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HomeMy WebLinkAboutReview of Formal and Informal Actions Under COVID-19 Status of Emergency Orders-ProceduresCITY OF PALM DESERT CITY MANAGER'S DEPARTMENT MEMORANDUM To: Mayor and Councilmembers From: Andy Firestine, Assistant City Manager Date: June 11, 2020 Subject: Review of Formal and Informal Actions Under COVID-19 Emergencv Authority The City Manager's Office, in coordination with legal counsel, is preparing an account of the City's formal and informal emergency actions since the Governor of California issued a Proclamation of a State of Emergency, including a review of the Proclamation of Local Emergency. It will also provide an assessment of those actions the City may want to take using its emergency powers. This analysis will be provided as supplemental information prior to the City Council meeting. AF:glr STAFF REPORT CITY OF PALM DESERT CITY MANAGER'S OFFICE MEETING DATE: June 11, 2020 PREPARED BY: Lauri Aylaian, City Manager REQUEST: Review of Formal and Informal Actions under COVID-19 Emergency Authority and Considerations for the Future Recommendation Review the City's formal and informal actions taken during the COVID-19 pandemic and discuss next steps as the State begins to reopen. City staff believes that the Proclamation of Local Emergency should stay in place to support any future public health needs, promote the City's economic recovery, and maintain the City's eligibility to seek existing and future funding opportunities. Background In early March 2020, just days after the Governor of California issued a Proclamation of a State of Emergency, Riverside County reported its first known case of the 2019 coronavirus disease ("COVID-19"). The following week, on March 10, 2020, the Riverside County Board of Supervisors approved Resolution No. 2020-062 proclaiming existence of a local emergency. The President of the United States issued a proclamation declaring a national emergency on March 13, 2020. The purpose of this staff report is to review the City's current emergency orders, the City's informal actions under emergency authority, actions the City may want to take during the recovery period, and next steps into the future. Analvsis I. City's Formal Emergency Actions The City has formally enacted a Proclamation of Local Emergency and an Executive Order requiring that face coverings be worn in certain places. A. Proclamation of Local Emerqencv On March 17, 2020, the City Manager proclaimed a local emergency in the City, pursuant to the California Emergency Services Act (California Government Code Section 8360, 8550, et. seq.) and Palm Desert Municipal Code Section 2.48.090 (hereinafter referred to as the "Proclamation"). During the local emergency, the City Manager has acted and June 11, 2020 Potential Implications of Lifting COVID-19 Local Emergency Orders Page 2 of 6 continues to act as Emergency Corps Commander. (Municipal Code, § 2.48.110.) The City Council ratified the Emergency Corps Commander's Proclamation on March 20, 2020. The City's Proclamation generally: • Authorizes the undertaking of extraordinary police powers; • Provides limited immunity for emergency actions of City employees and the City Council; • Authorizes the issuance of orders and regulations to protect life and property (e.g., face covering requirements); • Activates pre -established local emergency provisions such as special purchasing and contracting; and • Is the first step in process to access state/federal disaster relief programs. The City's informal actions to date that have been generally authorized by the Proclamation are discussed in further detail, below. B. Executive Order Reauirinq Face Coverings As authorized by the City Council on May 14, 2020, on May 15, 2020 the Emergency Corps Commander issued an Executive Order requiring persons 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 ("Executive Order"). II. City's Informal Emergency Actions In addition to the formal actions detailed above, the City has taken informal actions under its emergency authority. A. Purchasinq The Municipal Code's Purchasing System requirements found in Chapter 3.30 detail the City's formal bidding procedure including notice and publication requirements and the alternative method of obtaining price quotes. During the local emergency, in the interest of saving time and resources, the City has made relatively minor purchases without posting notices or getting competitive quotes, notably the printing of temporary vinyl banners in conjunction with the Palm Desert Area Chamber of Commerce businesses operating in accordance with the State essential business guidelines. Overall, while the June 11, 2020 Potential Implications of Lifting COVID-19 Local Emergency Orders Page 3 of 6 authority exists, purchases have been limited as the City has sought to minimize discretionary expenditures during a period of economic uncertainty. B. Sign Ordinance Municipal Code Chapter 25.26 Signs includes certain restrictions limiting the size of "Open" signs and prohibiting temporary and banner signs displayed for more than thirty days, in addition to other commercial sign rules. Due to the nature of the pandemic, with many businesses shutting down under the Governor's Executive Order while others remained open or have subsequently opened over the course of the phased reopening of the economy, there has been increased demand for temporary signage to denote those businesses that are open and providing service to the public. While not all of this signage is explicitly permitted in the Municipal Code, the City has not enforced against such signage as it has worked to lessen confusion over which businesses are open and operated as a catalyst for economic recovery. C. Workplace Protocol Municipal Code Chapter 2.52 Personnel System, Article V Workplace Policies memorializes the City's general workplace protocol including attendance, dress code, and technology use rules. The City continues to enforce general standards of conduct, and harassment and discrimination policies. The City has also instituted policies to promote remote work where practical during the pandemic, such as being adaptive to the place where work is conducted and assigning City equipment to staff to take home, enabling them to perform work remotely. The City has also altered work schedules, both to minimize the staffing level at City Hall and in recognition that each remote work place is different and that the City needs to be responsive to those unique circumstances and the challenges faced by staff adapting to these conditions. D. Applications for Grant Fundinq Once the local emergency was proclaimed, the City became