MEETING DATE: 7/21/2020
DEPARTMENT: HEALTH AND HUMAN SERVICES AGENCY
DEPT HEAD/DIRECTOR:
AGENDA ITEM PREPARER:
SBC DEPT FILE NUMBER: 130
SUBJECT:
HEALTH AND HUMAN SERVICES AGENCY - T. BELTON
Receive presentation and update from HHSA/Public Health Services on the respiratory disease coronavirus, also known as COVID-19. Adopt Urgency Ordinance Incorporating by Reference and Authorizing Civil Enforcement of State of California COVID-19 Emergency Orders, Directives and Guidance as Civil Infractions or Other Civil Enforcement. (4/5 vote) If urgency ordinance does not receive 4/5 vote, read title, waive further reading, accept introduction and continue to 8/4/20 meeting for adoption
SBC FILE NUMBER: 130
ORDINANCE NO: 1,010
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
San Benito County Public Health Services is responding to an outbreak of respiratory disease caused by a novel (new) coronavirus. The virus has been named "SARS-CoV-2" and the disease it causes has been named "coronavirus disease 2019" (abbreviated "COVID-19"). The update will focus on basic information and next steps in disease mitigation in the community.
Urgency Ordinance:
See attached Memorandum Re. Government Authority to Address COVID-19 Pandemic and Local Enforcement. State statutes for enforcement of Governor's Emergency Executive Orders and State and Local Public Health Officer Orders provide only for criminal misdemeanor enforcement requiring cooperation and resources of the independently elected sheriff and district attorney.
Under the County's Emergency Services Code provisions, Section 11.01.006 (A)(6)(a). the County can adopt emergency rules and regulations to address conditions arising under a declared state of emergency, or the County can adopt an urgency ordinance that would take immediate effect incorporating by reference COVID-19 State Executive Orders and Public Health Officer Orders, Directives and Guidance and the County Public Health Officer Orders, having the force of law as County ordinances subject to civil enforcement by other county officials. The proposed urgency ordinance is limited to the duration of the existence of the COVID-19 declared state of emergency. Civil enforcement would allow a broader range of enforcement options that help preserve law enforcement resources for more traditional criminal enforcement activities.
BUDGETED:
SBC BUDGET LINE ITEM NUMBER:
CURRENT FY COST:
STAFF RECOMMENDATION:
Receive presentation and update from HHSA/Public Health Services on the respiratory disease coronavirus, also known as COVID-19 and provide direction to staff.
Urgency Ordinance: (If desired, the Board may wish to give further direction regarding the schedule of infractions and fines that would apply.)
1. Read title for the record.
2. Make motion to accept introduction, waive formal reading and adopt an urgency ordinance authorizing civil enforcement of COVID-19 State Executive Orders and Public Health Officer Orders, Directives and Guidance having the force of law limited to the duration of the existence of the COVID-19 declared state of emergency.
Note: If urgency ordinance does not receive 4/5 vote, read title ordinance, waive further reading, accept introduction and continue to 8/4/20 meeting for adoption (3/5 vote).
ADDITIONAL PERSONNEL: