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HomeMy WebLinkAboutStaff Report 5.B 06/01/2020 Alternate ResolutionRESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA COMMENDING THE PETALUMA POLICE DEPARTMENT'S COMMITMENT TO ENFORCEMENT OF STATE AND LOCAL HEALTH ORDERS CONCERNING COVID-19 EMPHASIZING INFORMATION SHARING AND SUPPORT TO PETALUMA RESIDENTS AND BUSINESSES AND PURSUING ENFORCEMENT ONLY REGARDING COMMUNITY MEMBERS THAT REFUSE TO COMPLY TO PROTECT THE PUBLIC HEALTH AND SAFETY, DIRECTING THAT THE PETALUMA POLICE DEPARTMENT CONTINUE ITS IMPORTANT WORK PROTECTING LOCAL PUBLIC HEALTH AND SAFETY AND THE LOCAL ECONOMY, AND URGING ALL OTHER SONOMA COUNTY LAW ENFORCEMENT OFFICIALS TO CONTINUE TO ENFORCE STATE AND LOCAL HEALTH ORDERS CONCERNING COVID-19 CONSISTENT WITH ORDERS ISSUED BY GOVERNOR GAVIN NEWSOM PURSUANT TO THE EMERGENCY SERVICES ACT AND APPLICABLE LAW AND LAW ENFORCEMENT PERSONNEL'S SWORN DUTIES TO PROTECT THE HEALTH AND SAFETY OF SONOMA COUNTY RESIDENTS, SO AS TO KEEP THE SONOMA COUNTY COMMUNITY SAFE, AVOID LOSS OF LIFE, AND SUPPORT THE SAFE REOPENING OF SONOMA COUNTY BUSINESSES, SCHOOLS, GOVERNMENT AGENCIES, AND OTHER INSTUTIONS AND ORGANIZATIONS WHEREAS, according to the Center for Disease Control and Prevention (CDC), part of the U.S. Department of Health and Human Services: A. The CDC is responding to an outbreak of respiratory disease caused by a new corona virus first detected in China and which was subsequently detected in approximately 90 locations internationally, including the United States; and B. The new corona virus has been named "SARS-COV-2" and the disease it causes has been named "Coronavirus Disease 2019" (abbreviated as "COVID-19"); and C. On January 30, 2020, the Health Regulations Emergency Committee of the World Health Organization declared the COVID-19 outbreak to be a "public health emergency of international concern;" and D. On January 31, 2020, the U.S. Health and Human Services Secretary declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and E. Many patients at the COVID-19 outbreak epicenter in Wuhan, Hubei Province, China, had some link to a large seafood and live animal market, suggesting animal to person spread of the disease, while later, a growing number of patients reportedly did not have exposure to animal markets, indicating person to person spread, with person to person spread subsequently reported outside of Hubei and China, including in the United States, and with community spread of the virus also reported, meaning people becoming infected without it being known how or where they became infected, including in the United States; and WHEREAS, on March 2, 2020, the County of Sonoma declared a local Public Health Emergency as well as a Local Emergency to respond to COVID-19 to allow the County to prepare to respond to the possibility of community spread of COVID-19, and the County partially activated the County Emergency Operations Center to support necessary activities; and WHEREAS, on March 2, 2020, the Director of Emergency Services of the City of Santa Rosa proclaimed the existence of a local emergency throughout the City based on findings regarding the threat to the community health posed by COVID-19; and WHEREAS, on March 4, 2020, California Governor Gavin Newsom declare the existence of a state of emergency in California pursuant to the California Emergency Services Act and reported that as of that date, there were more than 94,000 cases of COVID-19 worldwide, resulting in more than 3,000 deaths of COVID-19 worldwide, with 129 confinned cases of COVID-19 in the U.S., including 53 in California; and WHEREAS, the Sonoma County Department of Health Services confirmed on March 5, 2020, a second presumptive positive case of COVID-19 in a resident who travelled internationally on the Grand Princes ship from San Francisco to Mexico, and that both Sonoma County patients were in isolation rooms at a local hospital; and WHEREAS, on March 5, 2020, the Director of Emergency Services for the City of Rohnert Park proclaimed the existence of a local emergency based on findings of peril to the safety of persons and property within the City; and WHEREAS, on March 9, 2020, Petaluma City Manager Peggy Flynn, in her capacity as the City's Emergency Services Director, proclaimed a local emergency pursuant to Government Code Section 8558(c) as a result of threats posed by COVID-19 to the health, safety and welfare of Petaluma residents and visitors and to continuity of services provided by the City, other local governments, businesses and non-profit organizations in the City, noting pursuant to Petaluma Municipal Code Section 2.32.060(F)(3) her authority to require emergency service of any City officer or employee, that in accordance with Petaluma Municipal Code section 2.32.090, all officers and employees of the City, along with volunteer forces and groups aiding during an emergency, may be charged with duties incident to the protection of life and property in the City during a proclaimed emergency, and that in accordance with Government Code Section 3100 all public employees are declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law, and in accordance with Government Code Section 8665, refusal or neglect to obey lawful orders issued to disaster service workers is a misdemeanor; and WHEREAS, on March 16, 2020, the Petaluma City Council adopted resolution No. 2020-040 N.C.S. ratifying the City Manager's Emergency Proclamation and stated on behalf of the City an intent to take all necessary and appropriate steps to protect the public health and safety and to avoid interrupted services of the City, other local government service providers, local businesses and nonprofit organizations, and to coordinate with Federal, state and local governments to deploy resources in a