MEETING DATE: 1/12/2021
DEPARTMENT: HEALTH AND HUMAN SERVICES AGENCY
DEPT HEAD/DIRECTOR:
AGENDA ITEM PREPARER: Dulce Alonso
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; receive update on COVID-19 CARES ACT Budget and the General Fund Emergency funds update, discus programs, and provide staff direction. Discuss Enforcement and provide staff direction on future enforcement of public health orders, including future agenda items or future meeting dates. Provide staff direction on the Great Plates program, COVID-19 Testing and any funding to be contributed by San Benito County; second round of Business Grants and total amount; Delegate Authority to CAO or designee to take all necessary steps including budget amendments (increased appropriations-4/5 vote), to the Disaster Recovery Budget Unit in the General Fund to execute the COVID-19 programing as designated by the Board, in an amount not to exceed $1,000,000; Delegate Authority to CAO to approve and execute contracts or purchase orders for goods and services over $50,000 with the ad-hoc members' approval and subject to County Counsel's review; and Authorize waiver of the County's competitive purchase process for personal property and services, with consent from ad-hoc members, for expeditious use of disaster relief fund to address the Public Health and Public Safety Impacts Of COVID-19.
SBC FILE NUMBER: 130
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
COVID-19
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,vaccine, and next steps in disease mitigation in the community.
Corona Virus Relief Fund
Through the Corona-virus Relief Fund, $150 billion nationally were allocated to Corona-virus Relief Fund. The State of California has issued San Benito County's share is $6,357,000 to be spent on necessary expenditures incurred due to the public health emergency.
The CARES Act requires that the payments from the Corona-virus Relief Fund only be used for:
1. Are necessary expenditures incurred due to the public health emergency concerning the Corona-virus Disease 2019 (COVID–19);
2. Not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and
3. Expenditures incurred during the period beginning on March 1, 2020, and ending on December 30, 2020.
In December 2020, Congress passed, and the president signed into law, Coronavirus Response and Relief Supplemental Appropriations Act (Sec. 1001), includes an extension of the date for state and local governments to spend the CARES Act Coronavirus Relief Fund awards from December 30, 2020, to December 31, 2021. For additional information, the legislative analysis summary of the bill can be found through the following link: https://www.gfoa.org/flc-december-covid-relief-analysis
CAO Delegation of Authority
On September 8, 2020, the Board of Supervisors Authorized the CAO to take all necessary steps to execute grant acceptance of the CARES Act with the ad-hoc committee's approval. Authorize waiver of the County's competitive purchase process for personal property and services, with consent from ad-hoc members, to allow for the expeditious use of CARES Act funds to address the Public Health and Public Safety Impacts Of COVID-19. Delegated authority to CAO to execute any necessary grant documents, programs, or activities related to grant funding, subject to County Counsel review of any grant agreements/contracts. Delegated Authority to CAO to approve and execute contracts or purchase orders for goods and services over $50,000 with the ad-hoc members' approval and subject to County Counsel's review.
CARES ACT Programing
Since September 8, 2020, the County Administration team has worked with many partners to support our local County, including the Chamber of Commerce, Community Food Bank, United Way, Work Force Development Board, Community Action Board, Health and Human Services. Approximately $2.5 million has been spent supporting local businesses and non-profits; $1.3 million has been expended on Community relief programs, including public assistance programs, mask initiative, and great plates program. The remaining $2.5 million have supported County operation and include Information technology expenses, supporting the November 2020 election, and other county functions.
Disaster Reserve Funds
During the public hearings for the FY20/21 Adopted Budget the San Benito County Board of Supervisors reestablished a $1 million Disaster Recovery Reserve in the general fund. The purpose of the reserve is to have available funds in the event of a local disaster for response and recovery costs. The Board may elect to divert funds from the Disaster Recovery Reserve to respond to a declared local health emergency.
Statewide 2021 Program
California Small Business COVID-19 Relief Grant.
The first round of applications closes on January 13, 2020, for the California Small Business COVID-19 Relief Grant. $475 million of funding administered by the California Office of the Small Business Advocate will be distributed in two rounds for small business relief. To apply and get additional information, visit: https://careliefgrant.com/
The State will be conducting two rounds of applications. The amount of grant funding ranges from $5,000 to $25,000. Businesses are eligible based on their annual revenue as documented in their most recent tax return:
Eligible Businesses Annual Revenue
|
Grant Amount Available Per Business
|
$1,000 to $100,000
|
$5,000
|
Greater than $100,000 up to $1,000,000
|
$15,000
|
Greater than $1,000,000 up to $2,500,000
|
$25,000
|
Great Plates
The Federal Emergency Management Agency (FEMA) Public Assistance (PA) program has authorized the Great Plates Delivered program through February 6, 2021. The purpose of the new Great Plates Delivered program is twofold:
- Help seniors and other adults at high risk from COVID-19 to stay home and stay healthy by delivering three nutritious meals a day, and
2. To stimulate the local economy by supporting local restaurants and other food providers/agricultural workers struggling to stay afloat during the COVID-19.
