HomeMy WebLinkAboutAmendment Item A - Receive an update from the Emergency Services Director and affirm ESD Proclamation No. 5Amendment Item A
O Council Agenda/ /
car-s -o�
Department Name: Administration
Cost Center:
1001
For Agenda of:
August 18, 2020
Placement:
Business
Estimated Time:
20 Minutes
FROM: Derek Johnson, City Manager / Emergency Services Director
Prepared By: Victoria Tonikian, Interim Executive Assistant to the City Manager/Fiscal Officer
SUBJECT: RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR
AND PROVIDE COVID-19 RELATED DIRECTION BASED ON CURRENT
STATUS
RECOMMENDATION
1. Receive an update from the Emergency Services Director related to COVID-19; and
2. Adopt a Resolution (Attachment A) affirming the Emergency Services Director's August 7,
2020 Proclamation No. 5, suspending the conditional use permits and other requirements for
the establishment or expansion of safe parking programs within the City of San Luis Obispo.
DISCUSSION
Background
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 August 7, 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 the city, county and surrounding counties by suspending
conditional use permit and other requirements for the establishment or expansion of safe parking
programs within the City of San Luis Obispo.
Effective Friday, August 7, 2020 and upon affirmation of the Disaster Council, the Community
Development Director is authorized to administratively allow for the temporary expansion or
establishment and operation of Safe Parking locations throughout the City of San Luis Obispo at
locations authorized by the Emergency Services Director. Requirements for both temporary
emergency expansion of the 40 Prado Road Safe Parking Program and establishment of new Safe
Parking Locations are located in Exhibit A of Attachment A.
Policy Context
Section 17.86.230 provides details of the requirements and process for expanding and permitting
safe parking locations.
Amendment Item A
Environmental
There are no projected environmental impacts associated with the temporary expansion of the
safe parking program to existing lots and the permit process will analyze longer term impacts
associated with any expansion.
Financial
The City Council allocated $30,000 in CARES Act funding to expand safe parking programs and
the City is negotiating with CAPSLO to administer new sites.
Amendment Item A
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.
that:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
IIM
Amendment Item A
Resolution No. (2020 Series) Page 2
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 o£ 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 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 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.
SECTION 4. The City Council hereby affirms the City of San Luis Obispo Emergency
Services Director's Proclamation No. 5, issued August 7, 2020 (Attached hereto as Ex. A), related
to the suspension of conditional use permits and other requirements for the establishment or
expansion of safe parking programs within the City of San Luis Obispo.
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.
91
Amendment Item A
Resolution No. (2020 Series) Page 3
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 Council Member
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
seconded by Council Member
Mayor Heidi Harmon
2020.
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
91
DocuSign Envelope ID: 77AF04E1-8E73-42F4-A1A9-347EFCC06F9A
Amendment Item A
EMERGENCY SERVICES DIRECTOR PROCLAMATION NO.5 (2020 SERIES)
A PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR OF
THE CITY OF SAN LUIS OBISPO, CALIFORNIA, SUSPENDING
MUNICIPAL CODE AND CONDITIONAL USE PERMIT AND OTHER
REQUIREMENTS FOR THE ESTABLISHMENT OR EXPANSION OF
SAFE PARKING PROGRAMS WITHIN THE CITY OF SAN LUIS OBISPO
RELATED TO THE PANDEMIC OF VIRUS KNOWN AS COVID-19
WHEREAS, section 2.24.060 of the San Luis Obispo 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 directing measures to mitigate the spread of cases
of COVID-19 within the State of California, including social distancing and mandatory use of face
coverings in public places
(see hitps://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%2ODocument%2OLibr4a/COVID-
19/Guidance-for-Face-Coverings_06-18-2020.pdf); 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; the City Council declared a continuing local emergency; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
within the City, caused by recent increases in confirmed cases and the continuing 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 President's Declaration of a National Emergency,
the Governor's Proclamation of a State of Emergency, the County Emergency Services Director's
Proclamation of Local Emergency and the County Public Health Director's Declaration of a Public
Health Emergency, and all recitals set forth therein, which are included as though fully set forth
herein; and
WHEREAS, maintenance of appropriate social distancing between non -household
individuals and groups and wearing face masks or coverings in public settings and where distance
between non -household members cannot be maintained has proven effective in mitigating the
spread of COVID- 19; and
WHEREAS, pursuant to the Order of the State Public Health Officer issued on May 7,
2020, the State Public Health Officer has progressively designated businesses that may reopen
[OR"
DocuSign Envelope ID: 77AF04E1-8E73-42F4-A1A9-347EFCC06F9A
Amendment Item A
ESD Proclamation No. 5 (2020 Series) Page 2
with certain modifications, based on public health and safety needs, at
h!Vs:Hcovidl9.ca.gov/roadmqp and these modifications include the requirements for statewide
industry guidance for businesses from California's Resilience Roadmap, including the fifth
requirement of the statewide industry guidance for businesses, that all facilities must establish
physical distancing guidelines before reopening; and
WHEREAS, Governor Newsom and the State Public Health Officer have ordered and
directed that all jurisdictions should limit group gatherings and that all persons must wear face
masks or coverings in places open to the public and where at least six feet of space between non -
household individuals and groups cannot be maintained; and the Order required all Californians to
continue to obey the State public health directives made available at htips:Hcovidl9.ca. og v/stay-
home-except-for-essential-needs and elsewhere as the State Public Health Officer may provide.
