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Home My WebLink About2020-003CITY OF REDLANDS EXECUTIVE ORDER NO.2020-003 COVID-19 PANDEMIC AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF REDLANDS REGARDING EMERGENCY REGULATIONS GOVERNING ON -STREET PARKING 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 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, and on July 7, 2020, the City Council adopted Resolution Nos. 8065 and 8120, proclaiming and reconfirming, respectively, 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 23, 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, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Health Officer have 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; and WHEREAS, on July 1, 2020, the California Department of Public Health ("CDPH") issued its "Guidance on Closure of Sectors in Response to COVID-19" ("Guidance"), a copy of which is attached hereto as an exhibit and incorporated herein by this reference, wherein the CDPH stated that, "To reduce disease transmission and to protect residents across the state, one strategy available to the state is to work with counties to further modify or close some or all of the sector openings currently allowed under State order;" and 1 LAca1C0VID-191Red1ands Executive Orders\Redlands Executive Order No. 2020-001doex WHEREAS, the CDPH in its Guidance specifically identified the county of San Bernardino as being one of nineteen counties in California that are on the State's County Monitoring List as of July 1; and WHEREAS, in its Guidance, the CDPH has identified six sectors for closure of indoor operations, but allowing for outdoor operations with appropriate modifications, including physical distancing and face coverings: Dine -in Restaurants, Wineries and Tasting Rooms, Movie Theaters, Family Entertainment Centers, Zoos and Museums, and Cardrooms; and WHEREAS, in its Guidance, the CDPH further stated that, "In addition, all brewpubs, breweries, bars, and pubs must close indoor and outdoor operations" within the nineteen counties listed in its Guidance, including the county of San Bernardino; and WHEREAS, the Governor has requested the State of Emergency Services to coordinate a "Strike Team," which will be a multi -agency effort among the California Highway Patrol; the Division of occupational Safety and Health, Alcohol Beverage Control; Barbering & Cosmetology; Business Oversight; Consumer Affairs; Food and Agriculture; Labor Commissioner's Office; and the Governor's Office of Business and Economic Development; and WHEREAS, in the interest of public, health, safety and welfare, and as affected by the emergency caused by the spread of COVID-19, it is the desire of this City Council to adopt this Resolution to authorize action to supplement the local enforcement of the CDPH's Guidance by the Governor's "Strike Team" in those instances when, after any State agency efforts and the City's provision of education and information, and verbal and written warnings if necessary, prove to be ineffective in maintaining the protection of the public peace, health, and safety; and WHEREAS, on July 7, 2020, the City Council adopted resolution No. 8120 adopting the following directives of the CDPH: "Given current rates of disease transmission in some counties and the need to reduce gatherings where mixing with individuals outside of one's household and disease spread occur, CDPH is requiring closure within counties on the county monitoring list for three or more consecutive days of indoor operations, while allowing outdoor operations with appropriate modifications, including physical distancing and face coverings, for the following sectors: Dine -in Restaurants, Wineries and Tasting Rooms, Movie Theaters, Family Entertainment Centers, Zoos and Museums, and Cardrooms." "In addition, all brewpubs, breweries, bars, and pubs must close indoor and outdoor operations in these [the State's County Monitoring List] counties;" and WHEREAS, on July 2, 2020, the CDPH issued its "State Public Health Officer Order for San Bernardino County," a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference ("CDPH County Order"), which states in relevant part that "San Bernardino County shall close bars, pubs, brewpubs, and breweries, whether operating indoors or outdoors;" and 2 LAca1COVID- I Medlands Executive Orders\Redlands Executive Order No. 2020-003.docx WHEREAS, the CDPH County Order further specifies restrictions relating to the indoor operations of Dine -in Restaurants, Wineries and Tasting Rooms, Family Entertainment Centers and Movie Theaters, Indoor Attractions at Zoos and Museums, and Cardrooms; and WHEREAS, the CDPH County Order states it shall remain in effect until the State Public Health Officer and Director directs otherwise, with the caveat that the Director states "...will be no earlier than July 22, 2020;" and WHEREAS, in the interest of public, health, safety and welfare, and as affected by the emergency caused by the spread of COVID-19, it is the desire of this City Council to adopt this Resolution to authorize action to supplement the local enforcement