eligible to request available funding from a variety of sources. For example, the Federal Emergency Management Agency ("FEMA") has simplified the Public Assistance application and funding process to address the magnitude of impacts from the COVID-19 pandemic. The City has applied for a FEMA grant, which is now pending, as the City gathers documentation to submit for reimbursement. In addition, the City is currently working on an Economic Development Administration ("EDA") grant application and if funding becomes available, the City plans to use any funds obtained to cover lost transient occupancy tax ("TOT") revenue for March, April, and May. June 11, 2020 Potential Implications of Lifting COVID-19 Local Emergency Orders Page 4 of 6 City staff continues to review available opportunities for funding, as the future is not entirely certain. So far, however, expenditures have remained in budget. III. Actions the City May Want to Take Using Emergency Powers A. Public Health The public health situation is uncertain. The curve may continue to flatten and we may see a consistent reduction in cases and deaths. On the other hand, reopening may lead to an increase in cases, a new strain may form, or a "second wave" may occur. It is difficult to predict what will happen in the near future and beyond. Proclamation of Local Emergency If the City and surrounding area experiences a reduction in cases, it may consider modifying or rescinding the Proclamation of Local Emergency. The City is covered by the Riverside County proclaimed local emergency, and does not technically need its own proclamation (Government Code, § 8634); however, if the County rescinds its order and the City continues to experience serious impacts, it would need its own Proclamation to continue making public health orders, act under its emergency powers, and to be eligible for funding. Keeping the Proclamation active in no way prevents the City from reopening. In fact, the Proclamation's authority can assist the City's economic recovery efforts and keep the City eligible for State and federal funding, as discussed below. Another practical reason for keeping the Proclamation in place is that City Hall is still closed, and will likely not be reopened to the public before the end of the month due to the time needed to procure and install safeguards to protect the health of staff and the public. Terminating the Proclamation in the immediate future might lead the public to believe that City Hall is physically open now. 2. Executive Order Regarding Face Coverings The City may determine that the Executive Order regarding face coverings should be modified or rescinded. By having the Proclamation of Local Emergency in place, the City can continue to make public health orders, including ones regarding social distancing and face coverings. As virus case and death statistics change and new studies provide information on the effectiveness of face coverings, the Executive Order can be reviewed and modified/rescinded as necessary. June 11, 2020 Potential Implications of Lifting COVID-19 Local Emergency Orders Page 5 of 6 B. Economic Recovery The City's Proclamation can assist economic recovery throughout the City. Street Closures and Parking Waivers The California Vehicle Code and City's Municipal Code Muni Code includes regulations streets and parking regulations. The City is considering allowing certain street closures and parking waivers so that restaurants are able to accommodate more persons for open air dining and can do so under the Proclamation of Local Emergency. This can help restaurants that are still required to limit occupancy in doors. 2. Sign Ordinance As discussed above, the strict enforcement of City's sign regulations on temporary signs have been relaxed in efforts to support commercial enterprise. Under the Proclamation, the City can continue to suspend its enforcement of signs that may not be in strict compliance with the Municipal Code for the purpose of supporting economic recovery. C. Grant Fundinq Terminating the Proclamation may impact funding opportunities. As mentioned above, the City can begin reopening without rescinding the Proclamation and can loosen any emergency rules, consistent with state and county reopening orders. However, once the Proclamation is rescinded, it creates a justification for FEMA or other funding sources to take the position that a City is ineligible for funds because it has affirmatively stated there is no emergency. Additionally, it is uncertain as to what other funding might come down the pipeline and what eligibility criteria there will be for those funds. To be conservative, it is best to keep the emergency declaration in place as long as there are still federal/state/county emergencies. For example, Tulare County voted to reopen before receiving state authorization, and the Governor's Office of Emergency Services ("Cal-OES") sent the County a letter stating that the County would be ineligible for emergency funding because its action showed there was no emergency. June 11, 2020 Potential Implications of Lifting COVID-19 Local Emergency Orders Page 6 of 6 IV. Actions by other Jurisdictions in Riverside County Riverside County released a report on May 29th including the following tally of the entities that have proclaimed a local emergency: Entities Proclaimed Local Emergency Cities 28 Tribes 9 Special Districts 17 Utilities 0 As of the date of this report, none of these entities have terminated their Proclamations. V. Where We Go From Here —Next Steps The COVID-19 pandemic continues to impact public health, the economy, and our community. At this point, City staff believes that the Proclamation of Local Emergency should stay in place The Proclamation of Local Emergency supports the continuation of similar formal and informal actions that have been taken thus far. Even as the City begins to make efforts to reopen City Hall and as Riverside County advances a reopening plan under the state, staff anticipates that there will be ongoing needs for the flexibility granted through the Proclamation, including flexibility that the City may seek to take positions on such things as the closure of streets or reduction of parking to permit outdoor dining. It may also enable grant opportunities and the recovery of lost revenues. There is little foreseen risk to remaining under the Proclamation as it does not inhibit the City's ability to reopen. LEGAL REVIEW ma DEPT. REVIEW L-AC Robert W. Lori Carney Hargreaves Director of City Attorney Administrative Services City Manager Lauri Aylaian: 29 FINANCIAL REVIEW Janet M. Moore Director of Finance ASSISTANT CITY MANAGER oq4 artt"ttae Andy Firestine Assistant City Manager