The City Council declared a local state of emergency as a result of the COVID-19 pandemic in March 2020.  At that time, state and local officials implemented regulations that significantly impacted daily activities and prohibited certain non-essential businesses from operating.  

In response, the City Council adopted a temporary eviction moratorium for businesses and residents suffering income loss as a result of COVID-19 and also adopted a temporary urgency ordinance that allows the Zoning Administrator to issue use permits waiving certain provisions of the Union City Municipal Code to facilitate business operations. The City Council also approved actions to protect the City’s workforce by approving certain leaves and other actions to reduce employees’ exposure to COVID-19 in the workplace.

As outlined in this report, circumstances have significantly changed.  Prohibitive health officer orders have been lifted and Governor Newsom has indicated that the State will be ending the state of emergency on February 28, 2023.  Additionally, businesses and residents have returned to operating as they did prior to the start of the COVID-19 pandemic.  Staff recommends that the City Council adopt a resolution terminating the local emergency due to COVID-19, effective February 28, 2023.

This item is related to Strategic Plan Goal C, Strategy 21: Continue providing support to City residents and businesses related to COVID-19 recovery.

On March 4, 2020, Governor Newsom declared a State of Emergency to make resources available and formalize emergency actions across multiple state agencies and departments to help the State prepare for the spread of COVID-19.  Additionally, a number of counties, including Alameda County, declared a local state of emergency and the Alameda County Health Officer issued a number of health orders that significantly impacted the daily lives of Union City residents.  

The City Manager, acting as Director of Emergency Services, proclaimed a local state of emergency in response to the COVID-19 pandemic, pursuant to California Government Code Section 8630 and Union City Municipal Code Chapter 2.28.  The City Council subsequently ratified and confirmed the existence of a local emergency.  

The circumstances that justify an emergency declaration are outlined in the Union City Municipal Code.  Union City Municipal Code Chapter 2.28.020 defines "emergency" as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as . . . epidemic . . .which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat.”

This local emergency and the underlying facts supporting the emergency are the basis upon which the City Council adopted the eviction moratorium for residential and commercial properties (“eviction moratorium”) and the ordinance authorizing the Zoning Administrator to waive requirements of the Zoning Code to facilitate business operations impacted by COVID-19 (“COVID-19 use permit ordinance”).  

Pursuant to the Government Code, the City Council is required to review the need for continuing the local emergency at least every sixty (60) days.  The City Council last reviewed the need for the local emergency on December 13, 2022.  

After almost three years, Governor Newsom announced that he will end the COVID-19 State of Emergency on February 28, 2023. 

Conditions Justifying the End of the Local Emergency

 
The impacts of COVID-19 have greatly eased in recent months.  Vaccinations are now available for all, health experts have a greater understanding of how COVID-19 is spread, healthcare infrastructure that can handle the impacts of COVID-19 and appropriate laws and regulations to mitigate the spread of COVID-19.  At this point in time, federal, state, and county governments have eased, or eliminated altogether, regulatory restrictions.  This includes the elimination of mask mandates and restrictions to full access to public facilities and events.

Vaccination rates in Alameda County exceed 86% and the vaccination rate in Union City is 84.5%. The conditions justifying the City’s local emergency are abating. While COVID-19 is going to be with us for some time, conditions of disaster or extreme peril no longer appear to be present.  There does not appear to be a foreseeable circumstance under which the City would need to issue emergency orders or regulations, or take any other extraordinary actions in response to COVID-19.  Additionally, although there was an increase in COVID-19 during this past winter, there was not a significant spike in cases and hospitalizations due to COVID-19.  In Alameda County, there has been less than 50% the number of hospitalizations compared to this time of year in 2022 and less than 10% the number of reported cases compared to this time of year in 2022. The City can now end the local emergency as a result of the full reopening of private and public facilities as well as the downward trend of pandemic conditions.  

City Urgency Ordinances Adopted As a Result of the Local Emergency

The City Council adopted two urgency ordinances in response to the local emergency: the eviction moratorium and the COVID-19 use permit ordinance.  

The eviction moratorium, which provides a forbearance for tenants who aren't able to pay rent due to economic impacts from COVID-19, would end upon the termination of the local emergency or the emergency declared by the state (whichever is later) and provides for repayment of past due rent of 25% after one hundred twenty (120) days and the remaining balance up to 100% after one hundred eighty (180) days.

The COVID-19 use permit ordinance, which allows the Zoning Administrator to issue temporary use permits and waive the requirements of the Zoning Code to facilitate business operations impacted by COVID-19, would expire immediately upon the expiration of the local emergency.  

The eviction moratorium and COVID-19 use permit ordinance were intended to be temporary in nature and solely as a response to the conditions created by the COVID-19 pandemic.  As the Council is aware, at the beginning of the pandemic, a significant number of residents and businesses suffered lost income as a result of the COVID-19 pandemic.  Certain businesses, such as restaurants, were entirely prohibited from providing indoor in-person service.  Other businesses, such as gyms, hair and nail salons, and other hospitality services were completely prohibited from operating.  At this point in time, all federal, state and local regulations in this regard have been lifted.  Additionally, the unemployment rate in Alameda County reached approximately 13.5% and has since returned to pre-pandemic levels at 3.1%.  

Additionally, as noted above, Governor Newsom will be ending the California State of Emergency on February 28, 2023.

Staff believes it would be appropriate to provide ample notice of the consideration of terminating the local emergency and will engage in public outreach to local residents and businesses.

Staff recommends that the City Council adopt the proposed resolution to terminate the local emergency effective 11:59 p.m. on February 28, 2023, consistent with the Governor’s stated intent to terminate the California state of emergency on that date.