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Item 1 - Staff Report
Administrative Review Board Agenda Report Meeting Date: February 9, 2021 Item Number: 1 DATE: February 9, 2021 FROM: Cassia Cocina, Code Enforcement Supervisor Prepared By: John Mezzapesa, Code Enforcement Officer SUBJECT: Appeal of Administrative Citations for Kennedy Club Fitness RECOMMENDATION Staff recommends Citation # 23148 dated December 8, 2020 and Citation # 3208 dated December 14, 2020 issued to Kennedy Club Fitness be upheld. DISCUSSION Indoor gym operations continued at the facility in violation of the State Public Health Officer Order and the City of San Luis Obispo’s proclamation of a continued local emergency regarding the Covid-19 pandemic. Background On March 4, 2020, Governor of the State of California issued a Proclamation of State of Emergency due to outbreaks of COVID-19 within the state. (Attachment 1) Following this Executive Order, the County of San Luis Obispo issued a Proclamation of Local Health Emergency regarding COVID-19 on March 13, 2020. (Attachment 2) On March 17, 2020, the City of San Luis Obispo declared a local emergency due to COVID-19. City Council, pursuant to its emergency authority under Municipal Code Section 2.24.020, issued City Resolution 11099 (2020 Series) Proclaiming A Local Emergency Within the City of San Luis Obispo Related to COVID-19. (Attachment 3). Section 7 of the Resolution provides that the declared emergency regarding COVID “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 of San Luis Obispo.” To date, the declaration of emergency has remained in effect. Section 1 of the Resolution incorporates by reference orders and directions regarding COVID that are issued by the Federal government, the State and the County. On March 19,2020, the Governor of the State of California issued Executive Order N-33-20 which directed residents to heed the State public health directive from the Department of Public Health. The State Public Health Officer and Director of the California Department of Public Health ordered all residents living in California to stay home or at their place of residence. The federal government identified 16 critical infrastructure sectors and Californians working in these 16 critical infrastructure sectors may continue that work because of the importance of these sector to Californians’ health and wellbeing. (Attachment 4). On Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 1 City of San Luis Obispo, Title, Subtitle May 4, 2020, the Governor issued Executive Order N-60-20 (Attachment 6) which includes the order that all residents are to obey State public health directives: 1) All residents are directed to continue to obey State public health directives, as made available at [CDPH website] and elsewhere as the State Public Health officer may provide. On April 7, 2020, the City further adopted City Resolution 11106 (2020 Series) (Attachment 5) to establish a City-wide Safety Enhancement Zone per Municipal Code Chapter 9.22 (Attachment 36) which authorizes City Council to establish a safety enhancement zone (which, in this case, covers the entire geographical area of the City) upon a finding that “there is a need to take immediate action to protect the public health, safety and welfare and that there is the “potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of the San Luis Obispo Municipal Code.” Resolution 11106 is based on Resolution 11099 and the proclaimed local emergency due to the threat posed by COVID-19. Section 6 of Resolution 11106 provides that the City-wide Safety Enhancement Zone shall be in effect for the “period that a local emergency or shelter at home order regarding COVID-19 is [in] effect” and that “any violation of any public health order shall be subject to an immediate fine not to exceed one thousand dollars.” The Notices of Violation issued to Kennedy Club Fitness on December 8, 2020, and December 14, 2020, that are the subject of these combined appeals (Attachments 39 and 41) are directly based on Council Resolution 11106 which prohibits the violation of any duly issued public health order. Resolutions 11099 and 11106 constitute “rules or regulations” issued pursuant to Municipal Code Chapter 2.24 with regard to the City-wide COVID-19 emergency declared by City Council. To the extent there was a question whether a Council resolution constituted a “rule or regulation” issued pursuant to Municipal Code Chapter 2.24, and to clarify the City’s authority to enforce public health orders as a violation of City Code, on January 19, 2021, City Council unanimously adopted an urgency ordinance, Ordinance No. 1692 (2021 Series) (Attachment 42). Urgency Ordinance 1692 expressly provides for the direct enforcement, as a violation of City Code, of local, State of California and Federal emergency public health measures, orders or directives during a declared emergency such as COVID-19 that affects the City, and expressly clarifies that “[A]ny lawful rule or regulation issued pursuant to [Chapter 2.24]” includes a resolution duly adopted by City Council: “[A]ny lawful rule or regulation issued pursuant to [Chapter 2.24]” means “in addition to any duly adopted ordinance of the City, any duly adopted resolution, proclamation, declaration or order of the City Council, the Disaster Council or the Emergency Services Director in furtherance of their respective emergency powers pursuant to a [declared local emergency].” Urgency Ordinance 1692, by its express terms, applies retroactively to clarify Council’s intent when Chapter 2.24 was enacted and applies retroactively to violations that occurred before enactment of the Urgency Ordinance. The declaration of a local emergency and declaration of a City-wide safety enhancement zone under Resolutions 11099 and 11106, as clarified by Urgency Ordinance 1692, makes any violation of any COVID related public health orders (Federal, State or County) a violation of City Code via Municipal Code Chapter 2.24 – Emergency Services (Attachment 35). SLOMC 2.24.010 provides, in relevant part, that the purposes of Chapter 2.24 are: “[T]o provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 2 City of San Luis Obispo, Title, Subtitle and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons.” SLOMC 2.24.020 defines an emergency, for purposes of Chapter 2.24, as including: “[T]he actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as . . . disease, epidemic, . . . or other conditions . . . which conditions are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat.” The COVID pandemic clearly constitutes an emergency that falls within the scope of SLOMC 2.24.020. SLOMC 2.24.100 – Violation – Penalty, as amended by Urgency Ordinance 1692, provides that it shall be a misdemeanor, punishable by a fine not in excess of five hundred dollars or by imprisonment for a period not to exceed six months, or both, for any person, during an emergency, to, among other things: “B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give, assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof. Any violation of any duly enacted public health measure to mitigate or prevent the transmission of a communicable disease that presents a risk of serious illness or death to City residents or of an emergency measure enacted to prevent the exposure of residents to shall be presumed “to imperil the lives or property of inhabitants of the this city” and failure to remedy such violation after direction of any authorized city personnel charged with enacting such measures shall be presumed “to prevent, hinder or delay the defense or protection thereof” for purposes of this Chapter.” SLOMC Section 2.24.100 E, as amended by the Urgency Ordinance, further provides that “any rule or regulation issued pursuant to this chapter” includes public health measures, orders and directives issued by the State public health authority: “E. As used in this Chapter 2.24, “rule or regulation issued pursuant to this chapter” shall also include any emergency or public health measure, order or directive applicable in the City and issued by any County of San Luis Obispo, State of California or United States jurisdictional authority authorized to enact such emergency or public health measures, orders or directives, where the City Council, Disaster Council and/or Emergency Services Director has authorized or directed the enforcement of such measures pursuant to their powers under this chapter or their otherwise applicable authority to take actions in furtherance of the health, safety and welfare of the city organization and residents.” With the local emergency that was declared by City Council on March 17, 2020, under Resolutions 11099 and 11106, and as clarified by Urgency Ordinance 1692, it is a violation of SLOMC Chapter 2.24 for any individual or business within the City of San Luis Obispo to violate any federal, state, county or City of San Luis Obispo rule or regulation related to addressing the COVID-19 emergency. SLOMC 9.22.020 establishes a penalty of twice the amount designated in City Code for a code violation committed within the Safety Enhancement Zone up to a maximum of $1000. As amended by the Urgency Ordinance (Attachment 42), Section 9.22.020 B provides that: “Violations of Chapter 2.24 (Emergency Services) or any duly enacted rule or regulation pursuant to Chapter 2.24, or of any local (City or County of San Luis Obispo), State of California or United Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 3 City of San Luis Obispo, Title, Subtitle States emergency or public health emergency measure, order or directive issued pursuant to any declared local, state, or federal emergency applicable within the City shall be subject to enforcement throughout the geographic limits of the City under this section immediately upon declaration of the emergency, and for the duration of the declared emergency, and shall be subject to an immediate $1,000 penalty as an immediate threat to public health or safety. A separate offense shall be deemed to have been committed whenever a person repeats the act that constitutes the violation.” On August 28, 2020, the State issued a “Blueprint for a Safer Economy”, which outlined different “tiers” for the safe reopening of different business sectors, including gyms and fitness centers (The so-called “Blueprint” was adopted through a Statewide Public Health Order issued on August 28, 2020, which refers to the “Blueprint” as “California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe”) (Attachment 13). When the Blueprint was issued, San Luis Obispo County was categorized in the Widespread (purple and most restrictive) Tier 1. Under this designation, many businesses, including gyms and fitness centers, were prohibited from having any indoor operations, regardless of whether other appropriate COVID safety measures were being taken. Enforcement Activity In response to the Emergency Order, the City of San Luis Obispo established a hotline and protocols for call handling (Attachment 7) designed to provide information, guidance, and assistance to businesses and community members. The hotline also provided a resource to report complaints and possible violations of the Public Health Order. Additionally, a protocol was created for communication, education and enforcement for reopening businesses (Attachment 8). Initially, the protocol included a combined effort on behalf of code enforcement, attorney and police staff members which emphasized education for businesses reported to be in violation. This protocol was revised in November 2020 aligning the enforcement of public health orders with the standard code enforcement process (Attachment 9). At the time of violation listed on the appealed citations the protocol for handling complaints/alleged violations was to contact the businesses, advise that a complaint was received, provide educational information regarding compliance, and advise that continued non-compliance may result in escalated enforcement action. Repeated complaints were to be followed up with inspection. Any verified complaints would then be followed up with issuance of citations. All reported violations and subsequent follow up contact were recorded in a call log. All call log entries related to Kennedy Club Fitness have been compiled in a single document for reference (Attachment 10). Complaints were received via the City’s hotline and from the County of San Luis Obispo via daily complaint logs (complaints made to county staff that were found to be within the City of San Luis Obispo). The complaint logs from county staff containing complaints regarding Kennedy Club Fitness have been complied in a single document