Phase ll to September 15, 2021 in City's adopted Welcome Back Re-opening Plan
2 Modified City Operations Plan version 1 4 dated August 24, 2021 that is effective September 1 , 2021 , City employees who are unvaccinated or refuse to provide vaccination status information will be required to be tested at least weekly. This step was taken in part due to increasing number of COVID-19 cases and exposures among City employees, which require the City to follow stricter Cal- OSAH requirements related to masking and social distancing to reduce COVID- 19 exposures.
3. Extended the County's use of the Davis Park Community Center for testing until December 31 , 2021 ;
WHEREAS, on September 21, 2021, pursuant to Resolution 2021-121, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting, including but not limited to:
l Revised Modified City Operations Plan version 15 dated September 3, 2021 -- Due to a surge in COVID-19 infection rates in part caused by the Delta variant and stagnating vaccination rates, the City implemented a revised Modified Operations Plan that requires elected officials to provide proof of vaccination or a negative COVID-1 9 test within prior 72 hours of entering a City facility, worksite orevent
WHEREAS, on September 29, 2021, at a Special City Council meeting, the City Council determined that the City Council and other San Pablo Brown Act bodies continue to meet remotely due to COVID-1 9 social distancing recommendations from Contra Costa Health Department;
Resolution 2022-XXX Page 11
WHEREAS, on October 4, 2021 , pursuant to Resolution 2021 -1 29, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all in accordance with Assembly Bill 361 's revisions to the Brown Act to address remote meetings during emergenciesl and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meetings
WHEREAS, on October 18, 2021, pursuant to Resolution 2021-131, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-19 social distancing recommendations from Contra Costa Health Department; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
l Revised Modified City Operations Plan version 16 dated September 14, 2021 regarding rules for those entering City facilities and participating in City programsl
WHEREAS, on November 1, 2021, pursuant to Resolution 2021-141, the City Council extended the declaration of a local emergencyl determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-1 9 social distancing recommendations from Contra Costa Health Departments and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
l Revised Modified City Operations Plan version 17 dated October 14. 2021 regarding rules for those entering City facilities and participating in City programsl
WHEREAS, on November 15, 2021, pursuant to Resolution 2021-147, the City Council extended the declaration of a local emergencyl determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-1 9 social distancing recommendations from Contra Costa Health Department; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meetings
WHEREAS, on December 6, 2021, pursuant to Resolution 2021-152, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-1 9 social distancing recommendations from Contra Costa Health Department; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
Resolution 2022-XXX Page 12
l Execution of a Third Amendment to Memorandum of Agreement with the County for use of Davis Park Community Center for COVID-19 testing until December 31 , 2021 which the City Council confirmed on September 7, 2021 .
2. Authorization of a Fourth Amendment to Memorandum of Agreement with the County for use of Davis Park Community Center for COVID-19 testing under March 31 , 20221
WHEREAS, on December 20, 2021, pursuant to Resolution 2021-161, the City Council extended the declaration of a local emergencyl determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-1 9 social distancing recommendations from Contra Costa Health Departments and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meetings
WHEREAS, on January 18, 2022, pursuant to Resolution 2022-007, the City Council extended the declaration of a local emergencyl determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-19 social distancing recommendations from Contra Costa Health Department; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
l Revised Modified City Operations Plan version 18 dated January 7, 2022 regarding rules for those entering City facilities and participating in City programs including the shutting down of City administrative offices for the week of January 1 0, 2022 and directing applicable City staff to work remotelyl and 2 City Administrative Policy for COVID-19 Vaccination or Mandatory Testing revised January 7, 2022, including that all new City employees must be vaccinated unless granted medical or religious exemption; WHEREAS, on February 7, 2022, pursuant to Resolution 2022-01 8, the City Council extended the declaration of a local emergencyl determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-19 social distancing recommendations from Contra Costa Health Departments and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
l Revised Modified City Operations Plan version 19 dated January 13, 2022 regarding rules for those entering City facilities and participating in City programs including the shutting down of City administrative offices until January 31 , 2022 and directing applicable City staff to work remotelyl
