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Home My WebLink About2020-12-23; Police Enforcement of the County Health Orders; Gallucci, NeilTo the members of the: CITY COUNCIL Dat~21t~/1-0 CA ✓ CC ·✓ CM _ CM / DCM (3)JL .. Dec. 23, 2020 Council Memorandum To: Honorable Mayor Hall bers of the City Council From: Neil Gallucci, Chief of Po icP1.41....- Via: Scott Chadwick, City Ma ag Re: POLICE ENFORCEMENT OF THE COUNTY HEALTH ORDERS {city of Carlsbad Memo ID #2020274 This memorandum provides information related to the police department's proactive platform of enforcement as it relates to the COVID-19 pandemic. Background The police department documents and investigates all referrals from city departments, 211 San Diego, calls for service generated by the public, requests from the San Diego County Safe Re- Opening Compliance Team, and emails from the public reporting violations of the County Health Order {CHO). This approach ensures the department is responding to both proactive contacts as well as reactive contacts. Enforcement starts with education and ramps up from there. This collaborative approach includes the police department, the City communication department (flyers and signs), economic development department, the San Diego County District Attorney's Office, San Diego County Safe Re-Opening Compliance Team, and the San Diego County Sheriff's department. Our goal is to actively foster compliance with the CHO with all reported violations. Weekly meetings are scheduled with our partners to enhance our coordinated efforts between agencies, to discuss willful violators of the CHO, and coordinate the service of Cease and Desist Orders (C&D) by the county. Enforcement contacts of businesses that are not in compliance with the most current CHO are documented. Unless the county has agreed to take the lead in a CHO violation, cases involving violations of the C&D are handled by the department's Crime Suppression Team and the patrol division. When served C&D's are on file with the county and a violation is observed, officers generate crime reports for submission to the San Diego County District Attorney's Office for review and prosecution. Discussion On Dec. 10, the police department learned through social media of a possible "Restaurant Protest" that was scheduled to occur on Dec. 11. This protest was in defiance of the CHO issued on Dec. 5, by San Diego County, limiting restaurants to providing take-out service only. In a proactive effort, the police department worked with the economic development and communication departments to develop a flyer for distrib,ution to businesses and the public educating them of the most recent CHO. These flyers were distributed by the police department the evening before the scheduled protest. Police Department 2560 Orion Way I Carlsbad, CA 92010 I 760-931-2197 Council Memo -CHO Enforcement Dec.23,2020 Page 2 On the day of the restaurant protest, the police department identified and contacted businesses who were operating in violation of the CHO. The department provided education again and initiated crime reports for businesses in willful violation. These cases are currently being finalized and reviewed for legal sufficiency in coordination with the San Diego Safe Re-Opening Compliance Team, prior to submission to the San Diego County District Attorney's Office for prosecution. During the week of Dec. 13, the police department followed up with the businesses using a team approach with the San Diego County Safe Re-Ope'ning Compliance Team. In a joint effort, the team identified businesses that were contacted by the police department before and during the protest, and businesses reported to the county for being in violation. The team made unscheduled visits to the businesses to evaluate for compliance and the county issued C&D's as appropriate. The following is an updated C&D List from San Diego County as of Dec. 22, 2020: Awaken Church -Carlsbad 2716 Gateway Rd, Carlsbad, CA 92009 YogaSix Studios -The Forum 1905 Calle Barcelona, Suite 238, Carlsbad CA 92009 YogaSix Studios -North Carlsbad 1850 Marron Road Suite 106 Carlsbad, CA 92008 YogaSix Studios -Bressi Ranch 2628 Gateway Rd Suite 130 Carlsbad, CA 92009 carlsbad Dance Centre 2808 ROOSEVELT ST, CARLSBAD, CA 92008 FLXR Fitness 3146 Tiger Run Unit 