HomeMy WebLinkAbout2020-03-17 Declaration of Emergency Shelter OrderDECLARATION OF AN EMERGENCY
SHELTER IN PLACE ORDER
CITY OF PALM SPRINGS
March 17, 2020
WHEREAS, the virus that causes Coronavirus 2019 Disease ("COVID-19") is
easily transmitted, especially in group settings, and it is essential that the spread of the
virus be slowed to protect the ability of public and private health care providers to
handle the influx of new patients and safeguard public health and safety; and
WHEREAS, pursuant to the City of Palm Springs Municipal Code section
2.20.050(a)(1), the City Manager, acting as the Director of Emergency Services, has, on
March 14, 2020, declared the existence of a local emergency within the City of Palm
Springs, due to the threat presented by the COVID-19 pandemic; and
WHEREAS, on March 15, 2020, the City Manager/Director of Emergency
Services encouraged those who are 65 and older or vulnerable to COVID-19 to practice
home isolation and ordered that all bars, night clubs and breweries within the City to be
closed, based on guidance provided by the State of California; and
WHEREAS, on March 16, 2020, the City Manager/Director of Emergency
Services ordered the closure of commercial gyms and cannabis lounge areas, and
cancelled all in -person events consisting of 50 or more people, based on guidance
provided by the State of California; and
WHEREAS, of the fifteen positive cases of COVID-19 in Riverside County,
thirteen (or 87%) are in the Coachella Valley; and
WHEREAS, on March 16, 2020, the County of Riverside announced the death of
two residents of the Coachella Valley resulting from COVID-19; and
WHEREAS, on March 17, 2020, the County of Riverside announced the death of
a third resident of the Coachella Valley resulting from COVID-19; and
WHEREAS, because of the risk of the rapid spread of the virus, and the need to
protect all members of the City and the Coachella Valley region, especially including our
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members most vulnerable to the virus and also health care providers, this Order
requires all individuals anywhere in the City of Palm Springs to shelter in place —that is,
stay at home —except for certain essential activities and work to provide essential
business and government services or perform essential public infrastructure
construction, including housing; and
WHEREAS, under this Order, gatherings of individuals outside the home are
generally prohibited, with certain exceptions for essential activities or essential travel or
to perform work for essential businesses and government agencies or perform essential
infrastructure work; and
WHEREAS, consistent with the directive issued by Governor Gavin Newsom on
March 15, 2020, all bars and nightclubs are ordered closed. Restaurants and cafes —
regardless of their seating capacity —that serve food are ordered closed, except solely
for takeout and delivery service. Additionally, all gyms and recreation facilities are
ordered closed. Homeless individuals are not subject to this shelter in place order, but
are strongly urged to find shelter and the County is urged to take steps needed to
provide shelter for those individuals; and
WHEREAS, under any of the limited circumstances in which individuals are
allowed to interact in person outside their residence, the City Manager/Director of
Emergency Services orders individuals to abide by the following requirements:
(i) maintain at least six feet from other individuals, wash hands with soap and
water for at least 20 seconds as frequently as possible or using hand
sanitizer, cover coughs or sneezes, and not shake hands;
(ii) for people 65 years of age or older or with medical conditions, regardless
of age, that put them at higher risk of serious complications should they
get COVID-19, and other than health care workers and other essential
providers, avoid leaving their homes to the extent possible; and
(iii) for employers in Palm Springs that do not provide essential businesses or
government services, take all steps necessary for employees to work
remotely from home to the extent possible. These requirements build on
the California Department of Public Health and United States Centers for
Disease Control and Prevention guidelines issued March 11, 2020,
extended as necessary to address the health emergency affecting the
Coachella Valley.
WHEREAS, the City Manager/Director of Emergency Services may revise this
Order as the situation evolves, and facilities must stay updated by checking the City's
website(https://www.palmspringsca.gov/) regularly; and
WHEREAS, this Order revokes and replaces the two Declaration of Emergency
Orders, issued March 15, 2020 and March 16, 2020 by the City Manager/Director of
Emergency Services. Those orders are no longer in effect as of the effective date and
time of this Order.
