Loading...
HomeMy WebLinkAboutCC RES 2020-24RESOLUTION NO. 2020-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY DUE TO THE COVID-19 PANDEMIC, ISSUED BY THE CITY MANAGER/EMERGENCY CORPS COMMANDER ON MARCH 17, 2020. WHEREAS, the federal Centers for Disease Control and Prevention ("CDC") has confirmed multiple cases of individuals who have severe respiratory illness caused by a Novel Coronavirus (COVID-19), as well as death caused by the illness; and WHEREAS, the CDC, considers COVID-19 to be a very serious public health threat with outcomes ranging from mild sickness to severe illness and death; and WHEREAS, as of March 17, 2020, the County of Riverside reported a total of 16 cases of COVID-19 in the County, with the majority of cases reported in the Coachella Valley, of which three deaths occurred locally; and WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency for the State of California due to the COVID-19 pandemic; and WHEREAS, on March 8, 2020, the Riverside County Public Health Officer issued a declaration of a local public health emergency and on March 10, 2020, the Riverside County Board of Supervisors approved Resolution No. 2020-062 proclaiming existence of a local emergency regrading Novel Coronavirus (COVID- 19); and WHEREAS, on March 13, 2020, the President of the United States issued a proclamation declaring the COVID-19 outbreak in the United States as a national emergency, beginning March 1, 2020; and WHEREAS, per Section 2.48.110 of the Palm Desert Municipal Code, the City Manager shall be Emergency Corps Commander; and WHEREAS, Palm Desert Municipal Code Section 2.48.090 empowers the City Manager for the City of Palm Desert ("City") to proclaim a local emergency for good and sufficient reason, if the City Council is not in session; and WHEREAS, on March 17, 2020, the City Manager, acting in her capacity as the Emergency Corps Commander, proclaimed the existence of a local emergency due to the COVID-19 pandemic. Resolution No. 2020-24 NOW, THEREFORE, BE IT RESOLVED AND PROCLAIMED, by the City Council of the City of Palm Desert, California, that 1. A Local Emergency exists throughout the City of Palm Desert. 2. The City Council hereby ratifies the Proclamation of Local Emergency due to the COVID-19 pandemic, issued by the City Manager/Emergency Corps Commander for the City of Palm Desert on March 17, 2020. 3. That the powers, functions, and duties of the City Manager/Emergency Corps Commander shall be those prescribed by state law and the ordinances, resolutions, and approved plans of the City of Palm Desert to mitigate the effects of said emergency. 4. Per Sections 2.48.090 and 2.48.140 of the Palm Desert Municipal Code, the City Council finds that an emergency exists and that the Council shall be considered in continuous session during the existence of a declared emergency affecting the City. 5. The City of Palm Desert is committed to protecting the public and staff by minimizing the spread of COVID-19. The City has and will continue to follow the guidelines provided by the State of California and the Riverside County Public Health Officer. 6. During the length of this declared local emergency, the City Manager shall be Emergency Corps Commander. In the absence or inability of the City Manager to act, she shall automatically be succeeded as Emergency Corps Commander by any of the following officials in the order named: i. Assistant City Manager ii. Director of Administrative Services iii. Risk Manager iv. Director of Finance v. Director of Community Development vi. Director of Economic Development vii. Director of Public Works viii. City Clerk ix. Director of Building and Safety IT IS HEREBY FURTHER RESOLVED AND ORDERED that the provisions of this Resolution shall become effective upon adoption and that the Local Emergency shall be deemed to exist until its termination is proclaimed by the City Council of the City of Palm Desert. -2- Resolution No. 2020-24 IT IS FURTHER RESOLVED AND ORDERED that a copy of this resolution will be forwarded to the Riverside County Operational Area. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council on this 20th day of March, 2020, by the following vote, to wit: AYES: HARNIR, JONATHAN, BELLY, WEBER, Aitd NESTANDE NOES: NONE ABSENT: NONE NONE: NONE NES /4410 TANDE, STA'NDE, MAYOR IN ATTEST: AqP WA PO I R HELLE D. KLASSE 1, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 2020-24 [This page has intentionally been left blank.] A RESOLUTION OF THE CITY OF PALM DESERT, PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY BY THE CITY MANAGER/EMERGENCY CORPS COMMANDER. WHEREAS, the federal Centers for Disease Control and Prevention ("CDC") has confirmed multiple cases of individuals who have severe respiratory illness caused by a Novel Coronavirus (COVID-19), as well as death caused by the illness; and WHEREAS, according to the CDC, there is currently no vaccine to prevent COVID-19 and no specific antiviral treatment recommended by the CDC at this time; and WHEREAS, the CDC, considers COVID-19 to be a very serious public health threat with outcomes ranging from mild sickness to severe illness and death; and WHEREAS, on March 8, 2020, the first case of COVID-19 was confirmed in the County of Riverside, within the Coachella Valley and considered by the Riverside County Public Health Officer to be a case of "community spread"; and WHEREAS, as of March 16, 2020, the County of Riverside reported a total of 15 cases of COVID-19 in the County, with 13 cases in the Coachella Valley, of which two deaths were reported; and WHEREAS, the California Emergency Services Act (California Government Code Section 8360, 8550, et. seq.) empowers the City Council to designate by ordinance a local official with the power to proclaim the existence of a local emergency when the City Council is not in session, so long as such proclamation is ratified by the City Council within seven days, and WHEREAS, Palm Desert Municipal Code Section 2.48.090 empowers the City Manager for the City of Palm Desert ("City") to proclaim a local emergency for good and sufficient reason, if the City Council is not in session; and WHEREAS, on January 30, 2020, the World Health Organization declared the outbreak of a Novel Coronavirus Disease (COVID-19) as a public health emergency of international concern; and WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency for the State of California due to COVID-19; and WHEREAS, on March 8, 2020, the Riverside County Public Health Officer issued a declaration of a local public health emergency and on March 10, 2020 the Riverside County Board of Supervisors approved Resolution No. 2020-062 proclaiming existence of a local emergency regrading Novel Coronavirus (COVID- 19); and WHEREAS, on March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic; and WHEREAS, on March 11, 2020, the Governor of the State of California announced that California public health officials have determined that gatherings of more than 250 people should be postponed or canceled across the State until at least the end of March; and WHEREAS, on March 12, 2020, the Riverside County Public Health Officer ordered the cancellation of all events across the County with an expected attendance of at least 250 people until at least the end of April 30, 2020, and on March 16, 2020, the Public Health Officer revised the previous order restricting public gatherings from 250 people or greater to no more than 10.; and WHEREAS, on March 13, 2020, the Riverside County Public Health Officer ordered the closure of all schools within the County through April 3, 2020; and WHEREAS, on March 13, 2020, the President of the United States issued a proclamation declaring the COVID-19 outbreak in the United States as a national emergency, beginning March 1, 2020; and WHEREAS, per Section 2.48.110 of the Palm Desert Municipal Code, the City Manager shall be Emergency Corps Commander. NOW, THEREFORE, IT IS HEREBY RESOLVED AND PROCLAIMED that a LOCAL EMERGENCY now exists throughout the City and City Manager/Emergency Corps Commander of the City of Palm Desert does hereby find: 1. The efforts required to prepare for, respond to, mitigate, and recover from the increasing spread of COVID-19 have imposed and will continue to impose, extraordinary requirements and expenses on the City, requiring diversion of resources from day-to-day operations. 2. In addition to the above facts, conditions, or threatened condition caused by COVID-19, including, but not limited to, potential isolation and quarantines of residents, employees, businesses, and public safety workers, give rise to conditions of extreme peril to the safety of persons and property within said City. 3. These conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of the City of Palm Desert and will require the temporary closure of City Hall. 4. The City Council of the City of Palm Desert is not in session and cannot immediately be called into session. