PREPARED BY: tERESA L. STRICKER DATE OF MEETING: 08/10/22
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO, CALIFORNIA, EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO NOVEL CORONAVIRUS (COVID-19); DETERMINING THAT THE CITY COUNCIL AND OTHER BROWN ACT BODIES IN THE CITY OF SAN PABLO CONTINUE TO MEET REMOTELY THROUGH SEPTEMBER 30, 2022 DUE TO COVID-19 SOCIAL DISTANCING RECOMMENDATIONS FROM THE CONTRA COSTA HEALTH DEPARTMENT UNDER ASSEMBLY BILL 361 FINDINGS; AND CONFIRMING THE ACTIONS TAKEN BY THE DIRECTOR OF EMERGENCY SERVICES.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
Council Priority Workplan
This action is not in the City Council’s Priority Workplan, but is necessary for the operation of government during an emergency.
CEQA Compliance Statement
The adoption of a resolution extending a declaration of an emergency in light of a pandemic is not a project under the California Environmental Quality Act (CEQA) pursuant to 14 CCR section 15378, and if deemed a project would be exempt pursuant to 14 CCR sections 15061 and 15269.
BACKGROUND
Initial Declaration of Emergency: March 2020
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.
Initial Shelter-in-Place Orders
The Governor of California 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 COVID-19 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. 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 allowing some activities under certain conditions, recognizing the Governor’s announcement on May 4, 2020 of a “Roadmap for Recovery”. The State also issued guidance on June 18, 2020 regarding when the wearing of face coverings (masks) is required.
June 2020-June 2021
On June 28, 2020, the Governor recommended that Contra Costa County delay reopening efforts given increasing COVID-19 numbers. On July 1, 2020, the Governor sent a letter to all elected officials in California urging State and local unity and cooperation in the fight against COVID-19. The letter warned that lack of such cooperation could extend the pandemic and its economic effects, as well as jeopardizing eligibility for State funding.
On July 5, 2020, the Contra Costa Health Services Officer issued Order HO-COVID19-22 generally requiring members of the public and workers to wear face coverings when less than 6 feet away from any person who is not a member of the individual’s household and when inside or on the grounds of any business. On July 5, 2020, the Contra Costa Health Services Officer also issued Order HO-COVID19-23 updating its mass quarantine order for persons in close contact to a person with COVID-19. On July 11, 2020, the Contra Costa Health Services Officer issued HO-COVID19-24 increasing restrictions on high-risk businesses and activities due to increasing community transmissions of COVID-19, hospitalizations, illness and positivity rate.
On July 28, 2020, the Contra Costa County Board of Supervisors passed Ordinance No. 2020-21, authorizing the issuance of warnings, citations or fines to businesses and people not complying with COVID-19 health orders. COVID-19 violations can be reported online: <https://www.contracosta.ca.gov/civicalerts.aspx?aid=2352> The initial effort from both the County and the San Pablo Police Department was to focus on education, particularly for businesses and larger entities whose violations can impact a greater number of residents.
On August 5, 2020, the Contra Costa Health Services issued an updated Mass Isolation Order and on August 26, 2020 issued a revised social distancing order allowing certain outdoor operations given steadying hospitalization and COVID-19 positivity rates.
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 for 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 hospitalizations 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 14, 2020, the County Public Health Department issued Health Order HO-COVID19-28 to align with state guidelines for personal care services, cardrooms, racetracks and professional sports without live audiences.
On September 16, 2020, the County Public Health Department issued Health Order HO-COVID19-29 to align with CDC guidelines on quarantining if exposed to someone with COVID-19, including exceptions for health care workers, first responders, and critical infrastructure workers to continue working if certain conditions are met.
<https://www.coronavirus.cchealth.org/for-covid-19-patients>
On September 29, 2020, Contra Costa County 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 reopened safely by reducing COVID-19 in all communities, given higher COVID-19 rates among communities of color. For Contra Costa County to advance to the next less restrictive tier, the County was required to 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/> ), did not significantly lag behind its overall county test positivity rate. San Pablo as a city had a Healthy Places Index in the 36th percentile <https://map.healthyplacesindex.org/>; however, some census tracks within the City were in the lowest quartile.
On October 8, 2020, the County Public Health Department issued Health Order HO-COVID19-32 to update its Mass Quarantine Order (HO-COVID19-29) to comply with the State of California Public Health Officer’s guidance.
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. The Order divided the State into five regions with San Pablo part of the Bay Area Region. Once a region has less than 15 percent ICU bed availability, all counties within that regional are required to follow the Regional Stay Home Order for at least three weeks. 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 but with the caution: “. . . per capita, the adjusted average number of new infections reported every day in Contra Costa was 46.2 in the last week - nearly seven times the threshold for a county to enter the purple tier of the state's Blueprint for a Safer Economy <https://covid19.ca.gov/safer-economy/>.” Key changes under the new orders were:
• Restaurants may offer outdoor dining, following the state health guidelines.
• Hair salons, barber shops and personal services such as nail salons may reopen following state health guidelines.
• Outdoor social gatherings involving 25 or fewer people, from three or fewer different households, were permitted.
As of the Supreme Court’s ruling on February 5, 2021, indoor worship services were allowed, but with a 25% cap on attendance. Information about youth sports and school re-openings can be found here: <https://www.coronavirus.cchealth.org/overview>
On February 25, 2021, the County Health Department updated its Mass Quarantine Order to address quarantine restrictions for fully vaccinated individuals.
<https://813dcad3-2b07-4f3f-a25e-23c48c566922.filesusr.com/ugd/84606e_162ac8248db442b1b767579271d85fe7.pdf>
On March 15, 2021, the County moved into the red-tier allowing more openings of businesses and schools. The San Pablo Library opened on April 26, 2021. As the landlord for the Library building, City staff worked with County staff on the re-opening plans, including some physical improvements, enhanced cleaning, and operational modifications including seating limited for only up to one hour of computer use. The County repealed local orders regarding vehicle-based gatherings, face covering and social distancing orders, but the State orders remained. <https://www.coronavirus.cchealth.org/health-orders>
On April 7, 2021, the County moved into the orange tier (moderate risk of infection) given decreasing cases and hospitalizations and increasing vaccination rates, allowing additional business and community sectors to open. In addition, the State indicated that on June 15, 2021, the State can fully reopen its economy if:
• There is enough vaccine supply for Californians 16 years and older to be vaccinated; and
• Hospitalizations rates remain stable and low, especially among fully vaccinated Californians
On May 5, 2021, Contra Costa County aligned with the State on relaxing mask requirements:
• Fully vaccinated people can go without masks outdoors, except in crowded settings such as concerts, sporting events, street fairs and similar settings.
• For unvaccinated people, masks are required outdoors anytime physical distancing can't be maintained, including at events with crowds.
• Regardless of vaccination status, masks are still required in indoor settings in the community such as in stores, restaurants (except when eating or drinking), and on public transportation.
