HomeMy WebLinkAboutR-11116 proclaiming the continuing existence of a local emergency regarding the COVID-19 Pandemic and suspending enforcement of certain city codesR 11116
RESOLUTION NO. 11116 (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 SUSPENDING ENFORCEMENT OF CERTAIN CITY
CODES TO SUPPORT PUBLIC HEALTH ORDERS AND PUBLIC
COMMUNICATION AND TO MITIGATE ECONOMIC IMPACTS
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
proclaimed the continuation of local emergency at its regular meeting of April 7, 2020; 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 San Luis Obispo County Emergency Services
Director issued Local Emergency Order and Regulation No. 4 providing for mandatory shelter at
home regulations; 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; 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, 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 and related
actions in place in order to mitigate the continuing spread of the COVID-19 pandemic within the
County; and
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WHEREAS, the pandemic COVID-19 continues to spread 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
its related, and to mitigate against the spread or resurgence of COVID-19 and its resulting mental
and physical health, social, and economic impacts, compromising the public health and safety; and
WHEREAS, in the absence of such actions, an escalation of the spread remains an
imminent threat and 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, the pandemic and necessary federal, state and local public health orders
requiring social distancing to prevent spread of COVID-19 have had and will continue to have
devastating economic impacts on the local community, including residents, businesses, employees
and City operations; and
WHEREAS, the City has instituted its Fiscal Health Contingency Plan in order to mitigate
against economic impacts of emergency response costs and significant revenue reductions and has
made drastic reductions to current and projected city costs through reductions in purchasing, limits
on hiring, and furloughs of temporary and supplemental staff; and
WHEREAS, due to the severe economic impacts of COVID-19 and its economic impacts
on the community and the City organization, the Council deems it necessary to suspend
enforcement of certain provisions of the City of San Luis Obispo Municipal Code specified below
to support social distancing requirements, effective public communication related to rapidly
transitioning business re-opening status, and economic viability of businesses in adhering to
permitted opening and social distancing requirements; 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
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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, absent continuation of
preventative measures, and in the absence of a vaccine, is still deemed to be beyond the control of
normal protective service, personnel, equipment, and facilities of and within the City; and
SECTION 3. San Luis Obispo County Emergency Services Director Orders 3 and 4,
establishing regulations for the suspension of commencement of evictions and mandatory shelter
at home regulations, respectively, as currently in effect and as subsequently clarified, amended,
modified or superseded by subsequent action or order of the County Emergency Services Director,
the County Public Health Officer, and/or the County Board of Supervisors, are hereby expressly
acknowledged and declared to be enforceable within the City of San Luis Obispo as if directly
enacted by the City Council pursuant to San Luis Obispo Municipal Code Chapter 2.24 and shall
be enforceable under Municipal Code 2.24.100 until such time as terminated by the issuing
authority.
SECTION 4. The proclamation of local emergency shall be deemed to continue to exist
until it is terminated by 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 or its Emergency Services Director.
SECTION 5. Limited Code Enforcement Suspension. In order to facilitate business
compliance with shelter at home and social distancing requirements, to enhance public
understanding of open businesses, and to focus limited staff resources on supporting the effective
implementation of COVID-19 public health and safety compliance measures for the protection of
employees and customers of businesses within the City, and enforcement of the highest priority
provisions for the protection of the general health and safety of the community, enforcement of
the following sections of the San Luis Obispo Municipal Code, shall be suspended until such time
as stay at home and social distancing orders or guidance issued by the County Public Health Officer
are terminated, subject to the limitations set forth in Section 6 of this Resolution:
A. Sign Regulations
1. Sections 15.40.200 (Exempt Signs), subsections H (Temporary Window Signs) and
L (Temporary Signs in Non-Residential zones).
2. Section 15.40.300 (Prohibited Sign Types), subsection B (Banner signs)
3. Section 15.40.470 (Sign Standards by Sign Type), subsection I. [A-Frame
(Sandwich Board) Signs].
4. For the time period specified above, any permitting requirements for the types of
signs specified in this Resolution, as set forth in Section 15.40.500 of the Sign
Regulations herein also shall be suspended.
B. Parking Regulations (as to uses and activities on private properties only)
1. Section 17.72.020 A (Requirements by Type of Use)
2. Section 17.72.020 C (Parking Calculations), as applied to existing uses only, and
only to expressly exclude any temporary use of space on private property for social
distancing purposes during the period of suspension from parking calculations
requirements for the property.
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SECTION 6. Continuing Enforcement of Conditions or Activities Posing a Threat to
Public Health, Safety or Welfare; Continued Enforcement of Permit Requirements for Electrical,
Plumbing, or Structural Components or Appurtenances and Encroachments into Public Right of
Way. Nothing herein is intended to or shall be deemed to relieve any person from the obligation
to obtain, or prohibit code enforcement for failure to obtain, any permits that would otherwise be
required under state law, the San Luis Obispo Municipal Code, or building and safety codes
adopted thereunder, including but not limited to:
A. Permits otherwise required for electrical, plumbing, or structural work performed
within the City.
B. Encroachment permits required for activities within the public right of way, which may
be issued at no cost by the City to facilitate physical distancing and the reopening of
businesses.
Further, nothing herein is intended to or shall permit or allow the erection of any permanent
structure or improvement, the placement of any temporary structure or improvement in violation
of any state or federal accessibility law, including the Americans With Disabilities Act, or prohibit
or suspend code enforcement action deemed necessary by the Chief Building Official, or any other
authorized enforcement official of the City, to remedy or abate: a dangerous condition or activity;
any activity presenting an imminent threat of harm to the health, safety or welfare of the
community; any violation of state or federal accessibility law; or any unauthorized activity in the
public right of way.
SECTION 7. Enforcement of Section 8.14.030 of the San Luis Obispo Municipal Code
(Requirement for tobacco retailer license), to the limited extent amended by Ordinance 1676 (2020
Series) related to prohibition of the sale of distribution of Electronic Smoking Devices, shall be
suspended until September 1, 2020 and shall re-commence as provided in Chapter 8.14, without
the need for further action, at 12:01 a.m. on September 2, 2020.
SECTION 8. The City has been undertaking, and will continue through cessation of this
emergency to undertake, necessary measures and incur necessary and extraordinary 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.
SECTION 9. 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
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.
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SECTION 10. 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 Pease, seconded by Council Member Christianson, and
on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, and Vice Mayor Gomez
NOES: Mayor Harmon
ABSENT: None
The foregoing Resolution was approved this 8th day of May 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