120, Carlsbad CA 92010 Orange Theory Fitness -carlsbad (Marron) 1820 Marron Rd #104, Carlsbad, CA 92008 Evolution Dance Center 2032 CORTE DEL NOGAL, CARLSBAD, CA 92011 Orange Theory Fitness-carlsbad (El camino) 6985 El Camino Suite 101 Carlsbad, CA 92009 The Alley 421 Grand Ave, Carlsbad, CA 92008 I.Anytime Fitness 5814 Van Allen Way Ste 185 Carlsbad CA 92008 2. Golden Tee Cocktail Lounge 1055 Carlsbad Village Dr. unit f, Carlsbad, CA 92008 3. Village Pub 2990 State Street, Carlsbad, CA 92008 Barrel Republic Carlsbad 2961 State St, Carlsbad, CA 92008 Cicciotti's Trattoria 595 Grand Ave, Carlsbad, CA 92008 Galdo Pomodoro 2907 State St. Carlsbad , CA 92008 Gregorio's ltailan Restauarnt 300 Carlsbad Village Dr, Carlsbad, CA 92008 Senor Grubby's 377 Carlsbad Village Dr, Carlsbad, CA 92008 Dini's Bistro 3290 Carlsbad Blvd, Carlsbad, CA 92008 Swami's Cafe 2780 Carlsbad Blvd, Carlsbad, CA 92008 Daily News Cafe 3001 Carlsbad Blvd, Carlsbad, CA 92008 Gonzo Ramen 300 Carlsbad Village Dr, Carlsbad, CA 92008 The Compass 300 Carlsbad Village Dr, Carlsbad, CA 92008 Mas Fina Cantina 2780 State St, Carlsbad, Ca 92008 Vigilucci's Cucina Italiano 2943 State St, Carlbad, CA 92008 Vigilucci's Seafood and Steakhouse 3878 Carlsbad Blvd, Carlsbad, CA 92008 Garcia's Mexican Restaurant and Creative Catering 2968 State St, Carlsbad, CA 92008 Polios Maria 3055 Harding St, Carlsbad, CA 92008 ' Oak+ Elixir 2917 State St, Carlsbad, CA 92008 ) Council Memo -CHO Enforcement Dec.23,2020 Page 3 The following is a list of actions that the police department has taken relating to enforcement of the CHO: • Total of 12 crime reports have been written for willful violation of the CHO in our city to date. • From Dec. 18-21, the police department responded to 23 reported CHO violations: o Noise disturbance loud parties o Disturbances at business regarding use of mask o Compliance checks for CHO o Large group disturbance o Welfare checks at residence o Large groups playing sports • On Dec. 22, the police department contacted, educated and inspected 7 of 14 businesses regarding CHO violations. The remainder of the 14 will be contacted today. • The police department will be responding to 4 businesses today that are on the County C&D list. • Between Dec. 11-21, the police department has handed out approximately 50 fliers produced by the City communication department regarding CHO. • Between Dec. 14-17, the police department participated in two (2) "emergency meetings" regarding sudden changes in the CHO with the following partners: o San Diego County Safe Re-Opening Compliance Team o San Diego County Sheriff's Department o Alcohol Beverage Control San Diego Enforcement Team • The police department contacted and distributed masks along Carlsbad Blvd. between Dec. 18-20: o A total of 116 contacts were made o A total of 44 masks were distributed o A total of 1500 contacts were made with community members for not wearing masks between Sept. 25 through Dec. 23. o A total of 505 masks were distributed between Sept. 25 through Dec. 20. • During the 24 hours that the San Diego Courts issued a ruling placing a stay on the CHO regarding restaurant service, the police department continued responding and documenting reported CHO violations. Next Steps A critical part of enforcement is working within the parameters of the current CHO. As the CHO changes based on the needs of the County in controlling the spread of COVID19, the police department will continue its enforcement posture through the following: • The police department will continue to collaborate with our various partners discussed above in an effort to gain voluntary compliance with the CHO. • The police department will continue to respond to all calls for service as it relates to reported violations of the CHO with effort to gain voluntary compliance by providing education regarding the requirements of the CHO. Council Memo -CHO Enforcement Dec.23,2020 Page 4 • In the event that education fails to secure voluntary compliance, the police department will continue to document willful violators of the CHO through crime reports, collect evidence of violations and submit the investigations to the San Diego County District Attorney's Office for prosecution. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Cindy Ander:son, Senior Management Analyst