• Fully vaccinated people can visit with other fully vaccinated people indoors or outdoors without masks or physical distancing.
• Fully vaccinated people can visit indoors or outdoors without masks with unvaccinated people from a single household who are at low risk for COVID-19.
• Full vaccination is defined as two weeks after the second dose of the two dose vaccines, Pfizer and Moderna, or two weeks after the one dose J & J vaccine.
On May 20, 2021, the County supported continuing the California Department of Public Health’s strategy to continue these masking requirements until June 15, 2021 when the State planned to move into more normal operations;. <https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Beyond-Blueprint-Framework.aspx>
On May 27, 2021, the State announced the new Vax for the Win <https://covid19.ca.gov/vax-for-the-win/> incentive program:
• Ten vaccinated residents will be selected on June 15 to receive $1.5 million each. All Californians who have had at least one COVID-19 dose will automatically be entered.
• Everyone with at least one COVID-19 dose in the state of California will be automatically entered to win big on $50,000 Fridays. Fifteen people will win on Friday, June 4 and another 15 will win on Friday, June 11.
• Starting on May 27, the first 2 million Californians to start and complete their COVID-19 vaccination will receive $50 gift cards.
The County produced a handy list of “Openings at a Glance” in both English and Spanish that has been updated as conditions have changed. County’s website also includes updated Frequently Asked Questions in both English and Spanish (<https://www.coronavirus.cchealth.org/frequently-asked-questions>), as well as a flyer in English and Spanish about the risks of various activities entitled “COVID-19: Know the Risk.” (<https://www.coronavirus.cchealth.org/safer-social-interactions>)
The Federal Government has also issued orders and directives in response to COVID-19. Resources can be found at these links:
<https://www.cdc.gov/coronavirus/2019-ncov/index.html>
In addition to COVID-19 public health emergency, the State has also faced issues of civil unrest and further emergencies due to wildfires and smoke in 2020.
June 15, 2021: Moving Beyond the Blueprint for a Safer Economy
On June 11, 2021, the State Public Health Officer issued a new Order indicating that on June 15, 2021, the State will move “Beyond the Blueprint for a Safer Economy” and eliminate the color-coded tier system for counties. <https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Order-of-the-State-Public-Health-Officer-Beyond-Blueprint.aspx> The County indicated that it will not be imposing additional restrictions.
As to masks, the California Department of Public Health issued further guidance effective June 15, 2021:
• Fully Vaccinated People
• Masks are not required in most settings, except where required for “All People” as noted below
• Unvaccinated or Partially Vaccinated People
• Masks are required for unvaccinated individuals in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public)
• All People: Both fully vaccinated and unvaccinated people must wear masks in these settings:
• Public transit (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares)
• Transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation)
• K-12 schools, childcare facilities and other youth settings (indoors)
• Businesses that choose to require masks for all customers
• Healthcare settings (including long-term care facilities)
• Homeless shelters, emergency shelters and cooling centers
• Correctional facilities and detention centers
Cal/OSHA eventually aligned their guidance for workplaces - like City facilities - with the CDC’s nationwide guidance and the State Public Health Officer. The City prepared a Worksite-Specific COVID-19 Plan dated July 1, 2021.
July 2021 and Increasing Case and Hospitalization Rates due to Delta Variant
On July 16, 2021, due to increasing case and hospitalization rates, the Contra Costa Health Officer along with other Bay Area Health Officers recommended that everyone consider wearing face coverings whenever they enter indoor public spaces, regardless of their vaccination status and on August 2, 2021 mandated face coverings indoors.
On July 22, 2021, the Contra Costa Public Health Official urged all employers to consider implementing policies that require their workforce to get vaccinated as soon as possible. Subsequently, Contra Costa issued an order that took effect July 27, 2021 requiring vaccination or weekly testing for workers in healthcare facilities, nursing and residential care facilities, homeless shelters and detention facilities. The California Department of Public Health (CDPH) has since issued similar vaccine verification requirements for state employees, healthcare workers and educators at K-12 campuses. Effective September 17, 2021, Contra Costa Public Health Official issued an order requiring vaccination or weekly testing for first responders including law enforcement officers, firefighters and emergency medical personnel.
On September 2, 2021, Contra Costa Health Services released detailed guidance for schools, sports leagues and other organized youth activities to keep participants safe.
Contra Costa Health Services indicated that Contra Costa and all of the Bay Area continue to endure a spike in COVID-19 cases and hospitalizations “fueled by the highly contagious Delta variant and residents who have chosen to remain unvaccinated.”
On October 7, 2021, Contra Costa Health Department announced the criteria for lifting the current indoor masking order, which is not expected until the end of 2021 or beginning of 2022:
• The county reaches the CDC’s moderate (yellow) COVID-19 transmission tier and remains there for at least three weeks; and
• There are fewer than 75 COVID-19 hospitalizations in the county; and
• One of the following conditions is met:
o 80% of the total population is fully vaccinated
o Eight weeks have passed since a COVID-19 vaccine has been authorized for emergency use by federal and state authorities for 5- to 11-year-olds
On October 12, 2021, the Contra Costa County Board of Supervisors adopted Resolution No. 47253 declaring COVID-19 misinformation as a public health crisis.
As of November 1, 2021, Contra Costa County lifted the mask order in certain indoor settings that are not open to the general public and where everyone is fully vaccinated, and provided additional guidance on when the requirements would be further relieved.
December 2021 and the Omicron Variant
The Contra Costa Health Services Department announced on December 20, 2021 that the highly-contagious omicron variant of COVID-29 was present in Contra Costa County. The Department urged vaccination and a timely booster to protect against both infection and serious illness. Due to increasing infection rates (County transmission level is back to red-high) and increasing hospitalization rates, masks are required in all indoor public settings regardless of vaccination status. Under County Health Order HO-COVID19-60, Emergency First Responders are required to have a COVID-19 booster to be deemed “fully vaccinated” or undergo weekly testing.
February 2022 and Ongoing
After the onslaught of the Omicron variant of COVID-19, cases and hospitalizations decreased and the State and County announced steps to “reopen again” including lifting restrictions for indoor and outdoor events <https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Beyond-Blueprint-Framework.aspx> Following State guidance, Contra Costa lifted the indoor mask mandate on February 16, 2022 for vaccinated individuals with unvaccinated individuals over the age of 2 years still required to wear a mask. The Contra Costa County Health Department continued to recommend masks to prevent the spread under certain circumstances and will allow business and “hosts” to decide whether to mandate masks:
“Continuing to mask in indoor public settings, especially crowded or poorly ventilated spaces, remains the safest choice for an individual and protects those who are medically vulnerable or are not able to get vaccinated, like our youngest children. As evidence continues to show, vaccinations and boosters remain the best defense against the virus.”
Effective March 1, 2022, the State revised the requirement that unvaccinated individuals mask in indoor public settings to a strong recommendation that all persons, regardless of vaccine status, continue indoor masking, with some universal masking required in specific high-risk settings, such as on public transit. The Governor also lifted all but approximately 30 of the 561 Executive Orders issued during COVID-19; although, the State of Emergency continues to exist. The Governor also introduced a “SMARTER Plan” https://files.covid19.ca.gov/pdf/smarterplan.pdf for dealing with COVID-19 <https://files.covid19.ca.gov/pdf/smarterplan.pdf%20for%20dealing%20with%20COVID-19>. Cal/PSHA adopted reviewed workplace safety requirements on April 21, 2022 and again on May 7, 2022 and can be found here: https://www.dir.ca.gov/dosh/coronavirus/Revisions-FAQ.html
On May 13, 2022, as the Bay Area experienced a “new swell of COVID cases and hospitalizations” and the state’s “highest COVID infection rates,” the health officers in Contra Costa County and eleven other Bay Area jurisdictions (City and County of San Francisco, the Counties of Alameda, Marin, Monterey, Napa, San Benito, San Mateo, Santa Clara, Santa Cruz and Sonoma, and the City of Berkeley) issued a statement (1) “stressing the importance of taking safety precautions,” (2) “reiterat[ing] their continued, strong support for people to mask up indoors, keep tests handy, and ensure they are up to date on vaccinations by getting boosters when they are eligible,” (3) reminding the public that “masking is strongly recommended by the California Department of Public Health for most indoor public settings,” and (4) encouraging “limiting large gatherings to well ventilated spaces or outdoors.” The May 13, 2022 statement can be found here: <https://cchealth.org/press-releases/2022/0513-BA-Health-0fficers-Public-Precautions.php.>
On June 17, 2022, the Governor issued an executive order terminating immediately five prior executive order provisions, allowing five additional executive order provisions set to expire on June 30, 2022 to do so, continuing the state of emergency and leaving certain executive order provisions in place during the duration of the emergency to allow the state to respond to, recover from and prevent and mitigate the impacts of the COVID pandemic.
City Actions Since the Declaration of a Local Emergency
On April 6, 2020, pursuant to Resolution 2020-042, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. Emergency Services Order No. 1 issued March 23, 2020, which addressed operational issues during the emergency including a Modified City Operations Plan dated March 19, 2020; and
2. Revised Modified City Operations Plan dated April 1, 2020, declaring certain City projects as “Essential Governmental Functions/Public Works Projects” and further limiting activities.
On April 20, 2020, pursuant to Resolution 2020-051, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director:
1. Revised Modified City Operations Plan dated April 8, 2020 further limiting access to City Administrative Offices and essential services occurring at City facilities; and continuing to cancel all City-sponsored community events and gatherings per the Governor’s State-wide Executive Orders No. N-25-20 (03/12/20) and No. N-33-20 (03/19/20) and Contra Costa County Health Department Order No. #HO-COVID-19-03 (03/31/2020) to “flatten the curve” of the infection rate of COVID-19.
In addition, the Annual 4th of July Multi-Cultural Family Celebration Event was regrettably cancelled because operational planning and staffing resources for major community events is a “Non-Essential Service” at this time; and the financial costs are deemed “Non-Essential Spending” given the impacts to the City’s General Fund budget from the closure of the Casino and decreased sales tax revenues during the COVID-19 emergency.
1. City of San Pablo Administrative Policy - Coronavirus (COVID-19): Families First Coronavirus Response Act (FFCRA) and Emergency Family and Medical Leave Expansion Act (EFMLE) dated April 1, 2020.
2. City of San Pablo Administrative Policy - Limited Duration Telework Policy dated April 1, 2020.
On May 4, 2020, pursuant to Resolution 2020-055, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. Revised Modified City Operations Plan dated April 20, 2020 regarding face coverings in response to Contra Costa County Health Department Order No. #HO-COVID-19-08 (04/17/2020) to “flatten the curve” of the infection rate of COVID-19;
2. Revised Modified City Operations Plan dated April 30, 2020 in response to Contra Costa County Health Department Order No. #HO-COVID-19-09 (04/29/2020) extending the shelter-in-place order to May 31, 2020 but allowing some businesses and activities to resume; and
3. City Essential Business/Project Updates dated May 4, 2020.
On May 18, 2020, pursuant to Resolution 2020-060, the City Council extended
the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. Memorandum dated May 7, 2020 to implement COVID-19 Informational Hotline for San Pablo residents
On June 1, 2020, pursuant to Resolution 2020-068, the City Council extended the declaration of local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. Letter dated May 22, 2020 to the Contra Costa County Health Services Department re: Casino San Pablo Notification to Re-open and discussion with Contra Costa County Health Officials.
On June 15, 2020, pursuant to Resolution 2020-077, the City Council extended the declaration of a local emergency and confirmed the additional actions taken by the Director of Emergency Services including but not limited to:
1. Memos from the City Manager and Assistant City Manager: “Expectations of Employees Returning to Work” dated June 3, 2020; “Protocols for Social Distancing -- COVID-19 Response Plan” dated June 3, 2020; “COVID-19 Health Screenings” dated June 3, 2020; and
2. Revised Modified City Operations Plan dated June 4, 2020
On July 6, 2020, pursuant to Resolution 2020-086, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services.
On July 20, 2020, pursuant to Resolution 2020-094, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. COVID-19 Health Screening and Protocols for candidates and those involved with ballot measures who need to come to City Hall.
The City has also established a City hotline for assistance with COVID-19 resources and questions. City staff is available to respond to calls in English and Spanish. As of July 20, 2020, the City had received 21 calls from San Pablo residents and one call from a Richmond resident.
On August 3, 2020, pursuant to Resolution 2020-105, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. City Council Meeting Protocols at City Hall during COVID-19 Emergency
On September 8, 2020, pursuant to Resolution 2020-115, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services including but not limited to:
1. “COVID-19 Hot Zone and Employee Reporting in the Workplace” dated August 6, 2020
Also, on September 8, 2020 per Resolution 2020-112, the City Council confirmed an agreement with Contra Costa County to provide financial support for the COVID-19 Youth/Young Adult Ambassadors to be trained about COVID-19 and then to prepare and post messages about COVID-19 on social media. Further, on September 8, 2020 per Resolution 2020-116, the City Council amended the City Council Priority Workplan to explore the feasibility of a financial assistance grant or loan program for local San Pablo businesses affected by the COVID-19 pandemic in collaboration with the San Pablo EDC (San Pablo Economic Development Corporation).
On September 21, 2020, pursuant to Resolution 2020-123, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Service since the last meeting. Also, on September 21, 2020, the City Council adopted Ordinance 2020-010 repealing Ordinance 2020-006, which suspended automatic approval deadlines during the COVID-19 emergency. The City Council also approved Resolution 2020-124 extending the Housing Assistance Grant Program and Resolution 2020-125 creating an Ad Hoc City Council Committee to address COVID-19 issues.
On October 5, 2020, pursuant to Resolution 2020-127, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Service since the last meeting.
On October 19, 2020, pursuant to Resolution 2020-131, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Service since the last meeting.
