HomeMy WebLinkAbout7/7/2020 Item A, JohnsonCity of San Luis Obispo, Council Memorandum
Council Agenda Correspondence
Date: July 2, 2020
TO: Mayor and Council
FROM: Derek Johnson, City Manager / Emergency Services Director
SUBJECT: Item A - Receive an Update from the Emergency Services Director and Provide
COVID-19 Related Direction Based on Current Status
Section 2.24.060 of the Municipal Code empowers the Emergency Services Director, in the event
of the proclamation of a "local emergency" to make and issue rules and regulations on matters
reasonably related to the protection of life and property as affected by such emergency. On July 1,
2020, City Manager acting as the Emergency Services Director, issued an emergency proclamation
to take additional action to protect the community in response to the rapidly rising cases of
COVID-19 in city, county and the surrounding counties by placing temporary restrictions on bars
throughout the city.
Effective 10:00 p.m. on Thursday, July 2 through Monday, July 6, all bars, pubs, breweries, wine
tasting venues, and other on-sale alcohol establishments in the City of San Luis Obispo must close
temporarily. On Monday, all these establishments can reopen at 25 percent occupancy and must
follow all State and County health and safety measures. Restaurants are exempt and an
interpretation was made to allow wineries to operate if patrons were served outside.
Attached, please find a Resolution for the City Council’s consideration to affirm the actions of the
Emergency Services Director related to the closure of alcohol establishments.
R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AFFIRMING ACTIONS OF THE EMERGENCY
SERVICES DIRECTOR
WHEREAS, section 2.24.060 of the Municipal Code empowers the Emergency Services
Director, in the event of the proclamation of a "local emergency" as provided in this subsection,
the proclamation of a " state of emergency" by the Governor or the Director of the California
Emergency Management Agency, a " federal declaration of emergency" or the existence of a "state
of war emergency," to make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; provided, however, such rules and
regulations must be confirmed at the earliest practicable time by the City Council; 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 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, 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, 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
Resolution No. _____ (2020 Series) Page 2
R ______
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.
SECTION 2. A local emergency continues to exist throughout the City, and 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 Proclamati on
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 and directions.
SECTION 3. During the existence of said local emergency, the powers, functions, and
duties of the Emergency Services Director and the Emergency Organization of this C ity 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.
SECTION 4. The City Council hereby affirms the City of San Luis Obispo Emergency
Services Director’s Proclamation No. 3, issued July 1, 2020 (Attached hereto as Ex. A), related to
the closure of alcohol establishments
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.
Resolution No. _____ (2020 Series) Page 3
R ______
SECTION 6. 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 _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
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