FOR THE COUNCIL MEETING OF FEBRUARY 21, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Assistant City Manager
SUBJECT: TERMINATION OF LOCAL EMERGENCY
RECOMMENDATION:
That the City Council adopt a Resolution terminating the local emergency declared in response to the COVID-19 pandemic pursuant to Resolution No. 2020-21.
BACKGROUND:
The necessary background for this item requires a summary of the past three years of actions related to the COVID-19 emergency.
On March 4, 2020, California Governor Newsom declared a State of Emergency to make resources available, formalize emergency actions already underway and enable departments to address COVID-19.
The County of Santa Barbara proclaimed a local public health emergency on March 12, 2020.
On March 19, 2020, Governor Newsom issued Executive Order N-33-20 requiring the sheltering -in -place of all California residents and the closure of all non- essential businesses.
On March 18, 2020, and again on April 1, 2020, the acting authority granted by Section 2-17.04 of the Municipal Code, the City Manager proclaimed the existence of a local emergency to protect and preserve the public's welfare.
On April 7, 2020, the City Council adopted Resolution No. 2020-21, proclaiming a local emergency and ratifying the proclamation of local emergency declared by the City Manager.
On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will be terminated on February 28, 2023.
DISCUSSION:
The conditions that drove the emergency response at the State and local levels have been substantially abated, and life and business have largely returned to the pre - pandemic status. With the State of California set to end the State of Emergency on February 28, 2023, this is an appropriate decision point for the City Council to consider terminating the local emergency.
Termination of the local emergency would result in the termination of the Resolutions described in the background section. There are several temporary modifications to
business operations that would return to pre -pandemic practices and policies. For example, certain signage, street closures, and outdoor dining would revert to established policies and would no longer be allowed as a general rule.
In consultation with the Chamber of Commerce, staff determined that there is minimal impact on businesses because of the State's termination of the State of Emergency, and many restrictions to business operations having already been lifted.
Alternatives
The City Council could choose not to end the local emergency, consistent with State action to end the State emergency. There are no significant benefits to describe for council consideration. The drawbacks of not ending the local emergency could include misalignment with State policy, which could make local implementation of policy guidance more challenging. Additionally, it may not reflect the abatement and lessening of the Covid-19 danger.
Environmental Review
The proposed services are administrative and would not result in direct or indirect changes to the physical environment, and are not defined as a project under CEQA (Section 15378(b)(5)).
Fiscal Considerations
This item has no fiscal impact on the City.
Impact to the Community
This item, as recommended, would have minimal community impact. It represents a return to the pre -pandemic status quo.
c
ANDREW S. HACK AN
Assistant City Manager
JASON STILWELL
City Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SANTA MARIA, CALIFORNIA
TERMINATING THE LOCAL EMERGENCY
DECLARED IN RESPONSE TO THE COVID-19 PANDEMIC
PURSUANT TO RESOLUTION NO. 2020-21
WHEREAS, Coronavirus Disease 2019 (COVID-19) is a communicable disease first detected in December 2019; and
WHEREAS, on January 30, 2020, the World Health Organization declared the COVID-19 outbreak a Public Health Emergency of International Concern. On January 31, 2020, the United States Secretary of Health and Human Services declared a Public Health Emergency to aid the nation in responding to COVID-19; and WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency to make resources available, formalize emergency action already underway across multiple state agencies, and enable agencies to address COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and
WHEREAS, the County of Santa Barbara proclaimed a local public health emergency on March 12, 2020; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20, requiring the sheltering -in -place of all residents in California, and the closure of all non -essential businesses; and
WHEREAS, California Government Code Section 8630 and City of Santa Maria Municipal Code Section 2-17.04 empower the City Manager and City Council to proclaim the existence of a local emergency to protect and preserve public welfare when the City is affected or likely to be affected by a public emergency or disaster; and WHEREAS, on March 18, 2020, renewed on March 25, 2020, and again on April 1, 2020, the City Manager acting as the Director of Emergency Services proclaimed the existence of a local emergency; and
WHEREAS, on April 7, 2020, the City Council adopted Resolution No. 2020-21, proclaiming a local emergency and ratifying the proclamation of local emergency declared by the City Manager acting as Director of Emergency Services; and WHEREAS, on October 17, 2022, Governor Newson announced that the COVID- 19 State of Emergency will terminate on February 28, 2023; and
WHEREAS, the City Council finds that the conditions of emergency or extreme peril to the safety of persons or property presented by the spread of COVID-19 have been abated to such a degree as to warrant termination of Resolution No. 2020-21 proclaiming the existence of a local emergency regarding COVID-19; and WHEREAS, during the existence of the local emergency, the Director of Emergency Services made local emergency orders to protect life and property. Those orders have expired or have been terminated, except for Local Emergency Order No. 2020-3 permitting temporary modifications to business operations, which was confirmed by the City Council on June 2, 2020 (Resolution No. 2020-42). Local Emergency Order No. 2020-3 permitting temporary modifications to business operations made by the local emergency proclamation shall also terminate; and
WHEREAS, on December 7, 2021 (Resolution No. 2021-131), the City Council adopted a Resolution directing that meetings of the City Council and City boards, commissions, and commissions may use teleconferencing as authorized by Government Code Section 54953(e)(1)(A), which was reconsidered and continued numerous times to promote social distancing and prioritize the public's health and well-being under Santa Barbara County Health Officer orders.
WHEREAS, it is the City Council's intent to cease the use of teleconferencing in conformity with Government Code Section 54953(e)(1)(A) once California's State of Emergency terminates, which is set to occur on February 28, 2023.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Santa Maria as follows:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. All actions of the Director of Emergency Services taken to provide for the protection of life and property during the City's declaration of a local emergency are confirmed and ratified.
Section 3. Pursuant to California Government Code Section 8630 and Santa Maria Municipal Code Section 2-17.04, the City Council hereby finds and declares that the Resolution proclaiming the existence of a Local Emergency (Resolution No. 2020-21), as enacted and issued by the Director of Emergency Services on March 18, 2020, March 25, 2020, and again on April 1, 2020, and ratified by the City Council on April 7, 2020, will terminate when California's State of Emergency ends, which is set to occur on February 28, 2023.
Section 4. Local Emergency Order No. 2020-3 permitting temporary modifications to business operations, which was confirmed by the City Council on June 2, 2020 (Resolution No. 2020-42), will terminate concurrently with the termination of the City's local emergency proclamation, which will happen when California's State of Emergency ends, which is set to occur on February 28, 2023.
Section 5. The City will cease conducting City Council and City boards, commissions, and committee meetings using teleconferencing in conformity with Government Code Section 54953(e)(1)(A) at the same time California's State of Emergency terminates, which is set to occur on February 28, 2023.
Section 6. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance with the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED by the City Council of the City of Santa Maria at a meeting of the City Council held on the 21st day of February 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
City Attorney
APPROVED AS TO CO
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Department Director