On November 2, 2020, pursuant to Resolution 2020-136, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Service since the last meeting, including but not limited to:
1. Coronavirus COVID-19 Update and Revised City Modified Operations Plan (Version #9 dated October 28, 2020)
On November 2, 2020, pursuant to Resolution 2020-135, the City Council also authorized a one-time event sponsorship of $3,000 for the Free COVID-19 Testing Event available to the public scheduled for November 7, 2020 at the West County Health Center.
On November 16, 2020, pursuant to Resolution 2020-139, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Service since the last meeting. The City Council also approved a memorandum of agreement with Contra Costa Health Services to create of COVID-19 testing site at the Davis Park Multi-purpose room, pursuant to Resolution 2020-143.
On December 7, 2020, pursuant to Resolution 2020-154, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting.
On December 21, 2020, pursuant to Resolution 2020-159, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting.
On January 19, 2021, pursuant to Resolution 2021-02, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting.
On February 1, 2021, pursuant to Resolution 2021-10, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting. The City Council also received a presentation regarding the success of the COVID-19 Youth and Young Adult Ambassadors in providing information to their peer group about COVID-19.
On February 16, 2021, pursuant to Resolution 2021-14, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting, including but not limited to a revised requirement for indoor mask wearing at all times except in very limited circumstances as set forth in the City’s Revised Modified Operations Plan dated February 4, 2021.
On March 1, 2021, pursuant to Resolution 2021-19, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting. On March 1, 2021, the City Council also authorized a letter agreement with Contra Costa County to continue providing financial support of up to $4,200 for San Pablo youths to continue participating in the COVID-19 Youth and Young Adult Ambassadors program, pursuant to Resolution 2021-20.
On March 15, 2021, pursuant to Resolution 2021-024, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting, including but not limited to including but not limited to the promulgation of the Temporary Administrative Policy regarding COVID-19 Families First Coronavirus Response Act (FFCRA) - Temporary City Extended Leave. On March 15, 2021, the City Council, pursuant to Resolution 2021-028, also decided to cancel certain City-sponsored large-scale events for calendar year 2021 due to the COVID-19 pandemic.
On April 5, 2021, pursuant to Resolution 2021-033 the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting. On April 5, 2021, pursuant to Resolution 2021-038, the City Council entered into an amended Memorandum of Agreement with the County to provide a framework for the County Public Health Department and City Manager to mutually agree to the use of additional City facilities for COVID-19 testing or vaccination sites.
On April 19, 2021, pursuant to Resolution 2021-047 the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting.
On May 3, 2021, pursuant to Resolution 2021-053 the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting, including but not limited to:
1. COVID-19 Prevention Program required by CalOSHA; and
2. Logistic Health Incorporated as agent of the County running the Davis Park COVID-19 testing facility.
On May 17, 2021, pursuant to Resolution 2021-057 the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting.
On May 13, 2021, the City Manager as Director of Emergency Services issued a Modified City Operations Plan v.11 with the following preliminary re-opening plan to be ratified by the City Council:
On June 7, 2021, 2021, pursuant to Resolution 2021-066, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting, including but not limited to:
1. Modified City Operations Plan v. 11 issued on May 13, 2021 by the City Manager as Director of Emergency Services; and
2. Revised COVID-19 Supplemental Sick Leave Policy dated May 17, 2021 as authorized by the federal American Rescue Plan Act and the State Senate Bill 95.
At the June 7, 2021 City Council meeting, a draft Re-Opening Plan was presented and City Council input solicited.
On June 21, 2021, pursuant to Resolution 2021-075, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting. On June 21, 2021, pursuant to Resolution 2021-082, the City Council increased the grant amounts for 2020/21 to $2,000 per eligible household. In addition, the City Council, pursuant to Resolution 2021-083, extended the Housing Assistance grant program at $2,000 per eligible household to September 30, 2021 or until grant funds run out, whichever is sooner.
On July 6, 2021, pursuant to Resolution 2021-093, the City Council approved the implementation of the “Welcome Back Reopening Plan” dated July 1, 2021, which amended the Preliminary Re-opening phases to have Phase II of City employees working full-time in City facilities starting August 16, 2021. City parks and fields were opened effective July 1, 2021.
On July 19, 2021, pursuant to Resolution 2021-095, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting including but not limited to:
1. Worksite-Specific COVID-19 Plan dated July 1, 2021; and
2. Second Amendment to the MOU with the County to extend COVID-19 testing at Davis Park to September 30, 2021.
On August 2, 2021, pursuant to Resolution 2021-101, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting.
On September 7, 2021, pursuant to Resolution 2021-107, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting, including but not limited to:
1. Modified City Operations Plan version 13 dated August 4, 2021 -- Due to a surge in COVID-19 infection rates in part caused by the Delta variant and stagnating vaccination rates, the City implemented a revised Modified Operations Plan that addressed:
a. Compliance with more stringent Cal-OSHA Emergency Temporary Standards (ETS) due to employee outbreaks of COVID-19
b. Mandatory submission of COVID-19 Employee Vaccination Forms
c. Postponement of Phase II to September 15, 2021 in City’s adopted Welcome Back Re-opening Plan
2. Modified City Operations Plan version 14 dated August 24, 2021 that is effective September 1, 2021, City employees who are unvaccinated or refuse to provide vaccination status information will be required to be tested at least weekly. This step was taken in part due to increasing number of COVID-19 cases and exposures among City employees, which require the City to follow stricter Cal-OSHA requirements related to masking and social distancing to reduce COVID-19 exposures.
3. Extended the County’s use of the Davis Park Community Center for testing until December 31, 2021.
On September 21, 2021, pursuant to Resolution 2021-121, the City Council extended the declaration of a local emergency and confirmed the actions taken by the Director of Emergency Services since the last meeting, including but not limited to:
1. Revised Modified City Operations Plan version 15 dated September 3, 2021 -- Due to a surge in COVID-19 infection rates in part caused by the Delta variant and stagnating vaccination rates, the City implemented a revised Modified Operations Plan that requires elected officials to provide proof of vaccination or a negative COVID-19 test within prior 72 hours of entering a City facility, worksite or event.
On September 29, 2021, at a Special City Council meeting, the City Council determined that the City Council and other San Pablo Brown Act bodies would continue to meet remotely due to COVID-19 social distancing recommendations from Contra Costa Health Department.
On October 4, 2021, pursuant to Resolution 2021-129, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all in accordance with Assembly Bill 361’s revisions to the Brown Act to address remote meetings during emergencies; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
On October 18, 2021, pursuant to Resolution 2021-131, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
1. Revised Modified City Operations Plan version 16 dated September 14, 2021 regarding rules for those entering City facilities and participating in City programs.
On November 1, 2021, pursuant to Resolution 2021-141, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
1. Revised Modified City Operations Plan version 17 dated October 14, 2021 regarding rules for those entering City facilities and participating in City programs.
