HomeMy WebLinkAbout24748RESOLUTION NO. 24748
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RATIFYING THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES'
DECLARATION OF THE EXISTENCE OF A LOCAL EMERGENCY
WITHIN THE CITY OF PALM SPRINGS DUE TO THE EXTREME
PERIL TO THE SAFETY OF THE RESIDENCE RELATED TO THE
INCREASED SPREAD OF THE NOVEL CORONAVIRUS (COVID-
19), RATIFYING, IN PART, THE RULES AND REGULATIONS
ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES, AND
TAKING OTHER ACTIONS RELATING THERETO
WHEREAS, Section 2.20.050(A)(1) of the Palm Springs Municipal Code
("PSMC") empowers the Director of Emergency Services to proclaim the existence or
threatened existence of a local emergency when the City Council is not in session,
subject to ratification by the City Council within seven days(7); and
WHEREAS, a severe acute respiratory illness caused by a new coronavirus,
known as COVID-19, has spread globally and rapidly, resulting in severe illness and
death around the world. The World Health Organization has described COVID-19 as a
global pandemic; and
WHEREAS, PSMC Section 2.20.020 defines emergency as "the actual or
threatened existence of conditions of disaster or of extreme peril to the safety of
persons and property within this city caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot or earthquake, or other conditions, including without
limitation conditions resulting from war or imminent threat of war, but other than
conditions resulting from a labor controversy, which conditions are or are likely to be
beyond the control of the services, personnel, equipment and facilities of this city,
requiring the combined forces of other political subdivisions to combat"; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a
State of Emergency in response to the increased spread of COVID-19. Additionally, on
March 8, 2020, the Riverside County Public Health Officer declared a local and public
health emergency in response to increased spread of COVID-19 across the country and
in Riverside County and the Riverside County Board of Supervisors ratified the County
Health Officer's declaration on March 10, 2020. The President of the United States has
declared a federal emergency as a result of the spread of the COVID-19, and
WHEREAS, on March 14, 2020 in accordance with PSMC Section
2.20.050(A)(1), the City Manager/Director of Emergency Services issued a Declaration
of an Emergency Order declaring a local emergency in the City due to extreme peril of
the residents of Palm Springs as a result of the rapid spread of the COVID-19 illness
and empowering the City Manager, as Director of Emergency Services to make and
issue rules and regulations on matters reasonably related to the protection of life and
property as affected by the emergency, and said Declaration was subsequently ratified
by the City Council Resolution R-24738; and
Resolution No. 24748
Page 2
WHEREAS, on March 15, 2020 Governor Newsom advised that those who are
65 and older or vulnerable should practice home isolation; and that bars, night clubs,
and breweries should close; and
WHEREAS, on March, 15, 2020 ("March 15 Order"), the City Manager/Director of
Emergency Services ordered (1) those where are 65 and older or vulnerable to COVID-
19 are encouraged to practice home isolation and should venture out only as absolutely
necessary; (2) that all bars, night clubs and breweries with the City are ordered to close
immediately; and (3) empowering peace officers and City employees to enforce this
order; and
WHEREAS, on March 16, 2020 ("March 16 Order"), the City Manager/Director of
Emergency Services issued an order that (1) all commercial gyms in the City are
ordered closed immediately; and (2) all in -person events that consist of 50 people or
more are canceled; and
WHEREAS, on March 17, 2020 ("March 17 Order"), the City Manager/Director of
Emergency Services issued an order that (1) revoked the March 15 Order and March 16
Order (2) all individuals currently living in the City shelter in place and at all times, as
reasonably possible, maintain social distancing of at least six feet from any other person
when they are outside their residence, but all persons may leave their residences only
for Essential Activities, Essential Governmental Functions, Essential Travel, or to
operate Essential Businesses, (3) All businesses except Essential Businesses are
required to cease all activities except Minimum Basic Operations, (4) all public and
private gatherings of any number of people outside of a single household or living units
are prohibited, (5) all travel except for Essential Travel and Essential Activities is
prohibited, (6) defined all relevant terms, and (7) established administrative fines for a
violation of any order issued in the amounts of $5,000 for the first violation, $10,000 for
the second violation and $25,000 for the third violation; and
WHEREAS, on March 19, 2020, the City Council, in accordance with PSMC
Section 2.20.050(A)(1), adopted Resolution No. R-24738, ratifying the City
Manager/Director of Emergency Services Declaration of Emergency and authorized the
City Manager/Director of Emergency Services to issue orders and implement such
measures as necessary to immediately and expeditiously address the local public
health emergency due to the COVID-19 Pandemic; and
WHEREAS, on March 24, 2020 ("March 24 Order - rentals"), the City
Manager/Director of Emergency Services issued an order that hotels, vacation rentals,
homeshares or other lodging facilities may not operate unless they are being used for
COVID-19 mitigation and containment measures; and
WHEREAS, on March 24, 2020 ("March 24 Order — Trails/Parks"), the City
Manager/Director of Emergency Services issued an order that (1) public trails within the
City shall remain open until further noticed provided people using the trail maintain a
minimum space of 6 feet from other persons not from the same household, (2) golf
Resolution No. 24748
Page 3
courses and their ancillary use areas, including, but not limited to, parking areas,
clubhouses, driving ranges, practice putting areas, and food/beverage service areas are
ordered closed until a subsequent order from the Director of Emergency Services is
issued, (3) open recreation areas and fields may be used provided people maintain a
minimum space of 6 feet from other persons not from the same household, (4) facilities