for reference (Attachment 11). The first complaint code enforcement staff received for Kennedy’s was on June 24, 2020. The County forwarded a complaint that the staff and customers were not wearing masks. Effective June 18, 2020, the California Department of Public Health mandated the use of face coverings when outside the home. Code enforcement staff spoke with a representative from Kennedy’s and advised of the complaint. Kennedy’s stated they have signs posted and were doing what they could to enforce the wearing of masks. On July 10, 2020, a repeat complaint for lack of masks was forwarded from the County. The complaint was referred to police dispatch for logging. On July 31, 2020, the city received two separate complaints that outdoor equipment was not spaced six feet apart as required and customers were not wearing masks. Kennedy’s was contacted and advised of Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 4 City of San Luis Obispo, Title, Subtitle complaints. Kennedy Club Fitness personnel stated equipment was properly spaced and masks were not required when outdoors and socially distanced. Code enforcement staff advised that PD may verify further complaints. On August 6, 2020, the city received a complaint that indoor equipment was being used by customers. The manager stated that the equipment was roped off, but some customers had snuck in. Enforcement staff advised that indoor operations are not allowed. On August 14, 2020, the city received a complaint from the County that customers were not wearing masks outdoors. No contact with business since masks were not required when customers were exercising outdoors and were appropriately physically distanced. On August 26, 2020, the city received two separate complaints from the County. The complaints alleged that customers were working out upstairs and inside and that a lack of masks usage occurred. Enforcement staff referred to police dispatch since this was a repeat complaint. San Luis Obispo Police Department (PD) visited the site on August 28, 2020 and observed customers not wearing masks and working out inside. Body cam footage was obtained during the site visit and a police report (Incident # 200828048) was written regarding the violations (Attachment 12). As noted previously, on August 28, 2020, the State issued the Blueprint for a Safer Economy which defined “tiers” for the safe reopening of businesses. At that time, San Luis Obispo County was categorized in the Widespread (purple and most restrictive) Tier 1. This prohibited many businesses, including gyms and fitness centers, from conducting any indoor operations, regardless of whether other appropriate COVID safety measures were being taken. Based on the observations described in the August 28th police report and the repeated violations of indoor operations and lack of required face masks, administrative citation no. 22262 (Attachment 14) for $1000.00 was issued to Kennedy Club Fitness on September 3, 2020. The citation was sent to the property owner’s and subject addresses via first class and certified mail and posted on site. Photo documentation of posting was taken (Attachment 15). Citation appeals are required to be submitted within 10 days of issuance. The appeal for this citation was received on December 2, 2020 and was subsequently denied as untimely. On August 31, 2020, City Code Enforcement received a repeat complaint through the County that Kennedy Club Fitness members were using equipment inside and upstairs. The complaint was referred to dispatch. PD visited the site on September 2, 2020 and observed people working out in the upstairs workout area. Body cam footage was obtained during the site visit and a police report (Incident # 200902031) was written regarding the violation (Attachment 16). Based on the observations made in the September 2nd police report and the repeat violation of indoor operations, administrative citation no. 22589 (Attachment 17) for $1000.00 was issued on October 7, 2020. The citation was sent to the property owner’s and subject addresses via first class and certified mail and posted on site. Photo documentation of posting was taken (Attachment 18). Citation appeals are required to be submitted within 10 days of issuance. As with the previous citation, the appeal was received on December 2, 2020 and subsequently denied as untimely. On September 9, 2020, the city received two repeat complaints from the County that Kennedy Club Fitness members were exercising inside. The complaint was referred to dispatch and PD followed up with a site visit on 9/10/2020. PD confirmed members were inside exercising but those not exercising were wearing masks. Body cam footage was obtained during the site visit and a police report (Incident # 200910047) was logged for the violation (Attachment 19). Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 5 City of San Luis Obispo, Title, Subtitle On September 11, 2020, the city received a complaint from the County that the business was not enforcing face mask requirement for members inside or outside. On September 15, 2020, the city received two complaints that members were being allowed to workout indoors. Complaints were referred to dispatch for PD follow up. PD visited the site on 9/16/2020 and confirmed members were exercising indoors. Body cam footage was obtained during the site visit and a police report (Incident # 200916034) was logged for the violation (Attachment 20). The City received daily complaints from September 16 through September 18, 2020, that indoor gym use was occurring at Kennedy Club Fitness. San Luis Obispo County moved into the less restrictive Substantial (red) Tier 2 on September 22, 2020. This allowed indoor fitness operations at gyms and fitness centers with modifications and appropriate COVID precautions, including the use of face masks. Gyms and fitness centers were allowed to have indoor operations with a 10% maximum capacity. Throughout late September through mid-November, staff received approximately 17 complaints related to lack of face masks for employees at Kennedy Club Fitness. Staff repeatedly contacted the business reiterating face mask requirements. The County of San Luis Obispo performed onsite inspections independently on several occasions (Attachment 21). As a result of the County’s investigation a Directed Order to modify operations and comply with state orders and public health guidance was issued by the County to Kennedy Club Fitness on November 6, 2020 (Attachment 22). On November 16, 2020, due to a surge in COVID cases (which has continued to escalate since that date), San Luis Obispo County reverted to the Widespread Tier 1 level under the State’s Blueprint for a Safer Economy. With this reversion back to Tier 1 restrictions, gyms and fitness centers were (and currently are) no longer allowed to have indoor operations, regardless of whether other appropriate COVID safety measures were being taken. On November 17, 2020, code enforcement staff proactively reached out to Kennedy Club Fitness and advised that indoor activity would need to cease, since San Luis Obispo County reverted to the Widespread Tier 1 under the State’s Blueprint for a Safer Economy. The Club manager advised code enforcement staff they would not cease indoor activity. City Staff advised that we would be conducting an onsite visit the following day to verify compliance. An inspection of the business was conducted on November 18, 2020 which confirmed continued indoor operations. Photo documentation of indoor activities was collected, and an inspection report was prepared (Attachment 23). On November 20, 2020, Kennedy Club Fitness made a public declaration that their indoor operations would continue to be offered to their members. A screenshot from the Kennedy Club Fitness website of this statement has been included with this report (Attachment 24). The business also publicly announced that they were aligning with other wellness businesses to form a “Wellness Coalition” in which they considered their businesses essential and stated they would remain open and available to their members. Screenshots from the website for the Wellness Coalition showing the coalition’s purpose and Kennedy Club Fitness’s association with the coalition has been included with this report (Attachment 25). Based on the November 18th inspection, the documented, willful defiance by the business of the State orders and Public Health guidance and verified continued indoor operations that were prohibited, administrative citation no. 23027 (Attachment 26) for $1000.00 was issued on November 23, 2020. The citation was sent to the property owner’s and subject addresses via first class and certified mail. This citation was not posted onsite because Kennedy Club Fitness management advised city staff that voluntary future inspections would not be allowed without a warrant. Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 6 City of San Luis Obispo, Title, Subtitle While the first three administrative citations were issued after reported complaints were investigated and confirmed, it became clear that a more proactive enforcement procedure would be necessary to address the willful defiance of the State orders and Public Health guidance. Procedures set by Code Enforcement staff to proactively address continued violations included multiple site visits of which the frequency per week was to escalate. Beginning on the week of November 30th, two site visits were scheduled to determine operational status of the facility. On November 30, 2020, Code Enforcement staff visited the business with the intent to request an inspection. Staff entered the facility and requested to speak to a manager at the front desk. The facility was open to customers at the time of inspection. While waiting for the manager several patrons were observed inside of the facility traveling to the second level where most gym equipment is located. The facility manager advised that future interior inspections would not be allowed without a warrant. Code Enforcement Staff left the property. Observations collected during the inspection were documented (Attachment 37). On December 2, 2020 Code Enforcement Staff performed an inspection from the public right of way located approximately 100 feet from the front entrance of the facility. The front entrance was clearly visible from the location in which Code Enforcement Staff was standing. Photos and videos were collected of the front entrance/parking lot showing patrons entering the facility. Inspection record has been included (Attachment 38). Numerous vehicles were observed in the parking lot for the business. Four to five patrons were observed entering and exiting the front entrance of the fitness facility. These individuals were all wearing fitness clothing or carrying a sports bag. The interior of the business appeared to be open to the public. Based on the November 30th and December 2nd inspections, the documented, willful defiance by the business of the State orders and Public Health guidance and verified continued indoor operations, administrative citation no. 23148 (Attachment 39) for $2,000.00 was issued on December 8, 2020. The citation was sent to the property owner’s and subject addresses via first class and certified mail. This citation was not posted onsite because Kennedy Club Fitness management advised city staff that voluntary future inspections would not be allowed without a warrant. Code enforcement staff conducted daily inspections from the public right of way between December 7, 2020 and December 11, 2020. During each inspection photos and videos were collected of the front entrance/parking lot showing patrons entering the facility. Inspection records have been compiled and included (Attachment 40). Numerous vehicles were observed in the parking lot for the business. Patrons were observed entering and exiting the front entrance of the fitness facility. These individuals were all wearing fitness clothing or carrying a sports bag. The interior of the business appeared to be open to the public. Based on the inspections performed between December 7, 2020 and December 11, 2020, the documented, willful defiance by the business of the State orders and Public Health guidance and verified continued indoor operations, administrative citation no. 23208 (Attachment 41) for $5,000.00 was issued on December 14, 2020. The citation was sent to the property owner’s and subject addresses via first class and certified mail. This citation was not posted onsite because Kennedy Club Fitness management advised city staff that voluntary future inspections would not be allowed without a warrant. Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 7 City of San Luis Obispo, Title, Subtitle County Directed Orders to and Communications With Kennedy Club Fitness Independently of the City’s investigations and enforcement, because of Kennedy Club Fitness’ violation of state issued COVID orders and guidelines, the County of San Luis Obispo issued to Kennedy Club Fitness a Directed Order to Modify Operations and to comply with State orders and public health guidance regarding COVID and fitness facilities on November 6, 2020 (Attachment 22) and issued a follow up Directed Order to Modify Operations and to comply with State orders and public health guidance regarding COVID and fitness facilities on November 23, 2020. (Attachment 27). By letter dated December 4, 2020 (Attachment 28), counsel for Kennedy Club Fitness responded to the County’s November 23, 2020 Directed Order. By letter dated December 14, 2020, San Luis Obispo County Counsel responded to the December 4, 2020 letter from counsel for Kennedy Club Fitness (Attachment 29). Media Reports Kennedy Club Fitness’ ongoing operations in violation of State COVID orders and guidelines that are the subject of the City’s enforcement activities and the citation that is the subject of this appeal have been reported in various media sources. In these media reports, Kennedy Club Fitness has conceded that it has continued to conduct indoor fitness operations at its facilities despite awareness of State issued COVID orders and guidelines that prohibit gyms and fitness centers from conducting indoor fitness operations while San Luis Obispo County is deemed to be under a Widespread, Tier 1 status under the State’s Blueprint for a Safer Economy (Attachments 30, 31, 32, 33 and 34). Next Steps 1. The Board may grant the appeal. 2. Continue the action and request staff and/or appellant provide additional information. 3. Uphold the violation and deny the appeal. Attachments: 1. Proclamation of State of Emergency, State of California 2. Proclamation of Local Emergency, County of San Luis Obispo 3. Resolution No. 11099 (2020 Series) 4. Executive Order N-33-20 5. Resolution No. 11106 (2020 Series) 6. Executive Order N-60-20 7. Call Taking Protocols 8. Communication, Education and Enforcement Protocols 8-18-2020 9. Communication, Education and Enforcement Protocols 11-30-2020 10. COVID-19 Call Tracking for Kennedy Club Fitness 11. COVID-19 Complaints from SLO County for Kennedy Club Fitness 12. Police Report August 28, 2020 13. CA Public Health Officer Order and Blueprint for a safer economy August 28, 2020 14. First Administrative Citation September 3, 2020 – Declaration of Service Packet 15. Photographs of First Administrative Citation Posting 16. Police Report September 2, 2020 17. Second Administrative Citation October 7, 2020 – Declaration of Service Packet 18. Photographs of Second Administrative Citation Posting 19. Police Report September 10, 2020 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 8 City of San Luis Obispo, Title, Subtitle 20. Police Report September 16, 2020 21. Inspections performed by County of SLO 22. Directed Order from the County of SLO, November 6, 2020 23. Inspection Record November 18, 2020 24. Screenshot of KCF website 25. Screenshot of Wellness Coalition website 26. Third Administrative Citation November 23, 2020 – Declaration of Service Packet 27. Directed Order from the County of SLO, November 23, 2020 28. Letter Cunningham Law Group to County Public Health Director, December 4, 2020 29. Letter County Counsel to Cunningham Law Group, December 14, 2020 30. The Tribune Article, Kennedy Club Fitness Calls for Gyms to Fully Reopen as COVID Shutdown Batters Business, August 17, 2020 31. KSBY Article, Local Gyms Defy Order to Remain Outdoors During Purple Tier, November 20, 2020 32. The Tribune Article, These 2 County Gyms are Operating Indoors Despite COVID-19 Orders. This is Why, November 21, 2020 33. The Tribune Article, SLO County Gyms Team up to Operate Indoors. But Will it Increase COVID-19 Cases?, November 27, 2020 34. The Tribune Article, SLO Fines 4 Businesses Total of $16,000 for COVID Violations. This one is Fighting Back, December 17, 2020 35. Municipal Code Chapter 2.24 36. Municipal Code Chapter 9.22 37. November 30, 2020 Inspection Record 38. December 2, 2020 Inspection Record 39. Fourth Administrative Citation December 8, 2020 – Declaration of Service Packet 40. December 7-11, 2020 Inspection Records 41. Fifth Administrative Citation December 14, 2020 – Declaration of Service Packet 42. San Luis Obispo City Ordinance No. 1692 January 19, 2021 42. Urgency Ordinance 1692 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 9 Attachment 1 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 10 WHEREAS experts anticipate that while a high percentage of individuals affected by COVID-19 will experience mild flu-like symptoms, some will have more serious symptoms and require hospitalization, particularly individuals who are elderly or already have underlying chronic health conditions; and WHEREAS it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases in California, to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an 1ncreas1ng number ot individuals requiring medical care and hospitalization; and WHEREAS 11 COVID-19 spreads in Calitornia at a rate comparable to the rate of spread in other countries. the number of persons requiring medical core may exceerl locally available resources. and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the people of California, and limits the spread of infection in our ,-:omrnunities cmd wi ll1i11 lhfcl lieullhcrne delivery system; and WHEREAS personal protective equipment (PPE) is not necessary for use by the general population but appropriate PPE is one of the most effective ways to preserve and protect California's healthcare workforce at this critical time and to prevent the spread of COVID-19 broadly; and WHEREAS state and local health departments must use all available preventative measures to combat the spread of COVID-19, which will require access to services. personnel, equipment, facilities. and other resources, potentially including resources beyond those currently available, to prepare for and respond to any potential cases and the spread of the virus; and WHEREAS I find that conditions of Government Code section 8558(b), relating to the declaration of a State of Emergency, have been met; and WHEREAS I find that the conditions caused by COVID-19 are likely to require the combined forces of a mutual aid region or regions to appropriately respond; and WHEREAS under the provisions of Government Code section 8625(c). I find that local authority is inadequate to cope with the threat posed by COVID-19; and WHEREAS under the provisions of Government Code section 8571. I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder. or delay appropriate actions to prevent and mitigate the effects of the COVID-19. NOW, THEREFORE. I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes. including the California Emergency Services Act, and in particular, Government Code section 8625. HEREBY PROCLAIM A STATE OF EMERGENCY to exist in California. Attachment 1 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 11 IT IS HEREBY ORDERED THAT: I.In preparing for and responding to COVID-19, all agencies of the state government use and employ state personnel, equipment, and facilities or perform any and all activities consistent with the direction of the Office of Emergency Services and the State Emergency Plan, as well as the California Department of Public Health and the Emergency Medical Services Authority. Also, all residents are to heed the advice of emergency officials with regard to this emergency in order to protect their safety. 2.As necessary to assist local governments and for the protection of public health, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services needed to assist in preparing for, containing, responding to, mitigating the effects of, and recovering from the spread of COVID-19. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of COVID-19. 3.Any out-of-state personnel, including, but not limited to, medical personnel, entering California to assist in preparing for, responding to, mitigating the effects of, and recovering from COVID-19 shall be permitted to provide services in the same manner as prescribed in Government Code section 179.5, with respect to licensing and certification. Permission for any such individual rendering service is subject to the approval of the Director of the Emergency Medical Services Authority for medical personnel and the Director of the Office of Emergency Services for non-medical personnel and shall be in effect for a period of time not to exceed the duration of this emergency. 4.The time limitation set forth in Penal Code section 396, subdivision (b), prohibiting price gouging in time of emergency is hereby waived as it relates to emergency supplies and medical supplies. These price gouging protections shall be in effect through September 4, 2020. 5.Any state-owned properties that the Office of Emergency Services determines are suitable for use to assist in preparing for. responding to, mitigating the effects of, or recovering from COVID-19 shall be made available to the Office of Emergency Services for this purpose, notwithstanding any state or local law that would restrict, delay, or otherwise inhibit such use. 6.Any fairgrounds that the Office of Emergency Services determines are suitable to assist in preparing for, responding to, mitigating the effects of. or recovering from COVID-19 shall be made available to the Office of Emergency Services pursuant to the Emergency Services Act, Government Code section 8589. The Office of Emergency Services shall notify the fairgrounds of the intended use and can immediately use the fairgrounds without the fairground board of directors' approval, and Attachment 1 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 12 notwithstanding any state or local law that would restrict, delay, or otherwise inhibit such use. 7.The 30-day time period in Health and Safety Code section l O l 080, within which a local governing authority must renew a local health emergency, is hereby waived tor the duration of this statewide emergency. Any such local health emergency will remain in effect until each local governing authority terminates its respective local health emergency. 8.The 60-day time period in Government Code section 8630, within which local government authorities must renew a local P.mP.roP.nr.y, le; hArP.hy waived for the duration of this stc1tewicle emergency. Any local emergency proclaimed will remain In effect until each local governing authority terminates its respective local emergency. 9. The Office of Emergency Servk:es shall provkie cmistance to local governments that have demonstrated extraordinary or disproportionate impacts from COVID-19, if appropriate and necessary, under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, Title 19, section 2900 et seq. I 0. To ensure hospitals and other health facilities are able to udec..iuulely l1eul µulierils leLlully isoluled usu resul1 of COVID- 19, the Director of the California Department of Public Health may waive any of the licensing requirements of Chapter 2 of Division 2 of the Health and Safety Code and accompanying regulations with respect to any hospital or health facility identified in Health and Safety Code section 1250. Any waiver shall include alternative measures that, under the circumstances, will allow the facilities to treat legally isolated patients while protecting public health and safety. Any facilities being granted a waiver shall be established and operated in accordance with the facility's required disaster and mass casualty plan. Any waivers granted pursuant to this paragraph shall be posted on the Department's website. 11. To support consistent practices across California, state departments, in coordination with the Office of Emergency Services, shall provide updated and specific guidance relating to preventing and mitigating COVID-19 to schools, employers, employees, first responders and community care facilities by no later than March l 0, 2020. 12. To promptly respond for the protection of public health, state entities are, notwithstanding any other state or local law, authorized to share relevant medical information, limited to the patient's underlying health conditions, age, current condition, date of exposure, and possible contact tracing, as necessary to address the effect of the COVID-19 outbreak with state, local, federal, and nongovernmental partners, with such information to be used for the limited purposes of monitoring, investigation and control, and treatment and coordination of care. The Attachment 1 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 13 notification requirement of Civil Code section 1798.24, subdivision (i), is suspended. 