- Elizabeth Larson
- Posted On
Supervisors don’t move forward with urgency ordinance to enforce COVID-19 health order
Following more than two hours of discussion between board members, with numerous community members weighing in during the virtual meeting, none of the supervisors were willing to make a motion to bring the draft ordinance to a vote.
As an urgency ordinance, it needed four of five supervisors to approve it.
The proposal had emerged during last week’s board meeting, when it was added as a special item, ultimately leading to the board’s direction to County Counsel Anita Grant that a draft ordinance be brought back.
The document’s key provisions included assigning county Code Enforcement Division staff to assist Public Health staff in education and outreach to businesses and the public and, if necessary, to administer fines for noncompliance.
The document can be seen below.
“This is a very rough draft ordinance,” Grant told the board, explaining that it was meant to use Code Enforcement to educate business and public to ensure compliance and provide a procedure for administrative fines.
During the meeting, there were sharp disagreements between board members, in particular, Board Chair Moke Simon, who asked that the matter be agendized, and Rob Brown, who listed his own objections with the proposal, from entering private property to what the actual fine amounts could be.
Brown has been vocal in his concerns over the ongoing negative impacts of county actions on local businesses.
He said the county is kicking people when they’re down. “They’ve been down for months because of our actions,” which he said were illegitimate in the first place.
Supervisor Bruno Sabatier said he’s gotten a lot of emails about the proposal, more for it than against. He said the county needed to find more ways to support business rather than knocking them down when they’re trying to get back up.
He said he felt Code Enforcement had more important duties – including vegetation management – and pointed out that some of the complaints about businesses the county has received have been bogus.
The county’s COVID-19 case numbers – at 34 on Tuesday – was for Sabatier a sign that the county is doing a good job in controlling the virus’ spread.
“Until those numbers reflect something more concerning, I just don’t think this is a viable option for us,” he said.
Supervisor Tina Scott said the draft ordinance was an attempt to keep ahead of a case surge.
“It’s looking like we’re going to have to have an outbreak in our community for people to wake up and maybe want to come back to this ordinance to be able to do the right thing. Maybe it’s just not real for people,” Scott said.
She said her husband has lost two family members who live on the East Coast to COVID-19. “It’s real to me.”
However, she said she didn’t want to vote on it Tuesday, explaining that she visited Mendocino County over the weekend and was shocked to see how differently people are behaving there than in Lake County.
“It’s just almost like we just don’t get it here, and it’s sad to see that,” Scott said.
Sabatier agreed that the timing wasn’t right, and that he would feel otherwise if the county had out-of-control deaths and hospitalizations.
“We have been led by being afraid of what could happen,” Sabatier said, adding that what is happening in New York isn’t what is happening in Lake County.
Brown, on the other hand, pushed for the board to vote on the document. “We need to make damn sure we kill this thing today.”
Simon, in response, said the proposed urgency ordinance was brought forward to protect public health and safety.
He said that over the next six to nine months the county will see the real impact of the pandemic. “Time will tell on the direction we’re moving.”
Simon added, “The ultimate goal is to be open and to stay open.”
Public divided over proposed ordinance
The board received numerous letters from the public in response to the draft documents. In addition, during public comment, the board heard input from people with a range of experiences, including those in the medical field to business people, arguing for and against the urgency ordinance.
Stephanie Pawha, a respiratory care practitioner, told the board, “The simplest damn thing is wearing a mask,” explaining the protective equipment she needs to wear every day to protect herself.
Lakeport resident Michael Green said by not approving the ordinance the board would be trampling on the rights of at-risk people and rewarding scofflaws, and that a reasonable enforcement process is needed.
Teresa Harborth said at her business, Pasquinelli’s Italian Deli and Coffee Shop in Lower Lake, they’re constantly washing their hands and using proper protocols, but they don’t require masking. She said that such punitive measures are economic sabotage and pushing the economy backward.
Big O Tires owner Denise Loustalot, the former mayor of Clearlake, told the board, “We have decisions to make because we have lives to save and business to save in our communities.”
Loustalot said she thought the ordinance is rough on businesses. While her business is enforcing masking and social distancing, she said some customers have pushed back and been rude. Getting fined for what customers won’t agree to do is “really, really tough.”
Brown pushed the board to vote on the ordinance, saying the public needed to know how the board felt about it. He suggested that Simon, who brought it to the board, could pass the gavel and make the motion himself.
But Simon demurred, saying he thought it was important for the board to have the discussion. “Do I think there needs to be some type of enforcement at some point? Yes.”
Supervisor EJ Crandell said passing the ordinance in rough draft form didn’t seem to be favorable and it would need a lot more work.
“Does that mean it’s coming back?” Brown asked.
Crandell said he would only be looking for changes to the rough draft as a deterrent to closing businesses, with no other board members offering additional comments on the topic before the discussion ended.
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