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HomeMy WebLinkAbout2020-03-17; City Council; Resolution 2020-048RESOLUTION NO. 2020-048 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD (1) RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY DECLARED ON MARCH 16, 2020, BY THE DIRECTOR OF EMERGENCY SERVICES AS A RESULT OF THE SPREAD OF COVID-19; (2) EXTENDING THE PROCLAMATION UNTIL MAY 15, 2020AT 5:00 PM; (3) DIRECTING AND AUTHORIZING THE DIRECTOR OF EMERGENCY SERVICES TO OBTAIN ANY AND ALL LOCAL, COUNTY, STATE, AND FEDERAL AID TO ASSIST IN ADDRESSING THE STATE OF EMERGENCY; AND (4) AUTHORIZING THE CITY MANAGER AND PURCHASING OFFICER TO MAKE PURCHASES, AS NEEDED, PURSUANT TO CARLSBAD MUNICIPAL CODE SECTIONS 3.28.ll0(A) AND, WHERE APPROPRIATE, 3.28.120 WHEREAS, COVID-19 is an emerging respiratory disease and older adults and persons with severe underlying health conditions are at increased risk of more serious illness after contracting COVID-19; WHEREAS, on January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared a Public Health Emergency for the United States, effective January 27, 2020, to aid the nation's health care community in responding to the spread of COVID-19; and WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the spread of COVID-19, which was subsequently ratified by the Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 2020, the State of California declared a State of Emergency as a result of the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization began characterizing COVID-19 as a pandemic; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the spread of COVID-19; and WHEREAS, the transmission of COVID-19 is increasing in the State of California and there is a significant risk of widespread introduction and transmission of COVID-19 into the County of San Diego; and WHEREAS, to reduce the spread of COVID-19: 1. The Center for Disease Control has recommended, for the next eight weeks, cancelling or postponing in-person events consisting of 50 people or more; cancelling gatherings of more than 10 people for organizations that serve higher risk populations; and cancelling events of any size unless they can be carried out virtually or with adherence to guidelines for protecting vulnerable populations, hand hygiene, and social distancing; 2. The California Department of Public Health has recommended, through the month of March, cancelling or posting all gatherings of 250 people or more; cancelling or postponing any smaller gatherings in venues that do not allow for social distancing of six feet per person; and limiting gatherings of individuals who are at higher risk for severe illness from COVID-19 to no more than 10 people; 3. The Health Officer of the County of San Diego has issued an order prohibiting all gatherings of 50 or more people; strongly discouraging non-essential gatherings of any size; closing all bars, adult entertainment establishments, and other business establishments that serve alcohol and do not serve food; closing all on-site dining at restaurants and other business establishments that serve food; requiring all businesses to enact social distancing, increase sanitation standards, suspend any policy or procedures requiring doctor verification for sick or other leave approval; and use telecommuting for its workforce whenever possible; strongly recommending persons who are 65 years or older or who have a chronic underlying condition or a compromised immune system to self-quarantine at home; 4. The Governor of the State of California has issued Executive Order N-25-20 requiring state residents to heed any order and guidance of state and local public health officials to control the spread of COVID-19; 5. The Governor of the State of California has further called for bars, wineries, nightclubs, brewpubs and related businesses to close; for restaurants to reduce capacity to allow for deep social distancing; and for people over age 65 or with chronic health conditions to isolate themselves at home; and 6. The President of United States has issued guidelines for the next 15 days to slow the spread of COVID-19, which include listening and following the directions of state and local authorities; self-isolation for those at increased risk of more serious illness from COVID-19; working or engaging in school from home whenever possible; avoiding social gatherings of more than 10 people; avoiding eating or drinking at bars, restaurants, or food courts and instead using drive-thru, pickup, or delivery options; avoiding discretionary travel, shopping trips, and social visits; avoiding non-critical visits to nursing homes or retirement or long-term care facilities; and practicing good hygiene. WHEREAS, the Director of Emergency Services has determined that (1) conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by the spread of COVID-19; and (2) the conditions require emergency response, with the potential need for resources beyond the capacity and control of the services, personnel, equipment, and facilities of the City of Carlsbad; and WHEREAS, on March 16, 2020 the Director of Emergency Services signed a Proclamation of Local Emergency as a Result of the Spread of Covid-19; and WHEREAS, Government Code section 8630 authorizes local agencies to proclaim a Local Emergency when such events occur, as defined by Government Code section 8558(c), including an epidemic; and WHEREAS, as a result of the spread of COVID-19, the Director of Emergency Services issued a Proclamation declaring a Local Emergency, as authorized by Government Code section 8630 and Carlsbad Municipal Code Chapter 6.04. NOW, THEREFORE, based on the facts and circumstances set forth above, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The Proclamation of Local Emergency issued by the Director of Emergency Services is ratified and the City Council adopts the findings and determinations made by the Director of Emergency Services in support of the Proclamation. 