The County will partner with the local San Benito County Chamber of Commerce to assist with the program's administration if the Board elects to continue the programming.
2021 Programing options
Round two of Business grants:
The County has expended $1,535,000 of CARES ACTs, a local business grant to help local businesses mitigate the impact of COVID-19 in one-time funds. This program's objective was to offer immediate financial assistance to small businesses located in the County of San Benito. A potential funding avenue may be the Disaster Reserve Fund.
COVID19 Testing:
CompuServe currently provides free COVID-19 testing at Veterans Memorial Building. Operating Sunday -Thursday from 7:00-7:00 p.m. Hazel Hawkins Memorial Hospital provides COVID-19 testing at the local site, for a cost. The County supported Hazel Hawkins Memorial Hospital with $200,000 to expand testing capabilities.
COVID Enforcement Ordinances
San Benito County
The Board has considered two separate types of enforcement ordinances:
1) A General Enforcement Ordinance (Exhibit “A” - Not approved)
On July 21, 2020, the County considered a draft urgency ordinance, authorizing administrative penalties and civil penalties for any violations of the California and San Benito Public Health Orders. The proposed ordinance prohibited any violation of:
· Any orders issued by the State Public Health Officer
· State Guidance documents
· County Public Health Orders
· Any site specific protocol completed as required by state and local law
The penalties proposed were as follows:
· Non-Commercial ($25 to $500)
· Commercial activity ($250-10,000)
The factors in determining the fine amount were set forth as follows
The ordinance provided for criminal penalties for:
· Obstructing an enforcement or hearing officer
· Making false statements to an Enforcement Officer or a Hearing Officer
The ordinance provided standing authority to pursue civil action to enjoin any violation.
Lastly, the ordinance for a grace period to cure violations which could be corrected.
2. A face covering ordinance was considered by the Board on August 4, 2020. (Exhibit “B”-not approved)
This ordinance would have allowed administrative citations for violation of any health order/public health guidance which required the wearing a mask or facial covering
· Only enforceable in the unincorporated area of the County
· Ordinance required first violation to be provided a written warning.
· Fines would be as set forth in Chapter 1.04 of the County Code.
· Repeated violations could have been treated as a criminal infraction.
The ordinance provided for criminal penalties for:
· obstructing an enforcement or hearing officer
· Making false statements to an Enforcement Officer or a Hearing Officer
The ordinance provided standing authority to pursue civil action to enjoin any violation of the ordinance (face coverings).
CITY OF SAN JUAN BAUTISTA (Exhibit “C” – approved.)
On or about August 18, 2020, the city of San Juan Bautista became the first city in San Benito County adopting an ordinance related to covid-enforcement which would allow the City to enforce:
· CDPH Guidance
· Provisions of Regional Stay at Home Orders
Violations subject to administrative citations/fines of $100 (first offense),$250 (second offense) and $500.00 (third offense)
Violations are also declared to be a public nuisance. Any individual or business cited as a public nuisance for violating the Regional Stay at Home Order subject to a fine of $1,000 per day.
Also allows revocation of business license of any individual or business cited as a public nuisance for violating the Regional Stay at Home Order.
CITY OF HOLLISTER (Exhibit “D”-approved and “E”-not approved.)
1. Face Covering Ordinance which was approved. (Exhibit “D”)
On or about September 21, 2020, the City of Hollister adopted an ordinance for enforcement of facial coverings, with a maximum fine of $100 (which referenced the California Department Public Health’s June 18, 2020 Guidance for the Use of Face Coverings”)
2. Exhibit “E”- provided for revocation process for Business Licenses for COVID violations – Not Approved
On December 17, 2020, the City of Hollister considered a broader COVID enforcement ordinance, with maximum penalties of $1,000/day, and revocation of the business license of any business operating in violation of the ordinance and operating as a public nuisance, but that ordinance was not adopted.