On November 15, 2021, pursuant to Resolution 2021-147, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
On December 6, 2021, pursuant to Resolution 2021-152, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
1. Execution of a Third Amendment to Memorandum of Agreement with the County for use of Davis Park Community Center for COVID-19 testing until December 31, 2021 which the City Council confirmed on September 7, 2021.
2. Authorization of a Fourth Amendment to Memorandum of Agreement with the County for use of Davis Park Community Center for COVID-19 testing under March 31, 2022.
On December 20, 2021, pursuant to Resolution 2021-161, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
On January 18, 2022, pursuant to Resolution 2022-007 the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
1. Revised Modified City Operations Plan version 18 dated January 7, 2022 regarding rules for those entering City facilities and participating in City programs including the shutting down of City administrative offices for the week of January 10, 2022 and directing applicable City staff to work remotely; and
2. City Administrative Policy for COVID-19 Vaccination or Mandatory Testing revised January 7, 2022, including that all new City employees must be vaccinated unless granted medical or religious exemption.
On February 7, 2022, pursuant to Resolution 2022-018, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
1. Revised Modified City Operations Plan version 19 dated January 13, 2022 regarding rules for those entering City facilities and participating in City programs including the shutting down of City administrative offices until January 31, 2022 and directing applicable City staff to work remotely.
On February 22, 2022, pursuant to Resolution 2022-029, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
On March 7, 2022, pursuant to Resolution 2022-034, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
On March 21, 2022, pursuant to Resolution 2022-039, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
On April 4, 2022, pursuant to Resolution 2022-049, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
1. Fifth Amendment to the Memorandum of Agreement with Contra Costa County for Mutual Aid Assistance Provided in Response to the COVID-19 Pandemic including the continued use of the Davis Park testing site through May 31, 2022.
Following a community survey process, at the City Council meeting on April 4, 2022, the City Council also adopted two resolutions (Resolution 2022-055 and 2022-056) to allocate and appropriate American Rescue Plan (ARPA) funding of $7,413,467.
On April 18, 2022, pursuant to Resolution 2022-063, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely until July 1, 2022; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
1. Revised Modified City Operations Plan version 20 dated April 12, 2022 with the exception of extending remote meetings for the City Council and Brown Act bodies through June 30, 2022 (which will be reflected in a Modified City Operations Plan version 20A);
2. Administrative Supplemental Sick Leave Policy for City employees dated April 7, 2022
3. Revised COVID-19 Prevention Program dated April 18, 2022
On May 2, 2022, pursuant to Resolution 2022-064, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through June 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting, which included but were not limited to:
1. Revised Modified City Operations Plan version 20A dated April 28, 2022 modifying Revised Modified Operations Plan version 20 dated April 12, 2022 in the following ways: (a) extending remote meetings for the City Council and Brown Act bodies through June 30, 2022 as directed by the City Council, (b) clarifying that the term “fully vaccinated” under the Plan refers to individuals who completed, at least two weeks before, all COVID-19 vaccine series recommended by the CDC excluding booster shots, and (c) encouraging (but not requiring) all staff and members of the public to receive CDC-recommended booster shots.
On May 18, 2022, pursuant to Resolution 2022-067, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through June 30, 2022; and confirmed the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting including but not limited to:
1. Revised Modified City Operations Plan version 20B dated May 11, 2022, modifying Revised Modified Operations Plan version 20A dated April 28, 2022, to eliminate the COVID-19 vaccine requirement for youth under the age of 12 who participate in City Programs in response to West Contract Costa County Unified School District’s changed timeline for student vaccine requirements, and to remove the masking requirement for outdoor components of such City Programs.
On June 6, 2022, pursuant to Resolution 2022-071, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through June 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all, as the City Council previously directed; and confirm the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting, including but not limited to:
1. Revised Modified City Operations Plan version 21 dated May 31, 2022, which became effective on June 6, 2022 upon approval by the City Council. Under that revised plan, to ensure that the Police Department can file critical vacancies while aligning with public health guidance issued by Contra Costa County Health Services, the City strongly encourages but no longer requires newly-hired San Pablo Sworn Officers to be fully vaccinated.
On June 21, 2022, pursuant to Resolution 2022-103, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through September 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all; and confirm the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting, including but not limited to:
1. Revised Modified City Operations Plan version 22 dated June 14, 2022 (attached), which became effective on June 21, 2022 upon approval by the City Council. Under that revised plan, all Brown Act bodies of the City will continue to meet remotely through September 30, 2022 in accordance with Assembly Bill 361.
On July 5, 2022, pursuant to Resolution 2022-108, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through September 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all; and confirm the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
On July 18, 2022, pursuant to Resolution 2022-112, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through September 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all; and confirm the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
On August 1, 2022, pursuant to Resolution 2022-117, the City Council extended the declaration of a local emergency; determined that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through September 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all; and confirm the additional actions taken by the Director of Emergency Services, including those actions taken since the last Council meeting.
Medical Data on COVID-19 Cases
As of the County’s website on August 2, 2022, Contra Costa County had 5,488 confirmed COVID-19 cases in the past 14 days, with an average number of new cases per day of 335.3 in the last 7 days, with 110 people hospitalized.
As of August 2, 2022, there were a total of 238,872 confirmed cases of COVID-19 in Contra Costa County with 1,380 deaths. As of August 1, 2022, there were 9,983,370 confirmed cases of COVID-19 (14.5% test positivity rate) in California with 92,889 deaths.
<https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/nCOV2019.aspx>
As of August 1, 2022, there were 91,198,391 cases of COVID-19 in the United States with 1,025,363 deaths.
https://covid.cdc.gov/covid-data-tracker/?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fcases-updates%2Fcases-in-us.html#cases_totalcases <https://covid.cdc.gov/covid-data-tracker/?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fcases-updates%2Fcases-in-us.html>
San Pablo’s case rate is now identified as including both incorporated and unincorporated parts of the City with, as of August 2, 2022, 14,085 confirmed COVID-19 cases at rate of 31,793.9 cases per 100,000 population (and a rate of 663.6 cases per 100,000 over the last 14 days). Over the course of the pandemic, San Pablo has the highest per capita rate of COVID-19 cases in the County, and the third highest per capita rate of COVID-19 cases in the County in the last 14 days (Bay Point and Hercules are now higher than San Pablo). Overall, San Pablo has the sixth highest total number of COVID-19 cases in the County (Richmond, Antioch, Concord, Pittsburg and Brentwood are higher). According to the County’s website, there have been 75 COVID-related deaths in San Pablo (with 59 deaths not in long-term care facilities).
During an earlier Council meeting, there were questions about why San Pablo is a hot spot. Information from the California Department of Health on racial and ethnicity demographics with COVID-19 can be found here, as well as an article from the LA Times discussing a study done at UCLA regarding COVID-19 risk factors: <https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Age-Race-Ethnicity.aspx>
In addition, the Mercury News/East Bay Times ran an extensive article regarding COVID and the impacts on Latinos: <https://www.mercurynews.com/2021/03/14/how-the-bay-area-failed-latino-residents-during-the-covid-crisis/> The City has been working with the County to provide additional vaccine sites available in San Pablo.
