HomeMy WebLinkAbout8092 RESOLUTION NO. 8092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING THE CITY'S EMERGENCY ORGANIZATION TO CARRY
OUT THE DIRECTIVES OF THE STATE'S PUBLIC HEALTH OFFICER AND
FOUR STAGE FRAMEWORK FOR THE RE-OPENING OF NONESSENTIAL
SERVICES FOLLOWING THE STATE OF CALIFORNIA EXECUTIVE
ORDER N-60-20
WHEREAS, international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
"coronavirus disease 2019," abbreviated COVID-19 ("COVID-19"); and
I
WHEREAS, on March 4, 2020, the Governor of the State of California 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; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of, and addressing, the
effects of COVID-19; and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 8065
proclaiming the existence of a local emergency pursuant to section 2.52.100 of the Redlands
Municipal Code to set forth the applicable the powers, functions, and duties of the Director of
Emergency Services and the Emergency Organization of the City as prescribed by state law,
ordinance, and resolutions of this City and by the City of Redlands' Emergency Plan, to ensure an
effective response to COVID-19; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20 to
implement directives developed by the State Public Health Officer that require all individuals
living in the State of California to stay at their place of residence except as needed to maintain
continuity of operations of the federal critical infrastructure and other essential sectors; and
WHEREAS, on May 4, 2020 the Governor issued Executive Order N-60-20 to implement
directives developed by the State Public Health Officer and criteria for a four stage framework for
the reopening of non-essential services; and
WHEREAS, on May 8, 2020 the San Bernardino County Health Officer rescinded all
issued recommendations and/or orders including but not limited to social distancing, staying home
if sick, canceling or postponing large group events, working from home, and other precautions to
protect public health and prevent transmission of this communicable virus; thereby, directing all
individuals and industries to follow the directives issued within the State Executive Orders; and
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I:1Resolutions\Res 8000-809918092 Reopening of Non-Essential Business,doex
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Redlands as
follows:
Section I, The City adopts the State of California Executive Orders N-33-20 and N-60-20
which are attached hereto as Exhibits, "A" and "B", respectively, and incoiTorated herein by this
reference.
Section 2. Violations. Violations of this Resolution, and the orders incorporated
herein, shall be punishable as set forth in Goveri-mient Code Section 8665 and Section 2.52.160 of
the Redlands Municipal Code.
Section 3, Terni. This Resolution shall remain in effect for the period of the local
emergency declared in response to COVID-19 within the City, unless the State Public Health
Officer takes any action deemed necessary to respond to the dynamic threat posed by COVID-19,
and revises the criteria and procedures of the State of California Executive Orders.
Section 4. Effective Date. This Resolution is issued for the immediate preservation of
the public peace, health and safety and therefore shall be effective immediately upon its issuance.
Section 5. Severability, The City Council of the City of Redlands declares that, should
any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution for any
reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Resolution. The City
Council hereby declares that it would have adopted this Resolution and each section, subsection,
subdivision, sentence, clause, phrase, or portion hereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared iii.valid or unconstitutional by a court of competent jurisdiction.
ADOPTED, SIGNED AND APPROVED this, 19th day of May, 2020.
-"laul W. Foster, Mayor
ATTEST:
10ine Donaldson, City Clerk
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L\Resolutions\Res 8000-8099\8092 Reopening of Non-Essential Business.docx
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was
adopted by the City Council at a regular meeting thereof held on the 19th day of May, 2020 by the
following vote:
AYES: Councilmembers Barich,Tejeda, Mornberger, Davis; Mayor Foster
NOES: None
ABSENT: None
AJ3STAIM None
Mei
'jzDonaldson, City Clerk
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EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-33-20
WHEREAS on March 4,2020, l proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-I 9; and
WHEREAS in a short period of time, COVID-19 has rapidly spread
throughout California, necessitating updated and more stringent guidance from
federal, state, and local public health officials, and
WHEREAS for the preservation of public health and safety throughout the
entire State of California, I find it necessary for all Californians to heed the State
public health directives from the Department of Public Health.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567,8627, and 8665 do hereby issue the following Order to become effective
immediately:
IT IS HEREBY ORDERED THAT:
I) To preserve the public health and safety, and to ensure the healthcare
delivery system is capable of serving all, and prioritizing those at the
highest risk and vulnerability, all residents are directed to immediately
heed the current State public health directives, which I ordered the
Department of Public Health to develop for the current statewide
status of COVID-19. Those directives are consistent with the March 19,
2020, Memorandum on Identification of Essential Critical Infrastructure
Workers During COVID-19 Response, found at: https://covidI9.co.aov/.
