RESOLUTION 2020- 127
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) AND CONFIRMING THE ACTIONS OF THE DIRECTOR
OF EMERGENCY SERVICES
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 Council to proclaim the existence of a " Local Emergency;" and to review the continuing need for such proclamation until the emergency is terminated;
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 13, 2020), the City Council of the City of San Pablo adopted Resolution 2020- 034 ( attached) on March 16, 2020 proclaiming the existence of a local emergency due to the Novel Coronavirus ( COVID- 19) pandemic;
WHEREAS, the Governor of California has issued several executive orders including Executive Order N-33-20 on March 19, 2020 directing all residents in the State of California 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 Californians;
WHEREAS, the Federal Government has 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 continue; WHEREAS, on April 29, 2020, pursuant to Contra Costa Health Department Order No. HO-COVIDI9- 09, the shelter -in -place order was continued until May 31, 2020; Resolution 2020- 127 Page 1
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 individuals; thus, creating superspreader' events when people are in close proximity; WHEREAS, on May 18, 2020, pursuant to Contra Costa Health Department Order No. HO-COVIDI9- 14, the shelter -in -place order was continued although allowing some businesses to reopen under certain conditions;
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 June 28, 2020, the Governor recommended that Contra Costa County delay reopening efforts given increasing Covid- 19 numbers:
o 75% increase in hospitalized COVID-19 patients from June 15 to June 29; o 7-day average of COVID-19 cases increased from 38 to 87 per day with increase in percentage of positive tests (4% to 6%);
o 55% who tested positive in June were 40 years or younger compared to 38% in April;
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 business; WHEREAS, on July 11, 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-19, 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- 19 transmission rates continue to rise throughout the State;
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- 19 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- 19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe;" Resolution 2020- 127 Page 2
WHEREAS, on September 4, 2020, the County Public Health Department recognized some stabilization in the rate of COVID- 19 cases and hospitalization and issued Health Order HO-COVIDI9- 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 gatherings; 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 audiences; 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; 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 system. Moving into the red tier allows the following sectors can reopen with modifications:
Places of worship, restaurants, movie theaters and museums can be operated indoors at 25% capacity or 100 people, whichever is less Gyms can reopen indoors at 10% capacity
All personal care services, including massage, can move indoors Indoor shopping malls can operate at 50% maximum occupancy ( instead of 25%).
Indoor retail stores can now operate at 50% capacity ( instead of 25%) Outdoor playgrounds;
WHEREAS, Contra Costa County remains on the State's watch list in the red tier with substantial infections at 6.5 cases per day per 100,000 over last 7 days with 7-day lag and 3. 5% positive tests ( September 29, 2020);
WHEREAS on April 6, 2020, pursuant to Resolution No. 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:
1. Emergency Services Order No. 1 issued March 23, 2020, which addressed operational issues during the emergency including a Modified City Operations Plan dated March 19, 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 activities;
Resolution 2020- 127 Page 3
WHEREAS, on April 20, 2020, pursuant to Resolution No. 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:
Revised Modified City Operations Plan dated April 8, 2020 further limiting access to City Administrative Offices and essential services occurring at City facilities; and continuing to cancel all City -sponsored community events and gatherings perthe Governor's State-wide ExecutiveOrdersNo. N-25-20 (03/12/20) and No.
N-33-20 (03/19/20) and Contra Costa County Health Department Order no. #HO- COV ID- 19- 03 ( 03/ 31 / 2020);
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, 2020;
3. City of San Pablo Administrative Policy — Limited Duration Telework Policy dated April 1, 2020;
WHEREAS, on May 4, 2020, pursuant to Resolution No. 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:
1. 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/ 17/ 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 resume; and
3. City Essential Business/Project Updates dated May 4, 2020; WHEREAS, onMay18, 2020, pursuantto ResolutionNo. 2020-060, the CityCouncil extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. Memorandum dated May 7, 2020 to implement COVID-19 Informational Hotline for San Pablo residents;
WHEREAS, on June 1, 2020, pursuant to Resolution No. 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:
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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 No. 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:
1. Memos from the City Manager and Assistant City Manager: " Expectations of Employees Returning to Work" dated June 3, 2020; " Protocols for Social Distancing -- COVID- 19 Response Plan" dated June 3, 2020; " COVID- 19 Health Screenings" dated June 3, 2020; and
2. Revised Modified City Operations Plan dated June 4, 2020; WHEREAS, on July6, 2020, pursuantto ResolutionNo. 2020-086, the CityCouncil extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services; and
WHEREAS, onJuly20, 2020, pursuantto ResolutionNo. 2020-094, the CityCouncil 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 Health Screening and Protocols for candidates and those involved with ballot measures who need to come to City Hall;
WHEREAS, the Cityhas also establisheda City hotlinefor assistancewith COVID- 19 resources and questions;
WHEREAS, on August 3, 2020, pursuant to Resolution No. 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:
1. CityCouncilMeetingProtocolsat City Hall duringCOVID-19 Emergency; WHEREAS, On September8, 2020, pursuantto ResolutionNo. 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 No. 2020-112, the City Council confirmed an agreement with Contra Costa County to provide financial support for the COVID-19 Youth/YoungAdult Ambassadorsto be trained about COVID-19 and then to prepareandpost messagesaboutCOVID-19 on social media;
