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Home My WebLink About01 Res 2020-83 - Regional Stay at Home Order-Local EnfrcmntMEETING DATE 1A /A111120A0 STAFF REPORT CITY OF PALM DESERT 1000NTINUEDTO C/_ da UAICPi-lain. CITY ATTORNEY'S OFFICE] PASSEST02ND READING MEETING DATE: December 22, 2020 PREPARED BY: Robert Hargreaves, City Attorney, and Jill Tremblay, Deputy City Attorney REQUEST: Approve Resolution No. 2020-83, adopting the Regional Stay at Home Order and Local Enforcement Thereof Recommendation: Waive further reading and adopt Resolution No. 2020-83. Backqround On March 17, 2020, the City Manager declared a local emergency due to COVID-19 and the City Council ratified the declaration on March 20, 2020. On December 3, 2020, the California Public Health Officer ordered all individuals living in regions where ICU bed capacity is less than 15% to stay home or at their place of residence, except as necessary to conduct activities associated with the operation, maintenance, or usage of critical infrastructure, as required by law, or as specifically permitted in the order. On December 3, 2020, ICU bed capacity dropped below 15% in the Southern Region, which includes Riverside County. A 3-week stay at home order is in place that began on December 6 and will run through December 28, unless further extended. The sale of food, beverages, and alcohol for in-store consumption is prohibited for retail facilities, including restaurants. Wineries, breweries and bars must close. Personal care services such as body art professionals, tattoo parlors, and piercing shops must close as well. The City Council discussed the Regional Stay at Home Order at its December 15, 2020 emergency meeting, noted that local hospital ICUs have nearly reached capacity, and requested that staff prepare a Resolution adopting the Regional Stay at Home Order within the City and providing for local enforcement thereof. Discussion The proposed Resolution would adopt the Regional Stay at Home Order for the City and would allow the City to pursue criminal misdemeanor and administrative enforcement, but only after December 28t" (provided that the Regional Stay at Home Order is extended) and only after warnings and opportunities for voluntary compliance are given. 72500.00935\33543584. I December 22, 2020 - Staff Report Resolution Adopting Regional Stay At Home Order and Enforcement Page 2 of 2 The Regional Stay at Home Order can only be enforced criminally by local peace officers and the District Attorney, pursuant to state law. (Gov. Code, § 8665; Health & Saf. Code, §§ 101029 and 120155.) However, if the City Council adopts the Regional Stay at Home Order, the City can enforce its order as a criminal misdemeanor (PDMC, §§ 2.48.150, 2.48.180) or via administrative enforcement as long as the City specifically allows for this type of enforcement in its order. The proposed Resolution not only adopts the Regional Stay at Home Order (as it may be modified or extended), but specifies that the City may enforce it criminally (as is currently allowed in PDMC § 2.48.180) and administratively under Palm Desert Municipal Code Chapter 8.81 Administrative Citations, as specifically stated in the Resolution. The proposed Resolution provides that City staff will only enforce the order, either criminally or administratively, after providing warnings and giving a reasonable opportunity to voluntarily comply. If compliance is not gained voluntarily, the City may issue misdemeanor citations or administrative citations that carry a $500 fine; each day that a violation exists being a separate citable offense. (PDMC, §§ 1.12.040, 2.48.180.) Fiscal Analvsis There is no fiscal impact to the General Fund associated with the adoption of this Resolution. LEGAL REVIEW RH DEPT. REVIEW Tzwy csf�uinLL FINANCIAL REVIEW N/A Ryan Stendell Robert W. Hargreaves Director of Community Janet M. Moore City Attorney Development Director of Finance Randy Bynder Interim City Manager ATTACHMENT: Resolution No. 2020 - 83 ASSISTANT CITY MANAGER N/A Andy Firestine Assistant City Manager 725 00.0093 5\33 543 5 84. 1 RESOLUTION NO. 2020 - 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A SUPPLEMENTARY LOCAL EMERGENCY ORDER INCORPORATING BY REFERENCE THE ACTING STATE PUBLIC HEALTH OFFICER OF THE STATE OF CALIFORNIA'S REGIONAL STAY AT HOME ORDER WHEREAS, on March 17, 2020, pursuant to the City of Palm Desert Municipal Code section 2.48.090, the City Manager, acting as the Emergency Corps Commander, declared the existence of a local emergency within the City of Palm Desert, due to the threat presented by the.COVID-19 pandemic, which declaration was subsequently ratified by the Palm Desert City Council on March 20, 2020; and WHEREAS, on December 3, 2020, the Acting State Public Health Officer of the State of California ordered all individuals living in Regions of the State of California where ICU bed capacity is less than 15% to stay home or at their place of residence, except as necessary to conduct activities associated with the operation, maintenance, or usage of critical infrastructure, as required by law, or as specifically permitted in the order; and WHEREAS, on December 3, 2020, ICU bed capacity dropped below 15% in the Southern Region (Riverside County inclusive). A 3-week stay at home order has been put into effect starting December 6, 2020. The sale of food, beverages, and alcohol for in- store consumption is prohibited for retail facilities, including restaurants. Wineries, breweries and bars must close. Personal care services such as body art professionals, tattoo parlors,(and piercing shops must close as well; and WHEREAS, more recently, the ICUs in local hospitals have nearly reached capacity; and WHEREAS, pursuant to Palm Desert Municipal Code section 2,48.150, the City Council is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; and WHEREAS, the City of Palm Desert City Council is authorized to revise their emergency declaration and related orders, as the situation evolves. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT THAT: The Regional Stay at Home Order, dated December 3, 2020, as it may be modified or extended, is hereby incorporated into this Resolution as though fully set forth herein, and shall be deemed to be an order of the City of Palm Desert City Council within the City of Palm Desert. Misdemeanor enforcement, or administrative enforcement pursuant to Palm Desert Municipal Code Chapter 8.81, will not be pursued until warnings and opportunities to comply have been exhausted and not before December 28, 2020. -1- RESOLUTION NO. 2020-83 IT IS FURTHER RESOLVED AND ORDERED, this order is a temporary emergency measure, which is effective immediately and shall remain in effect unless and until modified or superseded by the Emergency Corps Commander or City Council. PASSED, APPROVED, AND ADOPTED by the Palm Desert City Council on this 22"d day of December 2020, by the following vote to wit: AYES: NOES: ABSENT: NONE: KATHLEEN KELLY, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK -2-