within the public parks, including child play equipment, basketball courts, tennis courts,
and pickle ball courts are ordered closed and no person shall enter upon or use such
facilities until a subsequent order from the Emergency Services Director is issued; and
WHEREAS, on April 7, 2020 ("April 7 Order"), the City Manager/Director of
Emergency Services issued an order that (1) incorporated Governor Newsom's
Executive Order N-33-30 (Shelter in Place) and deemed it to be an order of the City of
Palm Springs Director of Emergency Services, (2) the incorporated order was subject to
any other Executive Order(s) issued by the California Governor, any order(s) issued by
the Riverside County Public Health Officer or Emergency Services Director, and any
clarifying guidance issued by Riverside County and any other emergency order issued
by the Palm Springs Director of Emergency Services; and
WHEREAS, on April 7, 2020 ("April 7 Order - Construction"), the City
Manager/Director of Emergency Services issued an order that (1) suspended all
construction projects except for those defined as "Essential Construction Projects" (2)
where possible, to use remote video-conferencing technology to conduct inspections,
(3) provided a definition of Essential Construction Projects, (4) construction sites with
Essential Construction Projects shall prepare and post "Social Distancing Protocol" in a
substantial form as provided in the Order, (5) all employees working on Essential
Construction Projects to follow the Social Distancing Protocol at their respective
construction sites, as well as any social distancing and protective standards or
guidelines established by City, County, State and Federal authorities, (6) suspended
any active building permits that are not qualified as Essential Construction projects, (7)
the City will continue to process and review active building permit applications but will
not issue any building permits until this Order is lifted, unless the permit is for an
Essential Construction Project, (8) any building permit for any project that is deferred
will be automatically extended for a period equal to March 14, 2020 to the date the City
of Palm Springs declares the end of this state of emergency, and
WHEREAS, on April 13, 2020 (the April 13 Order — Face Coverings"), the City
Manager/Director of Emergency Services issued an order that all Essential Businesses
(1) ensure that all persons, including, without limitation, employees, customers, vendors
and any other visitors, must wear face coverings while at such location; (2) take
reasonable steps to ensure that all persons, including, without limitation, employees,
customers, vendors and any other visitors, practice social distancing while at such
location; and (3) post a sign at a conspicuous location at all entrances to all buildings
that will be occupied, advising persons entering such buildings of the requirement to
wear face coverings and practice social distancing in order to be permitted to enter and
remain in any such building; and
WHEREAS, pursuant to California Government Code Section 8630 of the
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Emergency Services Act, the City Council must review the need for continuing the local
emergency at least once every 60 days until the governing body terminates the local
emergency; and
WHEREAS, the City Council of the City of Palm Springs has reviewed the need
to continue the existence of a local emergency; and
WHEREAS, the City Council does hereby find that the above -described
conditions of extreme peril continue to warrant and necessitate the proclamation of the
existence of a local emergency within the City of Palm Springs.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. The City Council hereby ratifies and confirms the March 14, 2020
Declaration of the Local Emergency related to the spread of the COVID-19 in the City of
Palm Springs, which was previously ratified by the City Council on March 19, 2020 by
Resolution No. R-24738.
SECTION 3. The Existence of Local Emergency is hereby extended for an
additional 60 days from the date of this Resolution, unless terminated sooner or
extended by the City Council.
SECTION 4. The City Council hereby does not ratify the March 15 and March
16 Orders in that they have been superseded by the City Manager/Director of
Emergency Services March 17, 2020 Order. Likewise, the City Council hereby does not
ratify the March 17, 2020 Order, in that such order expired by its own terms on April 2,
2020.
SECTION 5. The City Council hereby ratifies City Manager/Director of
Emergency Services March 24 Order — vacation rentals, to the extent such order
requires all existing bookings through April 30, 2020 be cancelled by the property
owner. The City Council further directs that the City Manager/Director of Emergency
Services include lodging for victims of domestic violence as a COVID-19 related
purpose, for purpose of the March 24, Order —vacation rentals. The City Council also
extends the April 30, 2020 expiration date to May 31, 2020. Except to the extent so
ratified, the remaining portions of the March 24, 2020 vacation rentals order is hereby
not ratified.
SECTION 6. The City Council hereby ratifies City Manager/Director of
Emergency Services March 24 Order — Trails/Parks order, to the extent it provides that
facilities within the public parks, including child play equipment, basketball courts, tennis
courts, and pickle ball courts be closed, and the City Council further directs the City
Manager/Director of Emergency Services to extend such prohibition to private HOAs,
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Page 5
apartments, hotels, motels, timeshares and country clubs. The City Council further
directs the City Manager/Director of Emergency Services to incorporate by reference
the County of Riverside's March 26, 2020 guidance regarding private community pools,
with the caveat that the owners/operators of such private community pools must post
notices of the guidance, in English and Spanish, at the site and the further caveat that
the City be authorized to enforce such order against the owner/operators of such private
complexes, including closure of such recreational facilities. Except to the extent so
ratified, the remaining portions of the March 24, 2020 trails/parks order is hereby not
ratified.
