TITLE
Recommendation to confirm City Manager’s promulgation of the revised Health Order for the Control of COVID-19, issued on April 29, 2022, by the City of Long Beach Health Officer as a regulation. (Citywide)
DISCUSSION
On March 19, 2020, the City’s Health Officer issued a Public Health Emergency Order to mitigate the effects of COVID-19 (Health Order) within Long Beach. The City’s Health Officer has revised the Health Order from time to time, as necessary, to protect public health and safety during this ongoing emergency. On April 29, 2022, the City’s Health Officer issued revisions to the Health Order. The revised Health Order (attached) was issued include:
• Requiring masks in all public transit within the City of Long Beach (City), such as, commuter trains, subways, buses, taxis and ride-shares, and indoor transportation hubs, such as airport terminals, bus, train and subway stations, marina or port stations. It remains the CDC’s continuing assessment that at this time, an order requiring masking for indoor public transit is necessary to protect the public health. This masking requirement will be reassessed when: the 7-day case rate drops below 50 per 100,000 OR the CDC’s assessment is that an order requiring masking in the transportation corridor is no longer necessary for protection of the public’s health OR within 30 days of this Order, whichever occurs first.
On May 12, 2020, the City Council adopted Long Beach Municipal Code (LBMC) Chapter 8.120, “Temporary Enforcement of Long Beach Health Orders Related to COVID-19,” which became effective immediately as an urgency Ordinance. Chapter 8.120 requires, where practicable, the City Council to confirm COVID-19 Health Orders for the sole purpose of authorizing the City Manager’s promulgation of such Health Orders. In the event it is not feasible to do this, Chapter 8.120, as amended on January 19, 2021, requires the City Manager to, within 14 days of promulgation of said Health Orders or at the next duly noticed public meeting of the City Council, request the City Council to confirm the City Manager’s promulgation of the Health Order. The City Manager’s promulgation of the Health Order, and City Council’s confirmation of such orders, authorizes enforcement authority of the Health Orders under the Proclamation of Local Emergency and provisions of Chapter 8.120.
This process recognizes the potential need for the City's Health Officer to quickly amend or update, and the City Manager to promulgate as a regulation under the LBMC, City Health Orders that protect life and property as affected by the COVID-19 emergency. The process allows for the City to respond to the rapid development of COVID-19, while ensuring the City Council maintains oversight of the COVID-19 local emergency and the City Manager's promulgation of related orders.
This matter was reviewed by Deputy City Attorney Taylor M. Anderson and by Budget Manager Grace H. Yoon on May 2, 2022.
STATEMENT OF URGENCY
LBMC Chapter 8.120 requires the City Manager to, within 14 days of promulgation of said Health Orders or at the next duly noticed public meeting of the City Council, request the City Council to confirm the City Manager’s promulgation of the Health Order. The Health Order was revised and promulgated on April 29, 2022.
EQUITY LENS
The City has incorporated the Equity Toolkit into the City's Emergency Operations Center, as requested by the City Council on April 21, 2020. The revised Health Order takes the City’s equity approach into consideration when the Health Order is drafted and implemented. The City’s enforcement model for compliance with the Health Order prioritizes education with the community first.
TIMING CONSIDERATIONS
City Council action is requested on May 10, 2022. Confirmation by the City Council of the revised Health Order is a requirement of LBMC Chapter 8.120.
FISCAL IMPACT
The full fiscal impact of the implementation and enforcement of the revised Health Order is unknown at this time, due to the unprecedented and quickly changing nature of the response to the pandemic. The Health Order and its amendments have an inherent impact on the health of the community and economic activity of Long Beach. There is substantial evidence provided through various public City reporting that the Health Order and its amendments are positively impacting the health and safety of Long Beach residents; and, there is substantial evidence, also provided through other public documents issued by the City, that the Health Order and its amendments are negatively impacting the economy and the City’s financial status. As the Health Order is modified from time to time, the modifications are intended to ensure compliance with State directives and to strike a balance, appropriate at the time of modification, between the safety and well-being of residents and other important considerations such as economic impacts. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
THOMAS B. MODICA
CITY MANAGER