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CC - (1) Second Review of the Need for Continuing the Local Emergency Declared on March 14, 2020 by the City Manager, as Director of Emergency Services, under City of Culver City Emergency Authority, Due to the Coronavirus Respiratory Disease (COVID-19) Pandemic, in Accordance with the Requirements of Government Code Section 8630; and (2) Direction to City Manager as Deemed Appropriate.
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Meeting Date: July 27, 2020
Contact Person/Dept: Jesse Mays/City Manager’s Office
Lisa Vidra/City Attorney’s Office
Phone Number: (310) 253-6000
(310) 253-5660
Fiscal Impact: Yes [] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item:[] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (07/23/2020);
Department Approval: John M. Nachbar, City Manager (07/23/2020)
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RECOMMENDATION
Staff recommends the City Council (1) conduct a second review of the need for continuing the local emergency declared on March 14, 2020 by the City Manager, as Director of Emergency Services, under City of Culver City Emergency Authority, due to the coronavirus respiratory disease (COVID-19) pandemic (“Local Emergency”), in accordance with the requirements of Government Code Section 8630; and (2) provide direction to City Manager as deemed appropriate.
BACKGROUND/DISCUSSION
On March 14, 2020, pursuant to the authority granted by Culver City Municipal Code (“CCMC”) Section 3.09.020.B.1.a, the City Manager, as the Director of Emergency Services, issued a Proclamation of Local Emergency due to the outbreak and spread of the coronavirus respiratory disease (“COVID-19”) pandemic. The Local Emergency was ratified by City Council on March 18, 2020, as required by California Government Code Section 8630(b) [“Whenever a local emergency is proclaimed by an official designated by ordinance, the Local Emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.”]. Under Government Code Section 8630(c), “[t]he local governing body shall review the need for continuing the local emergency at least once every 60 days, until the governing body terminates the local emergency.” Further, under Government Code Section 8630(d), “[t]he governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.”
On May 26, 2020, the City Council conducted its initial review of the Local Emergency, (“Initial Review”) and determined at that time there was a need for the Local Emergency to continue. Sixty days have passed since the Initial Review, and under the Government Code a second review is required.
Public Orders Issued in Support of Local Emergency
After the City Manager declared a Local Emergency on March 14, 2020, on March 16, 2020, under the authority of CCMC Section 3.09.020, the City Manager issued a Public Order enacting new City measures to protect members of the public and City workers from undue risk of COVID-19 (March 16 Order). The March 16 Order included, among other things, temporary restrictions on certain establishments throughout Culver City, in which large numbers of people tend to gather and remain in close proximity, and a moratorium on evictions of residential tenants (“Residential Tenant Eviction Moratorium”).
Since the issuance of the March 16 Order, various supplemental orders have been issued by the State of California and the Los Angeles County Department of Public Health, as well as a number of our neighboring communities, including the City of Los Angeles. In step with the City of Los Angeles and County of Los Angeles, the following supplemental orders were issued and included in the May 26, 2020 staff report at the time of the Initial Review:
• March 20, 2020 First Supplement to Public Order (March 20 Order): Incorporated by reference, any and all orders set forth in Public Order Under City of Los Angeles Emergency Authority, Subject: SAFER AT HOME, issued by Los Angeles Mayor Eric Garcetti on March 19, 2020; established a moratorium on evictions of commercial tenants who have an inability to pay their rent due to circumstances related to COVID-19 (“Commercial Tenant Eviction Moratorium”); relaxed signage and parking restrictions and parking meter fees to facilitate food delivery and pickup; waived outdoor dining and valet parking license fees; and extended the business tax due date to June 1, 2020. Apart from the June 1, 2020 business tax payment extension, the March 20 Order was initially effective through April 19, 2020.
• March 27 Second Supplement to Public Order (March 27 Order): Expanded the scope of the Residential Tenant Eviction Moratorium to prohibit all evictions during the moratorium period, subject to certain limited exceptions (mostly related to public health and safety) and extended the duration of the Residential Tenant Eviction Moratorium through May 31, 2020.
• April 1, 2020 Third Supplement to Public Order (April 1 Order): Consistent with the U.S. Department of Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) and the County of Los Angeles’ positions regarding the inclusion of firearms retailers as part of the essential critical infrastructure, the April 1 Order clarified the March 20 Order to allow firearms retailers in Culver City to conduct business during the COVID-19 local emergency (April 1 Order). The April 1 Order was initially effective through April 19, 2020.
• April 2, 2020 Fourth Supplement to Public Order (April 2 Order): Incorporated by reference all orders set forth in Public Order Under City of Los Angeles Emergency Authority, Subject: SAFER AT HOME, as revised and issued by Los Angeles Mayor Eric Garcetti on April 1, 2020, excepting those provisions of the City of Los Angeles SAFER AT HOME order that are specific to City of Los Angeles locations and services, and was initially effective through April 19, 2020.
• April 7, 2020 Fifth Supplement to Public Order (April 7 Order): Extended the Commercial Tenant Eviction Moratorium through May 31, 2020.