COVID-19 Testing and Vaccination Information
As of August 2, 2022, Countywide, 83.3% of the population is vaccinated. However, only 56.7% of the eligible population have received a booster shot. More than 90% of San Pablo residents are fully vaccinated, but only 54.6% of the eligible San Pablo residents have received a booster shot. Nationally, 66.9% of the population has been vaccinated but only 55.8% have received one booster shot.
All people ages 6 months or older (regardless of where they reside or work) are eligible for vaccination) and can make an appointment with the County by calling 1-833-829-2626 or using the County’s online request form at <https://www.coronavirus.cchealth.org/get-vaccinated>. Information on walk-in clinics can be found here: <https://www.coronavirus.cchealth.org/walk-in-vaccine> For all clinics, people under age 18 must be accompanied by a parent or guardian, have signed permission from the parent or guardian, or have a parent/guardian available by phone during the appointment. Booster shots are also available.
In addition to vaccine sites at West Contra Costa Medical Center and Contra Costa College, LifeLong Medical and Walgreens pharmacies have provided vaccines locally. Pursuant to an agreement with the County, additional vaccination sites were available at City facilities with appointments, including the San Pablo Senior Center. The City has been providing more detailed information on its website and through social media.
Pursuant to an Agreement between the City and the Contra Costa County Health Services, the County used the Davis Park Multi-purpose room for COVID-19 testing until May 31, 2022. Because the City began using Davis Park for Community Services/recreation programming, the testing center was moved in June 2022 to Contra Costa College, Student Administration Building Cafeteria, 2600 Mission Bell Drive, San Pablo.
On May 27, 2021, the State announced the Vax for the Win <https://covid19.ca.gov/vax-for-the-win/> incentive program to encourage more residents to become vaccinated.
The Federal Drug Administration (FDA) gave full approval (as compared to the previous emergency use approval) to the Pfizer/BioNTech COVID-19 vaccine on August 23, 2021. The federal government announced that all companies with over 100 employees must require employees to be vaccinated or submit to weekly testing and wearing a face mask as of January 4, 2022. There have been court challenges, but the City will continue to comply with California requirements (Cal/OSHA and California Department of Health) as well as orders and recommendations of the Contra Costa Health Department.
Eight free COVID-19 home tests are available from the United States Government by contacting <https://www.covidtests.gov/> or calling 1-800-232-0233 <tel:1-800-232-0233>.
COVID-19 Treatment
The County has announced that people who test positive for COVID-19 may be eligible for free treatment, including the oral antiviral medications such as paxlovid. However, the treatment must be started with in the first few days, so contact your health care provider or Contra Costa Health Services Advice Nurse at 877-661-6230 immediately. <https://www.coronavirus.cchealth.org/treatments>
Economic Impacts of COVID
According to the East Bay Economic Development Alliance’s (East Bay EDA) Business Recovery Survey Results published on May 19, 2020, 80% of East Bay businesses are “microbusinesses” employing fewer than 10 employees, which often have limited cash reserves and less able to take on more debt to survive COVID19 and shelter-in-place orders. Microbusinesses are more likely to be minority- or women-owned compared to larger businesses. Nearly 40% of the survey respondents were temporarily closed because not considered “essential” and 42.3% of West Contra Costa County businesses temporarily closed. Eleven out of fifteen surveyed West Contra Costa County businesses indicated staff reductions in the 75-100% range. Layoffs and revenue losses hit low-wage workers the hardest in the following industries: food and beverage; retail and personal services; hospitality/leisure/entertainment. <https://eastbayeda.org/wp-content/uploads/2020/05/East-Bay-Business-Recovery-Survey-Findings-5-19-20.pdf>
Additional data from 300 small business owners who received funding via the Paycheck Protection Program showed that year-over-year revenues of small business owners plummeted 52% while their payroll expenses dropped 54%. The Mercury News reported that one out of every 100 businesses in the San Francisco metropolitan area including Contra Costa County has permanently closed since March 1, 2020. According to Beacon Economics, there is a 30.7% decrease in open small businesses in California from January 2020 through November 29, 2020.There is no reason to believe that small businesses in San Pablo fared better during the COVID19 shutdown.
Many San Pablo residents have experienced job loss or reduced hours due to COVID-19 and shelter-in-place orders. Contra Costa County overall saw an increase in unemployment from a March unemployment rate of 4.1 percent to an April unemployment rate of 14.5 percent. According to the East Bay EDA, there were 25,560 jobs lost in the East Bay during March and April, representing nearly 30% of job cuts in the nine-county Bay Area. However, the Urban Institute estimated 45,666 low-income jobs (annual earnings below $40,000) lost just in Contra Costa County through May 8, 2020. Nearly 3.7 million Californians filed for unemployment during the first six weeks of COVID-19 pandemic and the nation seeing the highest level of unemployment in 70 years.
On December 14, 2020, the website for the State’s Employment Development Department (EDD) showed that California’s unemployment rate in September 2020 was 11.0% with 2,058,800 unemployed individuals, but that data was from September 12 before current shut down. In February 2021, the unemployment rate in California was 8.5% and then 8.3% in March 2020; although, some concerns have been raised that the decrease is driven by people dropping out of the job market completely.
To address these economic impacts and the critical need that residents remain sheltered during the pandemic to decrease the transmission of COVID-19, on April 27, 2020, the City Council adopted Urgency Ordinance 2020-008 temporarily prohibiting evictions of residential and commercial real property tenants impacted by the COVID-19 pandemic and establishing a moratorium on rent increases through May 31, 2020. The State and County also adopted protections for tenants impacted by COVID-19. The County’s ordinance established a moratorium on certain evictions for residential tenants through and on certain residential rent increases through September 30, 2021, as well as a moratorium on evictions of some commercial tenants through March 31, 2021. Information on the County’s ordinance, along with Frequently Asked Questions and Template Notice documents in English and Spanish, can be found here: <https://www.contracosta.ca.gov/7836/Eviction-and-Rent-Freeze-Ordinance-FAQs> The State’s “Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020” was extended through June 30, 2021 by Senate Bill 91 if conditions are met. <https://www.gov.ca.gov/2021/01/29/governor-newsom-signs-legislation-to-extend-eviction-moratorium-and-assist-tenants-and-small-property-owners-impacted-by-covid-19/>; file:///Y:/2004%200209/Emergency%20Operations/COVID-19%20Pandemic%202020/Eviction%20Moratorium/Factsheet-Tenant-Homeowner-and-Small-Landlord-Relief-and-Stabilization-Act-of-2020.pdf <file:///Y:\2004%200209\Emergency%20Operations\COVID-19%20Pandemic%202020\Eviction%20Moratorium\Factsheet-Tenant-Homeowner-and-Small-Landlord-Relief-and-Stabilization-Act-of-2020.pdf>
The State’s moratorium on water shut-offs was extended to December 31, 2021 pursuant to Senate Bill 155.