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NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that:
1. The intent of this Order is to ensure that the maximum number of people self -
isolate in their places of residence to the maximum extent feasible, while
enabling essential services to continue, to slow the spread of COVID-19 to the
maximum extent possible. When people need to leave their places of
residence, whether to obtain or perform vital services, or to otherwise facilitate
authorized activities necessary for continuity of social and commercial life, they
should at all times reasonably possible comply with Social Distancing
Requirements as defined in Section 10 below. All provisions of this Order
should be interpreted to effectuate this intent.
2. All individuals currently living within the City of Palm Springs (the "City") are
ordered to shelter at their place of residence. To the extent individuals are
using shared or outdoor spaces, they must at all times as reasonably possible
maintain social distancing of at least six feet from any other person when they
are outside their residence. All persons may leave their residences only for
Essential Activities, Essential Governmental Functions, Essential Travel, or to
operate Essential Businesses, all as defined in Section 10. Individuals
experiencing homelessness are exempt from this Section, but are strongly
urged to obtain shelter, and the County and other entities are strongly urged to
make such shelter available as soon as possible and to the maximum extent
practicable (and to use COVID-19 risk mitigation practices in their operation).
3. All businesses with a facility in the City, except Essential Businesses as
defined below in Section 10, are required to cease all activities at facilities
located within the City, except Minimum Basic Operations, as defined in
Section 10. Businesses may also continue operations consisting exclusively of
employees or contractors performing activities at their own residences (i.e.,
working from home). All Essential Businesses are strongly encouraged to
remain open. To the greatest extent feasible, Essential Businesses shall
comply with Social Distancing Requirements as defined in Section 10 below,
including by maintaining six-foot social distancing for both employees and
members of the public, including, but not limited to, when any customers are
standing in line.
4. All public and private gatherings of any number of people occurring outside a
single household or living unit are prohibited, except for the limited purposes as
expressly permitted in Section 10. Nothing in this Order prohibits the gathering
of members of a household or living unit.
5. All travel, including, but not limited to, travel on scooter, motorcycle,
automobile, or public transit, except Essential Travel and Essential Activities as
defined below in Section 10, is prohibited. People may use public transit only
for purposes of performing Essential Activities, Essential Travel, or to travel to
and from work to operate Essential Businesses or maintain Essential
Governmental Functions. People on public transit must comply with Social
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Distancing Requirements as defined in Section 10 below, to the greatest extent
feasible. This Order allows travel into or out of the City to perform Essential
Activities, Essential Travel, operate Essential Businesses, and maintain
Essential Governmental Functions.
6. This Order is issued based on evidence of increasing occurrence of COVID-19
within the City and throughout the Coachella Valley, scientific evidence and
best practices regarding the most effective approaches to slow the
transmission of communicable diseases generally and COVID-19 specifically,
and evidence that the age, condition, and health of a significant portion of the
population of the City places it at risk for serious health complications, including
death, from COVID-19. Due to the outbreak of the COVID-19 virus in the
general public, which is now a pandemic according to the World Health
Organization, there is a public health emergency throughout the City. Making
the problem worse, some individuals who contract the COVID-19 virus have no
symptoms or have mild symptoms, which means they may not be aware they
carry the virus. Because even people without symptoms can transmit the
disease, and because evidence shows the disease is easily spread, gatherings
can result in preventable transmission of the virus. The scientific evidence
shows that at this stage of the emergency, it is essential to slow virus
transmission as much as possible to protect the most vulnerable and to prevent
the health care system from being overwhelmed. One proven way to slow the
transmission is to limit interactions among people to the greatest extent
practicable. By reducing the spread of the COVID-19 virus, this Order helps
preserve critical and limited healthcare capacity in the City.
7. This Order also is issued in light of the existence of thirteen cases of COVID-19
in the Coachella Valley, as well as three confirmed deaths in neighboring
Coachella Valley resulting from COVID-19 as of 11:00 a.m. on Tuesday, March
17, 2020, including a significant and increasing number of suspected cases of
community transmission and likely further significant increases in transmission.
