PREPARED BY: SARAH MAROOF DATE OF MEETING: 04/05/21
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO DESIGNATING APPLICANT’S AGENT FOR NON-STATE AGENCIES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL AND/OR STATE FINANCIAL ASSISTANCE FOR DISASTER RELIEF
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
Enhance Community Resilience- (200) Establish Emergency Response and Recovery is an adopted policy item under the adopted FY 2021-23 Council Priority Workplan, as amended March 15, 2021.
CEQA Compliance Statement
This resolution is deemed not a project under the provisions of the California Environmental Quality Act, (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5): Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. If deemed a project, then the approval of the resolution is deemed exempt from CEQA pursuant to the following separate and independent basis: Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the ordinance has no potential to cause a significant effect on the environment; and Section 15269(c) because adoption of this resolution is to mitigate an emergency.
BACKGROUND
COVID-19 and Declaration of an Emergency
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. A copy of that resolution was provided to the State and County Emergency Operations Centers. The City’s Emergency Operations Center was activated on or about 7:00 a.m. on March 16, 2020. The City Manager/Director of Emergency Services issued a Modified City Operations Plan dated March 16, 2020.
Since then, the Governor of California has issued many executive orders in light of COVID-19, including Executive Order N-33-20 on March 19, 2020 directing all residents in the State of California to stay at home (often referred to as “shelter-in-place”) except as needed to maintain essential critical infrastructure sectors and as designated by the State Public Health Officer as critical to protect the health and well-being of all Californians. These actions were taken in part to “flatten the curve” of the infection rate to avoid overwhelming limited medical resources. A particular challenge with containing the COVID-19 virus is the high infection rate for asymptomatic individuals; thus, creating “superspreader” events when people are in close proximity.
In addition, 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 further limitations on activities. The Bay Area shelter-in-place order was then extended through May 31, 2020. The Contra Costa County Health Department issued Order HO-COVID19-16 dated June 2, 2020 and HO-COVID19-17 dated June 5, 2020 extending the shelter-in-place orders, but with increasing allowance for certain businesses and other activities to occur under certain conditions, recognizing the goals of the Governor’s announcement on May 4, 2020 of a “Roadmap for Recovery”. On June 16, 2020, the Contra Costa Health Services issued Order HO-COVID19-18 with further guidance on businesses and activities. The State also issued guidance on June 18, 2020 regarding when the wearing of face coverings (masks) is required.
On August 28, 2020, the State issued a new Public Health Order dated August 28, 2020 effective August 31, 2020, which creates 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.” <https://covid19.ca.gov/roadmap-counties/>; <https://calcat.covid19.ca.gov/cacovidmodels/>
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-COVID19-27 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. 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 tiered reopening system.
As of October 6, 2020, the State’s Blueprint for a Safer Economy <https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/COVID19CountyMonitoringOverview.aspx> included a “health equity metric” to ensure California reopens its economy safely by reducing disease transmission in all communities, particularly given higher COVID rates among communities of color.
<https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/CaliforniaHealthEquityMetric.aspx> For Contra Costa County, in order to advance to the next less restrictive tier, the County must ensure that the test positivity rates in its most disadvantaged neighborhoods, defined as being in the lowest quartile of the Healthy Places Index census tracts (<https://healthyplacesindex.org/>), do not significantly lag behind its overall county test positivity rate. San Pablo as a city has a Healthy Places Index in the 36th percentile <https://map.healthyplacesindex.org/>; however, some census tracks within the City are in the lowest quartile.
On October 27, 2020, Contra Costa Health Services issued a press release indicating that the County had moved into the less-restrictive orange tier allowing more businesses and activities to occur. However, increasing COVID-19 cases and hospitalizations forced the County Public Health Officer to issue new orders to curtail some of the riskier activities.
On November 16, 2020, in light of increasing COVID infection and hospitalization rates throughout the United States, including California, twenty-eight counties were moved back into the purple/widespread infection Tier 1, including Contra Costa County.
On December 3, 2020, the California Department of Public Health issued a Regional Stay at Home Order based on the increasing rate of COVID-19 cases, hospitalizations and positivity rates across California. Of particular concern was a projected lack of ICU hospital beds by mid-December. On December 4, 2020, the Bay Area Region implemented the State’s Stay at Home Order from December 6 through January 4, 2021. The State’s Regional Stay at Home Order was triggered on December 15, 2020 due to ICU bed availability dropping under 15%, but was lifted on January 25, 2021. Contra Costa County remained in the purple tier.
On February 25, 2021, the County Health Department updated its Mass Quarantine Order to address as well the quarantine restrictions for fully vaccinated individuals. <https://813dcad3-2b07-4f3f-a25e-23c48c566922.filesusr.com/ugd/84606e_162ac8248db442b1b767579271d85fe7.pdf>
Contra Costa County moved to the red-tier (substantial risk of infection) on March 13, 2021, but San Pablo continues to be a COVID hot spot with the highest per capita infection rate in the County. At each regular City Council meeting since March 16, 2020, the City Council has adopted a resolution extending the declaration of emergency.
FEMA Public Assistance Grant Funding
The City of San Pablo may be eligible for reimbursement under the Federal Emergency Management Act (FEMA) of up to 100% of funds used for “Category B” emergency expenditures incurred prior to September 15, 2020, including: (1) purchases of materials and supplies directly related to CalOES Event No. 4482DR-CA (COVID-19); and (2) the cost of overtime hours by non-exempt employees directly attributable to CalOES Event No. 4482DR-CA (COVID-19).
As part of the FEMA project application for Public Assistance for disaster relief funds, the City Council must designate an agent to apply for and receive funds on behalf of the City. The Designation of Applicant’s Agency Resolution for Non-State Agencies (Cal OES Form 130), attached to this staff report, designates the following City Officials to apply for and/or receive such funds on behalf of the City of San Pablo: City Manager; Assistant City Manager; and Finance Director. This Designation of Applicant’s Agent Resolution is a universal resolution and is effective for all open and future disasters for up to three years following the date of approval. This Designation of Applicant’s Agent Resolution will supersede Resolution 2020-065 dated June 1, 2020, which names agents who are no longer employed by the City of San Pablo.
FISCAL IMPACT
Adoption of this resolution may result in increased revenues received by the City in the form of federal and/or state disaster relief reimbursement funds. However, there are no guarantees given the scope of this disaster and prudent budgeting is still warranted.