Those directives follow:
ORDER OF THE STATE PUBLIC HEALTH OFFICER
March 19, 2020
To protect public health, I as State Public Health Officer and Director
of the California Department of Public Health order all individuals living
in the State of California to stay home or at their place of residence
except as needed to maintain continuity of operations of the federal
critical infrastructure sectors, as outlined at
https:/-/www.ciso.Qovyidentifyin-g-critical-infrastructure-durng-covid-1 9.
In addition, and in consultation with the Director of the Governor's
Office of Emergency Services, I may designate additional sectors as
critical in order to protect the health and well-being of all Californians.
Pursuant to the authority under the Health: and Safety Code 120125,
120140, 131080, 120130(c), 120135, 120145, 120175 and 120150, this
order is to go into effect immediately and shall stay in effect until
further notice.
The federal government has identified 16 critical infrastructure sectors
whose assets, systems, and networks, whether physical or virtual, are
considered so vital to the United States that their incapacitation or
destruction would have a clebiktating effect on, security, economic
security, public health or safety, or any combination thereof. I order
that Californians working in these 16 critical infrastructure sectors may
continue their work because of the importance of these sectors to
Californians" health and well-being.
This Order is being issued to protect the public health of Californians.
The California Department of Public Health looks to establish
consistency across the state in order to ensure that we mitigate the
impact of COVID-1 9. Our goal is simple,we want to bend the curve,
and disrupt the spread of the virus.
The supply chain must continue, and Caiitornions must have access to
such necessities as food, prescriptions, and heaft care. When people
need to leave their homes or places of residence, whether to obtain
or perform the functions above, or to otherwise facilitate authorized
necessary activities, they should at all times practice social distancing,
28 The healthcare delivery system shall prioritize services to serving those
who are the sickest and shall prioritize resources, including personal
protective equipment, for the providers providing direct care to them.
3) The Office of Emergency Services is directed to take necessary steps to
ensure compliance with this Order.
4) This Order shall be enforceable pursuant to California law, including,
but not limited to, Government Code section 8665.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, enfities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Gre t Seal at the tate at
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rt GAV NEWSOM
e or of Californianor of Califor
ATTEST:
ALEX PADILLA
Secretary of State
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-60-20
WHEREAS on March 4, 2020, 1 proclaimed a State of Emergency to exist in
California as a result of the threat of COVID-1 9: and
WHEREAS on March 19, 2020, 1 issued Executive Order N-33-20,which
directed all California residents to immediately heed current State public health
directives; and
WHEREAS State public health directives, available at
tij.t-PA*.ILgav,Lc—fL9.—qg.--qov stav-ho rne-exc eQt-tor-essen tic 1-needs/, have ordered all
California residents stay home except for essential needs, as defined in State
public health directives; and
WHEREAS COVlD-19 continues to menace public health throughout
California; and
WHEREAS the extent to which COVID-19 menaces public health
throughout California is expected to continue to evolve, and may vary from
place to place within the State; and
WHEREAS California low promotes the preservation of public health by
providing for local health officers—appointed by county boards of supervisors
and other local authorities—in addition to providing for statewide authority by a
State Public Health Officer;and
WHEREAS these local health officers,working in consultation with county
boards of supervisors and other local authorities, are well positioned to
understand the local needs of their communities; and
WHEREAS local governments are encouraged to coordinate with federally
recognized California tribes located within or immediately adjacent to the
external geographical boundaries of such local government jurisdiction; and
WHEREAS the global COVID-19 pandemic threatens the entire State, and
coordination between state and local public health officials is therefore, and will
continue to be, necessary to curb the spread of COVID-19 throughout the State;
and
WHEREAS State public health officials hove worked, and will continue to
work, in consultation with their federal, state, and tribal government partners;
and
WHEREAS the State Public Health Officer has articulated a four-stage
framework—which includes provisions for the reopening of lower-risk businesses
and spaces ("Stage Two"), to be followed by the reopening of higher-risk
businesses and spaces ("Stage Three")—to allow Californians to gradually
resume various activities while continuing to preserve public health in the face
of COVID-1 9; and
WHEREAS the threat posed by COVID-19 is clyromic and ever-chonging,
and the State's response to COVID-1 9 (including implementation of the four-
stage framework) !should likewise retain the ability to be dynamic and flexible;
and
WHEREAS to preserve this flexibility, and under the provisions of
Government Code section 8571, 1 find that strict compliance with the
Administrative Procedure Act, Government Code section 11340 et seq,,would
prevent, hinder, or delay appropriate actions to prevent and mitigate the
effects of the. COVID-I 9 pandemic.
