HomeMy WebLinkAboutR-11149 affirming actions of the Emergency Services Director (ESD Proclamation No. 5)R 11149
RESOLUTION NO. 11149 (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 n otice 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. 11149 (2020 Series) Page 2
R 11149
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 Declar ation 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.
Resolution No. 11149 (2020 Series) Page 3
R 11149
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 Pease, seconded by Council Member Christianson, 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 18th day of August 2020.
____________________________________
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
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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 e mergency” 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 https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/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
ESD Proclamation No. 5 (2020 Series) Page 2
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with certain modifications, based on public health and safety needs, at
https://covid19.ca.gov/roadmap 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 https://covid19.ca.gov/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:
ESD Proclamation No. 5 (2020 Series) Page 3
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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 p ermitted
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 party 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
ESD Proclamation No. 5 (2020 Series) Page 4
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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 Dire ctor; 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 C ity of San Luis Obispo shall endeavor to make copies of this order and
regulation available to the news media.
ESD Proclamation No. 5 (2020 Series) Page 5
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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 7th day of August 2020.
Teresa Purrington
City Clerk