3. The Proclamation of Local Emergency is extended and shall expire on May 15, 2020 at 5:00 pm, unless otherwise lawfully extended, or terminated earlier by the City Council. 4. That the Director of Emergency Services, or a designee, is directed and authorized to address any and all impacts and conditions caused by the spread of COVID-19 and to obtain any and all aid and assistance from local, county, state, or federal agencies, including but not limited to aid and assistance pursuant to the California Disaster Assistance Act, California Government Code Section 8680 et seq. 5. That the City Manager and Purchasing Officer, as a result of this Resolution ratifying the Proclamation of Local Emergency, are authorized to make purchases of supplies, equipment, or contractual services in the open market at the lowest obtainable price as set forth in and in compliance with Carlsbad Municipal Code Sections 3.28.llO(A) and, where appropriate, 3.28.120. PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 17th day of March, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher None. None. ' MA HALL, Mayor )1]QiQo~ ~RBARA ENGLESON, City Clerk (SEAL) PROCLAMATION OF LOCAL EMERGENCY BY CITY OF CARLSBAD DIRECTOR OF EMERGENCY SERVICES AS A RESULT OF THE SPREAD OF COVID-19 WHEREAS, Chapter 6.04 of the Carlsbad Municipal Code designates the City Manager as the Director of Emergency Services and empowers the Director of Emergency Services to proclaim a Local Emergency when there exists, or there threatens to be conditions of disaster or of extreme peril to the safety of persons or property, including an epidemic, within the City of Carlsbad and when the City Council is not in session; and WHEREAS, COVID-19 is an emerging respiratory disease and older adults and persons with severe underlying health conditions are at increased risk of more serious illness after contracting COVID-19; WHEREAS, on January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared a Public Health Emergency for the United States, effective January 27, 2020, to aid the nation's health care community in responding to the spread of COVID-19; and WHEREAS, on February 14, 2020; the San Diego County Health Officer declared a Local Health Emergency as a result of the spread of COVID-19, which was subsequently ratified by the Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 2020, the State of California declared a State of Emergency as a result of the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization began characterizing COVID-19 as a pandemic; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the spread of COVID-19; and WHEREAS, the transmission of COVID-19 is increasing in the State of California and there is .a significant risk of widespread introduction and transmission of COVID-19 into the County of San Diego; and WHEREAS, to reduce the spread of COVID-19: 1. The Center for Disease Control has recommended, for the next eight weeks, cancelling or postponing in-person events consisting of 50 people or more; cancelling gatherings of more than 10 people for organizations that serve higher risk populations; and cancelling events of any size unless they can be carried out virtually or with adherence to guidelines for protecting vulnerable populations, hand hygiene, and social distancing; 2. The California Department of Public Health has recommended, through the month of March, cancelling or posting all gatherings of 250 people or more; cancelling or postponing any smaller gatherings in venues that do not allow for social distancing of six feet per person; and limiting gatherings of individuals who are at higher risk for severe illness from COVID-19 to no more than 10 people; 3. The Health Officer of the County of San Diego has issued an order prohibiting all gatherings of 50 or more people; strongly discouraging non-essential gatherings of any size; closing all bars, adult entertainment establishments, and other business establishments that serve alcohol and do not serve food; closing all on-site dining at restaurants and other business establishments that serve food; requiring all businesses to enact social distancing, increase sanitation standards, suspend any policy or procedures requiring doctor verification for sick or other leave approval; and use telecommuting for its workforce whenever possible; strongly recommending persons who are 65 years or older or who have a chronic underlying condition or a compromised immune system to self-quarantine at home; 4. The Governor of the State of California has issued Executive Order N-25-20 requiring state residents to heed any order and guidance of state and local public health officials to control the spread of COVID-19; 5. The Governor of the State of California has further called for bars, wineries, nightclubs, brewpubs and related business to close; for restaurants to reduce capacity to allow for deep social distancing; and for people over age 65 or with chronic health conditions to isolate themselves at home; and 6. The President of United States has issued guidelines for the next 15 days to slow the spread of COVID-19, which include listening and following the directions of state and local authorities; self-isolation for those at increased risk of more serious illness from COVID-19; working or engaging in school from home whenever possible; avoiding social gatherings of more than 10 people; avoiding eating or drinking at bars, restaurants, or food courts and instead using drive-thru, pickup, or delivery options; avoiding discretionary travel, shopping trips, and social visits; avoiding non-critical visits to nursing homes or retirement or long-term care facilities; and practicing good hygiene. WHEREAS, the Director of Emergency Services has determined that (1) conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by the spread of COVID-19; and (2) the conditions require emergency response, with the potential need for resources beyond the capacity and control of the services, personnel, equipment, and facilities of the City of Carlsbad; and WHEREAS, the City Council for the City of Carlsbad is not in session at this time. