Consideration of a resolution confirming the existence of a Local Emergency related to increased risks associated with Covid-19 variant infection rates

Consider draft Resolution 2021-042 confirming the existence of a Local Emergency due to the recent increased spread of the Coronavirus (COVID-19) and COVID-19 variants and/or provide direction to staff. 

At the request of the Mayor and Vice Mayor, this item has been brought before the City Council for consideration.  Recently, there has been an increased spread of more infections Covid-19 variants such as the “Delta” strain.  In addition, updated guidance has been received from the County of Monterey Health Department regarding indoor mask usage for vaccinated individuals.  Council is being asked to consider adoption of a resolution to confirm the existence of a local emergency, in line with Resolution No. 2020-021 that was adopted on March 13^th, 2020 (Attachment 2).  This resolution would not replace Resolution No. 2020-021.  It would affirm that the local emergency remains in place, and has increased in severity over recent weeks, which could warrant additional measures to protect the life, health, safety, and welfare of residents of Carmel-by-the-Sea.

Pursuant to CMC Section 2.64.060, this resolution, as with Resolution No. 2020-0021, would continue to give the City Administrator (Emergency Services Director) the following authority for the duration of the proclamation:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use;
3. To require emergency services of any City officer or employee and, in the event of the proclamation of a state of emergency in the County in which this City is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as s/he deems necessary in the execution of the Director’s duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
4. To requisition necessary personnel or material of any City department or agency; and
5. To execute all the ordinary power as the Director of Emergency Services, all of the special powers conferred upon the Director by this chapter or by resolutions or emergency plan pursuant hereto adopted by the City Council, all powers conferred by any statute, by any agreement approved by the City Council, and by other lawful authority.  

On June 15, 2021, the Governor’s Declaration of a State of Emergency was withdrawn, and restrictions related to the Blueprint for a Safer Economy was removed.  Around the same time, the City Council acted to return the City to “business as usual” and in effect lifted most restrictions associated with the local proclamation made by Resolution No. 2002-021.  However, this original local proclamation was not officially terminated.  Ultimately, at the time when City Council wishes to formally remove the proclamation of a local state of emergency enacted by Resolution No. 2020-021, a new resolution will need to be adopted proclaiming its termination pursuant to California Government Code section 8630.  The attached draft resolution (Attachment 1) would only confirm the existence of a local emergency, and affirm that the City should continue to make and issue rules for the protection of the life, health, safety, and welfare of residents of Carmel-by-the-Sea. This new resolution would not supersede, terminate, modify or replace Resolution No. 2020-21 in any way. 

Staff will be prepared at the August 3rd meeting to respond to any City Council questions regarding the implications of this resolution including, but not limited to: local mask requirements, in-person public meetings, new outdoor seating allowances for wine tasting and restaurants, impacts to beach usage, and upcoming public events.  

None for this action. 

None for this action.