WHEREAS, on February 22, 2022, pursuant to Resolution 2022-029, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and Resolution 2022-XXX Page 13
confirmed the additional actions taken by the Director of Emergency Services those actions taken since the last Council meetings
including
WHEREAS, on March 7, 2022, pursuant to Resolution 2022-034, the City Council extended the declaration of a local emergencyl determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meetings
WHEREAS, on March 21 , 2022, pursuant to Resolution 2022-039, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotelyl and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meetings
WHEREAS, on April 4, 2022, pursuant to Resolution 2022-049, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
l Fifth Amendment to the Memorandum of Agreement with Contra Costa County for Mutual Aid Assistance Provided in Response to the COVID-19 Pandemic including the continued use of the Davis Park testing site through May 31 , 20221 WHEREAS, on April 18, 2022, pursuant to Resolution 2022-0063, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
l Revised Modified City Operations Plan version 20 dated April 1 2, 2022 regarding rules for in-person City Council. Council Standing Committees and Commission meetings, for those entering City facilities and participating in City programs with the exception of extending remote meetings for the City Council and Brown Act bodies through June 30, 2022 (which will be reflected in a Modified City Operations Plan version 20A);
Administrative Sick Leave Policy for City employees dated April 7, 2022; Revised COVID-19 Prevention Program dated April 18, 20221 2 3
WHEREAS, on May 2, 2022, pursuant to Resolution 2022-064, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through June 30, 2022; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
Resolution 2022-XXX Page 14
l Revised Modified City Operations Plan version 20A dated April 28, 2022 modifying Revised Modified Operations Plan version 20 dated April 1 2, 2022 in the following ways: (a) extending remote meetings for the City Counci.I and Brown Act bodies through June 30, 2022 as directed by the City Councils (b) clarifying that the term "fully vaccinated" under the Plan refers to individuals who completed, at least two weeks before, all COVID-19 vaccine series recommended by the CDC excluding booster shots, and (c) encouraging (but not requiring) all staff and members of the public to receive CDC- recommended booster shotsl
WHEREAS, on May 16, 2022, pursuant to Resolution 2022-067, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through June 30, 2022: and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
l Revised Modified City Operations Plan version 20B dated May 11, 2022, modifying Revised Modified Operations Plan version 20A dated April 28, 2022.'to eliminate the COVID-19 vaccine requirement for youth under the age of 1 2 who participate in City Programs and remove the masking requirement for outdoor components of such programs;
WHEREAS, on June 6, 2022, pursuant to Resolution 2022-071, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through June 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all, as the City Council previously directed; and confirm the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting, including but not limited to:
l Revised Modified City Operations Plan version 21 dated May 31 , 2022, which became effective on June 6, 2022 upon approval by the City Council. Under that revised plan, to ensure that the Police Department can file critical vacancies while aligning with public health guidance issued by Contra Costa County Health Services, the City strongly encourages but no longer requires newly-hired San Pablo Sworn Officers to be fully vaccinated.
WHEREAS. as set forth in the staff reports and presentations accompanying each Resolution extending the declaration of a local emergency and as reported.in federal, state and county public health websites, the COVID-19 cases and deaths continue to rise with San Pablo continuing to be identified as a "hot spot" with a high per capita rate of confirmed COVID-1 9 cases in Contra Costa Countyl although, the vaccination rate is increasingl and WHEREAS, according to the East Bay Economic Development Alliance's (East Bay EDA) Business Recovery Survey Results published on May 19, 2020, 80% of East Bay businesses are "microbusinesses" employing fewer than 10 employees, which often have Resolution 2022-XXX Page 15
limited cash reserves and are not positioned to take on more debt to suwive COVIDI 9 and shelter-in-place ordersl microbusinesses are more likely to be minority- or women-owned compared to larger businesses; nearly 40% of the survey respondents were temporarily closed because they were not considered "essential" and 42.3% of West Contra Costa County businesses temporarily closed;