13. Notwithstanding Health and Safety Code sections 1797 .52 and 1797.218, during the course of this emergency, any EMT-P licensees shall have the authority to transport patients to medical facilities other than acute care hospitals when approved by the California EMS Authori'ty. In order to carry out this order. to the extent that the provisio1s of Health and Safety Code sections 1797 .52 and 1797.218 may prohibit EMT-P licensees from transporting patients to facilities other than acute care hospitals, those statutes are hereby suspended until the termination of this State of Emergency. 14.The Department of Social Services may, to the extent the Department deems necessary to respond to the threat of COVID-19, waive any provisions of the Health and Safety Code or Welfare and Institutions Code, and accompanying regulations. interim licensing standards, or other written policies or procedures with respect to the use, licensing, or approval of facilities or homes within the Department's jurisdiction set forth in the California Community Care Facilities Act (Health and Safety Code section 1500 et seq.), the California Child Day Care Facilities Act (Health and Safety Code section 1596.70 et seq.). and the California Residential Care Facilities for the Elderly Act (Health and Safety Code section 1569 et seq.). Any waivers granted pursuant to this paragraph shall be posted on the Department's website. I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation. IN WITNESS WHEREOF I have hereunto se·; my hand and caused the Great Seal of the State of Cal! affixed this 4th day ATTEST: ALEX PADILLA Secretary of State Attachment 1 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 14 Attachment 2 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 15 county review and renew proclamations of local emergency and declarations of local health emergencies as set forth in the governing statutory law; and (2) applicable provisions of the Government Code and Public Contract Code, including but not limited to those provisions related to travel, advertising, and competitive bidding requirements in order to address the effects of COVID-19. 5.On March 11, 2020, the WHO declared COVID-19 to be a pandemic, presently affecting six continents where sustained transmission of the virus has infected more than 120,000 people and killed more than 4,300 worldwide. 6.The number of reported cases of COVID-19 has escalated dramatically over a short period of time; for instance, as of March 12, 2020, the World Health Organization has reported 127,863 confirmed cases of COVID-19 worldwide, with 80,932 cases in China and the remaining 46,931 cases in 116 other countries; there have been 3, 169 deaths in mainland China due to COVID-19, and another 1,549 deaths in other countries (4,718 worldwide); as of March 10, 2020. 7.Cases of COVID-19 have now been identified in the following California counties: Alameda, Contra Costa, Los Angeles, Monterey, San Diego, Santa Clara, Santa Cruz, Sacramento, Solano, and the City and County of San Francisco. Each of these counties have made declarations of local health emergency or proclamations of local emergency. 8.Currently, there is no vaccine or specific antiviral treatment for COVID-19. 9.The best information to date indicates the following: (1) the virus is spread between people primarily via respiratory droplets produced when an infected person coughs or sneezes; (2) symptoms of the virus include fever, cough, and shortness of breath; (3)infected individuals have experienced a range of outcomes, from mild sickness to severe illness and death; and (4) the CDC believes that symptoms appear two to fourteen days after exposure. 10.In order to protect public health and limit the spread of COVID-19 in the United States, the CDC recommends that travelers avoid all nonessential travel to countries with sustained transmission. Page 2 of 3 Attachment 2 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 16 11.On March 12, 2020, the Governor of the State of California issued an Executive Order to cancel or postpone non-essential mass gatherings that bring people together in a single room or single space at the same time. 12.In light of the foregoing, the Health Officer of the County of San Luis Obispo has determined that there is an imminent and proximate threat to public health from the likely introduction of COVID-19 in San Luis Obispo County, and has issued a declaration of a local health emergency in order to best protect the public health. NOW, THEREFORE, I HEREBY PROCLAIM A LOCAL EMERGENCY pursuant to the California Emergency Services Act (starting with Government Code Section 8550) and Chapter 2.80 of Title 2 of the San Luis Obispo County Code, in the entire area of the County of San Luis Obispo due to the existence of conditions of extreme peril to the safety of persons within the entire area of the county caused by an imminent and proximate threat to public health from the likely introduction of COVID-19 in San Luis Obispo County, and do hereby invoke all of the powers and mechanisms set forth in the California Emergency Services Act and in the San Luis Obispo County Code Chapter 2.80, and hereby order that: 1.All of said powers and mechanisms set forth in section 2.80 may hereafter be utilized by authorized personnel of the County of San Luis Obispo; 2.A copy of this Proclamation of Local Emergency be posted on all outside public access doors of the new County Government Center and in one public place within any area of the County of San Luis Obispo within which this Proclamation applies, and that personnel of said county shall endeavor to make copies of this Proclamation available to news media; 3.This Proclamation of Local Emergency shall be effective immediately and shall be ratified by the Board of Supervisors within seven Date: I:!, ta..l>JLC,I\ 'to1.0 ,� WADE HORTON Emergency Service Director Time: 1 O:OOAM Page 3 of 3 Attachment 2 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 17 DocuSign Envelope ID: FC4FB7FE-9559-4B2D-A73D-1279600814 78 RESOLUTION NO. 11099 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY WITHIN THE CITY OF SAN LUIS OBISPO RELATED TO THE PANDEMIC OF VIRUS KNOWN AS COVID-19; AFFIRMING THE PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR RELATED TO ALCOHOL SERVING BUSINESSES ON SAINT PATRICK'S DAY; ENACTING EMERGENCY DELAYS ON EVICTIONS; AND, ACTING CONCURRENTLY IN ITS CAPACITY AS THE CITY OF SAN LUIS OBISPO DISASTER COUNCIL, APPROVING THE PANDEMIC ANNEX OF THE CITY'S EMERGENCY OPERATIONS PLAN 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 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 WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, caused by confirmed cases and the 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 ofa 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, are included as though fully set forth herein; and WHEREAS, San Luis Obispo Municipal Code Section 2.24.080 provides for the development of an Emergency Operations Plan and the City has adopted an Emergency Operations Plan and the Emergency Services Director and Department Heads have prepared a "Pandemic" Annex; and WHEREAS, Pursuant to San Luis Obispo Municipal Code Section 2.24.030, the City Council is also designated as the Disaster Council of the City, and pursuant to Section 2.24.040, the Disaster Council is empowered to review and approve the emergency plans of the City and is requested to review and approve the Pandemic Annex, as attached hereto as Exhibit A. R 11099 Attachment 3 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 18 DocuSign Envelope ID: FC4FB7FE-9559-482D-A73D-1279600814 78 Resolution No. 11099 (2020 Series) Page 2 WHEREAS, the conditions of extreme peril concerning the spread of COVID-19 warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS, Governor Newsom has directed that all jurisdictions should limit gatherings to 250 people or less, and that bars, pubs, and wineries in the state should close; and the Centers for Disease Control has advised against gatherings of more than 10 people in order to mitigate against the spread of COVID-19 for the next eight weeks; the City Emergency Services Director and County Emergency Services Director have issued orders prohibiting the service of alcohol for specified periods to deter public gatherings; 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, City resources, in the absence of this declaration, could be severely impacted in that the City's Fire Department responds to health emergencies, and the Police Department will have added emergency management duties, all such that the City of San Luis Obispo and its neighboring jurisdictions are likely to require mutual aid assistance; and WHEREAS, in many other locations that are currently suffering an epidemic, testing has showed that the virus has the ability to spread fast and result 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 the emergence of confirmed cases of COVID-19 and immediate action must be taken upon the first notice that the virus is present in the County of San Luis Obispo, and rapid response not lending itself to otherwise applicable notice and approval timelines is 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, WHEREAS, the economic impacts of restrictions imposed and implemented by employers for the prevention of spread of COVID-19 are likely to result in economic hardship on residential and commercial renters in California, making eviction for inability to pay rent more likely and potentially resulting in increased levels of housing insecurity, homelessness and business failures likely to exacerbate the impacts of the COVID -19 pandemic; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that: R 11099 Attachment 3 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 19 DocuSign Envelope ID: FC4FB7FE-9559-4B2D-A73D-127960081478 Resolution No. 11099 (2020 Series) Page 3 SECTION 1. A local emergency now exists throughout the City, and the City has been and will be undertaking necessary measures and incurring necessary costs, continuously until the cessation of this emergency, which are directly related to the prevention of the spread of the COVID-19 Virus and are taken in furtherance of 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 2. The Pandemic Annex attached to this Resolution as Exhibit A is hereby adopted by the City Council, acting in its capacity as the Disaster Council of the City, pursuant to San Luis Obispo Municipal Code 2.24.040. 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 Emergency Services Director is further expressly authorized to make any and all modifications to City paid leave policies as are deemed necessary to support continuity of City services, including, but not limited to: the authorization of use of employee sick leave in excess of otherwise applicable restrictions, to the extent necessary to allow for employees to care for household family members or minor children requiring care as the result of the COVID-19 virus and related facilities closures; and the authorization of paid administrative leave to facilitate necessary employee quarantine periods or medically directed treatment to prevent the transmission or spread of the COVID-19 virus in the workplace. The Emergency Services Director may promulgate guidelines and employee advisories as necessary to further define and implement any modifications or paid leave time authorizations pursuant to this authorization. SECTION 5. Emergency Services Director Proclamation No. 1 (2020 Series) (Exhibit B) regulating alcohol serving businesses related to the Saint Patrick's Day holiday is hereby affirmed. SECTION 6. The City hereby adopts all limitations on eviction authorized by, and subject to limitations set forth in, Executive Order N-28-20, (attached hereto as Exhibit C) in order to provide eviction protections authorized therein to the residents of the City; such restrictions shall be in place until May 31, 2020 or such other time as may hereafter be specified by the City Council. SECTION 7. 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. R 11099 Attachment 3 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 20 OocuSign Envelope ID: FC4FB7FE-9559-4B20-A73D-127960081478 Resolution No. 11099 (2020 Series) Page 4 SECTION 8. A copy of this order and regulation 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 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. 