• April 8, 2020 Sixth Supplement to Public Order (April 8 Order): Incorporated by reference all orders set forth in Public Order Under City of Los Angeles Emergency Authority, Subject: Worker Protection Order, issued by Los Angeles Mayor Eric Garcetti on April 7, 2020, and was initially effective through April 19, 2020.
• April 11, 2020 Seventh Supplement to Public Order (April 11 Order): Incorporated by reference all orders set forth in (a) Public Order Under City of Los Angeles Emergency Authority, Subject SAFER AT HOME, as revised and issued by Los Angeles Mayor Eric Garcetti on April 10, 2020; and (b) Public Order Under City of Los Angeles Emergency Authority, Subject: Worker Protection Order, as revised and issued by Los Angeles Mayor Eric Garcetti on April 10, 2020, and extended all orders expiring on April 19th through May 15, 2020.
• April 28, 2020 Eighth Supplement to Public Order (April 28 Order): Extended the Eviction Moratoria Payment Period for unpaid back rent to 12 Months.
• May 1, 2020 Ninth Supplement to Public Order (May 1 Order): Incorporated by reference all orders set forth in the Public Order Under City of Los Angeles Emergency Authority, Subject: SAFER AT HOME, as revised and issued by Los Angeles Mayor Eric Garcetti on April 27, 2020 and effective through May 15, 2020.
• May 7, 2020 Tenth Supplement to Public Order (May 7 Order): On May 6, 2020, the County of Los Angeles announced its Roadmap to Recovery-a Phased Approach to Re-opening Safely, which included allowing limited conditional re-openings of certain low-risk retail businesses. Effective May 8, 2020, florists, toy stores, clothing stores, music stores, and sporting goods stores were permitted to open for curbside pick-up, and auto dealer showrooms were permitted to open, with strict physical distancing and infection control protocols in place.
• May 14, 2020 Eleventh Supplement to Public Order (May 14 Order): On May 13, 2020, the County of Los Angeles’ Health Officer issued a new Safer at Home Order for Control of COVID-19, which extended all previous County Health Officer orders issued, and announced that certain low-risk businesses and select recreational facilities and beaches were permitted to re-open subject to certain restrictions. Accordingly, the May 14 Order extended all previous orders until further notice, except where noted, and permitting certain limited re-openings with curbside pick-up or walk-up service only, and adherence to all City Guidelines and County directives and re-opening protocols. The Order also included wearing a cloth face covering whenever there is or can be contact with others who are non-household members, in both public and private places. In addition, the order extended relaxation of parking restrictions and signage restrictions to facilitate the curbside pickup; the Order also extended the fee waiver for outdoor dining fees and valet parking fees, until June 30, 2020.
May 19, 2020 Twelfth Supplement to Public Order (May 19 Order). Consistent with the direction of City Council at the May 18th public meeting, the City Manager issued the May 19 Order which (1) extended the Residential Tenant and Commercial Tenant Eviction Moratoria to August 31, 2020 or the end of the Local Emergency, whichever occurs earlier; (2) excluded from the Commercial Tenant Eviction Moratorium multi-national companies, publicly traded companies, or companies that employ more than 200 employees; and (3) reduced the grace period for the repayment of back rent from 12 months to 6 months for commercial tenants that have 10 or more, but less than 200, employees.
At the time of the Initial Review, the County of Los Angeles Economic Recovery Task Force had proposed a July 4, 2020 re-opening date and additional re-opening orders were issued. However, near the end of June and throughout July, the State of California and the County of Los Angeles have limited or closed various business sectors and activities, in response to the increases in daily reported COVID-19 cases, hospitalizations, and the testing positivity rates.
Since the Initial Review, the following Supplemental Orders have been issued by the City Manager, in his capacity as the Director of Emergency Services:
May 20, 2020 Thirteenth Supplement to Public Order (May 20 Order), to address and allow conditional pet grooming, pet training, and car washes.
May 22, 2020 Fourteenth Supplement to Public Order (May 22 Order), to allow lower risk retailers in indoor malls to open for curbside, door side or other outdoor or outside pickup, and to allow for vehicle-based parades.
May 27, 2020 Fifteenth Supplement to Public Order (May 27 Order), to align with the May 26, 2020 Order by the Los Angeles County Department of Public Health, entitled “Reopening Safer at Work and in the Community for Control of COVID 19: Moving the County of Los Angeles through Stage 2 of California’s Pandemic Resilience Roadmap”. The May 27 Order permitted conditional indoor reopening of lower risk retail establishments; office-based businesses; faith-based organizations; pools, hot tubs and saunas in multi-residence locations; in person protests; and entertainment industry studios (upon State and County authorization). The May 27 Order also extended the waiver of outdoor dining license fees, and valet parking fees.
