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File #: 21-0297    Name: Consideration of modifications to or repeal of Proclamation of a Local Emergency due to Novel Coronavirus (COVID-19)
In control: Board of Supervisors
On agenda: 4/13/2021 Final action: 4/13/2021
Enactment date: Enactment #:
Title: Consideration of modifications to or repeal of Proclamation of a Local Emergency due to Novel Coronavirus (COVID-19).
Attachments: 1. Agenda Item, 2. Additional Information

DATE:                     April 13, 2021

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Chairman Brandau and Supervisor Magsig

 

SUBJECT:                     Consideration of modifications to or repeal of Proclamation of a Local Emergency due to Novel Coronavirus (COVID-19)

 

RECOMMENDED ACTION(S):

TITLE

Consideration of modifications to or repeal of Proclamation of a Local Emergency due to Novel Coronavirus (COVID-19).

REPORT

 

ALTERNATIVE ACTION(S):

 

Your Board could choose to take no action leaving the current Proclamation of the Local Emergency in effect.

 

FISCAL IMPACT:

 

There is no fiscal impact due to modifications or repeal of the current Proclamation of Local Emergency. Staff has reviewed and found no conflicts that would occur with Federal or State aid to support County pandemic efforts.

 

DISCUSSION:

 

On March 17, 2020 the Board of Supervisors adopted and ratified a Proclamation of a Local Emergency due to the novel Coronavirus (COVID-19). Under the Governor’s executive orders related to the same, this proclamation has continued without need for renewal as is standard for most emergency declarations. By law, emergency declarations were to be reviewed and renewed every thirty (30) days and was only increased to every sixty (60) days this year (CA Government Code 8630(c)). It is the intent in California law that all state of emergencies be terminated at the “earliest possible date” (CA Government Code 8629, Fresno County Ordinance Code 2.44.060). The periodic review of these proclamations is vital for good governance and protection of civil liberties that may be suspended under these orders.

 

As Fresno County and the State of California enter the final phase of the COVID-19 Pandemic response and the process for reopening the shuttered sectors of our economy begins in earnest, review of our current Proclamation of Local Emergency is warranted. Further, as the Governor announced his intent to lift most of the State-ordered restrictions across the board and reopen on June 15, 2021, we must begin to review our own local emergency orders to make sure we do not impede this reopen process or be further restrictive than the State mandates.

 

This item is a review of the current order and determine if modifications or repeal are warranted at this time. The Board may also choose to take no action at this time. Repeal of the current local order would still leave the County in compliance with Governor’s State of Emergency and would not impact staff’s or our partner agencies continued coordination in the pandemic and vaccination response.

 

REFERENCE MATERIAL:

 

BAI #2, March 17, 2020

 

CAO ANALYST:

 

Ron Alexander