Widespread testing for COVID-19 is not yet available but is expected to
increase in the coming days. This Order is necessary to slow the rate of
spread and the City Manager/Director of Emergency Services will re-evaluate it
as further data becomes available.
8. This Order is issued in accordance with, and incorporates by reference, the
declaration of federal emergency on March 13, 2020, the March 4, 2020
Proclamation of a State of Emergency issued by Governor Gavin Newsom, the
Order of the Riverside County Health Officer dated March 16, 2020, the
Declaration of the Existence of a Local Emergency Declaring the Existence of
a Local Emergency issued by the City Manager/Director of Emergency
Services on March 14, 2020, and guidance issued by the California
Department of Public Health and CDC, as each of them have been and may be
supplemented.
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9. This Order is also issued in accordance with, and incorporates by reference,
the March 12, 2020 Executive Order (Executive Order N-25-20) issued by
Governor Gavin Newsom. Executive Order N-25- 20 expressly orders that
"[a]II residents are to heed any orders and guidance of state and local public
health officials, including but not limited to the imposition of social distancing
measures, to control the spread of COVID-19." This Order is also based on
statements by Governor Newsom during a press conference on March 15,
2020, indicating the guidance of the State of California that all nightclubs, bars,
wineries, and brewpubs close and that persons 65 years old and older isolate
at home. Nothing contained in this Order is intended to, or shall operate to,
supersede any County, State or federal law, order or rule, including, without
limitation, the Riverside County Health Officer's March 16, 2020 order, which
generally prohibits gatherings of ten (10) or more persons within a given area.
10. Definitions and Exemptions.
a. "Essential Activities" For purposes of this Order, individuals may leave
their residence only to perform any of the following "Essential Activities."
But, people at higher risk of severe illness from COVID-19 and people
who are sick are urged to stay in their residence to the extent possible
except as necessary to seek medical care.
i. To engage in activities or perform tasks essential to their
health and safety, or to the health and safety of their family
or household members (including, but not limited to, pets),
such as, by way of example only and without limitation,
obtaining medical supplies or medication, visiting a health
care professional, or obtaining supplies they need to work
from home.
ii. To obtain necessary services or supplies for themselves and
their family or household members, or to deliver those
services or supplies to others, such as, by way of example
only and without limitation, canned food, dry goods, fresh
fruits and vegetables, pet supplies, fresh meats, fish, and
poultry, and any other household consumer products, and
products necessary to maintain the safety, sanitation, and
essential operation of residences.
iii. To engage in outdoor activity, provided the individuals
comply with Social Distancing Requirements as defined in
this Section, such as, by way of example and without
limitation, walking, hiking, or running.
iv. To perform work providing essential products and services at
an Essential Business or to otherwise carry out activities
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specifically permitted in this Order, including Minimum Basic
Operations.
V. To care for a family member or pet in another household.
b. "Healthcare Operations" For purposes of this Order, individuals may
leave their residence to work for or obtain services at any "Healthcare
Operations" including hospitals, clinics, dentists, pharmacies,
pharmaceutical and biotechnology companies, other healthcare facilities,
healthcare suppliers, home healthcare services providers, mental health
providers, or any related and/or ancillary healthcare services. "Healthcare
Operations" also includes veterinary care, dog walking, animal boarding,
and all healthcare services provided to animals. This exemption shall be
construed broadly to avoid any impacts to the delivery of healthcare,
broadly defined. "Healthcare Operations" does not include commercial
fitness centers, commercial exercise gyms and similar commercial
facilities.
