The City of Carmel-by-the-Sea (“City”) is authorized by Article XI, Section 7 of the California Constitution to make and enforce all regulations and ordinances using its police powers.
The California Emergency Services Act (California Government Code Section 8550, et. seq.) defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions such as an epidemic, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat (Emphasis Added); and
Section 2.64.020 of the City Municipal Code defines “emergency” as the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat (Emphasis Added).
In December 2019, reports began spreading worldwide about a flu-like virus first found in China that was significantly more deadly than the flu generally, with the virus becoming known as the Coronavirus (“COVID-19”).
The federal Centers for Disease Control and Prevention (“CDC”) has confirmed thousands of cases of individuals who have severe respiratory illness caused by COVID-19, as well as deaths caused by this illness.
On or about March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19.
On March 6, 2020, the County Administrative Officer of Monterey County proclaimed a Local Emergency due to the threat of COVID-19 in the County.
On March 11, 2020, the World Health Organization (“WHO”) classified the spread of COVID-19 internationally as a global pandemic.
On March 12, 2020, the City Administrator of the City of Carmel-by-the-Sea, acting in his capacity as the Director of Emergency Services for the City, declared the existence of a local emergency within the City due to COVID-19.
On March 13, 2020, the City Council adopted Resolution 2020-021 ratifying the City Administrator’s Proclamation of the Existence of a Local Emergency Due to the Worldwide Spread of the Coronavirus (“COVID-19”).
On March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 in which all residents were directed to immediately heed the State public health directives which the Governor ordered the Department of Public Health to develop for COVID-19,
On April 28, 2020, the Health Officer of the County of Monterey issued an Order requiring members of the public and workers to wear face coverings subject to certain exceptions.
On May 4, 2020, Governor Gavin Newsom issued Executive Order N-60-20 which directed all residents to continue to obey State public health directives.
Governor Gavin Newsom has issued multiple Executive Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments.
The State Public Health Officer & Director of the California Department of Public Health (“State Public Health Officer”) has issued multiple Orders and directives due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments.
Health & Safety Code Section 120155 authorizes the City’s peace officers to enforce orders of the State Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease.
The Monterey County Public Health Officer (“County Public Health Officer”) has issued multiple Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments.
Health & Safety Code Section 101029 authorizes the City’s peace officers to enforce orders of the County Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease and Government Code Section 41601 further authorizes the City’s Chief of Police to enforce local health orders to prevent the spread of disease.
The COVID-19 pandemic continues to spread rapidly worldwide and in the U.S., continuing to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions.
Heightened levels of public health and safety planning and preparedness have been necessitated in preparation for and response to confirmed cases of COVID-19 in the County of Monterey, and rapid response not lending itself to otherwise applicable notice and approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and to mitigate against the spread of COVID-19 and its resulting public health and safety impacts.
In the absence of such actions, County wide health services may become overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity.
The City has issued, and may issue in the future, Encroachment Permits with provisions and conditions to allow restaurants to use public space for outdoor dining in order to allow restaurants to continue to operate during limitations imposed by Orders from the Governor, State Public Health Officer and County Public Health Officer and for such outdoor dining operations to be conducted in a manner consistent with public peace, health and safety.
Attachment 2 is a copy of the Standard Conditions of Approval for Temporary Encroachment Permits for Outdoor Seating in the Public Way.
Based upon the foregoing, the recommendation is for the City Council to find pursuant to Government Code Section 36937 (b) by a four-fifths vote that this Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety and for the City Council to adopt this Urgency Ordinance which requires a 4/5 of the City Council.
Summary of Urgency Ordinance
Section 1 provides that the Findings are incorporated into the Urgency Ordinance
Section 2 provides that the Urgency Ordinance will not be codified.
Section 3 includes the CEQA findings.
Section 4 cites the legal authority in support of the Urgency Ordinance.
Section 5 references the local emergency in the City due to COVID-19
Section 6 describes the powers of the City Director of Emergency Services.
Section 7 provides that failure of any restaurant to fully comply with any of the provisions and conditions of an Encroachment Permit for outdoor dining is hereby a violation of this Urgency Ordinance and the City and City peace officers may proceed with enforcement for such a violation in the manner provided in the City Municipal Code including, but not limited to, Section 1.16.010 or as otherwise allowed by law.
Section 8 authorizes the City Code Compliance Coordinator to issue criminal citations which would include criminal citations to enforce the terms of the Urgency Ordinance.
Section 9 authorizes the City Director of Emergency Services to take all necessary action to implement and enforce this Urgency Ordinance.
Section 10 is a severability clause which means that if a provision of the Urgency Ordinance is found to be invalid or unconstitutional that the remaining provisions shall remain in effect.
Section 11 provides that the Urgency Ordinance will remain in effect until rescinded by the City Council.
Section 12 directs the City Clerk to certify the Urgency Ordinance and to cause it to be published.