SECTION 7. The City Council hereby ratifies City Manager/Director of
Emergency Services April 7 Stay at Home Order.
SECTION 8. The City Council hereby ratifies City Manager/Director of
Emergency Services April 7 Order — Essential/ Non -Essential Construction, subject to
the following amendments: Item 2j to read: "j. Construction of new single family or
multiple -unit housing projects (including accessory dwelling units)
by the Gity, with valid building nor ' and in an antiye and nr)ntinUinn state of
eestiee.", and further the City Council directs the City Manager/Director of
Emergency Services to deem accessory structures (such as pools, patios, and solar
systems) to be "essential", and further to deem demolition or interior remodel of vacant
buildings to be "essential".
SECTION 9. The City Council hereby ratifies the City Manager/Director of
Emergency Services April 13 Face Coverings/Social Distancing Order.
SECTION 10. The above -referenced declaration and orders are attached hereto
as Exhibit A and incorporated by reference herein. Said declaration and orders shall
remain in effect unless and until the City Council terminates the same.
SECTION 11. The City Manager/Director of Emergency Services is authorized
to carry out the intent of this Resolution, and the City Council hereby waives such
ordinances and regulations limiting the City Manger's authority to incur expenditures
exceeding $25,000 as deemed necessary by the City Manager/Director of Emergency
Services related to the City's response to the increasing spread of COVID-19 in the
Community.
SECTION 12. Pursuant to Section 1.06 of the PSMC, relating to administrative
citation amounts, the City Council hereby determines and reaffirms that the
administrative fines imposed by Chapter 1.06 for the violation of this Resolution or any
order issued by the City Manager/Director of Emergency Services shall be in amounts
up to $5000 for the first violation, up to $10,000 for the second violation, and up to
$25,000 for the third and subsequent violations. The citing officer shall be entitled to
exercise his/her discretion in determining the amount of any such fine, having taken into
consideration the severity of the violation. In addition, continued violations of this order
may result in the closure of any business that violates this order.
For purposes of PSMC Chapter 1.06.030(b), any violation of this Resolution or any
Resolution No. 24748
Page 6
order of the City Manager/Director of Emergency Services shall be deemed an
immediate danger to health or safety and shall not require any pre -service citation or
courtesy notice to the responsible party for the violation. Nothing in this Section shall
preclude the City from pursuing any other civil or criminal remedies available to it by
law, including, without limitation, immediate closure of any location that is in violation of
this Resolution or any order issued by the City Manager/Director of Emergency
Services.
ADOPTED THIS 23rd DAY OF APRIL, 2020.
DAVID H. READY
CITY MANAGER
ATTEST:
A HONY J. E ,
CITY CLERK
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. 24748 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on April 23, 2020, by the
following vote:
AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege,
and Mayor Kors
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this L2 day of _
A HONY J
CITY CLER
Resolution No. 24748
Page 7
EXHIBIT W
EMERGENCY DECLARATION AND ORDERS
Resolution No. 24748
Page 8
DECLARATION OF AN EMERGENCY ORDER
CITY OF PALM SPRINGS
Mara 15, 2020
WHEREAS, pursuant to Paten Springs Municipal Code section 2.20.050(ax1), 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, Governor Newsom has advised that those who
are 65 and older or vulnerable to COVID-19 should practice home isolation; and
WHEREAS, on March 15, 2020, Governor Newsom has asked that bars night
dubs, and breweries should dose.
NOW, THEREFORE, IT IS HEREBY DECLARED, that those who are 65 and older
or vulnerable to COVID-19 are encouraged to practice home isolation, and should venture
out only as absolutely necessary; and
IT IS FURTHER DECLARED AND ORDERED, that all bars, night dubs and
breweries within the City of Palm Springs are hereby ordered dosed immediately. Those
restaurants that include a bar area may remain open, but must dose the bar area of the
restaurant. In addition, soul distancing (defined as distancing of tables to no less than
six (6) feet from each other) must be maintained in any restaurant that remains open; and
IT IS FURTHER DECLARED AND ORDERED, that City peace officers and City
employees are hereby empowered to enforce this order, including, without limitation, by
dosing any enterprise covered by this order.
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Resolution No. 24748
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IT IS FURTHER DECLARED AND ORDERED, that this order is a temporary
emergency measure, which is effective immedlab* 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 15, 2020 f
David H. Ready,
City Manager/Director of Emergency Services
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger, City Attorney
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Resolution No. 24748
Page 10
DECLARATION OF AN EMERGENCY ORDER
CITY OF PALM SPRINGS
March 18, 2020
WHEREAS, pursuant to 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. Governor Newsom has asked that bars night
dubs, and breweries should dose, leading to the City of Palm Springs to order the
closure of bars, night dubs and breweries within the City; and
WHEREAS, on March 15, 2020, the federal Center for Disease Control issued
interim guidance regarding COVID-19, recommending that for the next 8 weeks,
organizers (whether groups or individuals) cancel or postpone in -person events that
consist of 50 or more people.