C. "Essential Infrastructure" For purposes of this Order, individuals may
leave their residence to provide any services or perform any work
necessary to the operations and maintenance of "Essential Infrastructure,"
including, but not limited to, public works construction, construction of
housing (in particular affordable housing or housing for individuals
experiencing homelessness), hotels, airport operations, water, sewer, gas,
electrical, oil refining, roads and highways, public transportation, solid
waste collection and removal, internet, and telecommunications systems
(including the provision of essential global, national, and local
infrastructure for computing services, business infrastructure,
communications, and web -based services), provided that they carry out
those services or that work in compliance with Social Distancing
Requirements as defined this Section, to the extent possible.
d. "Essential Governmental Functions" For purposes of this Order, all first
responders, emergency management personnel, emergency dispatchers,
court personnel, and law enforcement personnel, and others working for
or to support Essential Businesses are categorically exempt from this
Order. Further, nothing in this Order shall prohibit any individual from
performing or accessing "Essential Governmental Functions." Essential
Government Functions means all services needed to ensure the
continuing operation of the government agencies and provide for the
health, safety and welfare of the public, including, without limitation solid
waste removal as well as public or private recycling. All Essential
Governmental Functions shall be performed in compliance with Social
Distancing Requirements as defined this Section, to the extent possible.
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e. For the purposes of this Order, covered businesses include any for -profit,
non-profit, or educational entities, regardless of the nature of the service,
the function they perform, or its corporate or entity structure.
f. "Essential Businesses" For the purposes of this Order, "Essential
Businesses" means:
i. Healthcare Operations and Essential Infrastructure;
ii. Grocery stores, certified farmers' markets, farm and produce
stands, supermarkets, food banks, convenience stores, and
other establishments engaged in the retail sale of canned
food, dry goods, fresh fruits and vegetables, pet supply,
fresh meats, fish, and poultry, and any other household
consumer products (such as cleaning and personal care
products). This includes stores that sell groceries and also
sell other non -grocery products, and products necessary to
maintaining the safety, sanitation, and essential operation of
residences;
iii. Food cultivation, including farming, livestock, and fishing;
iv. Businesses that provide food, shelter, and social services,
and other necessities of life for economically disadvantaged
or otherwise needy individuals;
V. Newspapers, television, radio, and other media services;
vi. Gas stations and auto -supply, auto -repair, and related
facilities;
vii. Banks and related financial institutions, as well as notary
services, provided that Social Distancing is implemented;
viii. Hardware stores;
ix. Plumbers, pool service, landscape maintenance,
electricians, exterminators, and other service providers who
provide services that are necessary to maintaining the
safety, sanitation, and essential operation of residences,
Essential Activities, and Essential Businesses;
X. Businesses providing mailing and shipping services,
including post office boxes;
Xi. Educational institutions subject to the legal jurisdiction of the
City —including private K-12 schools, colleges, and
universities —for purposes of facilitating distance learning or
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performing essential functions, provided that social
distancing of six -feet per person is maintained to the
greatest extent possible;
xii. Laundromats, dry cleaners, and laundry service providers;
xiii. Restaurants and other facilities that prepare and serve food,
including those within hotels, but only for delivery (including
room service), drive through, or carry out. Schools and other
entities that typically provide free food services to students
or members of the public may continue to do so under this
Order on the condition that the food is provided to students
or members of the public on a pick-up and takeaway basis
only. Schools and other entities that provide food services
under this exemption shall not permit the food to be eaten at
the site where it is provided, or at any other gathering site;
xiv. Businesses that supply products necessary for people to
work from home, including, electronic stores, mobile phone
stores, office supply stores;
xv. Businesses that supply other essential businesses with the
support or supplies necessary to operate;
xvi. Businesses that ship or deliver groceries, food, goods or
services directly to residences;
xvii. Airlines, taxis, and other private transportation providers
providing transportation services necessary for Essential
Activities and other purposes expressly authorized in this
Order;
xviii. Home -based care for seniors, adults, or children,
xix. Residential facilities and shelters for seniors, adults, and
children;
xx. Professional services, such as legal or accounting services,
when necessary to assist in compliance with legally
mandated activities;
xxi. Childcare facilities providing services that enable employees
exempted in this Order to work as permitted. To the extent
possible, childcare facilities must operate under the following
mandatory conditions:
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1. Childcare must be carried out in stable groups of 12
or fewer ("stable" means that the same 12 or fewer
children are in the same group each day).
2. Children shall not change from one group to another.
3. If more than one group of children is cared for at one
facility, each group shall be in a separate room.
Groups shall not mix with each other.
