I. RECOMMENDATION:
There is no staff recommendation. This was requested as a Future Agenda Item by Councilman Adkisson.
Councilman Adkisson has given direction for the City Attorney to file an amicus brief on behalf of the City declaring the Stay at Home Order unconstitutional.
II. BACKGROUND:
Governor Gavin Newsom has continued to extend the Stay at Home Order which requires non-essential businesses to remain closed and residents to shelter at home regardless of the number of active coronavirus cases in the region. The City of Coalinga has maintained a low amount of active coronavirus cases for the entirety of the pandemic. At the time of this staff report, the City is reported to have five (5) cases.
III. DISCUSSION:
There are several options for the City to request the stay home orders be lifted. One option is an amicus brief which is a legal document which allows a nonparty to file a brief in a case that contains information or arguments which the court might wish to consider. This brief would be filed into any specific case that is currently ongoing which requests the same relief that the City desires.
A second option would be to challenge the constitutionality of the orders directly by filing legal action against the Governor.
A less formal option would be to follow in the footsteps of other cities and send a letter to Governor Gavin Newsom requesting that the Order be lifted and the City of Coalinga be allowed to reopen with lower or no restrictions. Attached hereto are letters that other cities have prepared.
IV. ALTERNATIVES:
Alternatives to the three options above are to do a combination of the three, include other cities and agencies in one of the options above, or take no action.
V. FISCAL IMPACT:
Fiscal impact to the General Fund is approximately $600 unbudgeted. |