June 1, 2020 Sixteenth Supplement to Public Order (June 1 Order), to align with the May 29, 2020 Los Angeles County revised “Reopening Safer at Work and in the Community for Control of COVID 19: Moving the County of Los Angeles through Stage 2 of California’s Pandemic Resilience Roadmap” (Revised County Order), to allow additional businesses to conditionally re-open. Those businesses permitted to conditionally re-open included hair salons, barbershops, restaurants and food facilities for in-person dining. In addition, the June 1 Order gave the Public Works Director authority to approve the expansion of outdoor dining into the public right of way, and to allow the outdoor display of goods.
June 10, 2020 Seventeenth Supplement to Public Order (June 10 Order), to modify certain Zoning Code provisions, consistent with the June 9th direction given by the City Council, including modifying the non-conforming use provisions, modifying parking requirements for businesses with expanded outdoor dining and outdoor retail displays in a private parking lot, pursuant to a Temporary Use Permit, and to allow the sale of takeaway alcoholic beverages.
June 12, 2020 Eighteenth Supplement to Public Order (June 12 Order) to align with the June 11, 2020 Los Angeles County Department of Public Health “Moving the County of Los Angeles into Stage 3 of California’s Pandemic Resilience Roadmap (June 11 Revised County Order), to allow additional activities to resume and to allow additional businesses to conditionally re-open. These additional re-openings included operations for music, film, and television production; day camps; fitness facilities, museums, galleries, zoos, botanical gardens, aquariums and other similar exhibition spaces; professional sports teams without audiences; campgrounds and RV parks; hotels, motels, shared rental units and similar facilities; in-person behavioral health or substance use disorder support in therapeutic small group meetings; swimming pools and splash pads; for-hire fishing and chartered boat trips; indoor and outdoor photography; and visiting a physician for well-child visits. The June 12 Order also listed the higher risk businesses and activities that must continue to be closed.
June 19, 2020 Nineteenth Supplement to Public Order (June 19 Order), to align with the June 18th new County “Reopening Safer at Work and in the Community for Control of COVID 19: Moving the County of Los Angeles into Stage 3 of California’s Pandemic Resilience Roadmap” (June 18 Revised County Order). This Order allowed for personal care establishments, bars, wineries and tasting rooms, to reopen, as well as clarify that there was no attendee limit on outdoor faith-based services and outdoor protests. The Order reiterated the higher risk businesses that were required to remain closed.
Subsequent to the issuance of the June 19 Order, due to the increases in daily reported COVID-19 cases, hospitalizations, and the testing positivity rates, the County Public Health Officer issued new Orders on June 28, 2020 and July 1, 2020, closing certain activities and business sectors, superseding previous City Public Orders as follows:
• The June 28 County Order included the closing of bars, breweries, tasting rooms, craft distilleries, and wineries that possess a valid low risk restaurant permit issued by the County of Los Angeles.
• The July 1 County Order closed indoor, in-person on site restaurant dining, cardrooms, satellite wagering, and racetrack onsite wagering facilities; indoor portions and indoor exhibits of museums, zoos and aquariums.
On July 7, 2020 the City Manager issued the Twentieth Supplement to Public Order (July 7 Order), conditionally waiving penalties and interest on any past due Transit Occupancy Taxes (TOT), providing any past due TOT is remitted to the City within 30 days from the date of the Order, and further waiving outstanding penalties and interest that accrued between March 1 and July 7, 2020, if past due TOT was already paid. Additionally, the July 7 Order reiterated the higher risk businesses, recreational sites, commercial properties, and activities that must continue to be closed.
On July 14, 2020, the County further revised its Public Order, and closed indoor portions of office-based businesses, indoor portions of indoor malls and shopping centers, indoor operations for hair salons and barbershops, indoor gymnasiums and fitness facilities, indoor portions of personal care establishments, indoor faith based services, and indoor public protests. To the extent any of the City’s previous Orders permitted these indoor uses, the provisions in the City Orders were superseded.
On July 21, 2020, the City Manager issued the Twenty-First Supplement to Public Order (July 21 Order), allowing the safe outdoor operation of gyms, fitness centers and personal care services, pursuant to a Temporary Use Permit, provided all operations were in compliance with State, County and local protocols, rules and regulations.
Due to the ongoing County Safer at Home Order, which reiterates the importance of staying at home as much as possible, working from home where feasible, wearing face coverings and practicing physical distancing, requiring certain activities to cease, and requiring certain business sectors to remain closed or significantly modify operations, Staff recommends the Local Emergency continue during the time the State of California, as well as Los Angeles County, remain in a public health emergency.
FISCAL ANALYSIS
There is no cost associated with discussing the continued need for the Local Emergency.
ATTACHMENTS
1. 2020-05-26_ATT_March 14, 2020 Proclamation of Local Emergency
MOTION
That the City Council:
1. Pursuant to Government Code Section 8630, conduct a second review of the need for continuing the Local Emergency declared on March 14, 2020 by the City Manager, as Director of Emergency Services, under City of Culver City Emergency Authority, due to the coronavirus respiratory disease (COVID-19) pandemic; and
2. Provide direction to City Manager as deemed appropriate.