CC Resolution EM 2020-001 COVID-19 Local EmergencyEMERGENCY RESOLUTION NO. EM 2020 – 001
AN EMERGENCY RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, PROCLAIMING THE EXISTENCE
OF A LOCAL EMERGENCY DUE TO NOVEL
CORONAVIRUS DISEASE 2019 (COVID-19)
WHEREAS, Government Code Section 8630 and La Quinta Municipal
Code Section 2.20.080 authorize the La Quinta City Council to proclaim the
existence of a local emergency; and
WHEREAS, La Quinta Municipal Code Section 2.20.020 defines the
terms emergency or disaster 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, earthquake or other conditions, including
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, regular personnel, equipment
and facilities of the city and which may require the combined forces of other
political jurisdictions to combat”; and
WHEREAS, La Quinta Municipal Code Section 2.20.010 provides in
pertinent part that the powers and immunities set forth in Chapter 2.20 are
intended “to provide for the preparation and carrying out of plans for the
protection of persons and property within the city in the event of the
emergency conditions referred to in this chapter; the direction of the
disaster organization; and the coordination of the disaster functions of the
city with the county and with all other public agencies, corporations,
organizations, and affected private persons”; and
WHEREAS, the World Health Organization has declared the novel
Coronavirus Disease 2019, known as COVID-19, is a pandemic; and
WHEREAS, the United States Centers for Disease Control and
Prevention (CDC) has confirmed multiple cases of individuals who have
severe respiratory illness caused by COVID-19, and has issued guidelines for
Americans to prevent the spread of the virus; and
WHEREAS, on March 4, 2020, the Governor of California proclaimed a
State of Emergency; and
Resolution No. EM 2020 – 001
Local Emergency Proclamation (COVID-19)
Adopted: March 17, 2020
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WHEREAS, the Governor of California has waived the 60-day time
period in Government Code Section 8630, subdivision (c), within which a
local governing authority must renew a local emergency, for the duration of
the statewide emergency, and further, has ordered that any such local
emergency will remain in effect until each local governing authority
terminates its respective local emergency; and
WHEREAS, on March 8, 2020, the Riverside County Public Health
Officer declared a local health emergency based on an imminent and
proximate threat to public health from the introduction of COVID-19 in the
County of Riverside; and
WHEREAS, on March 10, 2020, the Riverside County Board of
Supervisors confirmed a State of a Local Health Emergency for the County of
Riverside for the reasons set forth in the Public Health Officer’s Declaration;
and
WHEREAS, on March 12, 2020 the Governor of California issued
Executive Order N-25-20 that, among other orders with the force and effect
of law under Government Code Sections 8567, subdivision (a) and 8571,
suspended and waived specified meeting and notice requirements ordinarily
required of local agencies under the Ralph M. Brown Act (Government Code
Section 54950 et seq.); and
WHEREAS, on March 12, 2020 the Riverside County Public Health
Officer issued an order, enforceable pursuant to Health and Safety Code
Sections 101029 and 120295 and Government Code Sections 26602 and
41601, to cancel and prohibit all events with expected attendance above 250
people through April 30, 2020, regardless of venue; and
WHEREAS, on March 15, 2020, the CDC urged the halt to gatherings
of 50 or more people for the next eight (8) weeks; and
WHEREAS, on March 15, 2020, the Governor of California announced
further additional guidelines to limit the transmission of the virus, following
the first COVID-19 death in California, directing:
(a) Californians over 65 years old and those with underlying health
conditions to self-isolate in their homes;
(b) Bars, nightclubs, pubs, and wineries to close their doors;
(c) Restaurants and movie theaters to cut their capacity in half and ensure
customers practice “social distancing”; and
Resolution No. EM 2020 – 001
Local Emergency Proclamation (COVID-19)
Adopted: March 17, 2020
Page 3 of 8
WHEREAS, on March 16, 2020, the California Department of Public
Health issued additional COVID-19 Guidelines to protect persons over 65
years of age, persons with serious chronic medical conditions (such as heart
or lung diseases or diabetes), and persons with compromised immune
systems, including in part the following guidance for persons over 65 years
of age:
(a) Remain at home until further guidance is issued;
(b) Continue with outdoor activities;
(c) Practice social distancing, both in and outside the home;