of the CDPH's Guidance, and the CDPH County Order, by the Governor's "Strike Team" in those instances when, after any State agency efforts and the City's provision of education and information, and verbal and written warnings if necessary, prove to be ineffective in maintaining the protection of the public peace, health, and safety; and WHEREAS, on July 7, 2020, the City Council of the City of Redlands approved Resolution No. 8120 which adopted the directives of the California Department of Public Health's "Guidance on Closure of Sectors in Response to COVID-19," dated July 1, 2020, and its "State Public Health Officer Order for San. Bernardino County," dated July 2, 2020 (hereinafter, the "Guidance and Order"), all which relate to the safe operation of local businesses during this COVID-19 pandemic, and made the Guidance and Order applicable to, and enforceable against, such local businesses; and WHEREAS, to best protect the public health, safety, and welfare, support local businesses, and enhance the economic viability of the City during the COVID-19 pandemic, in implementing the aforementioned Guidance and Order and Resolutions, it may be necessary to temporarily waive certain City -established substantive and procedural land use requirements of the Redlands Municipal Code; NOW, THEREFORE, THE DIRECTOR OF EMERGENCY OF THE CITY OF REDLANDS HEREBY ISSUES THE FOLLOWING ORDER TO BECOME EFFECTIVE IMMEDIATELY: Section 1. Temporary Waiver of Certain Provisions of the Redlands Municipal Code. To protect the public health, safety and welfare and safely implement and facilitate the California Department of Public Health's Guidance and Order, the Redlands City Council's Resolution Nos. 8112 and 8120, and the City's temporary outdoor dining program, City staff shall have the authority, with the prior review and consent of the City Manager and City Attorney, to accept written applications for waivers and approve certain uses of land, without review by the Planning Commission or City Council, and without strict compliance with Titles 15, 17, and 18 of the Redlands Municipal Code, during the term of this Executive Order. In considering the approval of such waivers, the Directors of the City's Departments shall comply with the following: A. Upon receipt, applications for waivers shall be submitted promptly to the City Manager and City Attorney for their respective review, with the Director's recommendations on 3 L:Ica1COVID- I91Redlands Executive OrderslRedlands Executive Order No. 2020-003.ducx the waiver and any conditions that shall be imposed to protect the public health, safety, and welfare. B. The Director confirms with the City Manager and City Attorney that such waiver is reasonably necessary to implement and effectuate the Guidance and Order, and Resolution Nos. 8112 and 8120. C. The Director confirms that the owner of the property on which the applicant's business is located has consented to the application. D. The Director confirms with the City Manager and City Attorney that the waiver will not adversely affect neighboring properties or the public health, safety or welfare, in general. E. The Director confirms with the City Manager that such waiver will have no adverse financial effect upon the City; F. The Director shall issue his or her approval of the waiver in writing to the applicant, and submit the same to the City Clerk for filing in the Official Records of the City, and to the individual City Council members for their information. Section 2. Violations. Violations of this Executive Order shall be punishable as set forth in Government Code section 8665 and Section 2.52.160 of the Redlands Municipal Code. Section 3, Term. This Executive Order shall remain in effect for the period of local emergency declared in response to COVID-19 within the City, unless terminated earlier by written directive of the Director of Emergency Services. Section 4. Effective Date. This Executive Order 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 Director of Emergency Services declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Executive Order 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 Executive Order. The Director of Emergency Services hereby declares that he would have adopted this Executive Order 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 hereof be declared invalid or unconstitutional by a court of competent jurisdiction. Section 6, CEOA. The Director of Emergency Services hereby determines that the adoption of this Executive Order is exempt from environmental review under the California Environmental Quality act pursuant to section 15061(b)(3) of the State's Guidelines implementing 4 L:1ca1GOVID- 1Medlands Executive Orders\Redlands Executive Order No, 2020-003.docx CEQA because it can be seen with certainty that the adoption of this order will have no physical effect upon the environment. ADOPTED, SIGNED AND APPROVED this 15th day of July, 2020. Charles M. Duggan, r., Di itor of Emergency Services/City Manager ATTEST: J e Donaldson, City Clerk 5 LAca1COVID-1%Red1ands Executive Orders\Redlands Executive Order No. 2020-003.doex