NOW, THEREFORE, IT 18 HEREBY DECLARED AND ORDERED, that all
cannabis lounges within the City are hereby ordered dosed immediately. Cannabis
products may continue to be sold from such locations 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 shag not be used; and
IT IS FURTHER DECLARED AND ORDERED, that all commercial gyms within
the City are hereby ordered dosed immediately. Nothing contained in this order shall
prevent one on one training sessions within residences or similar settings; and
IT IS FURTHER DECLARED AND ORDERED, that all in -person events that
consist of 50 or more people are hereby ordered to be cancelled, effective immediately;
and
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Resolution No. 24748
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IT IS FURTHER DECLARED AND ORDERED, that this order is a temporary
emergency measure, which is effective immedia/sly and shall remain in effect unless
and until modified or superseded by the City Council or any county, state or federal
order or declaration.
r
March 16, 2020
David H. Ready.
City Manager/Director of Emergency Services
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger, City Attomey
SM.131339MI41.i Pqp 2 aft
Resolution No. 24748
Page 12
MALY
DECLARATION OF AN EMERGENCY
SHELTER IN PLACE ORDER
CITY OF PALM SPRINGS
March 17, 2020
WHEREAS, the virus that causes Coronavirus 2019 Disease CCOVID-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 COMD-19 to practice
home Isolation and ordered that all bars, night dubs 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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Resolution No. 24748
Page 13
members most vulnerable to the virus and also health care providers, this Order
requires all individuals anywhere in the City of Pain 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 ac Wities 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 dosed. 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 sic feet from other individuals, wash hands with soap and
water for at least 20 seconds as frequently as possible or using hand
sari titer, cover coughs or sneezes, and not shake hands;
C7 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 . v regularly; and
WHEREAS, this Order revokes and replaces the two Declaration of Emergency
Orders, issued March 15, 2020 and Mang 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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Resolution No. 24748
Page 14
NOW, THEREFORE, IT 13 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 limbed purposes as
expressly permitted in Section 10. Nothing in this Omer 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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Resolution No. 24748
Page 15
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 Govemmentai Functions.
S. This Osier 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 slaw the
transmission of communicable diseases generally and COMD-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 COMD-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 vim. 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 COMD-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 confimned 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 besting 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 reevaluate it
as further data becomes available.
S. 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
Omer 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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Resolution No. 24748
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9. This Order is also issued in accordance with, and incorporates by reference,
the Mare 12, 2020 Executive Order (Executive Omer 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 static 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 dose 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 Offioers March 16, 2020 order, which
generally prohibits gatherings of ten (10) or more persons within a given area.
10. Definitions and Exemptions.
a. "Essentlal Acdvlttes" 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.
1. 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.
li. 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.
Ili. 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
55575.1roa.k -6-
Resolution No. 24748
Page 17
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 Omer, 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 arty 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
%duties.
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 Omer, 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. AD Essential
Governmental Functions shall be performed in compliance with Social
Distancing Requirements as defined this Section, to the extent possible.
55"S.18OW427"M.1 -6-
Resolution No. 24748
Page 18
e. For the purposes of this Order, covered businesses include any for -prof,
non-profit, or educational entities, regardless of the nature of the service,
the function they perform, or its corporate or entity structure.
f. "Essendal Businesses° For the purposes of this Order, "Essential
Businesses* means:
1. Healthcare Operations and Essential Infrastructure;
II. Grocery stores, certified fanners' 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, pot 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-grooery products, and products necessary to
maintaining the safety, sanitation, and essential operation of
residences;
Ili. 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;
vil. Banks and related financial institutions, as well as notary
services, provided that Social Distancing is implemented;
vili. Hardware stores;
bk. 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;
A Educational institutions subject to the legal jurisdiction of the
City ---including private K-12 schools, colleges, and
universities —for purposes of facilitating distance Teaming or
55575.1e00o32799a13 -7-
Resolution No. 24748
Page 19
performing essential functions, provided that social
distancing of six -feet per person is maintained to the
greatest extent possible;
MI. Laundromats, dry cleaners, and laundry service providers;
All. 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 pickup 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;
xvil. Airlines, taxis, and other private transportation providers
providing transportation services necessary for Essential
Activities and other purposes expressly authorized In this
Order,
xvill. Home -based care for seniors, adults, or children;
xlx. 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;
md. 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:
S5"5.187ra.1 -g-
Resolution No. 24748
Page 20
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 some 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.
mdl. Hotels, motels and lawfully permitted vacation rentals and
homesharing, all provided that the same comply with Social
Distancing Requirements.
xxlii. 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 Govemmental
Functions:
i. 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.
Ill. 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.
SSS7s.1800013279M.1 -9-
Resolution No. 24748
Page 21
t. Any travel relsied to the provision of or access to Essential
Activities, Essential Governmental Functions, Essential
Businesses, or Minimum Basic Operations.
tt. Travel to care for elderly, minors, dependents, persons with
disabilities, or other vulnerable persons.
Ili. 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.
A Travel required for non-resleents 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 RequiremenW 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 Omer 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 folbws: (1) by posting on the City
websibe ; (2) by posting at City Hall, located at
3200 East Tahquitz Canyon Way, Palm Springs, California; and (3) by
Resolution No. 24748
Page 22
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. r�
March 17, 2020
David H. Ready,
City Manager/Director OrEMMIU0111,Y Services
APPROVED AS TO LEGAL FORM:
Jefty ir BbilinqW, City Attorney
ssns.as000 7997oa.1 -111-
Resolution No. 24748
Page 23
40"i/am 8p
V la
'ttroaN�
CITY OF PALM SPRINGS
LOCAL EMERGENCY
SUPPLEMENTARY ORDER
HOTELS, VACATION RENTALS, AND HOMESHARING
March 24, 2020
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, the Director of Emergency Services is authorized to revise his
emergency declaration and related orders, as the situation evolves.
NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that:
1. Notwithstanding anything to the contrary in any prior emergency order of the
City, unless hotels, vacation rentals, homeshares or other lodging facilities
within the City are being used for COVID-19 mitigation and containment
measures, such as housing critical Infrastructure workers or those specifically
designated by the State or County to house confirmed COVID-19 patients,
lodging establishments, including hotels, vacation rentals and homeshares may
not operate within the City.
-1-
Resolution No. 24748
Page 24
2. No new reservations shall be accepted until after the COVID-19 emergency
declaration within the City has officially ended and these restrictions have been
lifted. Any and all bookings through April 30, 2020, other than those for
COVID-19 mitigation and containment measures, shall be cancelled
immediately. Any guests currently in a lodging facility are directed to return
directly home and continue to "shelter in place° in their home community, or
remain sheltered in place in the unit.
IT IS FURTHER DECLARED AND ORDERED, that pursuant to Palm Springs
Municipal Code sections 1.06.040 and 2.20.100 and City Council Resolution dated
March 19, 2020, the fines for the first, second, third and any subsequent violation of this
order shall be $5,000 for first violation, $10,000 for any second violation, and $25,000
for any third and subsequent violation.
IT IS FURTHER DECLARED AND ORDERED, this order 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.
March 24, 2020'
David H. Ready,
City Manager/Director of Emergency Services
APPROVED AS TO LEGAL FORM:
J . Ball' er, City Attorney
-2-
Resolution No. 24748
Page 25
CITY OF PALM SPRINGS
LOCAL EMERGENCY
SUPPLEMENTARY ORDER
TRAILS, GOLF COURSES, PARKS AND PARK FACILITIES
March 24, 2020
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, the Director of Emergency Services is authorized to revise his
emergency declaration and related orders, as the situation evolves.
NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that:
1. Public trails within the City of Palm Springs jurisdiction shall remain open to the
public, until further notice; provided, however, that persons using such trails
shall implement social distancing, including maintaining a minimum space of 6
feet from other persons not from the same household.
2. All golf courses (whether public or private) and their ancillary use areas,
including, but not limited to, parking areas, clubhouses, driving ranges, practice
putting areas, and food/beverage service areas, within the City of Palm Springs
5557s.18240U2315610.1 -11-
Resolution No. 24748
Page 26
are hereby ordered closed and shall remain closed to the public until
subsequent order from the Emergency Services Director.
3. Open recreation areas and fields located within public parks in the City of Palm
Springs shall remain open to the public; provided, however, that persons using
such parks shall implement social distancing, including maintaining space a
minimum space of 6 feet from other persons not from the same household. Use
of open recreation areas or fields in such parks by groups of individuals
coordinating events or gatherings of persons not within the same household is
prohibited.
4. Also, facilities within public parks, including, without limitation, child play
equipment, basketball courts, tennis courts, and pickle ball courts, within public
parks in the City of Palm Springs are hereby ordered closed and shall remain
closed to the public until subsequent order from the Emergency Services
Director. No person shall enter upon or use such facilities until subsequent order
from the Emergency Services Director.
IT IS FURTHER DECLARED AND ORDERED, that pursuant to Palm Springs
Municipal Code sections 1.06.040 and 2.20.100 and City Council Resolution dated
March 19, 2020, the City may impose administrative fines for violations of this order.
IT IS FURTHER DECLARED AND ORDERED, this order 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.
March 24, 2020
David H. Ready,
City Manager/Director of Emergency Services
APPROVED AS TO LEGAL FORM:
c
PC
Jefffey Vftllihjttomey
S5575.182043nIS610.1 -2-
Resolution No. 24748
Page 27
• \ •
\�/Fpt��
CITY OF PALM SPRINGS
LOCAL EMERGENCY
SUPPLEMENTARY ORDER
INCORPORATING BY REFERENCE THE GOVERNOR'S
EXECUTIVE ORDER N-33-20 (SHELTER IN PLACE)
April 7, 2020
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 Governor of the State of California ordered
all individuals living in the State of Califomia to stay home or at their place of residence,
except as need to maintain continuity of operations of the federal critical infrastructure
sectors, as described in said order, and
WHEREAS, pursuant to Palm Springs Municipal Code section 2.20.050(a)(6),
the Director of Emergency Services is empowered to malce and issue rules and
reguktions on mattem 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, the Director of Emergency Services is authorized to revise his
emergency declaration and related orders, as the situation evolves.
NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that:
1. Executive Order N-33-20 (Sheller in Place), dated March 19, 2020 is hereby
Incorporated into this order as though fully set forth herein, and shall be deemed
to be an order of the City of Palm Springs Director of Emergency Services within
the City of Palm Spry.