In Summary, the City of Hollister has a Facial Covering Ordinance (Exhibit ‘D”) and the City of San Juan Bautista has a broader ordinance allowing general Covid Enforcement (Exhibit “C”)
VARIOUS MECHANISMS TO ENFORCE THE STATE ORDERS AND GUIDANCE:
I. ORDINANCE
A. Types of Ordinances
o Face Covering Ordinance
o Covid Enforcement Ordinance (Making violations subject to Administrative Citations)
o Amending County’s Business License Ordinance to Require Compliance with State Laws, and a revocation process for non-compliance of all or a portion of the State Laws/Guidance/Orders relating to COVID-
Then what?--- After revocation of Business License, if the Business still operates, the County then potentially would need to issue administrative fines, or pursue civil action
B. Jurisdiction of Ordinances
o County-wide: An ordinance may be adopted by the County on a County-wide basis. Many COVID ordinances throughout the State have been drafted in this manner, on a County-wide basis (examples below); OR
o An ordinance may be adopted by the County only for the unincorporated territory; OR
o An ordinance may be adopted by a City; (examples throughout the State); OR
o An ordinance may be adopted on a County-wide basis, but enforcement deferred to the City. An example would be the below authorizing language, authorizing Local Police officers to enforce the ordinance. The ordinance could be modified indicating that within the City limits, the “Enforcing Officer” shall be local police, or other persons designated by the City Manager, or City Council, and not County enforcement officers.
C. Enforcement. An ordinance adopted by San Benito County could be enforced by Code Enforcement, the Sheriff’s Office, local police (in the incorporated city), or any other person designated by the Board of Supervisors, or City Council (in the incorporated cities). Likely in the County, most of the enforcement would occur through Code Enforcement Officers.
II. CIVIL ACTION/CIVIL INJUNCTION
Action taken by County Counsel in the San Benito County Superior Court to obtain an injunction consistent with State orders/guidance. Litigation authority may be granted on a case by case basis, or a blanket authorization may be issued, similar to the below.
III. ADMINISTRATIVE:
A. Revocation of Business License (after an ordinance has been adopted which authorizing revocation. Currently, our ordinance would not support revocation without modification. Revocation would involve an administrative hearing.
After revocation, if the business does not voluntarily cease operations, the County likely would be faced with taking further action:
a) Administrative Fines for operating without a Business License
b) Civil Action
B. Administrative Citations (after an ordinance has been adopted) enforcing any of the following:
a) Facial Covering
b) All COVID orders/guidance
c) Other specific State Orders/health guidance
C. Revocation of Health Permit
113810. Imminent health hazard- a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that can cause FOOD infection, FOOD intoxication, disease transmission, VERMIN INFESTATION, or HAZARDOUS condition that requires immediate correction or cessation of operation to prevent injury, illness, or death
114409. (a) If any imminent health hazard is found, unless the hazard is immediately corrected, an enforcement officer may temporarily suspend the permit and order the food facility or cottage food operation immediately closed.
Our current ordinance reads as follows:
If it is determined by the county’s Health Officer, following any investigation or inspection of a restaurant or food establishment that the operator, owner or manager thereof has not complied with the provisions of this chapter or with the laws of the state, the Health Officer may, in his or her discretion, immediately suspend and seize the permit issued to operate the restaurant or food establishment. Any owner, operator or manager of a restaurant or food establishment whose permit has been suspended and seized shall have a reasonable time within which to correct the violations of this chapter or of the laws of the state leading to the suspension and seizure, and if the corrections are not made within a reasonable time not to exceed 120 days, the Health Officer shall revoke the permit.
(After suspension of health permit if the business still operates, the County would then potentially need to pursue civil action.)
IV. UNFAIR BUSINESS PRACTICE LITIGATION
An unfair business action is prosecuted under B&P Code 17200 which defines “unfair competition” to include “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.” This is another type of civil action, which allows for a Court to grant specific relief, including an injunctive order.
The actions may be prosecuted by the following:
Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition.
Therefore, the State through the Attorney General has ability to bring such actions in the name of the State of California. The District Attorney may bring such actions, even those not related to violations of County Ordinance. Lastly, County Counsel (with DA approval) could bring an action based on a violation of County Ordinance.
California Courts have states that an “unfair” business practice is one that offends an established public policy, or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injures to consumers.
In SBC, the District Attorney would be willing to deputize a County Counsel to pursue a B&P 17200 case in appropriate circumstances.
IV. USE OF STATE AGENCIES
A. CAL-OSHA – Some counties refer complaints to Cal-OSHA when the health of an employee of a local business are at risk. One county makes it a practice to refer complaints to State agencies.
B. Department of Alcoholic Beverage Control - The Department of Alcohol and Beverage Control has been using its authority to enforce the State Orders with businesses with liquor licenses.
V. (Not available to the County- but one city has used its water connections has a way to gain compliance.)
VALUES / PRINCIPLES / THINGS TO CONSIDER
PRIOR TO ADOPTING AN ORDINANCE
Consideration and ranking of different competing values will affect how an ordinance is developed. Some values that are impacted by the COVID:
· Protection of public health
· Cost of enforcement
· Public perspective
· Consistency between jurisdictions (City of Hollister and City of San Juan Bautista)
· Effectiveness
· Other- as determined by the Board
STRATEGIC PLAN GOALS:
BUDGETED: