HomeMy WebLinkAboutP - 06 (2021 Series)_COVID-19 Incident_Proclamation suspending restrictions on Hours of Operation for Crematory and Mortuary BusinessesP 06 (2021 Series)
EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 6 (2021 SERIES)
A PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR OF
THE CITY OF SAN LUIS OBISPO, CALIFORNIA, SUSPENDING
RESTRICTIONS ON CITY REGULATED HOURS OF OPERATION FOR
CREMATORY AND MORTUARY BUSINESSES IN THE CITY OF SAN
LUIS OBISPO
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 thereafter be confirmed 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 related to 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; and the City Council
declared a continuing local all related the spread of cases of COVID-19 within the State of
California and the County of San Luis Obispo; 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, hospitalizations, deaths 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 the City’s Declaration of Local
Emergency and all recitals set forth therein, which are included by reference as though fully set
forth herein; and
WHEREAS, the City of San Luis Obispo has limited providers of crematory and mortuary
services within its jurisdiction and some of those providers have notified the City that they are
unable to meet current demands for such services within their otherwise allowed hours of operation
and providers have requested the City suspend limitations on currently applicable hours of
operation; and
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WHEREAS, in the absence of such actions, existing services may become overwhelmed
and unable to keep up with demand for crematory and mortuary services necessary to address
recent spikes in local COVID-19 cases and deaths; and
WHEREAS, the City of San Luis Obispo Emergency Services Director has considered the
requests of the service providers and deems the requested actions necessary to protect the public
health, safety and welfare during such time as the declared pandemic emergency continues.
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:
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 related to the pandemic
of COVID-19 are necessary to suspend City regulated limitations on hours of operation otherwise
applicable for crematory and mortuary services providers within the City.
SECTION 2. Effective immediately upon notice of this proclamation, all City
regulated limitations on hours of operation currently applicable to any provider of crematory or
mortuary services within the City are hereby suspended until such time as the City Council or
Emergency Services Director declares the termination of the declaration of local emergency or
such other or earlier time as may be determined necessary and appropriate by the Council or
Director.
SECTION 3. 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 related to
COVID-19 whether or not specifically referenced herein.
SECTION 4. City Council confirmation. This Proclamation shall be presented to the
City Council of the City of San Luis Obispo for ratification at or before its January 12, 2021
meeting, pursuant to San Luis Obispo Municipal Code Section 2.24.060.
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SECTION 5. 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.
The foregoing Proclamation was approved this 7th day of January 2021 at 7:00 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 January, 2021.
____________________________________
Teresa Purrington
City Clerk