SS375 18240%3=514 1 -1-
Resolution No. 24748
Page 28
2. The City of Palm Springs Director of Emergency Services' order contained in
Section 1, above, shall be subject to the following, whether issued prior to, or
following, the date of this order:
(a) any other Executive Order(s) Issued by the Governor of the State of
California;
(b) any order(s) Issued by Riverside County Public Health Officer or
Emergency Services Director, as well as any clarifying guidance issued by
Riverside County; and
(c) any other emergency order Issued by the City of Palm Springs Director of
Emergency Services.
IT IS FURTHER DECLARED AND ORDERED, that pursuant to Palm Springs
Municipal Code sections 1.06.040 and 2.20.100 and City Council Resolution 24738,
dated March 19, 2020, the fine amounts for the first, second, third and any subsequent
violation of this order may be up to $5,000 for first violation, up to $10,000 for any
second violation, and up to $25,000 for any third and subsequent violation. The citing
officer shall be entitled to exercise his/her discretion in determining the amount of any
such fine, having taken into consideration the severity of the violation.
IT IS FURTHER DECLARED AND ORDERED, this order 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.
April 7, 2020
David H. Ready,
City Manager/Director of Emergency Services
APPROVED AS TO LEGAL FORM:
9 /✓
J ey S. Ballinger, City Attorney
55575.10403M3514 1 -2-
Resolution No. 24748
Page 29
CITY OF PALM SPRINGS
LOCAL EMERGENCY
SUPPLEMENTARY ORDER
ESSENTIAL CONSTRUCTION PROJECTS
April 7, 2020
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 CaUfomia 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
08 011 c! by such emergency; provided, however, such rules and regulations must be
confirmed at the earliest predicable time by the City Council; and
WHEREAS, the Director of Emergency Services is authorized to revise his
emergency declaration and related orders, as the situation evolves.
NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED. that:
1. Construction projects have the potential of exposing the City's Building
Inspectors to the COVID-19 virus. Therefore, all residential and commercial
construction projects, except those defined in this Supplementary Order as
`Essential Construction Projects% shall be suspended until further rmlice. In
addition to the Social Distancing Protocols set forth below, whenever possible,
Inspections shall be conducted via remote video-confererwAng technology, such
as Skype, Zoom, Faoetime, eta
.1.
Resolution No. 24748
Page 30
2. "Essential Construction Projects° are limited to the following:
a. Projects immediately necessary to the maintenance, operation, or repair of
`Essential Infrastructure," including airports, utilities (including water, sewer,
gas, and electrical), oil refining, roads and highways, public transportation,
solid waste facilities (including collection, removal, disposal, and processing
facilities), cemeteries, mortuaries, crematoriums, and telecommunications
systems (including the provision of essential global, national, and local
Infrastructure for internet, computing services. business infrastructure,
communications, and web -based services);
b. Projects associated with °Healthcare Operations," including creating or
expanding Healthcare Operations, provided that such construction is directly
related to the COVID-19 response. Healthcare Operations Is defined to
include hospitals, clinics, COVID-19 testing locations, dentists, pharmacies,
blood banks and blood drives, pharmaceutical and biotechnology companies,
other healthcare facilities, healthcare suppliers, home healthcare services
providers, mental health providers, or any related and/or ancillary healthcare
services, and excludes fitness and exercise gyms and similar facilities.
Healthcare Operations also includes veterinary care and all healthcare
services provided to animals. This exemption for Healthcare Operations
construction shall be construed broadly to avoid any Interference with the
delivery of healthcare, broadly defined;
c. Affordable housing that is or will be income -restricted, including multi -unit or
mixed -use developments containing at least 10% income -restricted units;
d. Public works projects if specifically designated as an "Essential Governmental
Function" by the lead governmental agency undertaking them;
e. Shelters and temporary housing, but not including hotels or motels;
f. Projects immediately necessary to provide critical non-commercial services to
individuals experiencing homelessness, elderly persons. persons who are
economically disadvantaged, and persons with special needs;
g. Construction necessary to ensure that existing construction sites that must be
shut down under this Supplementary Order are left in a safe and secure
manner, but only to the extent necessary to do so; and
IL Construction or repair necessary to ensure that residences are safe, sanitary,
or habitable to the extent such construction or repair cannot reasonably be
delayed; and
L Construction or repair necessary to ensure that buildings containing
"Essential BusinessW as defined in the State Shelter in Plaos Order, as
interpreted and implemented by Riverside County, are safe, sanitary, or
-2-
Resolution No. 24748
Page 31
habitable to the extent such construction or repair cannot reasonably be
delayed; and
j. Construction of new single family or multiple -unit housing projects (including
accessory dwelling units) previously approved by the City, with valid building
permits, and In an active and continuing state of construction.