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services, based on the facts and circumstances set forth above, that a Local Emergency exists and has existed throughout the City of Carlsbad effective as of February 14, 2020. IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of the Local Emergency, the powers, functions, and duties of the City of Carlsbad's emergency organization and the Director of Emergency Services shall be those prescribed by state law, the City Charter, and city ordinances and resolutions, including the provisions of Carlsbad Municipal Code Chapter 6.04 and the City of Carlsbad's Emergency Operations Plan. This Local Emergency proclamation shall expire at May 15, 2020, at 5:00 p.m. unless extended n of the City Council of the City of Carlsbad. This Local Emergency proclamation shall be ed to City Council for ratification at special meeting on March 17, 2020, at 4:30 p.m. adwic City Manager/Director of Emergency Services From: To: Subject: Date: Jan Neff-Sjndajr ~ Comments to be read at City Council meeting Tuesday, March 17, 2020 2:48:53 PM Good afternoon Shelia and Barbara, All Receiveā€¢ Agenda Item# 2.. For the Information of th;- CITY COUNCIL Date -:JJn/z;CA ~ cc K CM~ tdQ --2("DCM (3~ I do not know if I will make it to the short meeting this afternoon. If I do not, I respectfully submit my comments below to be introduced/ read when item 1 is up for discussion/vote. Thank you, Jan Hello Carlsbad City Council and Fellow Citizens of Carlsbad, My name is Jan Neff-Sinclair and I reside in La Costa Meadows. I have been a resident of Carlsbad since 1989. We are entering a very difficult time for the city, the country, and the world. My heart has been lifted when I saw teachers and other displaced workers making posts on Nextdoor offering to take care of their neighbors' children so that their neighbors can work. And there are other wonderful souls offering to do shopping and run other errands for elderly neighbors and other susceptible folks. THIS is the Carlsbad that I know and love. THESE are the people for whom I tirelessly volunteer when I can. I don't always agree with some of my fellow Carlsbadians, but I always thought that we all at least cared wholeheartedly about our people and our city. In the past week, I have come to discover how wrong and naive I have been. Now, I am totally disgusted and ashamed of my fellow North County residents who have decided that their lives matter more than anyone else's, and that they deserve all of the supplies and nec- essities that they can hoard from the local stores. SHAME!!!! SHAMEi!!! SHAME!!!! Never have "the people that matter," the people with money, shown their total lack of concern for their neighbors as they have in recent days. Just because you CAN afford to buy out all that a store has of a necessity required by every single person that you know and see as you wander about your day does NOT mean that you SHOULD!!!! HOARDING is ILLEGAL during a state of emergency. Normal laws do not apply. Authorities can enter a dwelling where hoarding of supplies is suspected without a search warrant and seize that which folks have selfishly deprived everyone else of having. SHAME on the local retailers who were complicit in this emptying of store shelves. Most retailers did not limit what those with a lot of money took as their very own until their shelves were already empty. You have all conspired to KILL your neighbors. People with com- promised immune systems, people who only receive their Social Security checks once a month, the elderly and disabled among you, went shopping to find that they could buy NOTHING. They are now forced to go out in a possibly lethally contaminated environment over and over again only to find that there is STILL nothing for them to pur- chase. Some of these people only have public transportation to take to the store. They are forced to spend even more time out and about in public, possibly picking up the virus or possibly spreading it out among the other people who you deprived of basic essentials in your quest to be sure you and yours had what you needed. By the time that the shelves are full again, public transportation may be closed down and they will have no way to even get to those shelves. You hoarders are despicable!!!!! What you have done is illegal and immoral. I hope that you suffer here on earth and in eternity for what you may have condemned your neighbors to suffer through, all because you care for no one but you and yours. This is not the community that I thought that I lived in. This in not the Carlsbad I have been so proud to live in these past thirty+ years.This is not the Carlsbad that Bud Lewis led to such prosperity. I pray that every single Carlsbad citizen who knows of someone who has conspired to deprive their fellow citizens of the necessities of life along with those extra niceties that would make self-isolation a little less of a lonely endeavor will call the Carlsbad police non-emergency number and report who has all of the supplies that every single one of your neighbors also need. That phone number is 760-931-2197. I repeat, the non- emergency police