Contra Costa County established a temporary cap on the fees charged by third-party delivery services to local restaurants of 15% of the order, with a 10% cap on the processing online orders. The ordinance will expire when the County will allow 100% indoor dining capacity. <https://www.contracosta.ca.gov/DocumentCenter/View/69614/Supervisors-Pass-Ordinance-to-Cap-Food-Delivery-Service-Fees>
In addition, following previous City Council direction, on May 4, 2020, pursuant to Resolution 2020-054, the City Council approved the guidelines for a grant program for residents financially impacted by COVID-19. On June 29, 2020, the City Council increased the grant for COVID Housing Assistance Program for FY 2019/20 (Resolution 2020-081) and established a COVID Housing Assistance Program for FY 2020/21 (Resolution 2020-082). A social media blast provided information on the program. On January 19, 2021, pursuant to Resolution 2021-006, the City Council extended the Housing Assistance Grant Program to March 31, 2021 or until the grant funds run out, whichever is sooner. On March 15, 2021, pursuant to Resolution 2021-031, the City Council extended the Housing Assistance grant program to June 30, 2021 or until grant funds run out, whichever is sooner. On June 21, 2021, pursuant to Resolution 2021-082, the City Council increased the grant amounts for 2020/21 to $2,000 per eligible household. In addition, the City Council, pursuant to Resolution 2021-083, extended the Housing Assistance grant program at $2,000 per eligible household to September 30, 2021 or until grant funds run out, whichever is sooner.
Landlords and tenants can also apply for the funds from the Federal Emergency Rental Assistance Program from the Consolidated Appropriations Act of 2021. The program assists income-qualified renters impacted by COVID-19 who need help to pay for rent or utilities. Eligible household income may not exceed 80% of the local median income. Eligible renters whose landlords do not participate in the program can still receive 25% of unpaid rent accrued between April 1, 2020, and March 31, 2021. Eligible renters can also receive future rent assistance equal to 25% of their monthly rent. The program also provides up to 80% rent reimbursement to landlords for unpaid rent accrued between April 1, 2020, and March 31, 2021. <https://www.contracosta.ca.gov/DocumentCenter/View/70048/Contra-Costa-COVID-19-Rent-Relief-Program-News-Release-3152021>;
<https://housing.ca.gov/covid_rr/> The program was further extended through March 31, 2022, with the State then delaying eviction for another three months for those renters who applied for relief by March 31, 2022 given the delays in the State funding.
On October 21, 2020, pursuant to Resolution 2020-133, the City Council established and approved program guidelines for the San Pablo “Back to Business” COVID-19 Relief Fund to offer forgivable loans to small businesses with the San Pablo Economic Development Corporation administering the program with funds that were reallocated from the City’s Community Grant Foundation program. <http://www.sanpabloedc.org/san-pablo-b2b-small-business-grant-program> All ten COVID business loans have been processed.
The County has compiled resources for businesses and employees affected by the economic impacts of COVID-19. <https://www.contracosta.ca.gov/7778/COVID-19-Economic-Resources> In addition, the Governor and Legislature have agreed upon a Pandemic Relief Package including direct relief to individuals and families, small businesses, college students and others. There are also resources through the federal American Rescue Plan of 2021. <https://www.whitehouse.gov/american-rescue-plan/>
On April 5, 2021, pursuant to Resolution 2021-044, the City Council added the following Policy Item #116 to its Priority Workplan: “Research and explore Temporary Hero/Hazard Pay for San Pablo Grocery Workers as COVID-19 Essential Workers” and subsequently directed that staff send letters to the local grocery stores owners and management to encourage discussions with grocery workers regarding safety and compensation.
On April 16, 2021, the Governor signed Senate Bill 93 requiring certain employers in the hospitality and business services sectors to offer jobs back to employees laid-off during the COVID pandemic.
California’s July 2021 unemployment rate of 7.6% was 5.6 percentage points lower than it was in July 2020; although, new unemployment claims continue.
On February 9, 2022, the Governor signed SB 114 requiring California employers with more than 25 employees to provide up to 40 hours of COVID-10 Supplemental Paid Sick Leave retroactive to January 1, 2022 and through September 30, 2022. <https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB114>
Meetings of the City Council and other Brown Act Committee
The Governor signed Executive Order N-29-20 on March 17, 2020, which allowed local governments to hold public meetings through teleconferencing without: noticing the location of each member, allowing the public to participate from each remote location, and requiring a quorum to be within the agency’s boundaries. On June 11, 2021, the Governor signed Executive Order N-08-21 that continued this authorization but only through September 30, 2021.
The California Legislature passed Assembly Bill (AB) 361 as an urgency item effective immediately (attached), which was then signed by the Governor on September 16, 2021. The Governor also signed Executive Order N-15-21 that allows cities to continue to rely on the Governor’s Executive Orders through September 30, 2021 or to operate under AB 361. AB 361 will expire on January 1, 2024.
AB 361 allows teleconferencing during a proclaimed state of emergency in the following circumstances:
• State or local officials have imposed or recommended measures to promote social distancing (e.g. during a pandemic); or
• The meeting is being held for the purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or
• The legislative body (e.g. City Council) has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (e.g. during a fire evacuation).
Once a legislative body votes to implement AB 361, these requirements apply to the teleconferenced meeting under AB 361:
• Notices and agenda requirements for the meeting remain the same under the Brown Act, with the additional requirement that the notice must include the means by which the public may access the meeting and provide public comment.
• The agency does not have to provide an in in-person option or physical location for the public to attend the meeting or to make public comment.
• The public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda.
• Teleconference meetings must protect the statutory and constitutional rights of the parties and the public, which includes allowing the public “address the legislative body directly.” Legislative bodies may allow public comments to be submitted prior to a meeting, but must also allow the public to participate in real time through call-in or internet-based service.
• If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed (e.g. the internet connection is lost).
• If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting.
• When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment, and must also include reasonable time for members to register with a third-party host, if applicable.
• If the agency provides a timed public comment period, the public comment period must be left open until the time expires. (San Pablo doesn’t provide a timed public comment period such as public comments received until 7:00 p.m. for each regular meeting or only for 30 minutes at the start of each meeting.)
Under AB 361, the legislative body (e.g. City Council) must make findings every 30 days to continue to conduct teleconference meetings under AB 361. The legislative body must find it has reconsidered the circumstances of the state of emergency and either: 1) the emergency continues to impact the ability to meet safely in person; or 2) State or local officials continue to impose or recommend social distancing.
On September 20, 2021, Contra Costa Heath Services Department provided recommendations for safely holding public meetings given the COVID-19 pandemic signed by Health Officer Chris Farnitano, MD. These recommendations were updated by new Health Officer Ori Tzvieli, MD on February 2, 2022, March 1, 2022, April 15, 2022, May 16, 2022, June 14, 2022 and (attached) July 5, 2022. The Department’s primary recommendation is: “On-line meetings (teleconferenced meetings) are encouraged, where practical, as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19.”
