An item on tonight's (May 5) Council agenda seeks Council approval to do that.

An agendizing memo by the City Attorney's office recites in pertinent part:

In an effort to mitigate the effects of COVID-19 within the City, the Long Beach Health Officer issued the Safer at Home Order for Control of COVID-19 ("Health Order") and revises said order from time to time as necessary for the public health. As such, it is vital to the public health and safety that the City is able to effectively enforce this Health Order and future orders during a local, state, or federal emergency. To bolster the City's ability to enforce the Health Order through the criminal process, and to thereby protect the health, safety, and welfare of those residing in, doing business in, or visiting the City of Long Beach during the rapid spread of COVID-19, the City Manager must promulgate the Health Order.

The proposed Ordinance would allow the City Manager to promulgate this Health Order and future orders relating to emergencies without requiring confirmation from the City Council, as such confirmation may not be practicable due to the many amendments these orders often require based on the rapid development of emergencies like COVID-19. The proposed Ordinance would also clearly deem violations of any such promulgated orders of the City Manager misdemeanors punishable by up to One Thousand Dollars ($1,000), by imprisonment not to exceed six months, or by both such fine and imprisonment, in accordance with Section 8665 of the California Government Code. However, as is generally the case in the LBMC, it will be in the sole discretion of the City Prosecutor to prosecute any such violation as a misdemeanor or an infraction.

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In response to an inquiry a little over a week ago by LBREPORT.com, the City Attorney's office took the position that the Council is constrained in its ability to modify/ease public health-related orders issued by city management's City Health Officer (who issued LB's current "Safer at Home" order.) LBREPORT.com coverage with previous City Attorney statement here.

The now-proposed "civil defense" ordinance change is scheduled for first-reading Council approval tonight (May 5) without (to our knowledge) previous public discussion by the City Council.

Developing.

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