3. All construction sites where 'Essential Construction Projects" will proceed must
have prepared and posted by no later than 11:59 p.m. on April 8, 2020 a "Social
Distancing Protocol.' The Social Distancing Protocol must be substantially in the
form attached to this Supplementary Order as Appendix A. The Social
Distancing Protocol must be posted at or near the entrance of the relevant site,
and shall be easily viewable by the public and employees. A copy of the Social
Distancing Protocol must also be provided to each employee performing work at
the construction site. All construction sites where construction will occur shall
Implement the Social Distancing Protocol and provide evidence of its
Implementation to any authority enforcing this Supplementary Order upon
demand. The Social Distancing Protocol must explain how the construction site
Is achieving the following, as applicable:
a. Limiting the number of people who can enter into the site at any one time
to ensure that people in the site can easily maintain a minimum six-foot
distance from one another at all times;
b. VVhem Ones or crowds may form at a site, marking six-foot increments at a
minimum, establishing where individuals should stand to maintain
adequate social distancing;
c. Providing hand sanitizer, soap and water, or effective disinfectant at or
near the entrance of the site and in other appropriate areas for use by
employees and the public;
d. Regularly disinfecting high -touch surfaces;
e. Posting a sign at the entrance of the site informing all employees and the
public that they should: avoid entering the facility if they have a cough or
fever; maintain a minimum six400t distance from one another wing
while having meaklbreaks); sneeze and cough into one's ebow; not
shake hands or engage in any unnecessary physical contact; and
f. Any additional social distancing measures then being Implemented (see
the Centers for Disease Control and Prevention's guidance
at: http :/Avww.edc.gov/coronaviruw2019-nwvlcommunky/guidance-
business-response. html).
4. Ail employees working on 'Essential Construction Projects' must follow the
required Social Distancing Protocol at their respective construction sites. and
-3-
Resolution No. 24748
Page 32
other social distancing and protective standards or guidelines as may be
promulgated from time to time by City, County, State and federal authorities.
5. In furtherance of this Supplementary Order, unless expressly qualifying as
"Essential Construction Projects," the following types of construction projects with
active building permits, or with pending building permit appr'Kations, to be
suspended by this order until termination of the local emergency, Include, but are
not limited to, the following:
a. Demolition and/or interior remodel of any space within an existing single-
family home, condominium unit, or other structure used for residential
purposes;
b. Demolition and/or interior remodel of any space within a commercial building,
or completion of "tenant improvements' (TI's);
c. Construction of a new addition to or expansion of an existing single-family
home, condominium unit, or other structure used for residential purposes;
d. Construction of a new addition to or expansion of an existing commercial
building;
e. Constriction of accessory structures related to and a part of an existing
residential structure, such as new pools/spas, patio covers, bar-b-ques, fire
pits, and similar structures;
f. Construction or installation of new solar photovoltaic systems; or
g. Construction of new commercial or Industrial buildings.
6. In furtherance of this Supplementary Order, the City will continue to process the
review and approval of all currently active building permit applications during the
effectiveness of this Supplementary Order. However, issuance of building
permits for construction projects not considered 'Essential Construction Projects"
will be deferred until such time as this Supplementary Order is terminated. Any
building permit for any project that is deferred by this Supplementary Order shall
automatically be extended by a period that is equal to the time period that begins
on March 14, 2020 and ends on the day that the City of Palm Springs declares
the end of this local state of emergency.
IT IS FURTHER DECLARED AND ORDERED, that pursuant to Palm Springs
Municipal Code sections 1.06.040 and 2.20.100 and City Council Resolution 24738,
dated March 19, 2020, the fine amounts for the first, second, third and any subsequent
violation of this order may be up to $5,000 for first violation, up to $10,000 for any
second violation, and up to $25,000 for any third and subsequent violation. The dung
officer shall be entitled to exercise his/her discretion in determining the amount of any
such fine, having taken into consideration the severity of the violation.
Resolution No. 24748
Page 33
IT IS FURTHER DECLARED AND ORDERED, this order 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.
April 7, 2020 .
David H. Ready,
City Manager/Director of Emergency Services
APPROVED AS TO LEGAL FORM:
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9,;
y S. Ballinger, City Attorney
-5-
Resolution No. 24748
Page 34
EXHIBIT "A"
Social Distancing Protocol
-6-
Resolution No. 24748
Page 35
y, , .L_ ' ..,
Me+asr M & %rev PWnk At Least SU F'e3et Anart feheak all that aanlr to the faclaW,
❑ Placing signs outside the store reminding people to be at least six feet apart. including when in fine.
❑ Placing tape or other marking at least six feet apart in customer line areas inside the store and on
sidewalks at public entrances w rth signs directing customers to use the markings to maintain distance.
❑ Separate order areas from delivery areas to prevent customers from gathering.
❑ All emplo?ees have been instructed to maintain at least six feet distance from customers and from each
other. except empployees ma? momentarily come closer %then necessar? to accept payment. deliver goods or
services. or as otCmise necessary.
❑ Optional —Describe other measures:
Measures To Premat VAnecessarr Contact f&Aall that am* to the facl►ltr):
❑ Preventing people from self-serving am items that are food -related.
❑ Lids for cups and food -bar type items are pro% ided b) staff: not to customers to grab.
❑ Bulk -item food bins are not available for customer self-ser % ice use.
❑ Not permitting customers to bring their own bags. mugs. or other reusable items from home.
❑ Providing for contactless pa) ment systems or. if not feasible. sanitizing pad ment s) stems regularly.
Describe:
❑ Optional —Describe other measures (e.g. providing senior -only hours):
k .1
Meaim= To Increxe SanUlzatten (check all that annlr to the facillir):
❑ Disinfecting w ipes that arc effecti%a against COVID-19 are available near shopping carts and shopping
baskets.
❑ Employee(s) assigned to disinfect carts and baskets regularly.