If the local agency determines to hold in-person meetings, the Contra Costa Health Services Department recommendations include:
• Offering the public an option to participate by call-in option or internet-based service option;
• Maintaining a written safety protocol including social distancing where feasible (six feet separation between attendees) and masking of all attendees;
• Holding the meeting outdoors;
• Symptom checks; and
• Voluntary attendance sheet to assist with contact tracing of any COVID-19 cases related to the public meeting.
During the pandemic, San Pablo conducted its City Council meetings virtually, as well as other Brown Act bodies (e.g. Planning Commission). On May 13, 2021, the City Manager as Director of Emergency Services issued a Modified City Operations Plan v.11 with the preliminary re-opening of certain meetings on August 1, 2021 and re-opening of all City facilities to the general public on October 1, 2021. With the ratification of this action by the City Council, inconsistencies in “Order No. 2 of the Director of Emergency Services for the City of San Pablo, State of California: City Council Meeting Protocols at City Hall during COVID-19 Emergency” were superseded.
At a Special City Council meeting on September 29, 2021, pursuant to Government Code section 54953(e) that a State of Emergency proclaimed by the Governor exists with state or local officials recommending social distancing due to the COVID-19 pandemic, the City Council determined that all meetings of San Pablo Brown Act bodies - including the City Council, City Council Standing Committees, Planning Commission, Youth Commission and Public Safety Commission - shall occur by teleconference/videoconference. The only expected deviation is a closed session meeting on February 16, 2022 to interview new city attorney candidates given the critical nature of that appointment and limited number of attendees due to the closed session. Members of the public will be allowed to comment in person for 3 minutes during the initial open session, as well as online or by phone.
Under the revised Brown Act/Assembly Bill 361, the City Council is required to revisit this determination at least every 30 days starting October 4, 2021. That determination would be reflected in the resolution extending the declaration of local emergency that will continue to be on the consent calendar at each regular City Council meeting to ensure no gaps in the determination being made every 30 days. Like any consent calendar item, the City Council could pull the item off the consent calendar for further discussion during any meeting.
The City Manager/Director of Emergency Services adopted Revised Modified City Operations Plan version 20 dated April 12, 2022 establishing in-person meetings for the City Council, Council Standing Committees and Commission meetings starting May 2, 2022, which was amended by the City Council pursuant to Resolution 2022-063 to extend remote meetings through June 30, 2022, and that when in-person meetings do begin, those meetings will be conducted under the following parameters:
• All attendees at the meeting - including elected and appointed officials and staff -- are required to wear a face mask properly covering the nose and mouth (The City will provide a face mask to any member of the public who does not have one or if the individual’s face mask does not meet the requirements of federal, state or local public health requirements)
• Social distance (6 feet apart)
• Follow screening protocols (questions about health and COVID exposures)
• Submission of voluntary attendance sheet to allow for contact tracing if there is a COVID outbreak
• Eating or drinking will not be allowed inside any City facility by members of the public.
• Phone-in option will be provided for participation under Assembly Bill 361 findings made every 30 days:
■ Instructions for phone-in option must appear in posted agenda;
■ If disruption of phone-in service, City must suspend meeting until problem is fixed; and
■ Allow reasonable time for public to register with a third-party host of phone-in service, if applicable.
Allowing a phone-in option for participation even when the Council (and Standing Committees and Commissions) are meeting in person at City Hall during the COVID-19 pandemic is consistent with the stated aim of AB 361 “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options.”
By Resolution 2022-103, the City Council extended remote meetings for the City Council, Council Standing Committees and Commission meetings through September 30, 2022 in accordance with the requirements of AB 361.
RECOMMENDATION
The City Manager/Director of Emergency Services recommends that the City Council extend the declaration of a local emergency; determine that the City Council and other Brown Act bodies in the City of San Pablo continue to meet remotely through September 30, 2022 due to COVID-19 social distancing recommendations from Contra Costa Health Department and for the safety of all; and confirm the additional actions taken by the Director of Emergency Services.
FISCAL IMPACT
At this time, the full fiscal impact of COVID-19 is unknown. As indicated in prior staff reports, the San Pablo Lytton Casino closed on March 17, 2020. For every month that the Casino was closed, the City projected to lose approximately $2.34 million in revenue in addition to $1.3 million every month for other City revenue sources such as sales tax. The Casino reopened on June 16, 2020 with capacity limits in its effort to comply with social distancing and other protocols to minimize the risk of COVID-19 transmission.
On March 25, 2020, the City Manager directed staff to reduce costs in FY 2019/20 by an immediate suspension of all non-essential spending; a City-wide full-time hiring freeze effective April 1, 2020; and a City-wide part-time hiring freeze effective immediately. The City Council adopted revised budgets for FY 2019/20 and 2020/21 on June 15, 2020, with each year relying on use of budgeted reserves per the Fiscal Resiliency Reserve Policy to close the budget shortfalls. For FY 2020/21, balancing the budget relied on concessions from the City’s labor groups and unrepresented employees. Those concessions were restored with the FY 2021/22 budget.
The City of San Pablo is not unique in facing a significant revenue shortfall due to COVID-19 and the shelter-in-place orders, requiring the City to look to use of reserves and reduction in expenses to balance its budget. According to data from the League of California Cities, California cities are anticipating a nearly $7 billion general revenue shortfall over the next two fiscal years. <https://www.cacities.org/Images/COVID19-Fiscal-Impact-on-CA-Cities-Infographic-FIN.aspx> The State’s announcement of a one-year reprieve on the payment of sales and use taxes for certain businesses will also impact the City’s budget. The economic recovery from COVID-19 and its impacts are being estimated in terms of years not months.
The City received $387,860 in the current fiscal year in CARES Act funding, which is the full allotment due to the City. As to the federal American Rescue Plan of 2021, the 2021 payment of $3.7 million was received in July 2021 and the second half in the amount of $3.7 million was received in July 2022. Pursuant to Resolution 2021-104, the City Council directed staff to proceed with a Community Needs Assessment process to determine ARPA Funding Priorities and Allocations based on further staff analysis of ARPA eligible fund expenses. Pursuant to Resolution No. 2022-055 dated April 4, 2022, the ARPA funds were allocated to a separate special revenue fund with the entire allocation in the amount of $7.4 reported under the public sector revenue loss category.
Following a community survey process, at the City Council meeting on April 4, 2022, the City Council adopted two resolutions (Resolution 2022-055 and 2022-056) to allocate and appropriate American Rescue Plan (ARPA) funding of $7,413,467 as shown:
ATTACHMENTS
1) Proposed Resolution
2) Contra Costa Health Department recommendations regarding public meetings dated July 5, 2022
3) Resolution 2020-034 Proclaiming the Existence of a Local Emergency dated March 16, 2020