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(April 27, 2020) -- Amid vocal social network calls by some to loosen some COVID=19 restrictions in LB (LBREPORT.com coverage here), does LB's policy-setting City Council have the power to do so or to direct city maangement's Health Officer (who ordered the restrictions in the first place) to ease them?
Replying to an emailed inquiry from LBREPORT.com, City Attorney Charles Parkin says (full email reply below) that at this point, CA local jurisdictions can only ease their restrictions in ways that don't leave them less restrictive than the Governor's Stay at Home Order (remain at home except for essential activities or critical infrastructure work.) If/when the Governor lifts or modifies his Order, the City's Health Oficer can evaluuate what measure (in her judgment) she believes remain necessary to prevent COVID-19's spread and may revise her LB order accordingly. LBREPORT.com provides CIty Attorney Parkin's emailed response in full below (April 27): Under both the LBMC [Council-enacted Municipal Code] and the California Emergency Services Act (Gov. Code 8550 et seq) a local emergency may only be proclaimed by the City Council. However, in this case the City Council is ratifying a decision made by the City Health Officer since the emergency is a pandemic and related to the public health.
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