❑ Hand sanitixer. soap and eater. or effective disinfectant is available to the public at or near the entrance of
the facility. at checkout counters. and anywhere else inside the store or immediatel% outside where people
have direct interactions.
❑ Disinfecting all pa) ment portals. pens. and sty luses after each use.
❑ Disinfecting all high -contact surfaces frequend).
❑ Optional Daacribe other measures:
* Anv additional measures not included here should be listed on separate pages. which the business should
attach to this document.
You may contact the following person with any questions or comments about this protocol:
Name: Phone number:
Resolution No. 24748
Page 36
Annendix A: Social Distancing Protocol
Business name:
Facility Address:
Approximate gross square footage of space open to the public:
Businesses must implement all applicable measures listed below, and be prepared to explain why any
measure that is not implemented is inapplicable to the business.
a e:
❑Signage at each public entrance of the facility to inform all employees and customers that the should:
avoid entering the facility if they have a cough or fever. maintain a minimum six-foot distance from one
another; sneeze and cough into a cloth or tissue or. if not available. into one's elbow: and not shake hands or
engage in any unnecessary physical contact.
❑Signage posting a copy of the Social Distancing Protocol at each public entrance to the facility.
Measures To Protect Emnlovee Health (check all that aanly to the facRIM
❑ fccryone who can cant' out their work duties from home has been directed to do so.
O All employees have been told not to come to work if sick.
O Sy mptom checks are being conducted before employees may enter the work space.
❑ All desks or individual work stations are separated by at least six feet.
❑ Break rooms. bathrooms. and other common areas are being disinfected frequently. on the following
schedule:
Break rooms:
Bathrooms:
❑ Other
❑ Disinfectant and related supplies are available to all employees at the following location(s):
❑ Hand sanitizer effective against COVID-19 is available to all employees at the following location(s):
❑ Soap and water are available to all employees at the following location(s):
O Copies of this Protocol have been distributed to all employees.
❑ Optional —Describe other measures:
Measures To Prevent Crowds From Gathering check all that apply to the acill l :
❑ Limit the number of customers in the store at any one time to Select (or other enter }.
which allows for customers and employees to easily maintain at least six-foot distance from one another
at all practicable times.
❑ Post an employee at the door to ensure that the maximum number of customers in the facility set forth
above is not exceeded.
O Ptacing per -person limits on Roods that are selling out quickly to reduce crowds and lines.
Explain:
0 Optional Describe other measures:
Resolution No. 24748
Page 37
CITY OF PALM SPRINGS
LOCAL EMERGENCY
SUPPLEMENTARY ORDER
REGARDING FACE COVERINGS AND SOCIAL DISTANCING
AT ESSENTIAL BUSINESSES
April 13, 2020
WHEREAS, on March 14, 2020, pursuant to the City of Palm Springs Municipal
Code section 2.20.060(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 April 4, 2020, the Riverside County Healtih Officer ordered that all
persons, including Essential Workers, must wear face coverings, such as scarves
(dense fabric, without holes), bandanas, neck gaiters, or other fabric face coverings and
practioe soul distancing; and
WHEREAS, pursuant to Palm Springs Municipal Code section 2.20.0ma)(6),
the Director of Emergency Services Is empowered to make and issue rules and
regulations on matters reasonably related to the protecdon of life and property as
aNeclSed by such emergency; provided, however, such rules and regulations must be
confirmed at the earliest practicable time by the City Council; and
WHEREAS, the Director of Emergency Services is authorized to revise his
emergency declaration and related orders, as the situation evolves.
NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that:
I. All Essential Businesses that continue to operate shag ensure that all pens,
Including, without limitation, employees. customers, vendors and any other
visitors, must wear face coverings while at such location. Such Essential
Businesses shag not permit entry by any person Into any building, unless such
person Is wearing a face covering. Face coverings need not be "masks", but can
include scarves (dense fabric, without holes), bandanas, neck gaiters, or other
fabric face coverings.
sM11820=70Mr A-
Resolution No. 24748
Page 38
2. All Essential Businesses that continue to operate shall take reasonable steps to
ensure that all persons, Including, without limitation, employees, customers,
vendors and any other visitors, practice social distancing while at such location.
3. All Essential Businesses that continue to operate shall post a sign at a
conspicuous location at all entrances to all buildings that will be occupied,
advising persons entering such buildings of the requirement to wear face
coverings and practice social distancing in order to be permitted to enter and
remain in any such building.
IT 18 FURTHER DECLARED AND ORDERED, that the City's code enforcement
or peace offroers shall be authorized to enforce this order. Such emforo meat shall
begin with informing essential businesses of the requirements of this order. In the
event an Essential Business is found In violation of this order, after previously tag
informed of the requirements of this order, the City may impose administrative fines,
pursuant to Palm Springs Municipal Code sections 1.06.040 and 2.20.100 and City
Council Resolution 24738, dated March 19, 2020. The citing officer shall be entitled to
exercise hWher discretion In determining the amount of any such fine, having taken into
consideration the severity of the violation. In addition, continued violations of this order
may result in the closure of any business that violates this order.
IT IS FURTHER DECLARED AND ORDERED, this order 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.
April 13, 2020
David H. Ready,
City Manager/Director of rgency Services
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger, City Attorney
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