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 approved this 17 th day of March 2020. ATTEST: Docu8ignod by: JIJ.hu,�?ul,,>�����������ef�9l°P'"Jf Pl'lfgtOil City Clerk APPROVED AS TO FORM: 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 17th day of March 2020. eresa urrmg on City Clerk R 11099 Attachment 3 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 21 EXECUTIVE DEPARTMENT STATE OF CALIFORNIA EXECUTIVE ORDER N-33-20 WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS in a short period of time, COVID-19 has rapidly spread throughout California, necessitating updated and more stringent guidance from federal, state, and local public health officials; and WHEREAS for the preservation of public health and safety throughout the entire State of California, I find it necessary for all Californians to heed the State public health directives from the Department of Public Health. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California , in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8627, and 8665 do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: l)To preserve the public health and safety, and to ensure the healthcare delivery system is capable of serving all, and prioritizing those at the highest risk and vulnerability, all residents are directed to immediately heed the current State public health directives, which I ordered the Department of Public Health to develop for the current statewide status of COVID-19. Those directives are consistent with the March 19, 2020, Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, found at: https://covidl 9.co.qov/. Those directives follow: ORDER OF THE STATE PUBLIC HEALTH OFFICER March 19, 2020 To protect public health, I as State Public Health Officer and Director of the California Department of Public Health order 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, as outlined at ht tps://www.cisa.gov/ide ntifying-critical-intras tru cture-d urinq-covid .12. In addition, and in consultation with the Director of the Governor's Office of Emergency Services, I may designate additional sectors as critical in order to protect the health and well-being of all Californians. Pursuant to the authority under the Health and Safety Code 120125, 120140, 131080, 120130[c), 120135, 120145, 120175and 120150,this order is to go into effect immediately and shall stay in effect until further notice. The federal government has identified 16 critical infrastructure sectors whose assets, systems , and networks, whether physical or virtual. are considered so vital to the United States that their incapacitation or Attachment 4 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 22 destruction would have a debilitating effect on security, economic security, public health or safety, or any combination thereof. I order that Californians working in these 16 critical infrastructure sectors may continue their work because of the importance of these sectors to Californians' health and well-being. This Order is being issued to protect the public health of Californians. The California Department of Public Health looks to establish consistency across the stotA in order to ensure that we mitigate tho impact of COVID-19. Our qoul i:, ,ir nµle, we want to bend th A curve, and disrupt the spread of the virus. Tho supply chain must continuo. u11J Culifornlnns must have access lo such necessities as food, prescriptions, urid health care. When people need to leave their homes or places of residence. whether to obtain or perform the functions above, or to otherwise facilitate authorized necessary activities, they should at all times practice social distancing. 2)The healthcare delivery system shall prioritize services to serving those who are the sickest and shall prioritize resources, including personal protective equipment, for the providers providing direct care to them. 3)The Office of Emergency Services is directed to take necessary steps to ensure compliance with this Order. 4)This Order shall be enforceable pursuant to Califon iio luw, including, but not limited to. Government Code section 8665. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments. entities. officers, employees, or any other person. IN WITNESS WHEREOF I have ALEX PADILLA Secretary of State ,-:.;: - Attachment 4 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 23 DocuSign Envelope ID: 181 CABC8-F5F0-494E-AC28-BB255688B679 RESOLUTION NO. 11106 (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 IMPOSING A CITY WIDE SAFETY ENHANCEMENT ZONE AND ENHANCED PENAL TIES UP TO $1000 FOR VIOLATION OF A PUBLIC HEALTH ORDER OR ANY VIOLATION SET FORTH IN CHAPTER 9.22 OF THE SAN LUIS OBISPO MUNICIPAL CODE 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 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 18, 2020: the City of San Luis Obispo Emergency Services Director issued Proclamation No. 2 related to the closure of alcohol establishments and limitations on dine-in service for restaurants and other food and beverage establishments; and the San Luis Obispo County Emergency Services Director issued Local Emergency Order and Regulation Nos. 3 and 4 providing for suspension of commencement of evictions related to COVID-19 and mandatory shelter at home regulations, respectively; 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, as outlined at https://www. ci sa. gov/identi fying-critical-infrastructure-during-covid-19 ; 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 R 11106 Attachment 5 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 24 DocuSign Envelope ID: 181 CABC8-F5F0-494E-AC28-BB255688B679 Resolution No. 11106 (2020 Series) Page 2 WHEREAS, the County Emergency Services Director and Public Health Officer have evaluated the continuing public health need for the mandatory shelter at home Order and related actions and determined that there is a continuing need to maintain Regulation No. 4 in place in order to mitigate the continuing spread of the COVID-19 pandemic within the County; and WHEREAS, in accordance with the Governor's Executive Order N-28-20 and San Luis Obispo County's Local Emergency Orders and Regulations Nos. 3 and 4, there remains an urgent need to issue limitations on the authority of landlords to commence evictions of tenants within the jurisdiction of the City in order to protect the health, safety and welfare citizens within the jurisdiction of the City in light of the proclaimed State and local emergency and the declared local public: heallh erm:rgt::m.:y n:ganling lhe COVID-19 pandemic; 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, the Council previously added Chapter 9.22 to the Municipal Code designating specific geographical areas as safety enhancement zones during specified times, and imposed double fines for violations of the Municipal Code in those zones and times, in order to protect the public health, welfare and safety; and WHEREAS, Section 9.22.040 B of that chapter designated the entire area within the city limits of San Luis Obispo as a safety enhancement zone from 12:01 a.m. on March 17th (St. Patrick' s Day) until seven a.m. on March 18th of each year; and WHEREAS, Section 9.22.010 provides that "[t]he city council may by ordinance, or by resolution upon a finding that there is a need to take immediate action to protect the public health, safety and welfare, designate a specific geographical area as a "safety enhancement zone" and specify the date and/or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of the San Luis Obispo Municipal Code." WHEREAS, persons congregating in groups in violation of any lawful public health or emergency order and/or engaging in the behaviors prohibited in Section 9.22.0208 pose a direct health and public safety threat by increasing the risk of spread of COVID-19, which presents a need for immediate action; and R 11106 Attachment 5 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 25 DocuSign Envelope ID: 181 CABC8-F5F0-494E-AC28-BB255688B679 Resolution No. 11106 (2020 Series) Page 3 WHEREAS, the immediate threat to public health would be reduced by enhanced penalties for violations and it is in the interest of public health and safety to designate a "safety enhancement zone" throughout the jurisdictional boundaries of the City of San Luis Obispo, during all days and times during which any proclamation of local emergency and/or shelter at home order is in effect in the City or County of San Luis Obispo, specifically, double fines for violations of the Municipal Code, and by the imposition of immediate fines not to exceed $1000 for violation of any public health order, in the City and at all such times, in order to protect the public health, welfare ,and safety and discourage groups of individuals engaging in behaviors, inconsistent with physical distancing regulations, which increase the risk of the spread of COVID-19; 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; 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 is still deemed to be beyond the control of normal protective service, personnel, equipment, and facilities of and within the City; and SECTION 3. 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 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. R 11106 Attachment 5 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 26 DocuSign Envelope ID: 181 CABC8-F5F0-494E-AC28-BB255688B679 Resolution No. 11106 (2020 Series) Page4 SECTION 4. 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 5. The period of Local Emergency is expressly extended until April 30, 2020, and shall be deemed to continue to exist, and along with all other actions previously acknowledged and declared to be enforceable within the City pursuant to State and Local Emergency orders, the Proclamation of Local Emergency adopted by the City Council on March 17, 2020, shall continue until terminated by the City Council of the City of San Luis Obispo or its Emergency Services Director. SECTION 6. Pursuant to Chapter 9.22 of the Municipal Code, a city wide safety enhancement zone shall be m effect at all days and times for the entire City of San Luis Obispo for the period that a local emergency or shelter at home order regarding COVID-19 is effect and all violations specified in Section 9.22.0208 and any violation of any public health order shall be subject to an immediate fine not to exceed one thousand dollars. R 11106 Attachment 5 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 27 DocuSign Envelope ID: 181 CABC8-F5F0-494E-AC28-BB2556888679 Resolution No. 11106 (2020 Series) Page 5 SECTION 7. 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 Stewart, 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 approved this 7th day of April 2020. G7z;:b� He'Rlf8A��g{�i3-·Mayor ATTEST: DocuSfgned by: J::�;:;:it.�ere a urrmg on City Clerk APPROVED AS TO FORM: (;-� �rsti'ife"""'iiite�.1-ri_c_k���������- 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 4/8/2020����������- DocuSigned by: J:.:�;:;;:¢" ere a urnng on City Clerk R 11106 Attachment 5 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 28 EXECUTIVE ORDER N-60-20 WHEREAS on March 4, 2020. I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS on March 19, 2020, I issued Executive Order N-33-20, which directed all California residents to immediately heed current State public health directives; and WHEREAS State public health directives, available at https://covidl 9 .co.gov/stay-home-except-for-essential-needs/. have ordered all California residents stay home except for essential needs, as defined in State public health directives; and WHEREAS COVID-19 continues to menace public health throughout California; and WHEREAS the extent to which COVID-19 menaces public health throughout California is expected to continue to evolve, and may vary from place to place within the State; and WHEREAS California law promotes the preservation of public health by providing for local health officers-appointed by county boards of supervisors and other local authorities-in addition to providing for statewide authority by a State Public Health Officer; and WHEREAS these local health officers. working in consultation with county boards of supervisors and other local authorities, are well positioned to understand the local needs of their communities; and WHEREAS local governments are encouraged to coordinate with federally recognized California tribes located within or immediately adjacent to the external geographical boundaries of such local government jurisdiction; and WHEREAS the global COVID-19 pandemic threatens the entire State, and coordination between state and local public health officials is therefore, and will continue to be, necessary to curb the spread of COVID-19 throughout the State; and WHEREAS State public health officials have worked, and will continue to work, in consultation with their federal. state, and tribal government partners; and WHEREAS the State Public Health Officer has articulated a four-stage framework-which includes provisions for the reopening of lower-risk businesses and spaces ("Stage Two"), to be followed by the reopening of higher-risk businesses and spaces ("Stage Three")-to allow Californians to gradually resume various activities while continuing to preserve public health in the face of COVID-19; and Attachment 6 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 29 WHEREAS the threat posed by COVID-19 is dynamic and ever-changing, and the State's response to COVID-19 (including implementation of the four stage framework) should likewise retain the ability to be dynamic and flexible; and WHEREAS to preserve this flexibility, and under the provisions of Government Code section 8571, I find that strict compliance with the Administrative Procedure Act, Government Code section 11340 et seq., would r,rP.vP.nt, hinder. or delay appropriate actions to prevent and mitigate the ettects ot the COVllJ-19 pandemic. NOW, THEREFORE, I, GA VIN NEWSOM, Governor of the State of California, in accordance with thA rnithority vAstArl in mA hy thA StotP. Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, 8627, and 8665; and also in accordance with the authority vested in the State Public Health Officer by the laws of the State of California, including but not limited to Health and Safety Code sections 120125, 120130, 120135, 120140, 120145, 120150, 120175, and 131080; do hereby issue the following Order to become effective immediately: IT IS HEREBY ORDERED THAT: l)All residents are directed to continue to obey State public health directives, as made available at https://covid19.co.gov/stoy-home except-for-essentiol-needs/ and elsewhere as the State Public Health Officer may provide. 2)As the State moves to allow reopening of lower-risk businesses and spaces ("Stage Two"), and then to allow reopening of higher-risk businesses and spaces ("Stage Three"), the State Public Health Officer is directed to establish criteria and procedures-as set forth in this Paragraph 2-to determine whether and how particular local jurisdictions may implement public health measures that depart from the statewide directives of the State Public Health Officer. In particular, the State Public Health Officer is directed to establish criteria to determine whether and how, in light of the extent to which the public health is menaced by COVID-19 from place to place within the State, local health officers may (during the relevant stages of reopening) issue directives to establish and implement public health measures less restrictive than any public health measures implemented on a statewide basis pursuant to the statewide directives of the State Public Health Officer. The State Public Health Officer is further directed to establish procedures through which local health officers may {during the relevant stages of reopening) certify that, if their respective jurisdictions are subject to proposed public health measures (which they shall specify to the extent such specification may be required by the State Public Health Officer) that are less restrictive than public health measures implemented on a statewide basis pursuant to the statewide directives of the State Public Health Officer, the public health will not be menaced. The State Public Health Officer shall additionally establish procedures to permit, in a manner consistent with public health and Attachment 6 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 30 safety, local health officers who submit such certifications to establish and implement such less restrictive public health measures within their respective jurisdictions. The State Public Health Officer may, from time to time and as she deems necessary to respond to the dynamic threat posed by COVID- 19, revise the criteria and procedures set forth in this Paragraph 2. Nothing related to the establishment or implementation of such criteria or procedures, or any other aspect of this Order, shall be subject to the Administrative Procedure Act, Government Code section 11340 et seq. Nothing in this Paragraph 2 shall limit the authority of the State Public Health Officer to take any action she deems necessary to protect public health in the face of the threat posed by COVID-19, including (but not limited to) any necessary revision to the four-stage framework previously articulated by the State Public Health Officer. 3)Nothing in this Order shall be construed to limit the existing authority of local health officers to establish and implement public health measures within their respective jurisdictions that are more restrictive than, or that otherwise exist in addition to, the public health measures imposed on a statewide basis pursuant to the statewide directives of the State Public Health Officer. IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 4th day of May 2020. GA VIN NEWSOM Governor of California ATTEST: ALEX PADILLA Secretary of State Attachment 6 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 31 ORDER OF THE STATE PUBLIC HEALTH OFFICER May 7, 2020 On March 19, 2020, I issued an order directing all individuals living in the State of California to stay at home except as needed to facilitate authorized, necessary activities or to maintain the continuity of operations of critical infrastructure sectors. (See h tt ps://covid 19 .ca.gov /stay-home-except-for-essential-needs/.) I then set out California's path forward from this "Stay-at-Home" Order in California's Pandemic Roadmap htt ps://www.qov.ca.gov/wp- conten t /uploads/2020/05/ 5.4.20-U pdate-on-Californias-Pandemic Roadmap.pdf .That Roadmap identifies four stages of the pandemic: safety and preparation (Stage 1), reopening of lower-risk workplaces and other spaces (Stage 2), reopening of higher-risk workplaces and other spaces (Stage 3), and finally an easing of final restrictions leading to the end of the stay at home order (Stage 4). Today, COVID-19 continues to present a significant risk to the health of individuals throughout California. There are confirmed cases of the virus in 54 of the 58 counties across the State, and each day over the past two weeks over one thousand new cases have been confirmed in California and dozens of people have lost their lives due to the virus. However, owing to Californians' mitigation efforts, statewide data currently demonstrates stable rates of new infections and hospitalizations, the maintenance of surge capacity, and an improved ability to test, contact trace, isolate, and provide support to individuals exposed to COVID-19. As State Public Health Officer, I have determined that the statewide data now supports the gradual movement of the entire state from Stage 1 to Stage 2 of California's Pandemic Resilience Roadmap. Attachment 6 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 32 Gradual movement into Stage 2 is intended to reintroduce activities and sectors in a phased manner and with necessary modifications, in order to protect public health and result in a lower risk for COVID-19 transmission and outbreak in a community. Such deliberate phasing is critical to allowing the State to protect the public, and to mitigate and manage the impact of the re-openings, such that our health care delivery system has the capacity to respond to potential increased demands. Differences across the state in the prevalence of COVID- 19, as well as testing rates, containment capability, and hospital capacity, have resulted in differences amonq local health jurisdictions' ability to safely proqress through the various stages. The low and stable data reported by some local health officers in their local health jurisdictions, combined with sufficient COVID- 19 preparedness, justifies allowance for some variation in the speed with which some local health jurisdictions will be able to move through the phases of Stage 2. NOW, THEREFORE, I as State Public Health Officer and Director of the California Department of Public Health, order: 1 . All local health jurisdictions in the state may begin gradual movement into Stage 2, as set forth in this Order, effective on May 8, 2020; however, a local health jurisdiction may implement or continue more restrictive public health measures if the jurisdiction's Local Health Officer believes conditions in that jurisdiction warrant it. 2. I will progressively designate sectors, businesses, establishments, or activities that may reopen with certain modifications, based on public health and safety needs, and I will add additional sectors, businesses, establishments, or activities at a pace designed to protect public health and safety. Those sectors, businesses, establishments, or activities that are permitted to open will be designated, along with necessary modifications, at https://covidl9.ca.gov/roadmap/, as I announce them. 3.To the extent that such sectors are re-opened, Californians may leave their homes to work at, patronize, or otherwise engage with those businesses, establishments, or activities and must, when they do so, continue at all times to practice physical distancing, minimize their time outside of the home, and wash their hands frequently. To prevent further spread of COVID-19 to and within other jurisdictions within the State, Californians should not travel significant distances and should stay close to home. My March 19, 2020, Order otherwise remains in full effect. Attachment 6 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 33 4.The California Department of Public Health has set forth criteria to help local health officers assess the capacity of their local health jurisdictions to move through Stage 2. Local health jurisdictions that meet the criteria and follow the process set forth https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID- l 9 /COVID-19-County-Variance-A ttestation-Memo.aspx will be permitted to move through Stage 2 more quickly than the State as a whole and reopen additional low-risk businesses before the rest of the state, if they choose to do so. A list of the sectors, businesses, establishments, or activities, and any necessary modifications, that such a qualifying jurisdiction may choose to reopen will be available at https://covid 19 .ca.gov /roadmap-coun ties/, and may be expanded if I deem it to be in the interest of public health and safety. Pursuant to the authority under EO N-60-20, and Health and Safety Code sections 120125, 120140, 131080, l 20130(c), 120135, 120145, 120175 and 120150, this Order is to go into effect immediately and shall stay in effect until further notice. This Order is being issued to protect the public health of Californians as we move as expeditiously to minimize risk to the extent possible throughout the Stages of the Pandemic Resilience Roadmap. _··� Sonia Y Angell, MD, MPH State Public Health Officer & Director California Department of Public Health Attachment 6 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 34 Public Information/Complaints on Violations of Emergency Order The City is experiencing an increase in public calls reporting businesses and/or community members that are violating the State/ City Emergency order. The incorporated city Police Chiefs and SLO County Sheriff agree that criminal enforcement should be the last resort and only if the event is an immediate safety risk to citizens. The City of San Luis Obispo plans to move forward with an enforcement plan, through possible administrative action against the business license and/or use permit of those businesses operating illegally. The City will establish a call line for complaints. City employees will staff the phone lines. Operators will be assigned to answer phone lines. A dedicated informational and complaint phone line will be activated. All calls will be taken by two or more operators who are city employees. The caller will receive instructions and options via an automated phone tree: a. If this is an emergency, please hang up and call 911. b. If you are a business owner/self‐employed and calling to inquire if you can remain open for business (Press 1) c. If you are calling to inquire about the operational status of a business or to report a business, you believe is in violation of the emergency order (Press 2) d. If you are calling with questions regarding allowed individual activity during the Shelter at Home order (Press 3 Recording Only) e. If you are calling about a neighbor or community location that you believe is in violation of the emergency order (Press 4 PD Transfer) Protocols for phone tree 1. If option 1 is selected the call will be transferred to a recording directing them to fill out the online form which forwards to City Admin for approval. Wallace to update spreadsheet with result. Steeb to flag non‐essential businesses in Spillman daily. 