(d) Stay in touch with others by phone, email, or other on-line tools (like
Skype and Facebook);
(e) Identify Family, Friends, Neighbors, and Caregivers who can provide
Support;
(f) Have supplies on hand;
(g) Have a plan for if you get sick;
(h) Practice Hand washing;
(i) Use “respiratory etiquette” (such as covering a cough with a tissue or
sleeve);
(j) Clean and disinfect your home to remove germs; and
WHEREAS, on March 16, 2020, the California Department of Public
Health issued additional COVID-19 Guidelines relating to and affecting Retail
Food, Beverage, and Other Related Service Venues, including but not limited
to: (a) The temporary closure of bars, wineries, breweries and pubs, except
for venues that are currently authorized to provide of sale beer and wine to
be consumed off premises are allowed; (b) Restaurants should be closed for
in-restaurant seated dining, and should be open only to drive-through or
other pick-up/delivery options; (c) For food trucks, increase frequency of
cleaning of menus, cash registers, receipt trays, condiment holders, writing
instruments and other non-food contact surfaces frequently touched by
patrons and employees; and (d) grocery stores and charitable food
distribution sites should remain fully open and operational, subject to social
distancing of six feet per person for non-family members; and
WHEREAS, on March 16, 2020, the Riverside County Public Health
Officer issued an order, enforceable pursuant to Health and Safety Code
Sections 101029 and 120295 and Government Code Sections 26602 and
41601, to cancel and prohibit all gatherings having an expected presence of
ten (10) or more persons regardless of venue, and gatherings below this
size are prohibited unless a minimum social distancing of six (6) feet
Resolution No. EM 2020 – 001
Local Emergency Proclamation (COVID-19)
Adopted: March 17, 2020
Page 4 of 8
between attendees can be maintained, thereby superseding the prior County
Public Health Officer order dated March 12, 2020; and
WHEREAS, the Riverside County Public Health Officer’s order dated
March 16, 2020, exempted certain places and circumstances from its
limitations on gatherings, including an exemption for critical city operations
and necessary shopping at fuel stations, stores or malls; and
WHEREAS, according to the Riverside County Public Health Officer, as
of March 16, 2020, COVID-19 has infected at least 128,000 individuals
worldwide in 116 countries and is implicated in over 4,700 worldwide deaths,
including fifteen (15) cases in the County of Riverside; and
WHEREAS, based on the foregoing evidence and the federal, state,
and regional actions set forth in these Recitals, and other reports generally
available to the public, the City Council of the City of La Quinta hereby finds
that there exists within the City of La Quinta conditions of extreme peril to
the safety of persons as a result of the increased transmission of COVID-19
throughout the United States, State of California, and County of Riverside,
which are beyond the control of the services, regular personnel, equipment
and facilities of the city and which may require the assistance and combined
operations of other federal, state, and regional governments; and
WHEREAS, based on the foregoing evidence and the federal, state,
and regional actions set forth in these Recitals, and other reports generally
available to the public, the threatened existence of COVID-19 in the County
of Riverside warrants and necessitates the proclamation of the existence of a
Local Emergency in accordance with Government Code Section 8630 and La
Quinta Municipal Code Chapter 2.20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. Based on the foregoing Recitals and other reports
generally available to the public, presented before the City Council, it is
hereby PROCLAIMED that a Local Emergency as defined La Quinta
Municipal Code Section 2.20.020 now exists in and throughout the City of La
Quinta, where the Local Emergency is the threatened existence and spread
of COVID-19.
SECTION 2. The City Council hereby invokes and authorizes any and all
powers, duties, preparation and response efforts, and immunities available
under La Quinta Municipal Code Chapter 2.20, including but not limited to
Resolution No. EM 2020 – 001
Local Emergency Proclamation (COVID-19)
Adopted: March 17, 2020
Page 5 of 8
those provisions specified in this Resolution. Furthermore, the City Council
hereby authorizes the use for, by, and on behalf of the City of La Quinta, any
applicable federal, state, and local laws, whether authorized by statute,
regulation, or otherwise, that have been enacted or promulgated to limit and
eventually end the existence of the threat of public health and safety caused
by COVID-19.
SECTION 3. For any matters related to the Local Emergency, the
emergency corps commander shall be the city official designated in La
Quinta Municipal Code Section 2.20.090, and the emergency corps
commander shall have the ability to exercise any and all authority and
powers set forth in La Quinta Municipal Code Section 2.20.100.
SECTION 4. In addition to the enumerated and incidental powers
authorized by La Quinta Municipal Code Section 2.20.100, the City Council
expressly grants the authority and power to the emergency corps
commander to monitor, report, and enforce any executive order issued by
the Governor of California or any order from the Riverside County Public
Health Officer that are promulgated as a response to or in connection with
the existence or spread of COVID-19 and are purported either to have the
force and effect of law or to have the ability for local law enforcement to
enforce the order’s provisions.
SECTION 5. In addition to the enumerated and incidental powers
authorize by La Quinta Municipal Code Section 2.20.100, the City Council
expressly grants the authority and power to the emergency corps
commander as may otherwise be prescribed by federal law, state law, or by
ordinances or resolutions adopted by the City Council, in order to mitigate
the effects of said Local Emergency.
SECTION 6. Pursuant to La Quinta Municipal Code Section 2.20.110,
Subsection (A), for any meeting of the City Council to consider any action
relating to the Local Emergency, the City Council shall be considered to be in
continuous session, provided, however, that the city will make every effort
to give notice and post an agenda prior to any meeting that would consider
any action relating to the Local Emergency and will utilize, as necessary or
appropriate, teleconferencing as authorized by Executive Order N-25-20.
SECTION 7. Pursuant to La Quinta Municipal Code Section 2.20.110,
Subsection (B), the City Council may promulgate orders and regulations
necessary to provide for the protection of life and property in response to
the Local Emergency. Any such promulgated orders or regulations shall be
given widespread publicity and notice.
Resolution No. EM 2020 – 001
Local Emergency Proclamation (COVID-19)
Adopted: March 17, 2020
Page 6 of 8
SECTION 8. In addition to the authority and power provided to the City
Manager under the La Quinta Charter and Municipal Code, and in addition to
the powers conferred to the City Manager as the emergency corps
commander under La Quinta Municipal Code Section 2.20.090, the City
Manager shall have the authority to exercise any of the following powers
that are related to addressing the Local Emergency:
(A) Promulgate and issue executive orders necessary to immediately
provide for the protection of life and property in response to the
Local Emergency, including but not limited to any executive orders
based upon guidelines issued by any federal, state, or county
agency, which executive orders shall be given widespread publicity
and notice; and
(B) Serve as the authorized representative of the City of La Quinta for
the purpose of requesting, receiving, processing, and coordinating
all inquiries and requirements necessary to obtain available county,
state, and federal assistance, including but not limited to any
coordination and financial assistance available under Health and
Safety Code Section 101085, subdivision (b); and
(C) Negotiate and execute any agreements or other documents
necessary or proper for the receipt of any county, state, federal, or
private financial assistance, including but not limited to no or low-
interest loans or grants, without the requirement to obtain City
Council approval prior to executing those agreements or documents
if exigent circumstances require as much, and subject to
notification to the City Council no later than its next meeting; and
(D) Request, or designate specified city officials who may request,
assistance from the Riverside County Sheriff and the Chief of Police,
pursuant to Government Code Sections 26602 and 41601, and
Health and Safety Code Section 101029, to ensure compliance with
any ordinance, resolution, or orders issued by the city in response
to the Local Emergency.
SECTION 9. This Resolution, and the powers, duties, response efforts,
and immunities available by its adoption, shall remain in place for as long as
the Local Emergency exists and until determined to be terminated by the
City Council, unless otherwise this Resolution is terminated by operation of
state law that is no longer waived or suspended by the Governor of
California.