WHEREAS, the conditions of extreme peril concerning the spread of COVID-19 warrant
and necessitate measures to ensure social distancing and deter large congregations of persons, and
high -risk activities that increase the risk of community spread of the COVID-19 virus and the
wearing of face coverings or masks consistent with State emergency and public health orders; and
WHEREAS, the City's Zoning Regulations (Chapter 17.86.230) says that Safe Parking
provides homeless individuals and families with vehicles a safe place to temporarily park overnight
to facilitate the transition to permanent housing, and as such the expansion of Safe Parking
opportunities in the City is a strategy to expand opportunities for safe shelter to help mitigate the
spread of COVID-19; and
WHEREAS, the County of San Luis Obispo has permitted Safe Parking to occur at the
Veteran's Hall location within the City, 801 Grand Avenue, but has discontinued the service at
that location; and
WHEREAS, Community Action Partnership of San Luis Obispo County currently holds
a Conditional Use Permit for the purpose of allowing seven (7) Safe Parking spaces at its facility
on 40 Prado Road and can accommodate ten (10) additional Safe Parking spaces co -located with
supportive services to support the homeless population during the pandemic emergency; and
WHEREAS, the City is working to identify additional locations that may be suitable to
establish additional Safe Parking locations; and
WHEREAS, in the absence of such actions, the risk of rapid spread of COVID 19 among
the homeless population is increased 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 the health and safety of persons within the City will be endangered; and
WHEREAS, the City of San Luis Obispo Emergency Services Director has considered the
risks and deems that the expansion of Safe Parking opportunities in the City is necessary to prevent
the spread of COVID-19.
NOW, THEREFORE, BE IT PROCLAIMED by the Emergency Services Director of
the City of San Luis Obispo, based on the findings set forth in the recitals above, that:
[OR"
DocuSign Envelope ID: 77AF04E1-8E73-42F4-A1A9-347EFCC06F9A
Amendment Item A
ESD Proclamation No. 5 (2020 Series) Page 3
SECTION 1. Pursuant to the City's authority under California Constitution Article XI,
Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations necessary for the protection of the City; the City of San Luis Obispo Charter; and
Chapter 2.24 of the San Luis Obispo Municipal Code, emergency measures are necessary to
support and facilitate the expansion of safe parking facilities for unhoused persons in order to
minimize exposure to the elements that compromise health, to minimize risks of sustained close
contact and congregation and transmission of COVID-19 and to advance social distancing and
personal hygiene protocols necessary to prevent or minimize the spread of COVID-19 and protect
the public health, safety, welfare and economic security of the citizens of San Luis Obispo.
SECTION 2. Any and all provisions of the San Luis Obispo Municipal Code, Chapter
17.86, and any and all provisions of any other currently applicable code provision or use permit,
entitlement or contract issued to any current homeless or supportive services provider permitted
or contracted with the City of San Luis Obispo, are hereby suspended to the extent that such
provisions would otherwise limit or prevent the expansion by such parry of safe parking facilities
within the City, until such time as the declared City, County and State emergency declarations are
terminated or such other time as may be determined by order of the Emergency Services Director
or City Council, subject to the requirements and restrictions set forth herein.
SECTION 3. Requirements for the temporary emergency expansion of the 40 Prado
Road Safe Parking Program (City Conditional Use Permit #USE-0413-2014).