2. If option 2 is selected the call will be forwarded to a call taker. Get the name of the business, address of the business, and type of business If the call taker can determine the essential status by name and type, inform caller that it is essential and able to operate with social distancing regulations and end call. If the call taker is unable to determine if the business is essential by type, first check against the spreadsheet to determine if the business has been given a warning. If no warning has been given, call the business owner and give verbal warning and document on the spreadsheet. If no warning has been given and the business believes they are an “essential business” guide them to the online “Essential Business Request Form” for Admin review. Attachment 7 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 35 If no answer when calling, enter “No Answer” in spreadsheet and contact Dispatch at x7312. If the business has received a warning per the spreadsheet, contact Dispatch at x7312. If the business is not permitted to operate, and the call taker receives an answer upon calling the business...follow the script... If the business has not received a prior written warning, contact Dispatch at x7312. They will build a call and an officer will respond and issue written warning. Verbal warnings shall be logged on the spreadsheet. Written warnings and citations to businesses shall be scanned and emailed to Wallace for spreadsheet updates. 3. If option 3 is selected the call will be forwarded to a prerecorded message directing callers to “ReadySLO.org” 4. If option 4 is selected the call will be transferred to police dispatch to determine if a call for service needs to be created. Attachment 7 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 36 Communication, Education and Enforcement for Reopening Businesses in the City of SLO Updated 8‐18‐20 The communication, education and enforcement of State, County and City requirement and guidelines to the business community is a shared responsibility across several teams. The primary players are Administration with the Business Reopening Ambassador program (BRAP) managed by the Economic Development Manager, Community Development through Code Enforcement, and the Police Department (PD). At a tactical level, the three teams are working as envisioned through the Business and Community Hotline Phone Tree. As we have progressed to following the States Resilience Roadmap a clarification and further definition will help to avoid any ambiguity. The following is an outline for the various types of questions and complaints based on the current phone tree: Option 1: Questions from Businesses about Reopening: Managed under the BRAP through the Interim Economic Development Manager and is also available via the “Business Reopening Inquiry Form” on the Website. The team also has direct contact with businesses via phone and email and through the business groups like Reach, The Chamber and DTSLO. The BRAP can also answer internal questions from Code Enforcement, the Police Department, or other departments as it relates to business reopening. The primary functions of the BRAP are communication and education. The team would have a limited role in enforcement unless used as a “courtesy call” situation when there is not a complaint through normal channels, not a clear violation of performing a service or activity that is not allowed or other gray areas. Option 2: Complaints from Citizens or other Businesses about violations of State, County or City rules or guidelines as it relates to COVID 19. Handled by Code Enforcement and logged in the call log. Generally treated as an education opportunity. Repeat offenders are referred by Code Enforcement to PD for follow up. Option 3: Personal Activity Questions: Goes to a recording Option 4: Related to issues with neighbors or people in public spaces. Goes to PD and they log and follow‐up. Enforcement Process: The general principle is that people will do the right thing. When situations arise and they are communicated to the City and determined to be an actual violation of the higher level activities that can be undertaken under the State and County Guidelines (Business open that should not be or activity being performed that should not be like in store shopping when only curbside pick up is allowed.) the process is: ‐ Code enforcement call to address ‐ If the activity continues; Code Enforcement refers to PD, ‐ Warning by PD (verbal) ‐ If the activity continues; Escalation from PD via incident report to City Attorney for review with appropriate City Management (potential for Temporary Restraining Order (TRO) or Administrative Citation). ‐ If the activity continues addition actions will be taken as needed. Violations of lower level guidelines of a “check list” items like social distancing, signage etc., would follow a similar process with an additional step of a call by the BRAP if it is early in a stage or an easily correctable violation that doesn’t pose any imminent threat to public health. Attachment 8 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 37 Communication, Education and Enforcement for Reopening Businesses in the City of SLO Updated 8‐18‐20 Examples (for reference): Villa Automotive: Essential business allowed to be open with an unofficial complaint on a “checklist item”. Courtesy call by the BRAP. Downtown businesses in the Tribune Article: Follow up by Code enforcement. Club 24: Activity continued and was escalated as needed. Attachment 8 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 38 Communication, Education and Enforcement for Reopening Businesses in the City of SLO Updated 11-30-20 OUTCOME: The desired outcome is compliance with state and county issued public health guidance and standards to minimize the spread of COVID-19. The communication, education and enforcement of State, County and City requirement and guidelines to the business community is a shared responsibility across several teams. The primary participants are 1) Administration with the Business Reopening Ambassador program (BRAP) managed by the Economic Development Manager, 2) Community Development through Code Enforcement, and the 3) Police Department (PD). At a tactical level, the three teams are working as envisioned through the Business and Community Hotline Phone Tree. As we have progressed to following the States Resilience Roadmap, the clarifications and definitions included here are intended to help avoid any ambiguity. The following is an outline for the various types of questions and complaints based on the current phone tree: Phone Tree Options: Option 1: Questions from Businesses about Reopening: This option is managed under the BRAP through the Interim Economic Development Manager and is includes questions asked via the “Business Reopening Inquiry Form” on the Website. The team has direct contact with businesses via phone and email and through business groups like Reach, SLO Chamber of Commerce, and DTSLO. The BRAP can also answer internal questions from Code Enforcement, the Police Department, or other departments as it relates to business reopening. The primary functions of the BRAP are communication and education. The team would have a limited role in enforcement unless used as a “courtesy call” situation, which may happen when there is no complaint through normal channels and/or no clear violation with respect to the services or activities offered by the business. Option 2: Complaints from Citizens or other Businesses about violations of State, County or City rules or guidelines: Handled by Code Enforcement and logged in the call log. Generally treated as an education opportunity. Repeat offenders receive an on-site visit by Code Enforcement for verification and documentation of violation. Based on severity/repetitiveness of violation, Code Enforcement will determine the appropriate enforcement action (e.g. education/warning, Notice of Violation, immediate citation). Option 3: Personal Activity Questions: Goes to a recording Option 4: Related to issues with neighbors or people in public spaces. Goes to PD and they log and follow up. Enforcement Process for Businesses: The general principle is that people will do the right thing when provided with clear direction, and immediate enforcement action will be taken when there are “Egregious Violations” (See below for definition). When a complaint is received or a violation is observed, and the City determines there to be an actual violation of the activities that can be undertaken under the State and County Guidelines (i.e. a Attachment 9 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 39 Communication, Education and Enforcement for Reopening Businesses in the City of SLO Updated 11-30-20 business is open that should not be, or an activity/service is being performed that should not be) the process is: 1. Code enforcement call to address and issues verbal warning 2. Code Enforcement conducts on site visit to document if the violation has been resolved, and if not reiterates warning and potentially issues a Notice of Violation. 3. If additional complaints are received and Code Enforcement verifies ongoing violation, an administrative citation will be issued and progressive enforcement will continue until the violation is resolved. 4. Egregious violations, as defined below, may proceed directly to citation and progressive enforcement. Violations of lower level guidelines of “check list” items like social distancing, signage etc., would follow a similar process with an additional step of a call by the BRAP if it is early in a stage or an easily correctable violation that doesn’t pose any imminent threat to public health. “Egregious Violations” as defined here, may proceed directly to enforcement with citations and other available enforcement tools. 1. Egregious is defined as: Conspicuous, flagrant, intentional. 2. Egregious violations of Covid-19 health orders occur when: a. Progressive enforcement does not result in compliance i. Progressive enforcement constitutes initial contact with the business for educational purposes, ii. Issuance of a Notice of Violation if the violation is confirmed, iii. Issuance of one or more citations to enforce the notice of violation. iv. When these actions do not result in compliance, the violation can be considered Egregious. b. Public statements are made about the intent to violate a public health order, and the violation is carried out i. Public statements made by a business representative that indicate knowledge of the rule and the intent to violate are sufficient to constitute an egregious violation once the violation occurs. ii. In this case, progressive enforcement is not necessary due to public harm and confusion that could be caused from the advertisement and provision of a service not allowed under public health order. Examples (for reference): Villa Automotive: Essential business allowed to be open with an unofficial complaint on a “checklist item”. Courtesy call by the BRAP. Downtown businesses in the Tribune Article: Follow up by Code enforcement. Club 24: Activity continued and was escalated as needed. Attachment 9 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 40 Communication, Education and Enforcement for Reopening Businesses in the City of SLO Updated 11-30-20 *Hotline complaints and county referred complaints will be on separate spreadsheet. Code will enter complaints into Energov **If individuals are not wearing masks outside there are several factors that could be present that do not make this a violation. PD will respond to reports of multiple individuals gathering in public at a fixed location not wearing a mask. Officers will investigate and take appropriate action, with a strong emphasis on education. Attachment 9 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 41 12345Date complaint rcvdBusiness Name Business AddressBusiness Contact NameBusiness Phone numberBusiness Email Caller handlerDetermined essential by call taker?Essential as determinedby city/county?Fwd to Essential Business Request FormVerbal warning (Date)Fwd to Dispatch (Date)Written/Verbal warning (Date)Written warning (Officer6 06/24/20 Kennedy Club 188 Tank Farm Brett 805‐781‐3488SSFrom County‐Workers and customers not wearing masksLeft message 6/25 @ 1402. Returned call @ 1604 stating that they have signs posted that masks are required. They are doing what they can to enforce but sometimes people remove them while socially distanced and exercising. Employees are wearing masks. Stated some have a medical condition that makes them unable to.7 06/29/20 Kennedy Club 188 Tank FarmSSFrom County‐Workers and customers not wearing masks8 7/10/20 Kennedy Club 188 Tank FarmSSFrom County‐Customers not wearing masks7/14/2020Called 6/24. Reffered to dispatch as second complaint. Sgt Shalhoob advised and logged for info for officers. CS9 07/31/20 Kennedy Club 188 Tank Farm MasonSSOutdoor equipment not spaced 6' apartStated equipment was spaced 6' apart. Advised PD may verify further complaints.10 07/31/20 Kennedy Club 188 Tank FarmSSFrom County‐Distancing of equipment. Customers not wearing masks. Business called day of complaint per line 9. Masks are not required when exercising outdoors and socially distanced.11 08/06/20 Kennedy Club 188 Tank Farm Brett 805‐781‐3488SSIndoor equipment being used.Manager stated he has the equipment roped off but some members have snuck in. I advised him indoor operations are not allowed and to keep an eye on it. 12 08/14/20 Kennedy Club 188 Tank FarmSSFrom County‐Gym goers not being required to wear masks (outdoors). No knowledge of people working out inside.Masks not required for outdoor exercising when physically distanced.13 08/26/20 Kennedy Club 188 Tank FarmSSFrom County‐Masks08/28/20See line 1414 08/26/20 Kennedy Club 188 Tank FarmSSFrom County‐Allowing people to workout upstairs and inside.08/28/20Repeat complaint per line 11. Referred to dispatch. Asked to look into mask compliance while there. Per Officer Perlette at 1151 hours on 8/28/20, he spoke with one of the owners, Brett Weaver. Officer Perlette observed approx. 