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HomeMy WebLinkAbout01A Res 2020-83 Revised -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, to support commerce, it is desirable to assure that all Palm Desert businesses are adhering to the same safeguards; 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 REDLINE -2- 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 28th. City remedies will be used only when state and county resources have not been sufficient to assure consistency in business safeguards, with punitive measures reserved for any case of flagrant and consistent disregard and in any event not prior to December 28, 2020 and after notice to members of the City Council. The Mayor will call an emergency meeting if requested independently by two Council members. 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 22nd day of December 2020, by the following vote to wit: AYES: NOES: ABSENT: NONE: ________________________________ Kathleen Kelly, Mayor ATTEST: ___________________________ Grace L. Rocha, Acting City Clerk 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, to support commerce, it is desirable to assure that all Palm Desert businesses are adhering to the same safeguards; 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. FINAL RESOLUTION NO. 2020-83 -2- City remedies will be used only when state and county resources have not been sufficient to assure consistency in business safeguards, with punitive measures reserved for any case of flagrant and consistent disregard and in any event not prior to December 28, 2020 and after notice to members of the City Council. The Mayor will call an emergency meeting if requested independently by two Council members. 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 22nd day of December 2020, by the following vote to wit: AYES: NOES: ABSENT: NONE: ________________________________ Kathleen Kelly, Mayor ATTEST: ___________________________ Grace L. Rocha, Acting City Clerk