HomeMy WebLinkAboutR-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
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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
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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.
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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.
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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