A. The Community Development Director is hereby authorized, upon written request, to
administratively allow for the temporary expansion of the existing permitted operation
for Safe Parking located at 40 Prado Road at that location or at any other location
authorized by the Emergency Services Director within the City of San Luis Obispo if
the Community Development Director determines that the expansion is consistent with
the purpose and intent of San Luis Obispo Municipal Code Section 17.86.230.
B. If the operators of Safe Parking at 40 Prado Road wish to maintain the establishment
or expansion of a Safe Parking location allowed pursuant to this order after the
termination of applicable emergency orders, any such operator shall submit the
appropriate Planning Application to the Community Development Department for
processing in accordance with otherwise applicable city regulations for issuance of a
use permit or modification to an existing permit. Any limitations or new conditions of
approval that result from the review process shall be implemented following approval
of the permit modification.
SECTION 4. Requirements for the establishment of new Safe Parking locations.
A. The Community Development Director is hereby authorized to immediately allow for
the establishment and operation of new Safe Parking locations by the City and/or third
party non-profit partner, upon submittal of a complete Planning Application for a
Conditional Use Permit demonstrating compliance with the performance standards
required by SLOMC Section 17.86.230.E.I as may be required to normally establish
Safe Parking at the proposed location.
B. The Community Development Department will process the new application through
the normal course of review for the permit application submitted. Upon approval of the
Safe Parking permit, all conditions of approval shall be applied to the use. If a
DocuSign Envelope ID: 77AF04E1-8E73-42F4-A1A9-347EFCC06F9A
Amendment Item A
ESD Proclamation No. 5 (2020 Series) Page 4
Conditional Use Permit is not approved within 120 days, then the Safe Parking use
shall cease.
SECTION 5. In the event that the Safe Parking site is operated in violation of any
requirement established for the temporary operation and such violation is not remedied as directed
by the City, the Community Development Director may notify the operator in writing that the
temporary operation authorization is terminated; upon receipt of said notice, the operator shall
terminate operations and return the site to its original condition within 10 days of receipt of said
notice.
SECTION 6. Incorporation by reference. This Order is issued in accordance with, and
incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by
Governor Gavin Newsom, the March 13, 2020 Proclamation by the Director of Emergency
Services Declaring the Existence of a Local Emergency in the County, the March 13, 2020
Declaration of Local Health Emergency Regarding Novel Coronavirus 2019 (COVID-19) issued
by the Health Director; and the City of San Luis Obispo's March 17, 2020 Resolution Declaring a
Local Emergency and all subsequent and continuing State, County and City orders whether or not
specifically referenced herein.
SECTION 7. City Council confirmation. This Proclamation shall be presented to the
City Council of the City of San Luis Obispo for confirmation at or before its August 18, 2020
meeting, pursuant to San Luis Obispo Municipal Code Section 2.24.060.
SECTION 8. Enforcement. This proclamation shall be enforceable, and violations shall
be subject to penalties under Municipal Code Sections 2.24.100 and/or Administrative
Enforcement under Chapter 1.24 and Resolution No. 11106 (2020 Series), and prior Emergency
Resolutions of the City Council.
SECTION 9. Posting. A copy of this order and regulation shall be broadly publicized
and 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 order and regulation 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.
[in"
DocuSign Envelope ID: 77AF04E1-8E73-42F4-A1A9-347EFCC06F9A
Amendment Item A
ESD Proclamation No. 5 (2020 Series) Page 5
SECTION 10. Warning prior to citation. No criminal citation for violation of this order shall be
issued, unless at least one in -person warning or notification of this proclamation has been made at
an affected business.
The foregoing Proclamation was approved this 7th day of August 2020 at 2:00 PM.
Derek Johnson, Emergency Services Director
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 Th day of August 2020.
Teresa Purrington
City Clerk
M,
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Services
Director
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Recommendation
1. Receive an update from the Emergency Services
Director related to current Emergencies occurring in
the City of San Luis Obispo; and
2. Adopt a Resolution of the City Council of the City of
San Luis Obispo, California Affirming Actions of the
Emergency Services Director.
