HomeMy WebLinkAbout3/17/2020 Item B1, Johnson
Council Agenda Correspondence
City of San Luis Obispo, Council Memorandum
Date:March 13, 2020
TO:Mayor and Council
FROM: Teresa Purrington, City Clerk
VIA:Derek Johnson, City Manager DJ
SUBJECT:ITEM B1. CONSIDERATION OF DECLARING A LOCAL EMERGENCY
WITHIN THE CITY OF SAN LUIS OBISPO
Attached is the draft Resolution entitled “ARESOLUTION OFTHECITY COUNCILOF
THECITY OF SAN LUIS OBISPO, CALIFORNIA,PROCLAIMINGA LOCAL
EMERGENCYWITHIN THE CITY OF SAN LUIS OBISPORELATED TO
THEPANDEMICOF VIRUS KNOWN AS COVID-19.”Staff will provide a presentation
regarding this Resolution at the City Council meeting.
Attachment A –Draft Resolution
RESOLUTIONNO. _____(2020SERIES)
ARESOLUTION OF THE CITY COUNCILOF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA,PROCLAIMINGA LOCAL EMERGENCY
WITHIN THE CITY OF SAN LUIS OBISPORELATED TO THE
PANDEMIC OF VIRUS KNOWN AS COVID-19
WHEREAS,section 2.24.060 of the Municipal Code empowers the Emergency Services
Directorto 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
WHEREAS,section 2.24.020 of the Municipal Code includes an epidemic as one of the
proper grounds for proclaiming a local emergency; and
WHEREAS, the Governor of the State of California has proclaimedaState of Emergency
for the State of Californiaand issued Executive Orders directing measures to mitigate the spread
of cases of COVID-19 within the State of California;theSan Luis Obispo CountyEmergency
Services Directorhas proclaimed a local emergency; and the San Luis Obispo County Public
Health Director has declared a public health emergencyrelated the spreadof cases of COVID-19
within the State of California; and
WHEREAS,conditions of extreme peril to the safety of persons and property have arisen
within the City,caused by the risk of spread of the pandemic of the virus known as COVID-19
and the demands on public services to mitigate and respond to those risks, as described in the
Proclamation of a State of Emergency issued by Governor Newsom, which proclamation is
attached hereto as Exhibit1,and all recitals set forth in the Governor’sProclamation are included
as though fully set forth herein; and
WHEREAS,the conditions of extreme peril concerning the spread of COVID-19warrant
and necessitate the proclamation of the existence of a local emergency; and
WHEREAS,Governor Newsom has requested that all jurisdictions limit gatherings to 250
people or lessin order to mitigate against the spread of COVID-19;and
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
WHEREAS,City resources, in the absence of this declaration, could be severely impacted
in that the City’s Fire Department responds to health emergencies, and the Police Department will
have added emergency management duties, all such that the City of San Luis Obispo and its
neighboring jurisdictions are likely to requiremutual aid assistance; and
WHEREAS, in many other locations that are currently suffering an epidemic, testing has
showed that the virus has the ability to spread fastand result in serious illness or death to vulnerable
populations,including the elderly and those with underlying health conditions; and
R ______
ResolutionNo.______(2020Series)Page 2
WHEREAS,heightened levels of public health and safety planning and preparedness have
been necessitated in preparation for the emergence of confirmed cases of COVID-19 and
immediate action must be taken upon the first notice that the virus is present in the County of San
Luis Obispo,and rapid response not lending itself to otherwise applicable notice and approval
timelines is necessary torespond to the rapidly evolving pandemicand tomitigateagainst the
spread of COVID-19and its resulting public health and safety impacts; and
WHEREAS,in the absence of such actions,county wide health services may become
overwhelmed and unable tokeep up with medical demandfor care andavailability of hospital or
care facility capacity,
NOW, THEREFORE, BE IT RESOLVEDby the City Councilof the City of San Luis
Obispo that:
SECTION 1.Alocal emergency now exists throughout the City.
SECTION 2.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 of San Luis
Obispo Emergency Operations Plan, notwithstanding otherwise applicable procedures,timelines
ormethods of actionand the Emergency Services Director is expressly authorized to take any and
all actions in furtherance of emergency powers to address the local emergency.
SECTION 3. The Emergency Services Director is further expressly authorized tomake
any and all modifications to City paid leave policies as are deemed necessary to support continuity
of City services, including, but not limited to:the authorization of use of employee sick leave in
excess of otherwise applicable restrictions,to the extent necessary to allow for employees to care
for householdfamily membersor minor children requiring care as the result of the COVID-19
virus and related facilities closures; and the authorization ofpaid administrative leave tofacilitate
necessaryemployee quarantineperiods or medicallydirected treatment to prevent the transmission
or spread of the COVID-19 virus in the workplace.The Emergency Services Director may
promulgate guidelines and employee advisories as necessary to further define and implement any
modifications or paid leave time authorizations pursuant to this authorization.
SECTION 4.The proclamation of local emergency shall be deemed to continue to exist
until it is terminatedby the City Council of the City of San Luis Obispo pursuant to a resolution
adopted by the City Council of the City San Luis Obispo.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
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ResolutionNo.______(2020Series)Page 3
The foregoing Resolutionwas approvedthis _____ day of _____________________ 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, this ______ day of ______________,2020.
____________________________________
Teresa Purrington
City Clerk
R ______