WHEREAS, eleven out of fifteen surveyed West Contra Costa County businesses indicated staff reductions in the 75-1 00% range, with layoffs and revenue losses hitting low- wage workers the hardest with impacts in the following industries: food and beverage retail and personal servicesl hospitality/leisure/entertainment and many San Pablo residents have experienced job loss or reduced hours due to COVID-1 9 and shelter-in-place orders; WHEREAS, Contra Costa County overall saw an increase in unemployment from a March unemployment rate of 4 I percent to an April unemployment rate of 14.5 percent. wth nearly 3.7 million Californians filing for unemployment during the first six weeks of COVID-1 9 pandemic and the nation seeing the highest level of unemployment in 70 years; WHEREAS, according to the East Bay EDA, there were 25,560 jobs lost in the East Bay during March and April,. representing nearly 30% of job cuts in the nine-county Bay Area. However, the Urban Institute estimated 45,666 1ow-income jobs (annual # . J
earnings
below $40,000) lost just in Contra Costa County through May 8, 2020; ' ' WHEREAS, it was reported in the LA Times on August 21, 2020 that California's unemployment rate is at 13.3% with 3 million on unemployment and 202,136 new claims in the week prior to the article. Contra Costa County's rate is 14.5% with 77,600 unemployed individualsl
WHEREAS, on December 14. 2020, the website for the State's Employment Development Department (EDD) showed that California's unemployment ' rate in September 2020 was 1 1 .0% with 2,058,800 unemployed individuals, butthat data was from September 1 2 before the current shut down. In February 2021 , the unemployment rate in California was 8.5%l ' ' '
WHEREAS: California's July 2021 unemployment rate of 7.6% was 5.6 percentage points lower than it was in July 2020; although, new unemployment claims continued ' WHEREAS, to address these economic impacts and the critical need that residents remain sheltered during the pandemic to decrease the transmission of COVID-19. on April.27, 2020, the City Council adopted Urgency Ordinance 2020-008 temporarily prohibiting evictions of residential and commercial real property tenants impacted by the COVID-19 pandemic and establishing a moratorium on rent increases. In addition. on May 4, 2020. pursuant to Resolution 2020-054, the City Council approved the guidelines for a grant program for residents financially impacted by COVID-1 91 WHEREAS, on June 29, 2020, the City Council increased the grant for COVID Housing Assistance Program for FY 2019/20 (Resolution 2020-081) and established a Resolution 2022-XXX Page 16
COVID Housing Assistance Program for FY 2020/21 (Resolution 2020-082), which was extended on January 19, 2021 , pursuant to Resolution 2021 -006 and further extended to June 30, 2021 pursuant to Resolution 2021 -031;
WHEREAS, on June 7, 2021, pursuant to Resolution 2021-082, the City Council increased the grant amounts for 2020/21 to $2,000 per eligible household. In addition, the City Council pursuant to Resolution 2021 -083, extended the Housing Ass stance grant program at $2,000 per eligible household to September 30, 2021 0r until grant.funds run out, whichever is sooner;
WHEREAS, on October 21, 2020, pursuant to Resolution 2020-133, the City Council established and approved program guidelines for the San Pablo "Back to Business" COVID-19 Relief Fund to offer forgivable loans to small businesses with the San Pablo Economic Development Corporation administering the program with funds that were reallocated from the City's Community Grant Foundation programs WHEREAS, the City of San Pablo lost $2.34 million in revenue for each month that Casino San Pablo was closed and continues to lose revenue with modified Casino operations due to public health restrictions, in addition to $1 .3 milton every month from other City revenue sources, forcing a hiring freeze, suspension of all non-essential spending and layoff of part-time employees;
WHEREAS, the economic recovery from COVID-19 and its impacts are estimated to be in terms of years not months;
WHEREAS, the City received the 2021 payment of $3.7 million of funding from.the Prior ties and Allocations based on further staff analysis of ARPA eligible fund expensesl WHEREAS. on October 4, 2021, pursuant to Resolution No. 2021-130, the City Council allocated the ARPA funds to a separate fund with $3,706,733 earmarked for City revenuelosses;
WHEREAS on April 4, 2022, pursuant to Resolutions Nos. 2022-055 and 2022-056, the City Council allocated and appropriated ARPA funding of $7,413,4677 for critical programs and projects;
WHEREAS, in addition, since May 2020, the nation experienced civil unrest in the wake of the death of George Floyd while detained by a Minneapolis police officer on May 25, 2020, which has led to peaceful protests, but also to some rioting and looting in neighboring communities in violation of shelter- in-place and social distancing orders that could further exacerbate the spread of COVID-1 9 and placing additional demands on public safety resources, which are already taxed by COVID-1 9 issues; Resolution 2022-XXX Page 17
WHEREAS on September 20
provided recommendations for
pandemic signed by Health Officer
updated by the County's
March 1 , 2022, April 15, 2022,
\JIJrle 14, 2022. The
(teleconferenced meetings)
the lowest risk of transmission of
2021 , Contra Costa Heath Services Department
meetings given the COVID-19
ris Farnitano. MD. These recommendations were
Ori Tzvieli, MD on February 2, 2022,
16, 2022, and most recentlv on
is: "On-line meetings
as those meetings present
virus that causes COVID-19."