phone number is 760-931-2197. HOARDING IS ILLEGAL, IMMORAL, and INDEFENSIBLE. Never has there been a time when we need to be pulling together more than now. We are all in this together! For those who don't remember that, for those who think their lives matter more than everyone else's, for those who just don't give a damn ... someone knows who YOU are. And hopefully that someone will report your illegal activities. I also hope that many of the hoarders come to their senses and return that which they have hoarded or that they donate it to those less fortunate. Because people WILL be suffering greatly!!!!! The unsheltered, the poor, the elderly, the disabled, those forced out of work, and those in the middle class one paycheck away from being destitute themselves, all will need our help in the weeks and possibly months to come. If we don't help each other, there will be no one left to help you. Respectfully, Jan Neff-Sinclair CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: To: Subject: Date: Phobe Buffey ~ COVID-19 City Council Public Comments Tuesday, March 17, 2020 2:50:14 PM Request to read at City Council on March 17 Dear City Council, All Receive -Agenda Item II 1-. For the Information of the: ,,,Cj':_\~OUNCIL Date ~If.A __s_ CC V: CM --2:_ COO -2!'.:_ DCM (3) ¼ - As the pandemic unfolds, I would like to stress the importance of our responsibility as an individual and as a city. Because of the late stage in testing for this infectious disease, there are high probability that a lot ofresidents are already infected and unaware of it. The county is preparing for lock down or shelter in place not because we are afraid of the disease because this could be a life saving measures for many. It could curb the number of people that needs medical assistance. It could help take some load off our medical team. I encourage the city to take actions on limiting residents out and about. Ask city staff to work from home. We need them to keep the city operation going not just now but for the long days ahead. Locally, City Staff has already been infected in Chula Vista and San Diego. Carlsbad need to take action as soon as possible. There are many retired residents in the city. We each have a responsibility and the ability to make a change. Thank you. Phobe 8. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: To: Subject: Date: Plane Btvera ~ council Internet Email Approval of Senior Shopping Hours Requested Tuesday, March 17, 2020 3:35:57 PM Honorable Mayor Matt Hall Honorable Mayor Pro Tern Keith Blackbum Council Member Dr. Priya Bhat-Patel Council Member Cori Schumacher City Manager Scott Chadwick Reference: Council Meeting 3-17-2020 Greetings: Thank you for all the necessary changes that you have put in place to keep the citizens of Carlsbad healthy and safe during the corona virus (COVID-19) ~ this extraordinary event ! I am writing to ask you as a Council to support a "Senior Shopping Hour," to our local grocery stores if they agree to this. It is my understanding that the County of San Diego has given limited times for seniors to go shopping. If this remains true, please consider approving this request during this time. I am writing to many grocery stores/chains that are local to all of Carlsbad to ask that they create "Senior Shopping Hours." I have not heard back yet. Some stores in other cities have begun to do create Senior Shopping Hours. Not all seniors have transportation. Some do. If grocery stores can establish specific shopping hours, seniors could plan ahead, find their transportation in advance, create their shopping list, and be food secure and healthy -and be free of social isolation for an hour or so. I understand that certain healthy conditions must be met prior to the shopping events. Thank you so much for your time. Sincerely, Diane Rivera Carlsbad Citizen and voter KG6QLX A THOUGHT FOR TODAY: If you don't turn your life into a story, you just become a part of someone else's story. -Terry Pratchett, novelist (28 Apr 1948-2015) CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Hector Gomez From: Sent: To: Subject: From: wait stringer Tuesday, March 17, 2020 11 :17 AM City Clerk All Receive -Agenda Item II L For the Information of th;-~TJ;; COUNCIL pa~~JA GO~ Si X CM_ coo __k_ DCM (3) 2£.. Fw: Public Comment for Agenda item 1, Special City Council meeting, 3/17/20 Hello - I would appreciate this comment being read into the Record, and will be available for any comments/questions at the meeting: On March 16 the City of Carlsbad issued (at approximately 6pm) a notice of closure of various facilities, some of which were apparently occurring concurrently with the email and in advance of today's Council meeting. I was especially disturbed that the City libraries will be closed indefinitely, as the two primary facilities (Dove and Cole) are major community resources with heavy daily use. I have reviewed the San Diego County Health Order and believe it may be feasible and compliant to retain limited Library services via one of the Library facilities (Dove), and would appreciate the opportunity to present the initial concept to appropriate City staff and/or Council members. I can be reached at this email. As a second comment on the agenda resolution, Provision Two provides for Effect until early May, what are the options and/or provisions for shortening, modifying, or extending the City's Emergency Declaration as needed. Specifically, if the Health Order from County is reduced, can City staff likewise reduce the City declaration and promptly reopen facilities. Thank you. Walt Stringer, resident District 3, Carlsbad 92009 (I prefer to retain my address/contact info and provide to staff as needed) CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1