DATE:
| 3/8/2022 | TO:
| HONORABLE MAYOR AND CITY COUNCIL | FROM:
| KRISTOPHER J. KOKOTAYLO, CITY ATTORNEY | SUBJECT:
| ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY CONFIRMING THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY DUE TO COVID-19 |
The City Council ratified a proclamation of local emergency on March 16, 2020 as a result of the COVID-19 pandemic. The City Council confirmed the continued existence of the local emergency due to the COVID-19 pandemic in accordance with state law on May 12, 2020, June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2021, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, and January 11, 2022. City staff and the City Attorney recommend that the City Council confirm the continued existence of the local emergency.
STRATEGIC PLAN ALIGNMENT
This item is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.
BACKGROUND
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Union City Municipal Code Chapter 2.28. The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of novel coronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On that same day, the City Council adopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.
On May 12, 2020, the City Council adopted a resolution confirming the continued existence of the local emergency due to the COVID-19 pandemic. Subsequently, on June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2020, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, and January 11, 2022 the City Council adopted resolutions confirming the continued existence of the local emergency.
DISCUSSION
Pursuant to Government Code Section 8630, the City Council must review and confirm the continued existence of a local emergency at least once every sixty (60) days. This Resolution comes to the City Council prior to the expiration of sixty (60) days from the previous confirmation of local emergency to ensure there is no interruption in the declaration of the continued local emergency.
The conditions that prompted the original declaration of a local emergency persist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. Community transmission of COVID-19 continues to occur, and the number of cases within Alameda County is still high. There are now 254,122 cases within the County, and 1,768 deaths (as of March 3, 2022). The spread of COVID-19 continues as a result of the highly contagious Delta and Omicron variants of the virus. While the Alameda County Health Officer shelter in place order requiring that all residents shelter at home has been rescinded, public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist.
Declaring a state of emergency provides local governments with the power necessary to coordinate and implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state and federal agencies. A declaration of emergency also permits the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property, such as imposing a curfew and ordering use of facilities for governmental purposes. Additionally, declaring a state of emergency ensures that the local government and its officials and employees are immune from liability when exercising their official duties during an emergency.
If adopted, the declaration of emergency will continue to remain in place until the emergency conditions have ended. However, the City Council will be required to continue to review the declaration at least every 60 days.
FISCAL IMPACT
There is no direct fiscal impact for adopting the resolution declaring that a local emergency continues to exist. However, the City will consider all options available to seek reimbursement for expenses through the appropriate authorities.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution confirming the continued existence of a local emergency due to COVID-19.
Prepared by:
Shandyn H. Pierce, Attorney
Submitted by:
Kristopher J. Kokotaylo, City Attorney |