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HomeMy WebLinkAbout2020-05-21 Resolution No. 24759 - Short term lodging with State of CA.RESOLUTION NO. 24759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ALIGNING THE CITY'S RULES FOR SHORT TERM LODGING WITH THE STATE OF CALIFORNIA'S RULES, RELATIVE TO THE COVID-19 EMERGENCY. WHEREAS, on March 14, 2020, 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, declared the existence of a local emergency within the City of Palm Springs, due to the threat presented by the COVID-19 pandemic, which declaration was subsequently ratified by the Palm Springs City Council on March 19, 2020; and WHEREAS, on March 19, 2020, the State of California imposed a "shelter in place" order, which required all persons in California to stay at home, unless they are essential workers; and WHEREAS, pursuant to Palm Springs Municipal Code section 2.20.050(a)(6), the Director of Emergency Services is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, on March 24, the Director of Emergency Services issued an emergency order related to hotels, vacation rentals, and homesharing, and other short term vacation lodging facilities; and WHEREAS, on April 25, 2020, the Director of Emergency Services amended the order related to hotels, vacation rentals, and homesharing, and other short term vacation lodging facilities, to extend the effectiveness of that order until May 31, 2020 and to include, as a recognized COVID-19 mitigation and containment measure, the following: "housing for victims or witnesses to domestic violence"; and WHEREAS, the State's stay at home order and its list of "essential workers" (dated April 28, 2020) lists the following category of essential workers: "Workers managing or servicing hotels or other commercial and residential buildings that are used for COVID-19 mitigation and containment measures, treatment measures, provide accommodation for essential workers, or providing housing solutions, including measures to protect homeless populations"; WHEREAS, on May 18, 2020, the California Department of Public Health confirmed that hotels and vacation rentals are not permitted under the State of California emergency stay at home orders, except when used for COVID-19 mitigation and containment measures, treatment measures, provide accommodation for essential Resolution No. 24759 Page 2 workers, or providing housing solutions, including measures to protect homeless populations. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AF FOLLOWS: A. The true and correct recitals above are incorporated by this reference herein as the basis and foundation for the City's adoption of this Resolution. B. The City of Palm Springs Local Emergency Amended Supplementary Order —Hotels, Vacation Rentals and Homesharing, dated April 25, 2020, and the original order dated March 24, 2020, are hereby rescinded. C. Any and all bookings for short term lodging for any date following the date of this Resolution, other than those for COVID-19 mitigation and containment measures, are made at the owner/operator's risk and shall be cancelled by such owner/operator, to the extent the State's emergency order continues to prohibit such rental at the time the property is to be occupied. D. For purposes of the City's enforcement of the State's emergency stay at home orders, "COVID-19 mitigation and containment measures" includes housing for victims or witnesses to domestic violence. Mounting evidence demonstrates that, during this time of increased shelter in place orders, domestic abuse has, and will, increase. At the same time, domestic violence shelters are at greater risk of closing or being under-resourced, and people may not want to go out in public and risk acquiring COVID-19. As such, protection of housing for victims and witnesses to domestic violence is necessary for the protection of the public's life and safety. E. This Resolution is a temporary emergency measure, which is effective immediately and shall remain in effect unless and until modified or superseded by the Director of Emergency Services, City Council or any county, state or federal order or declaration. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 21st DAY OF MAY, 2020. DAVID H. READY CITY MANAGER ATTEST: 1.�_ ice.••-_ . Resolution No. 24759 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24759 is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 21, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None RECUSED: Councilmember Woods IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 2,5 - day of Mg:j r� thony J. ji , City Clerk