HomeMy WebLinkAboutItem No. 05 - Termination of Local Emergency
Page 1 of 3
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Barbara Leibold, City Attorney
Date:March 14, 2023
Subject:Termination of Local Emergency (COVID-19)
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, TERMINATING THE PROCLAMATION OF LOCAL EMERGENCY IN RESPONSE
TO THE COVID-19 PANDEMIC.
Background
Governor Newsom proclaimed a State of Emergency on March 4, 2020, due to the introduction
of COVID-19 in the State of California. On March 8, 2020, the Riverside County Public Health
Officer declared a COVID-19 local health emergency in Riverside County, which declaration was
ratified by the Riverside County Board of Supervisors on March 10, 2020.
On March 17, 2020, the Lake Elsinore City Manager/Disaster Director proclaimed a local
emergency throughout the City of Lake Elsinore. The City Council ratified that proclamation on
March 24, 2020 by Resolution No. 2020-18. Following the adoption of Resolution No. 2020-18,
the City Council periodically reviewed the necessity for continuing the COVID-19 local
emergency. That determination was last made on February 8, 2022 and, thereafter, all City
Council meetings have been conducted in person.
Lake Elsinore Municipal Code Sections 2.20.130 and 2.20.160, provide that a state of local
emergency exists from the time the proclamation of emergency is issued until such time as it is
terminated by proclamation of the City Council.
Termination of Local Emergency
Page 2 of 3
Discussion
California’s COVID-19 State of Emergency terminated as of February 28, 2023. Based on prior
action by the Riverside County Board of Supervisors, the County’s COVID emergency
automatically ended when the state’s ended.
Throughout the pandemic, the City of Lake Elsinore has followed State and County public health
orders and implemented public health measures to reduce the threat of COVID-19
transmissions. The City has monitored COVID-19 metrics, including cases, test positivity rates,
and related hospitalizations and remained poised to respond in the event increased levels
required reinstituting COVID-19 related precautions and balanced the ongoing operations of City
business with public health measures to protect City employees, residents and businesses.
Based on cases and hospitalizations, Riverside County is at a Low COVID-19 Community Level
indicating that the pandemic is not exerting undue stress on the local healthcare system. As of
March 2, 2023 the Riverside County case rate was 5.4/100,000 population compared to
174.6/100,000 population as of February 3, 2022. The Riverside County 7-day average daily
positivity rate was 7.8% as of March 2, 2023 compared to 29% as of February 2, 2022. Lake
Elsinore statistics show a slightly higher case rate of 8.7/100,000 population and a positivity rate
of 14.2%. Cumulative COVID-19 cases in Lake Elsinore as of March 2, 2023 were 20,788 with a
total of 138 deaths.
The City Council recognizes the ongoing need to monitor and implement public health and safety
measures in response to COVID-19, but given the termination of the State’s and County’s COVID-
19 state of emergency, low transmission levels, widely available vaccines and boosters,
expanding treatment options and increased public awareness and implementation of personal
and public health safety measures and precautions, the conditions that existed in March 2020
that led to the initial declaration of a local emergency no longer support continuing that declaration
and the broad authorities inherent under a local emergency.
Termination of the State’s Emergency Declaration eliminates the flexibility afforded local
government agencies to conduct virtual public meetings. Remote participation by City Council
Members on a going forward basis will be permitted only in accordance with traditional Brown Act
teleconferencing requirements or exceptions for “just cause” or “emergency circumstances”
established by new legislation (Assembly Bill 2449) effective January 1, 2023. While Assembly
Bill 2449 does not prohibit remote participation by the public, very few members of the public have
taken advantage of the Zoom option in Lake Elsinore since in-person meetings have
resumed. Consequently, virtual participation in City Council and Commission meetings will no
longer be offered on a regular basis. Instead, virtual participation via Zoom will be provided only
as an accommodation requested by the public or staff under ADA or by Council Members or
Commissioners pursuant to the “just cause” or “emergency circumstances” provisions of
Assembly Bill 2449.
Termination of Local Emergency
Page 3 of 3
Termination of the local emergency will also extinguish the broad powers and authorities afforded
the City Manager to take emergency actions necessary to support city services during a local
emergency. While critically important at the commencement of the COVID-19 pandemic, these
broad powers and authorities are not necessary under existing conditions. City Hall has been
and remains open to the public during regular business hours, Council and Commission meetings
are conducted in person and City operations are at full scale.
Fiscal Impact
None.
Attachments
Attachment 1 - Resolution
RESOLUTION NO. 23- __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
TERMINATING THE PROCLAMATION OF LOCAL EMERGENCY IN RESPONSE
TO THE COVID-19 PANDEMIC
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State
of Emergency in the State of California due to the presence of and threat posed by the novel
coronavirus ("COVID-19"); and
WHEREAS, on March 8, 2020, the Riverside County Health Officer determined that there
is an imminent and proximate threat to the public health from the introduction of COVID-19 in
Riverside County and declared a Local Health Emergency and the Riverside County Board of
Supervisors ratified the declaration on March 10, 2020; and
WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly
characterized COVID-19 as a pandemic; and,
WHEREAS, on March 17, 2020, the City Manager acting in his capacity as Director of
Emergency Services proclaimed the existence of a local emergency throughout the City of Lake
Elsinore in response to the COVID-19 pandemic; and
WHEREAS, on March 24, 2020, pursuant to Lake Elsinore Municipal Code Section
3.12.060 and applicable state law, the City Council adopted Resolution No. 2020-18 ratifying the
proclamation of local emergency and proclaiming existence of a local emergency regarding
COVID-19; and
WHEREAS, the State’s and Riverside County’s COVID-19 related State of Emergency
terminated effective February 28, 2023; and
WHEREAS, Riverside COVID-19 metrics continue to improve and the County has officially
entered the Low COVID-19 Community Level, indicating that the pandemic is not exerting undue
stress on the local healthcare system; and
WHEREAS, with low transmission levels, widely available vaccines and boosters,
expanding treatment options and increased public awareness and implementation of personal
and public health safety measures and precautions, the City Council finds that the conditions that
existed in March 2020 that led to the initial declaration of a local emergency no longer support
continuing that declaration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds and determines that the foregoing recitals are true
and correct and hereby incorporates them in this Resolution.
SECTION 2. The City Council recognizes the ongoing need to monitor and implement
public health and safety measures in response to COVID-19, but finds and determines that the
broad authorities inherent under a local emergency are no longer necessary in the City of Lake
Elsinore.
Resolution No. 23-__
Page 2
SECTION 3. The City Council declares that current conditions no longer warrant the
continuation of the previously declared local emergency relating to COVID-19 and as a result
such proclamation of local emergency is hereby terminated.
SECTION 4. This Resolution is effective upon its passage and adoption.
PASSED, APPROVED AND ADOPTED this 14th day of March, 2023.
_____________________________
Natasha Johnson, Mayor
ATTEST:
___________________________________
Candice Alvarez MMC, City Clerk
Resolution No. 23-__
Page 3
(STATE OF CALIFORNIA )
(COUNTY OF RIVERSIDE ) ss.
(CITY OF LAKE ELSINORE )
I, Candice Alvarez, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Resolution No. 23-__ being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
TERMINATING THE PROCLAMATION OF LOCAL EMERGENCY IN
RESPONSE TO THE COVID-19 PANDEMIC
was approved and adopted by the City Council of the City of Lake Elsinore on the 14th of March
2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Candice Alvarez, MMC, City Clerk