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WHEREAS, on September 8, 2020 per Resolution No. 2020-116, the City Council amended the City Council Priority Workplan to explore the feasibility of a financial assistancegrant or loan programfor localSan Pablo businessesaffectedby the COVID- 19pandemicin collaborationwiththe San PabloEDC (San PabloEconomicDevelopment Corporation);
WHEREAS, on September 21 2020, pursuant to Resolution No. 2020-123, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services; and
WHEREAS, on September 21, 2020, the City Council also adopted Ordinance 2020- 010 repealing Ordinance 2020-006, which suspended automatic approval deadlines during the COVID-19emergency. The City Council also approved Resolution 2020-124 extending the HousingAssistanceGrantProgramand Resolution2020-125creatinganAd HocCity Council Committee to address COVID- 19 issues;
WHEREAS; as of September 28, 2020, there were 16, 702 confirmed cases of COVID-19 in Contra Costa County, and 206 deaths. As of September 27, 2020, there were 802, 308 confirmed cases of COVID- 19 in California with 15, 587 deaths. As of September 28, 2020, the CDC's data was only current through September 21, 2020, and there were 7,095, 422 cases of COVID- 19 in the United States with 204, 328 deaths; WHEREAS, San Pablo continues to be identified as a " hot spot" with 1, 458 confirmed COVID-19 cases at an increasingly high rate of 4,641 cases per 100,000 population. Currently, San Pablo has the highest per capita number of COVID-19 cases in the Countyand hasthefifth highesttotal numberof COVID-19casesin the County; 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 limited cash reserves and are not positioned to take on more debt to survive COVIDI9 and shelter -in -place orders; microbusinessesare more likelyto 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- 100% range, with layoffs and revenue losses hitting low - wage workers the hardest with impacts in the following industries: food and beverage; retail and personal services; hospitality/leisure/entertainment; WHEREAS, manySanPabloresidentshaveexperiencedjob lossor reducedhours due to COVID- 19 and shelter -in -place orders;
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WHEREAS, ContraCostaCountyoverallsaw an increasein unemploymentfrom a Marchunemploymentrate of 4.1 percentto an April unemploymentrate of 14.5 percent, withnearly3.7 millionCaliforniansfilingfor unemploymentduringthe first six weeksof COVID-19pandemicandthenationseeingthehighestlevelofunemploymentin70years; WHEREAS, accordingto the EastBay EDA, there were25,560jobs lostin the East Bayduring Marchand April, representingnearly30% of job cuts in the nine -county Bay Area. However, the Urban Institute estimated 45, 666 low- income jobs ( annual earnings below $40,000) lostjust in ContraCostaCountythrough May8, 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 individuals;
WHEREAS, to address these economic impacts and the critical need that residents remainsheltered during the pandemicto decrease the transmissionof COVID-19, on
April27, 2020, the City Counciladopted Urgency Ordinance No. 2020-008 temporarily prohibitingevictionsofresidentialandcommercialrealpropertytenantsimpactedbythe COVID-19 pandemicandestablishinga moratoriumon rentincreases. In addition, on May 4, 2020, pursuantto ResolutionNo. 2020-054, theCityCouncilapprovedtheguidelinesfor a grantprogramfor residentsfinanciallyimpactedby COVID-19; WHEREAS, on June 29, 2020, the City Council increased the grant for COVID HousingAssistanceProgramforFY2019/20 (ResolutionNo. 2020-081) andestablisheda COVID Housing Assistance Program for FY 2020/21 (Resolution No. 2020- 082); WHEREAS, the City of San Pablo is losing $2. 34 million in revenue for each month that Casino San Pablo is closed due to the shelter -in -place orders, in addition to $1. 3 million everymonthfromotherCityrevenuesources, forcinga hiringfreeze, suspensionofallnon- essential spending and layoff of part-time employees;
WHEREAS, the economicrecoveryfrom COVID-19 and its impactsare estimated to be in terms of years not months;
WHEREAS, in addition, the nation is experiencing civil unrest in the wake of the deathof George Floydwhile detainedby a Minneapolispolice officer on May 25, 2020, which has led to peacefulprotests, but also to some riotingand lootingin neighboring communitiesin violationof shelter -in -place and social distancingordersthat couldfurther exacerbate the spread of COVID-19 and placing additional demands on public safety resources, which are already taxed by COVID- 19 issues; WHEREAS, on June 2, 2020, Contra Costa County declared a local emergency due to civil unrest and issued a Countywide curfew that included both incorporatedand unincorporated areas, which has since been terminated;
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WHEREAS, on August 16, 2020, the Governor declared a State of Emergency due to "extreme heat" and then on August 18, 2020, declared a State of Emergency due to the wildfiresragingthroughouttheState. Herein ContraCostaCounty, the airqualityhasbeen poor causing further health issues;
WHEREAS, the City Manager/Director of Emergency Services recommends that the CityCouncilextendthe declarationof a localemergencyandconfirmthe actionstakenby the Director of Emergency Services since September 21, 2020; and 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 causedby COVID-19 including not only health impactsbut economic impactswith many residentshavingjobs eliminatedor hours reduced, as well as impacts to the City's own financialcondition; these conditionsare or are likely to be beyondthe 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 suchextremeperilto warrantand necessitatethe proclamationof the existenceof a local emergency.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Pablo
1. 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 deemed to continue to exist until its termination is proclaimed by the City Council of the City of San Pablo;
2. All actions taken by the Director of Emergency Services and City Manager in response to this local emergency are confirmed;
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- 034; and
4. Within the next thirty ( 30) days, a report on the most recent conditions of emergencyand disastershall be presentedto this City Councilso that this City Council may determine whether conditions of emergency and disaster still exist.
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ADOPTED this 5thday of October 2020, by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
Cg- 1;-07
LaTanya Fisher, Acting Deputy City Clerk
Kinney, Pineda, Xavier,
Pabon- Alvarado and Cruz
None
None
None
APPROVED:
Arturo M. Cruz, Mayor
Resolution 2020- 127 Page 9