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R-11106 proclaiming the Continuing Existence of a local emergency regarding the COVID-19 Pandemic and imposing a city wide Safety Enhancement ZoneR 11106 RESOLUTION NO. 11106 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, PROCLAIMING THE CONTINUING EXISTENCE OF A LOCAL EMERGENCY REGARDING THE COVID-19 PANDEMIC AND IMPOSING A CITY WIDE SAFETY ENHANCEMENT ZONE AND ENHANCED PENALTIES UP TO $1000 FOR VIOLATION OF A PUBLIC HEALTH ORDER OR ANY VIOLATION SET FORTH IN CHAPTER 9.22 OF THE SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, section 2.24.060 of the Municipal Code empowers the Emergency Services Director to request that the City Council proclaim a local emergency when the City of San Luis Obispo is affected or likely to be affected by a public calamity and the City Council proclaimed a local emergency at its regular meeting on March 17, 2020 regarding the COVID-19 pandemic; and WHEREAS, the Secretary of Health and Human Services Director issued a Determination that a Public Health Emergency exists and has existed of January 27, 2020; and WHEREAS, the President of the United States has declared a State of National Emergency; the Governor of the State of California has proclaimed a State of Emergency for the State of California and issued Executive Orders and direction regarding measures to mitigate the spread of cases of COVID-19 within the State of California; the San Luis Obispo County Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County Public Health Director has declared a public health emergency related the spread of cases of COVID-19 within the State of California and all recitals set forth therein, are included as though fully set forth herein; and WHEREAS, on March 18, 2020: the City of San Luis Obispo Emergency Services Director issued Proclamation No. 2 related to the closure of alcohol establishments and limitations on dine-in service for restaurants and other food and beverage establishments; and the San Luis Obispo County Emergency Services Director issued Local Emergency Order and Regulation Nos. 3 and 4 providing for suspension of commencement of evictions related to COVID-19 and mandatory shelter at home regulations, respectively; and WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20, including the Order of the State Public Health Officer mandating all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19 ; WHEREAS, the City of San Luis Obispo will be required to help enforce all restrictions imposed by the State of California and by the County of San Luis Obispo acting as the health agency; and Resolution No. 11106 (2020 Series) Page 2 R 11106 WHEREAS, the County Emergency Services Director and Public Health Officer have evaluated the continuing public health need for the mandatory shelter at home Order and related actions and determined that there is a continuing need to maintain Regulation No. 4 in place in order to mitigate the continuing spread of the COVID-19 pandemic within the County; and WHEREAS, in accordance with the Governor’s Executive Order N-28-20 and San Luis Obispo County’s Local Emergency Orders and Regulations Nos. 3 and 4, there remains an urgent need to issue limitations on the authority of landlords to commence evictions of tenants within the jurisdiction of the City in order to protect the health, safety and welfare citizens within the jurisdiction of the City in light of the proclaimed State and local emergency and the declared local public health emergency regarding the COVID-19 pandemic; WHEREAS, the pandemic COVID-19 continues to spread rapidly worldwide and in the U.S., continuing to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions; and WHEREAS, heightened levels of public health and safety planning and preparedness have been necessitated in preparation for and response to confirmed cases of COVID-19 in the County of San Luis Obispo, and rapid response not lending itself to otherwise applicable notice and approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and to mitigate against the spread of COVID-19 and its resulting public health and safety impacts; and WHEREAS, the Council previously added Chapter 9.22 to the Municipal Code designating specific geographical areas as safety enhancement zones during specified times, and imposed double fines for violations of the Municipal Code in those zones and times, in order to protect the public health, welfare and safety; and WHEREAS, Section 9.22.040 B of that chapter designated the entire area within the city limits of San Luis Obispo as a safety enhancement zone from 12:01 a.m. on March 17th (St. Patrick’ s Day) until seven a.m. on March 18th of each year; and WHEREAS, Section 9.22.010 provides that “[t]he city council may by ordinance, or by resolution upon a finding that there is a need to take immediate action to protect the public health, safety and welfare, designate a specific geographical area as a “safety enhancement zone” and specify the date and/or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of the San Luis Obispo Municipal Code.” WHEREAS, persons congregating in groups in violation of any lawful public health or emergency order and/or engaging in the