4. Childcare providers shall remain solely with one group
of children.
xxii. Hotels, motels and lawfully permitted vacation rentals and
homesharing, all provided that the same comply with Social
Distancing Requirements.
xxiii. Licensed cannabis dispensaries and lounges, provided,
however, that cannabis lounges shall be operated solely for
purposes of continuing to offer cannabis products to
customers for pick up, or if licensed to do so, for delivery, but
the lounge areas shall not be used.
g. "Minimum Basic Operations" For the purposes of this Order, "Minimum
Basic Operations" include any of the following, provided that persons
comply with Social Distancing Requirements as defined this Section, to
the extent possible, while carrying out such operations related to Essential
Businesses, Essential Infrastructure, or Essential Governmental
Functions:
L The minimum necessary activities to maintain the value of
the business's infrastructure, inventory, ensure security,
process payroll and employee benefits, or for related
functions such as property management.
ii. The minimum necessary activities to facilitate employees of
the business being able to continue to work remotely from
their residences.
iii. The minimum necessary activities to maintain the value or
safety of real property, including, cleaning, landscape
maintenance or pool maintenance.
h. "Essential Travel" For the purposes of this Order, "Essential Travel"
means travel for any of the following purposes. Individuals engaged in
any Essential Travel must comply with all Social Distancing Requirements
as defined in this Section.
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i. Any travel related to the provision of or access to Essential
Activities, Essential Governmental Functions, Essential
Businesses, or Minimum Basic Operations.
ii. Travel to care for elderly, minors, dependents, persons with
disabilities, or other vulnerable persons.
iii. Travel to or from educational institutions for purposes of
receiving materials for distance learning, for receiving meals,
and any other related services.
iv. Travel to return to a place of residence from outside the
jurisdiction.
V. Travel required by law enforcement or court order.
vi. Travel required for non-residents to return to their place of
residence outside the City. Individuals are strongly
encouraged to verify that their transportation out of the City
remains available and functional prior to commencing such
travel.
i. For purposes of this order, residences include hotels, motels, lawfully
permitted vacation rentals, shared rental units, and similar facilities.
j. "Social Distancing Requirements" For purposes of this order "Social
Distancing Requirements" includes maintaining at least six-foot social
distancing from other individuals, washing hands with soap and water for
at least twenty seconds as frequently as possible or using hand sanitizer,
covering coughs or sneezes (into the sleeve or elbow, not hands),
regularly cleaning high -touch surfaces, and not shaking hands, and such
other standards or guidelines as may be promulgated from time to time by
City, County, State and federal authorities.
11. The violation of any provision of this Order constitutes an imminent threat and
creates an immediate menace to public health. Violation of or failure to comply
with this Order is a misdemeanor punishable by fine, imprisonment, or both.
(Palm Springs Municipal Code section 2.20.100.)
12. This Order shall become effective at 7:00 a.m. on March 18, 2020 and will
continue to be in effect until 11:59 p.m. on April 2, 2020, or until it is extended,
rescinded, superseded, or amended in writing by the City Manager/Director of
Emergency Services, the City Council or any County, State or federal law, rule
or order.
13. The City will provide copies of this Order as follows: (1) by posting on the City
website (https://www.palmspringsca.gov); (2) by posting at City Hall, located at
3200 East Tahquitz Canyon Way, Palm Springs, California; and (3) by
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providing to any member of the public requesting a copy. In addition, the
owner, manager, or operator of any facility that is likely to be impacted by this
Order is strongly encouraged to post a copy of this Order onsite and to provide
a copy to any member of the public asking for a copy.
14. If any provision of this Order or its application to any person or circumstance is
held to be invalid, then the reminder of the Order, including the application of
such part or provision to other persons or circumstances, shall not be affected
and shall continue in full force and effect. To this end, the provisions of this
Order are severable.
IT IS FURTHER DECLARED AND ORDERED, that this order is a temporary
emergency measure, which is effective immediately and shall remain in effect unless
and until modified or superseded by the City Council or any county, state or federal
order or declaration.
March 17, 2020
David H. Ready,
City Manager/Director o ergency Services
APPROVED AS TO LEGAL FORM:
Jeff ey . Ballin r, City Attorney
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