safely holding public
ch
subsequent Health Officer
'9
iaye
Department's primary recommendation
are encouraged, where practical
SARS-CoV-2, the
WHEREAS, the City Manager/Director of Emergency Services recommends that the City Council extend the declaration of a local emergency;'determine that the City Council and other Brown Act bodies in the City of San Pablo continue to meetremotely throughSeptember 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all; and confirm the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting, including but not limited to:
l Revised Modified City Operations Plan version 22 dated June 14, 2022, which becomes effective on June 21 , 2022 upon approval by the City Council ' Under that revised plan:.all City Brown Act willcontinue to meet remotely in accordance with Assembly Bill 361 requirements. '
WHEREAS, the City Council of the City of San Pablo hereby finds conditions of extreme peril to the health and safety of persons and property have continued within the City of San Pablo caused by COVID-19 including not only health impacts but economic impacts with many residents having jobs eliminated or hours reduced, as well as impacts to the City s own financial condition; these conditions are or are likely to be beyond the control of the services, personnel. equipment, and facilities of the City of San Pablo and require the combined forces of other political subdivisions to combat; and these conditions are of such extreme peril to warrant and necessitate the proclamation of the existence of a local emergency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Pablo l A local emergency continues to exist throughout the City of San Pablo commencing on or about 7:00 am on Monday, March 16, 2020 and shall be ofdeemed to continue to exist until its termination'is proclaimed by the City Council 2 All actions taken by the Director of Emergency Services and City Manager in response. to this local emergency since the last City Council'meeting areconfirmed; ' ' Resolution 2022-XXX
3 During the existence of said local emergency, the Director of Emergency Services and the Emergency Organization of the City shall continue to have the duties and responsibilities as set forth in Resolution 2020-0341 4 In compliance with Assembly Bill 361 and the revised Government Code section 54953(e), the City Council has reconsidered the circumstances of the state of emergency and determines that the City Council, Local Successor Agency, City Housing Successor Agency, City of San Pablo Joint Powers Financing Authority, City Council Standing Committees, and Commissions subject to the Brown Act shallcontinue to provide a phone-in/video-conference option through September 30, 2022 for participation given the following findings:
a. The emergency continues to impact the ability of the City Council, its Standing Committees and Commissions. as well as the staff and members of the public, from meeting safely in persona and
b. The Contra Costa County Health Department recommends holding on-line (teleconferenced or video-conferenced) meetingsl and
5 Within the next thirty (30) days, a report on the most recent conditions of emergency and disaster shall be presented to this City Council so that this City Council may determine whether conditions of emergency and disaster still exist and whether the City Counciland Brown Act bodies of the City of San Pablo shall continue to be conducted remotely.
ADOPTED this 21st day of June 2022, by the following votes AYES:
NOES:
ABSENT:
ABSTAIN
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
ATTEST: APPROVED
Dorothy Gantt, City Clerk Rita Xavier, Mayor
Resolution 2022-XXX Page 19
ANNA M. ROTH, RN. MS. MPH
HEATH SERVKES DIRECTOR
Om Tzvin.i. MD
HEALY OFFKER
OFFICE OF THE DiRictoK
1 220 Morello. Suite 200
Martinez. CA 94553
Ph (925)957-5403
Fax (925>957-2651
CONTRA COSTA
HEALTH SERVICES
Recommendations for safely holding public meetings
Each localgovernment agency is authorized to determine whether to hold public meetings in person, on-line(teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.
1. online meetings(i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as ofJune 14, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it's subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person
3. Awritten safety protocol should be developed and followed. It is recommended that the protocol require socialdistancing, where feasible -- i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of allattendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.
4. Seating arrangements should allow forstaff and members of the publicto easily maintain at least six-foot distance from one another at allpracticable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easierto space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Revised 6-14-2022
Sefanit Meku ria, MD, MPH
Deputy Health Officer, Contra Costa County
Contra Costa Behavioral Health Services e Contra Costa Emergency Medical Services + Contra Costa Environmental Health & Hazardous Materials Programs e e Contra Costa Hearth. Housing & Homeless Services + Contra Costa Health Plan + Contra Costa Public Health + Contra Costa Regional Medal Center & Health Centers p