2
Current Emergencies in the City of
San Luis Obispo
1. COVID-19
1. Health
2. Economic Resiliency and Recovery
3, Social
2. California Independent System Operator Declares
Stage 2 Emergency
3. California Wildfire Updates: State of Emergency
4. Record Heat Wave -State Emergency (CALISO)
1. Today-1 Customer 19:00
2. Tomorrow Unknown -More Severe
5. Racism as a Public Health Emergency and Planned
Rallies/Protests
3
COVID-19 Case Count G 2,571
Confirmed cases
in SLO County
*As of 8/18/20 at 1:00 pm • 29095
Recovered
Daily New Cases and 14-Day Average)
100
50
Daily flew Cases T 14-DayAverage
430
Home
29352
Community
219
CMC
100
0
0
cn
M
California Independent System
Operator— Stage 2 Emergency
On August 18, 2020, the California Independent
System Operator (CAL ISO) declared a Stage 2
Emergency throughout the State of California
1. Power outages are likely due to the strain on the
grid
2. CAL ISO is urgently appealing to consumers to
conserve energy immediately to avert or limit
power outages today
3. If system conditions do not improve, the ISO will
declare a Stage 3 Emergency, including rotating
power outages.
Emergency notifications
Transmission Emergency
Declared for any event threatening or
limiting transmission grid o❑pability,
including line or transfGrmer overloads
Of loss_
Contingency Reserve shortfalls exist or
forecast to oc-cur_
Strong need for conservation_
The ISO has taken all mitigating actions
and is no longer able to provide its
expected energy requirements.
Requires ISO intervention in the marker
such as ordering power plants online.
The 150 is unable to meet minimum
contigency reserve requirements, and load
interruption is imminent or in progress.
Notice issued to utilities of potential
electricity interruptions_
Q
California Independent System
Operator— Stage 2 Emergency
Critical City Facilities have generators
1. Fire Stations, PD, 919 Palm, City Hall, Corp Yard, South Hills Comms, WRRF and
WTP have back generators.
The Water Treatment Plant treats drinking water in large batches and then stores it for daily
distribution throughout the community.
The City has four portable generators to serve Wastewater Collection system and Potable
Water Distribution system.
2. 50 Traffic Signals (high speed roadways backup battery systems — 2 hours
normal, and then flash for 6-10 hours).
3. Old Traffic Signals (downtown no backup) to be treated as all way stop.
4. Staff are on -call and ready to respond
News Alert: California
wildfire updates:
Newsom declares state of
emergency amid over 30
blazes
THE TRIBUNE
Breaking News
Current Fire Status
1. State is at a Preparedness Level 4 with five
of the six Incident Management Teams
Assigned to Fires
2.
91
1. Out of State resources are on order
2. Last time we neared this level of draw down
was during the 2003 Cedar Fire in SD County
SLO City Fire staff have been dispatched to
the following areas:
1. Salmon Creek Complex in Six Rivers National
Forest
2. Lake Fire in LA County
3. Carmel Fire in Monterey County
4. Deer Fire in Alameda County
All SLOFD Stations remain fully staffed and
call back personnel are on standby
Racism as a Public Health
Emergency and Planned
Rallies/Protests
1. Since June 1, 2020 there have been 27 protests in
the City of San Luis Obispo
2. As of this evening, the following protest are known:
1. Today 5:OOPM LOVR and Madonna Road
2. Thursday, August 20t" 5:30pm at the Courthouse
3. Thursday, August 28t" 5:OOpm at the Courthouse
4. Monday, August 31 St 4:30pm at Mitchell Park
N6
Proclamation No. 5 - Background
1. 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.
2. On March 17, 2020, the City Council proclaimed a
local emergency in the City of San Luis Obispo
regarding the COVID-19 pandemic.
9
Emergency Services Director
Proclamation No. 5 (2020 Series)
1. On August 7, 2020, City Manager Derek Johnson
acting as the Emergency Services Director, issued
Emergency Proclamation No. 5:
a) Effective August 7, 2020 the Community Development
Director is authorized to administratively allow for the
temporary expansion or establishment and operation of
Safe Parking locations throughout the City of San Luis
Obispo at locations authorized by the Emergency
Services Director.
b) Authorization for the expansion or establishment of
Safe Parking locations will be consistent with SLOMC
17.86.230 — Safe Parking.
10
Recommendation
1. Receive an update from the Emergency Services
Director, Derek Johnson related to COVID-19
2. Adopt a Resolution of the City Council of the City of
San Luis Obispo, California Affirming Actions of the
Emergency Services Director
11