behaviors prohibited in Section 9.22.020B pose a direct health and public safety threat by increasing the risk of spread of COVID-19, which presents a need for immediate action; and Resolution No. 11106 (2020 Series) Page 3 R 11106 WHEREAS, the immediate threat to public health would be reduced by enhanced penalties for violations and it is in the interest of public health and safety to designate a “safety enhancement zone” throughout the jurisdictional boundaries of the City of San Luis Obispo, during all days and times during which any proclamation of local emergency and/or shelter at home order is in effect in the City or County of San Luis Obispo, specifically, double fines for violations of the Municipal Code, and by the imposition of immediate fines not to exceed $1000 for violation of any public health order, in the City and at all such times, in order to protect the public health, welfare ,and safety and discourage groups of individuals engaging in behaviors, inconsistent with physical distancing regulations, which increase the risk of the spread of COVID-19; and WHEREAS, in the absence of such actions, County wide health services may become overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity; and WHEREAS, Article 14, Section 8630, of the California Emergency Services Act requires that the City Council review the need for continuing the Local Emergency at least every sixty (60) days until such Local Emergency is terminated. NOW, THEREFORE, BE IT PROCLAIMED AND RESOLVED by the City Council of the City of San Luis Obispo that: SECTION 1. All recitals set forth above, and all recitals included in support of Federal, State and County actions referenced herein, are adopted as though fully set forth herein as findings in support of this Resolution; and SECTION 2. A local emergency continues to exist throughout the City resulting from the condition of extreme peril related to the pandemic of COVID-19, which is still deemed to be beyond the control of normal protective service, personnel, equipment, and facilities of and within the City; and SECTION 3. The City has been undertaking, and will continue through cessation of this emergency to undertake, necessary measures and incur necessary costs, which are directly related to the prevention of the spread of the COVID-19 Virus and are taken in furtherance of: the Secretary of Health and Human Services Secretary’s determination that a public health emergency has existed since January 27, 2020; City Council’s Proclamation of Local Emergency on March 17, 2020; the Governor’s Proclamation of a State of Emergency on March 4, 2020; the President of the United States’ Declaration of a National Emergency on March 13, 2020; the County Emergency Services Director’s Proclamation of Local Emergency and the County Public Health Director’s Declaration of a Public Health Emergency on March 13, 2020, and related orders, regulations and directions. Resolution No. 11106 (2020 Series) Page 4 R 11106 SECTION 4. During the existence of said local emergency, the powers, functions, and duties of the Emergency Services Director and the Emergency Organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City and by the City o f San Luis Obispo Emergency Operations Plan, notwithstanding otherwise applicable procedures, timelines or methods of action and the Emergency Services Director is expressly authorized to take any and all actions in furtherance of emergency powers to address the local emergency. SECTION 5. The period of Local Emergency is expressly extended until April 30, 2020, and shall be deemed to continue to exist, and along with all other actions previously acknowledged and declared to be enforceable within the City pursuant to State and Local Emergency orders, the Proclamation of Local Emergency adopted by the City Council on March 17, 2020, shall continue until terminated by the City Council of the City of San Luis Obispo or its Emergency Services Director. SECTION 6. Pursuant to Chapter 9.22 of the Municipal Code, a city wide safety enhancement zone shall be in effect at all days and times for the entire City of San Luis Obispo for the period that a local emergency or shelter at home order regarding COVID-19 is effect and all violations specified in Section 9.22.020B and any violation of any public health order shall be subject to an immediate fine not to exceed one thousand dollars. Resolution No. 11106 (2020 Series) Page 5 R 11106 SECTION 7. A copy of this Resolution shall be posted on all outside public access doors of City Hall of the City of San Luis Obispo and in one public place within any area of the City within which this Resolution applies and personnel of the City of San Luis Obispo shall endeavor to make copies of this order and regulation available to the news media. Upon motion of Council Member Christianson, seconded by Council Member Stewart, and on the following roll call vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None The foregoing Resolution was approved this 7th day of April 2020. ____________________________________ Heidi Harmon, Mayor ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on _______________________. ____________________________________ Teresa Purrington City Clerk