coordinate fashion to help minimize the threat posed by COVID-19; and WHEREAS, since adoption of the City's emergency proclamation, other local governments throughout the nation and national, state and local governments in other countries have issued emergency declarations in response to COVID-19; and WHEREAS, following the California State and Sonoma County emergency declarations, President Trump proclaimed on March 13, 2020, the existence of a national emergency due to COVID-19, and on March 18, 2020, the Sonoma County Health Officer issued Order C 19-03 requiring Sonoma County residents to shelter in place, subject to specified exceptions for providing and receiving essential services, and Governor Newsom issued a statewide sheltering order on March 19, 2020, with exceptions for maintaining continuity of the federal critical infrastructure sectors; and WHEREAS, since the initial state and Sonoma County shelter orders have been issued, both orders have been modified and additional orders have been issued to expand sheltering requirements, and more recently, to begin relaxing specified sheltering requirements to begin to permit business and other activities such as outdoor activities to resume, subject to public safety measures including social distancing, facial covering and other sanitation requirements necessary to prevent further spread of COVID-19; and WHEREAS, COVID-19 has continued to spread throughout the United States and Sonoma County, with deaths in the United States due to the virus now exceeding 100,000 lives lost, with 3 lives lost in Sonoma County, and currently 531 cases of COVID-19 in Sonoma County; and WHEREAS, in accordance with Governor Newsom's Executive Order N-25-20, all California residents are ordered to heed any ordinance and guidance of state and local public health officials, including but not limited to the imposition of social distancing measures to control the spread of COVID-19; and WHEREAS, in accordance with Health and Safety Code Section 101040, local health officers may take any preventive measure that may be necessary to protect and preserve the public health from any public health hazard during any state of emergency or local emergency as defined by Section 8558 of the Government Code within his or her jurisdiction; and WHEREAS, the Sonoma County Health Officer has requested the Sonoma County Sheriff and the Sonoma County Chiefs of Police to enforce her health orders concerning COVID-19 as necessary to protect the public health and safety; and WHEREAS, on Thursday. Mav 28, Sonoma County Sheriff Mark Essick posted a statement on social media statim that he and his departmcait will no loner cnforce the County's health order, and continues to hold that assertion to -date, which not only ieopardizes the health and safety of our community but undermines other law enforcement agencies who are enforcing the local order, including the Petaluma Police Department; and WHEREAS, the Petaluma Police Department, under the leadership of Chief Ken Savano have been active throughout the Petaluma community sharing information, answering questions and supporting community residents and business owners in complying with current health orders, and only pursuing enforcement action regarding community member that refuse to comply to protect the public health and safety; NOW, THEREFORE, be it resolved by the City Council of the City of Petaluma as follows: 1. The above recitals are hereby declared to be true and correct and are hereby incorporated into this resolution as findings of the City Council. 2. The Petaluma Police Department, and each Department member, under the leadership of Chief Ken Savano, are hereby commended for their efforts to share information, answer questions and support residents and business owners in the Petaluma community in complying with current health orders, and only pursuing enforcement action regarding community members that refuse to comply to protect the public health and safety. 3. The Petaluma Police Department, and each Department member, under the leadership of Chief Ken Savano are hereby directed to continue their important work protecting the local public health and safety and the local economy by assisting Petaluma residents and business owners in complying with current state and local health orders, pursuing enforcement action only as necessary regarding community members that refuse to comply as need to protect the public health and safety. 4. All other Sonoma County law enforcement officials are hereby urged to continue to enforce applicable state and local health orders concerning COVID-19 consistent with the orders issued by Governor Newsom pursuant to the Emergency Services Act and applicable law and law enforcement personnel's sworn duties to protect the health and safety of Sonoma County residents so as to keep the Sonoma County community safe, avoid loss of life, and support the safe reopening of Sonoma County businesses, schools, government agencies, and other institutions and organizations. The City Council denounces any decisions by local law enforcement officials, such as that recently announced on behalf of Sheriff Mark Essick, to not enforce local health orders, despite the related serious risk to the public health and safety and the economy, and despite the direction of Governor Newsom that all state and local health orders should be heeded. "1"lie City Cotzllcil requests that if Sheriff Essick continues to work separately front, and counter to, other Sonoma County lav enforcement nyencies who are committed to protcctin,u� the community from a resurunce of COV1D-19, that he consider steppii1,�Z o`vn from his position as Sonoma County Sheriff to allow for leadership that will be committed to unitini�9 not dividin,2 our County, especially during times of crisis.