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of the local emergency the powers, functions, and duties of the City Manager and the emergency organization of the City shall be those prescribed by state law, the City Charter, ordinances, and resolutions of this City; that the local emergency proclamation shall expire unless ratified by the City Council within seven (7) days of this proclamation; and that the City may request any available funding from the California Disaster Assistance Act, the Small Business Administration, and/or any other funding available as a result of this proclamation of local emergency. APPROVED AND ADOPTED by the City Manager/Emergency Corps Commander of the City of Palm Desert, California, on this 17th day of March, 2020. LAURI AYLAIAN, CITY MANAGER EMERGENCY CORPS COMMANDER ATTEST: RA"EL D. LASSE ' ITY CLLRR CITY OF PALM DESERT, CALIFORNIA CITY Of PRIM IIES[RT 73-510 FREI) WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 3 46-061 I info@cityofpalmdcscrt.org ORDER OF THE PALM DESERT CITY COUNCIL ORDER GOVERNING FACE COVERINGS AND SOCIAL DISTANCING IN STORES AND BUSINESSES IN THE CITY OF PALM DESERT EFFECTIVE IMMEDIATELY Date of City Council Order: May 15, 2020 Pursuant to Chapter 2.48 of the Palm Desert Municipal Code and City Council Resolution No. 2020-24, the City Council of the City of Palm Desert hereby ORDERS the following: 1. In light of, and notwithstanding, the Riverside County Board of Supervisors decision on May 8, 2020, to rescind orders of the Riverside County Public Health Officer, all persons in the City of Palm Desert shall continue to use a face covering and social distancing when inside a grocery store or drug store consistent with the "stay-at-home" order issued by California Governor Executive Order N-33-20, as supplemented by Order N-60-20, and guidance related thereto issued by the California Department of Public Health. 2. The City strongly recommends that all other stores and businesses in the city of Palm Desert require the use of face coverings and social distancing when inside their stores or businesses, and that these stores and businesses post notices conspicuously so that all persons entering their stores and businesses know their respective policies concerning the use of face coverings and social distancing. The City also strongly recommends that stores and businesses in the city of Palm Desert follow the "COVID-19 Industry Guidance" for their respective industries, available at the California Department of Public Health website https://covid19.ca.gov/industrv-guidance/, with respect to the use of face coverings for employees and customers or clients. 3. This order is issued to best protect the public health and welfare and follows the most recent orders and directives from the California Department of Public Health. Any subsequent order from the City Council shall be based IIi11110 ON.!(.(l!DIlif1 on further direction, if and when issued, from the California Department of Public Health or the Riverside County Public Health Officer, including any further direction on the Internet Web site for the California Department of Public Health, at: https://covid19.ca.aov(stav-home-except-for-essential- needs) and Riverside County Public Health Office at: https: www.rivcoph.org/coronavirus, or successor Web sites established by the state department or county public health office. 4. The City Manager is hereby directed to coordinate, deploy, and monitor the compliance with this order with notices to the public and any other reasonable means necessary or appropriate. 5. This order shall remain in effect until terminated or amended by subsequent order from the City Council. This Executive Order is issued because a Local Emergency, as defined in Section 2.48.020 of the Palm Desert Municipal Code, has been proclaimed by the City Council of the City of Palm Desert to exist due to the threat of the existence and spread of novel coronavirus disease 2019 (COVID-19) in and throughout the city. All of the findings set forth in the recitals to Resolution No. 2020-24 adopted by the City Council are hereby incorporated by reference into this Order of the City Council. This Order of the City Council is issued, pursuant to Section 2.48.150 of the Palm Desert Municipal Code, which allows the City Council to promulgate orders and regulations necessary to provide for the protection of life and property. Such orders and regulations shall be in writing and shall be given widespread publicity and notice. This Order of the City Council is issued in furtherance of the authority and power to address the Local Emergency as provided in the California Emergency Services Act, Chapter 7 (commencing with Section 8550) of Title 2 of the Government Code, and implemented by Chapter 2.48 of the Palm Desert Municipal Code. Any violation of this Order may be determined to be a misdemeanor and punishable by a fine or imprisonment, or both, pursuant to Section 8665 of the Government Code, Section 2.48.180 of the Palm Desert Municipal Code, and any other state or city law as may be applicable. EXECUTED BY: LAURI AYLAIAN, CITY MANAGER CITY OF PALM DESERT, CALIFORNIA CITY Of PERM DESERT "TURBO M tl(Y((:D'N:l