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".
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".
Government Code section 37359 allows cities to “limit the access or use [of city-owned property] in area or time or in any reasonable manner deemed necessary” and enforce such limitations through trespass law.
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 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”).
In the absence of actions to mitigate the spread of COVID-19, 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.
In order to mitigate the spread of COVID-19, it is necessary for the immediate preservation of the public peace, health and safety to adopt rules of conduct at City facilities.
On February 28, 2022, the City Council adopted Urgency Ordinance No. 2022-001 adopting rules of conduct at City Facilities. During that meeting, City Administrator Chip Rerig advised the Council that the Urgency Ordinance would be applied only for meetings of Legislative Bodies and the proposed First Amendment to the Urgency Ordinance includes such provisions.
On April 4, 2022, the City Council adopted Urgency Ordinance No. 2022-002, amending the rules of conduct at City Facilities (Attachment 1).
Since the adoption of Urgency Ordinance 2022-002, the Monterey County Health Department has deferred guidance on masking in Monterey County to the California Department of Public Health. The newest guidance from the California Department of Public Health (CDPH) went into effect on September 23, 2022, shifting from a “strong recommendation” for the general population to mask in all indoor settings at all times, to using the CDC Community Levels to help inform masking recommendations. The CDC Community Levels for every County are updated weekly on Thursday and posted online: https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html. The levels are determined by hospital based metric data (COVID-19 hospital admissions, % inpatient beds occupied with COVID-19, new cases per 100,000 population), and are intended to “provide a broad framework for jurisdictions to use and adapt...based on local needs” and are summarized as follows:
Low – recommendations focus on best practices for prevention and control, vaccinations
Medium – strengthens emphasis on protecting people are immunocompromised, enhanced prevention measures for high-risk settings
High – focus on wearing masks indoors in public and providing added protection to populations at high risk
On October 3, 2022, the CDC Community level for Monterey County was “Low”. The CDPH guidelines when the level is low are:
• Stay up to date with COVID-19 vaccines
• Get tested if you have symptoms
• People may choose to mask at any time
• People with symptoms/positive test/exposure should wear a mask
On October 4, 2022, City Council gave direction to staff to return with another Urgency Ordinance to repeal and replace Ordinance 2022-002, with updated rules of conduct for attending meetings of legislative bodies at City facilities to keep our community and members of the public safe and using the guidance from the California Department of Public Health as a broad framework. The new proposed rules of conduct for attending meetings of legislative bodies at City facilities outlined in Urgency Ordinance 2022-006 (attachment 2) are as follows:
Rules of Conduct for Attending Meetings of Legislative Bodies at City Facilities.
It is hereby ordered and ordained that the following rules of conduct shall apply to attendance at meetings of Legislative Bodies at City facilities, as defined herein:
7.1 City Facility. For purposes of this Urgency Ordinance, the term “City Facility” or “City Facilities” means City Hall and any other property owned by the City where there is a meeting held of a Legislative Body.
7.2 Legislative Body. For purposes of this Urgency Ordinance, the term “Legislative Body” means the City Council, Planning Commission, Forest and Beach Commission, Historic Resources Board, Harrison Memorial Library Board of Trustees, Community Activities Commission and the Building Code Board of Appeals.
7.3 Face Covering. No person shall be permitted to enter or remain in City Facility at a meeting of a Legislative Body unless that person wears a face covering which covers both the mouth and nose at all times when the CDC Community Level for the County Monterey is medium or high as of the date of posting the agenda for the meeting of the Legislative Body. The agenda will state the CDC Community Level and whether a face covering will be required for attendance at that meeting of the Legislative Body. Upon request, the City will provide anyone seeking to enter City Facility to attend a meeting of a Legislative Body with a face covering if they do not have one.
7.4 If anyone is unable or unwilling to comply with the requirements of this Section 7, they may attend the meeting remotely in the manner described in the Agenda posted for the meeting.
Based upon the foregoing, the recommendation is for the City Council to find pursuant to Government Code Section 36937 (b) that adoption of Urgency Ordinance No. 2022-006 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 vote of the City Council.