That the City Council receive this report and either:
A.  APPROVE AND ADOPT RESOLUTION NO.  ________ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, REAFFIRMING RESOLUTION NO. 5934 WHICH RATIFIED THE DIRECTOR OF EMERGENCY SERVICES' DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY; or

B.  APPROVE AND ADOPT RESOLUTION NO. ________ ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, RESCINDING RESOLUTION NO. 5934 AND TERMINATING THE DIRECTOR OF EMERGENCY SERVICES' DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY.

On January 31, 2020, the United States federal government declared a nationwide emergency in response to a concern for public health related to the novel coronavirus (COVID-19) pandemic.  For this same reason, on February 26, 2020, the County of Orange declared a local health emergency, and on March 4, 2020, Governor Newsom declared a state of emergency in California.  On March 16, 2020, in response to these actions, and pursuant to Government Code Section 8550 et seq., including Section 8558(c), City Manager Sadro, acting in his lawful capacity as Director of Emergency Services for the City of La Habra, proclaimed the existence of a local emergency in La Habra.  On that same date, the City Council ratified the proclamation through its approval of Resolution No. 5934. 

Pursuant to Government Code Section 8630, the City Council is required to review the need for continuing the local emergency at least once every 60 days until the local governing body (i.e. the City Council) terminates the local emergency.  The City Council has, on a regular 60-day schedule, reaffirmed Resolution No. 5934, most recently reaffirming Resolution No. 5934 on February 7, 2022. 
As residents of California continue to receive COVID vaccinations, booster shots or natural immunity as a result of exposure to the virus, the rate of COVID transmission and hospitalization has dropped significantly from what was experienced at the height of the declared emergency.  Accordingly, most of the state and county health orders that had been in effect in California during the past two years have now been suspended.  For example, the use of face masks in crowds and within indoor settings is no longer required, but instead left to individual discretion.  While not every executive order has been rescinded, those that remain in place are generally associated with support for public health safeguards, such as access to COVID testing, distribution of vaccinations and boosters, and protection of hospital capacity, and do not appear to have a direct effect on municipal operations. 

In light of the public health safety measures that remain in place and the reduced threat currently posed by COVID-19, and in consideration of the upcoming 60-day review date pursuant to Government Code 8630, which is Friday, April 8, 2022, staff asks City Council for direction whether to reaffirm or terminate the local health emergency.  Staff has prepared two resolutions for City Council consideration: one that reaffirms the local health emergency and another that terminates the local health emergency (Attachments 1 and 2, respectively). 

When the City Council originally affirmed Resolution No. 5934, it also temporarily suspended enforcement of the following municipal regulations, as outlined in the La Habra Municipal Code (LHMC), in order to temporarily alleviate certain impacts on La Habra residents and businesses:

Suspend enforcement of overnight parking and street sweeping violations (LHMC 10.20.180 and 10.2030);

Suspend water/sewer/refuse utility customer shutoffs/service interruptions for nonpayment and waive all late payment fees, subject to the requirement that all past due bills must be brought current once the emergency declaration has been terminated (LHMC 4.50.130);

Suspend late payment fees for business license applications/renewals, subject to the requirement that unpaid business license application/renewal fees and taxes must be brought current once the emergency declaration has been terminated (LHMC 5.04.160); and

Suspend banner permit requirements, fees, and enforcement of regulations related to temporary signage for local businesses and non-profits (LHMC 15.40.220).

Given recent actions by the federal, state, and county governments related to public health, staff recommends the City Council terminate the local health emergency.  In the event the City Council chooses to rescind the local health emergency declaration, and consistent with applicable state orders to the contrary, the City will resume its normal business practices. Some of the aforementioned municipal regulations that were temporarily suspended, specifically the temporary suspension of overnight parking and street sweeping violation enforcement, returned to normal in 2021 upon the State's lifting of the "stay at home" order.  All other temporarily suspended City regulations still in effect that have not been preempted by State orders, will automatically end when Council terminates the local health emergency.

In the event future public health conditions related to COVID-19 or an associated or different variant become a matter of concern, or if regional, state or federal officials re-institute significant public health measures and restrictions as a result of a significant outbreak, staff will notify the City Council and seek appropriate policy guidance at that time, including the possibility of declaring a new local emergency and once again enacting temporary local regulations and restrictions, as necessary.