NOW,THEREFORE, 1, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes of the State of California, and in particular, Government Code sections
8567, 8571, 8627, and 8665; and also in accordance with the authority vested in
the State Public Health Officer by the laws of the State of California, including
but not limited to Health and Safety Code sections 120125, 120130, 120135,
120140, 120145, 120150, 120175, and 131080; do hereby issue the following Order
to become effective immediately:
17 IS HEREBY ORDERED THAT:
16 All residents are directed to continue to obey State public health
directives, as made available at LiJiLs.lLcovid I 9.cc .CL 4.o lie":
excer-)t-f r-essenfial-needs/ and elsewhere as the State Public Health
Officer may provide.
2) As the State moves to allow reopening of lower-risk businesses and
spaces ("Stage Two"), and then to allow reopening of higher-risk
businesses and spaces f"Stage Three"), the State Public Health Officer
is directed to establish criteria and procedures—as set forth in this
Paragraph 2—to determine whether and how particular local
iunsdictions may implement public health measures that depart from
the statewide directives of the State Public Health Officer,
In particular, the State Public Health Officer is directed to establish
criteria to determine whether and how, in light of the extent to which
the public health is menaced by COVID-19 from place to place within
the State, local health officers may (during the relevant stages of
reopening) issue directives to establish and implement public health
measures less restrictive than any public health measures implemented
on a statewide basis pursuant to the statewide directives of the State
Public Health Officer,
The State Public Health Officer is further directed to establish
procedures through which local health officers may (during the
relevant stages of reopening) certify that, if their respective jurisdictions
are subject to proposed public health measures (which they shall
specify to the extent such specification may be required by the State
Public Health Officer) that are less restrictive than public health
measures implemented on a statewide basis pursuant to the statewide
directives of the State Public Health Officer, the public health will not
be menaced.The State Public Health Officer shall additionally establish
procedures to permit, in a manner consistent with public health and
safety, local health officers who submit such certifications to establish
and implement such less restrictive public health measures within their
respective jurisdictions.
The State Public Health Officer may, from time to time and as she
deems necessary to respond to the dynamic threat posed by COVID-
19', revise the criteria and procedures set forth in this Paragraph 2,
Nothing related to the establishment or implementation of such criteria
or procedures, or any other aspect of this Order, shall be subject to the
Administrative Procedure Act, Government Code section 1 1340 of sea,
Nothing in this Paragraph 2 shall limit the authority of the State Public
Health Officer to take any action she deerns necessary to protect
public health in the face of the threat posed by COVID-19, including
(but not limited to) any necessary revision to the four-stage framework
previously articulated by the State Public Health Officer.
3) Nothing in this Order shall be construed to limit the existing authority of
local health officers to establish and implement public health measures
within their respective jurisdictions that are more restrictive than, or that
otherwise exist in addition to, the public health measures imposed on a
stafe,wide basis pursuant to the statewide directives of the State Public
Health Officer.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to,and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my h d and caused the Great Seal of the
y
Stat f California to be affixed this 4th day
Stat
f a
f a 2020.
------------------
AGA NEWS im_
GA
of California
ATTEST:
ALEX PADILLA
Secretary of State