HomeMy WebLinkAboutR-11131 proclaiming the continuing existence of a Local Emergency regarding the COVID-19 Pandemic and extending the life of Discretionary ApprovalsR 11131
RESOLUTION NO. 11131 (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 EXTENDING THE LIFE OF DISCRETIONARY
APPROVALS, BUILDING PERMIT APPLICATIONS AND CANNABIS
OPERATOR PERMITS TO MITIGATE ECONOMIC IMPACTS AND AID
IN ECONOMIC RECOVERY
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
has subsequently regularly reviewed said proclamation and proclaimed the continuation of local
emergency; 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 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 has issued subsequent orders permitting
phased re-opening and requiring continuing measures to mitigate 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, 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 is anticipated to continue to spread in response to phased re-
openings and significant heightened social interaction and group gatherings associated with recent
protest activity; and
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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, capital improvement project deferrals, and furloughs of temporary and supplemental
staff; 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, 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. Due to the severe economic impacts of COVID-19 and its economic impacts
on the community and the City organization and in order to prevent situations where developers
or contractors need to restart the discretionary review process or delay construction projects with
the need to reapply for permits or request individual extensions 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, the Council deems it necessary to take the following actions related to the
continuing existence of a local emergency and in support of economic recovery therefrom:
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1. Toll the expiration of all discretionary approvals covered by Municipal Code Section
17.104.070 from the declaration of the pandemic emergency (beginning March 17,
2020).
2. Automatically extend the life of all discretionary approvals covered by Municipal Code
Section 17.104.070 by one year after the termination of the declared local emergency.
3. Automatically extend the life of all active building permits applications by six months,
as authorized by California Building Code Section 105.3.2.
4. Extend the life of all commercial cannabis business operator permits by a fixed period
of six months from the original expiration date. If any operator’s permit currently
issued from the existing application period is not activated and expires or is deemed
abandoned at the conclusion of the period specified herein, the City shall open a
subsequent application period for any retail storefront permits available during which
applications from any previously qualified or permitted applicant may follow the
normal process to submit a new application, along with the applications of any new
applicants.
SECTION 4. All existing orders of the San Luis Obispo County Emergency Services
Director 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 5. 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 6. 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 and subsequent proclamations of continuing local emergency 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 7. 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 8. 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 Pease, 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 adopted this 16th day of June 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