Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: `UP—' Raymond A. Casey, City Manager
50 Sherrie M. O'Connell, Emergency Services Coordinator FOR: City Council Meeting of February 28, 2022
SUBJECT: Extending the Existence of a Local Emergency Due to the COVID-19 Pandemic
RECOMMENDATION:
That City Council review the need to continue the local emergency, thereby recognizing the continued existence of perilous conditions as a result of the COVID-19 pandemic and direct staff as deemed appropriate.
COVID-19 PANDEMIC BACKGROUND/DISCUSSION:
The Coronavirus Disease 2019, known as COVID-19 ("COVID-19"), is an infectious disease caused by a novel (new) coronavirus known as severe acute respiratory syndrome coronavirus 2 ("SARS-CoV-2"). The disease was first identified in China in late 2019 and has spread globally.
The first cases in California were confirmed in the end of January 2020.
On March 4, 2020, Governor Gavin Newsom declared a state-wide state of emergency due to the spread of COVID-19. On March 10, 2020, the San Bernardino County Department of Public Health proclaimed a Public Health Emergency, and the Board of Supervisors issued a Proclamation of Local Emergency. On March 11, 2020, the World Health Organization declared the COVID-19 outbreak to be a pandemic. On March 13, 2020, the President of the United States declared a national state of emergency.
On March 18, 2020, the City Council held an emergency meeting and adopted Resolution No. 2020-16, declaring the existence of a local emergency due to the spread of COVID-19.
Government Code Section 8630(c) requires the City Council to review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.
Since the City's proclamation of emergency, various orders and/or recommendations have been implemented by the State of California, San Bernardino County, and the City (e.g., stay at home orders, prohibitions on social gatherings, closing of non-essential businesses and public venues, imposing social distancing measures and requiring face coverings. -34-
City Council Agenda Report
Extending Local Emergency Due to the COVID-19 Pandemic
For Meeting of February 28, 2022
Beginning June 15, 2021, all sectors in the Blueprint Activities and Business Tiers Chart, from the California Department of Public Health, were permitted to return to usual operations, in compliance with Cal OSHA Emergency Temporary Standards and other statewide agency guidelines, with limited public health restrictions, such as masking and testing or vaccination verification requirements for large-scale higher -risk events. The State's Emergency Declaration is, however, still in effect at this time.
Through the COVID-19 Pandemic, the City has provided creative options to give flexibility to businesses and organizations that are impacted as a result of the reduced capacity for indoor operations through the approvals of Executive Orders 20-02, 20-03, and 20-04. These Orders temporarily suspended the City's applicable parking requirements and established outdoor space availability for businesses so that they can remain open at a pre-COVID-19 level. The approval of each specific site is administered through an administrative COVID-19 Temporary Use Permit (COVID-19 TUP) application, reviewed by the City Planner at no cost to the business, to approve the proposed outdoor configuration. The approved COVID-19 TUPs are permitted to remain as long as the City's Emergency Declaration is in effect.
At the June 14, 2021, City Council Meeting, staff recommended, and Council approved the local State of Emergency for COVID-19 be extended to allow businesses and places of worship to remain open for outdoor dining and worship services, to help recuperate losses and create a seamless transition back to pre-COVID operations, and to allow staff time to prepare written communication for businesses and places of worship on the future termination on their COVID- 19 related TUP.
On June 29, 2021, a letter was sent to all COVID-19 TUP applicants regarding the winding down of the emergency order and provided direction for any establishment desiring to continue to provide a similar experience following the closure of the emergency order. Since that date, most establishments have closed outdoor operations and two have since submitted permit requests for ongoing outdoor dining. There are a limited few still with tents, who will be receiving additional correspondence.
Additionally, a General Plan Amendment and Conditional Use Permit was submitted for the site associated with the Sanctuary Church COVID-19 TUP. It was deemed incomplete, and on Wednesday, October 20, 2021, staff met with Sanctuary Church representatives to discuss the need to press on with the subsequent submittal, given the incompatible use with the existing land use designation, and the COVID-19 TUP nearing an end. As of January 24, 2022, staff had not received the submittal and at that time mailed a status inquiry letter to both the church project manager and the pastor, highlighting the importance of finalizing the land use application for their place of worship.
Pursuant to Yucaipa Municipal Code 8.36.160 the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency. Such declaration facilitates the City's response to combat perilous conditions by providing limited immunity for emergency -35-
City Council Agenda Report
Extending Local Emergency Due to the COVID-19 Pandemic
For Meeting of February 28, 2022
actions of public employees and governing bodies, authorizing the issuance of orders and regulations to protect life and property, and activating pre -established local emergency provisions.
FISCAL IMPACT:
The extension of this declaration of local emergency will maintain the City's compliance with State and Federal requirements for emergency response and continue the City's eligibility to receive State and Federal emergency assistance funds.
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