20 people working out upstairs. None of the patrons were wearing masks and he overheard a conversation that sounded as if personal training sessions were also being conducted. A report was written regarding the violations. CS15 08/31/20 Kennedy Club 188 Tank FarmSSFrom County‐people using equipment inside/upstairs for workouts.09/02/20Repeat complaint. Referred to dispatch. Per Officer Behrens at 1142 hours on 9/2/20, he spoke with owner Brett Weaver. Officer Behrens saw people working out in the upstairs workout area. A report was written regarding the violation. CS 16 09/09/20 Kennedy Club 188 Tank FarmSSFrom County‐Allowing customers to workout inside.09/10/20Repeat violation. Referred to dispatch. Per Officer Stevens at 1418 hours on 9/10/20, confirmed violation but less than 15 people upstairs in a 15,000 square foot space, all 6 ft apart. Those who were stationary wore mask. Report written for violation. CS17 09/09/20 Kennedy Club 188 Tank FarmSS From County‐People working out inside and some people not wearing a mask.See line 1618 09/11/20 Kennedy Club 188 Tank FarmSS From County‐Not enforcing face mask requirement for customers inside or outside.See line 1919 09/15/20 Kennedy Club 188 Tank FarmSSFrom County‐Working out indoors.09/16/20Repeat violation. Referred to dispatch. Asked to check on masks while there per line 11. Per Officer Stevens at 1349 hourss on 09/16/2020, confirmed violation. Approx 25 subjects working out in the upstairs area spread out over 18,000 sq ft. Report taken. CS20 09/15/20 Kennedy Club 188 Tank FarmJMHotline ‐ Working out indoors.See line 1921 09/16/20 Kennedy Club 188 Tank FarmJMHotline ‐ Working out indoors.See line 19 (PD to visit)22 09/17/20 Kennedy Club 188 Tank FarmJMHotline ‐ Working out indoors.See line 1923 09/16/20 Kennedy Club 188 Tank FarmSSFrom County‐Indoor operations.Per line 19 PD responded on day of complaint.24 09/18/20 Kennedy Club 188 Tank FarmSS From County‐All cardio and weight equipment has been moved inside. Holding classes inside (upstairs) not enforcing face mask order.Allowed as of 9/22/2025 09/18/20 Kennedy Club 188 Tank FarmSSFrom County‐Allowing members to work out inside w/out face masks. Classes are now being held inside and the weight benches have been moved inside (upstairs) for members to use. RP questioned Brett (mngr) who stated that classes have been moved inside due to air quality. RP stated that Brett wears his face mask around his neck but not his face.Allowed as of 9/22/2026 09/24/20 Kennedy Club 188 Tank FramCCFrom County ‐ Workers & Members not wearing face masks inside09/25/20Repeat complaint. Referred to dispatch. Per Officer Molina at 1502 hours on 9/25, employees were wearing masks in the business. CS27 09/25/20 Kennedy Club 188 Tank Farm Brett 805‐781‐3488SSFrom County‐Too many people working indoors. No masks.Brett stated they are well under their 10% capacity and are wearing masks28 09/30/20 Kennedy Club 188 Tank FarmSSFrom County‐Too many people working out inside. No masks.SS called same day of report and advised manager of complaint. See line 27 for notes.29 09/30/20 Kennedy Club 188 Tank FarmSSFrom County‐Customers not wearing masks.See line 2830 09/30/20 Kennedy Club 188 Tank FarmSSFrom County‐Customers not wearing masks.See line 2831 09/30/20 Kennedy Club 188 Tank FarmSSFrom County‐No one wearing masks.See line 2832 10/01/20 Kennedy Club 188 Tank FarmSS From County‐Workers and customers not wearing masks10/05/20Repeat complaint. Referred to dispatch. Per Officer Stevens at 1542 hours on 10/5, the gym was at minimal capacity. Most patrons were using masks and no one was within 6 ft of each other. All employees were wearing masks and there were multiple signs posted on the front door and around the gym reminding the patrons of the health regulations. Negative violation. CS33 10/02/20 Kennedy Club 188 Tank FarmSSFrom County‐Customers not wearing masksSee line 3234 10/14/20 Kennedy Club 188 Tank Farm Brett 805‐781‐3488SSFrom County‐Large basketball games occuring. No masks.Stated that signs are posted that court can be used for exercise but not for games. Advised courts were to be closed. 35 10/15/2020 Kennedy Club 188 Tank Farm805‐781‐3488SSFrom County‐No masks for staff and customers, no social distancingPer line 32 PD recently visited and confirmed compiance. 36 10/16/20 Kennedy Club 188 Tank FarmSSFrom County‐Customers not wearing masksSee line 3537 10/29/20 Kennedy Club 188 Tank Farm Brett 805‐781‐3488SSCaller states business is not enforcing masksNew signage advising masks are required. Stated they've stepped up efforts in enforcing but some patrons will remove during exercise. Stated they are doing their best to ensure compliance.38 11/03/20 Kennedy Club 188 Tank FarmHNFrom hotline ‐ business not enforcing masksSee line 3739 11/02/20 Kennedy Club 188 Tank FarmSSHotline‐business not requiring masksSee line 374011/09/20 Kennedy Club 188 Tank Farm805‐781‐3488SSHotline‐Lot of students working out there and not wearing masks. Stated they are working really hard especially this last week to pick up efforts to enforce masks. Said they have been gettting pressure from County to tighten up so they are. Handing masks to customers if they are not wearing them. 41 11/06/20 Kennedy Club 188 Tank FarmSS From County‐Most people in building aren't wearing masks. Only required upon entry.See line 4042 11/12/20 Kennedy Club 188 Tank FarmSSMessage on COVID line. Contacted RP and she stated manager and customers not wearing mask. See line 4043 11/17/20 Kennedy Club 188 Tank Farm805‐781‐3488SSProactive call to gym advising they need to shut down indoor activity.Manager Brett stated he would not be shutting down indoor activity. He went into how he’s been in contact with Penny Borenstein about different issues and come into compliance but that he cannot afford to shut down indoors. I let him know we would be visiting 11/18 and that citations can follow continued non‐compliance. He said he has no problem fighting the citations and he will continue operating indoors regardless of the mandate.44 11/18/20 Kennedy Club 188 Tank FarmSSFrom County‐Continuing to operate inside buildingOn‐site visit by JM on 11/18 confirmed violation45 11/19/20 Kennedy Club 188 Tank FarmSSHotline‐Allowing indoor exercisingWaiting on direction from EOC46 11/19/20 Kennedy Club 188 Tank FarmSSFrom County‐Indoor operations even though supposed to closeWaiting on direction from EOC47 11/20/20 Kennedy Club 188 Tank FarmSSHotline‐Indoor exercising allowed. RP concerned of number of Cal Poly students exercising there due to on campus gym being shut down.Case currently open48 11/20/20 Kennedy Club 188 Tank FarmSSHotline‐Caller concerned about gym posting on Facebook that they consider themselves essential and will continue operating as normal. Case currently open49 11/20/20 Kennedy Club 188 Tank FarmSSFrom County‐All locations‐all remain open indoorsCase currently open50 11/20/20 Kennedy Club 188 Tank FarmSSFrom County‐All locations‐indoor operationsCase currently openAttachment 10Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 42 51 11/23/20Kennedy Club188 Tank FarmSS Hotline‐Caller wondering if Kennedy is going to be allowed to continue operating inside.Case currently open52 11/23/20Kennedy Club188 Tank FarmSS From County‐Customer angry about the artile in Tribune and how they can remain openCase currently open53 11/23/20Kennedy Club188 Tank FarmSSFrom County‐Still open and defying closure noticeCase currently open54 11/25/20Kennedy Club188 Tank FarmSS From County‐Allowing indoor ops when they cannot under the purple tierCase currently open. Three citations issued so far.55 11/25/20Kennedy Club188 Tank FarmSS From County‐Allowing indoor ops when they cannot under the purple tierCase currently open. Three citations issued so far.56 11/25/20Kennedy Club188 Tank FarmSS From County‐Allowing indoor ops when they cannot under the purple tierCase currently open. Three citations issued so far.57 12/01/20 Kennedy Club 188 Tank Farm SSFrom County‐Customers‐no facial coverings, indoor operations that are not permitted, above occupancy limit, inadequate social distancingCase currently open. Three citations issued so far.58 12/01/20Kennedy Club188 Tank FarmSSFrom County‐Indoor operations and no social distancing practices.Case currently open. Three citations issued so far.59 12/02/20 Kennedy Club 188 Tank FarmSSFrom County‐No mask enforcement or sanitazation practices or other safe COVID measures. The staff does not do anything.Case currently open. Three citations issued so far.60 12/08/20Kennedy Club188 Tank FarmSSFrom Hotline ‐ Allowing indoor operationsAdvised caller citations have been issued at SLO location. Referred to County number for others.61 12/8/2020Kennedy Club188 Tank FarmSSFrom county ‐ Defying shelter in place order.Case currently open62 12/8/2020Kennedy ClubCCComplaint about Kennedy's and that the City is not doing anythingCalled back complaintant ‐ Left message w/to call me back63 12/9/2020 Kennedy Club 188 Tank Farm CCComplaint regarding continued operations at Kennedy's and wanted a call back and know what we're doing about itSpoke w/complaintant and advd of code enforcement activitiesAttachment 10Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 43 Business Name Business Type Address City COMPLAINT DETAILS EDNA VALLEY MARKET FOOD SAN LUIS OBISPO WORKERS NOT WEARING MASKS. LARGE CROWDS. NO SOCIAL DISTANCING. SLO Hot House Cal Poly SAN LUIS OBISPO WORKERS AND CUSTOMERS NOT WEARING MASKS Rite Aid Pharmacy Foothill SAN LUIS OBISPO WORKERS AND CUSTOMERS NOT WEARING MASKS Kennedy Club Gym SAN LUIS OBISPO WORKERS AND CUSTOMERS NOT WEARING MASKS Urology Associates medical 77 Casa SAN LUIS OBISPO Dr. Koontz refuses to wear a mask in a medical setting Taco King Food SAN LUIS OBISPO WORKERS NOT WEARING MASKS Urology Associates medical 77 Casa SAN LUIS OBISPO Caller filed a complaint today and wanted us to know that the medical adminstrator called him back and promised that DR. Koontz would wear a mask Muddy cup coffee LOVR SAN LUIS OBISPO workers not allowed to wear masks Complaints received from SLO County 2020-06-24 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 44 Business Name Business Type Address City COMPLAINT DETAILS Franks Famous Hot Dogs Food 950 California SAN LUIS OBISPO Cooks not wearing masks Target/Home depot SAN LUIS OBISPO customers not wearing PPE The tire Store tires 252 Higuera SAN LUIS OBISPO WORKERS NOT WEARING MASKS KENNADY GYM SAN LUIS OBISPO WORKERS AND CUSTOMERS NOT H&M clothing SAN LUIS OBISPO worker tested positive, no sanitation or cleaning of store Animal Care Clinic Veterinary Medicine 162 Cross St SAN LUIS OBISPO Emps not consistently wearing masks inside and unable to physical distance from other other employees while working. Vet is accurately following guidelines w/customers. CRIKI TIKI BAR BAR SAN LUIS OBISPO WORKERS AND CUSTOMERS NOT WEARING MASKS Firestone Restaurant SAN LUIS OBISPO No social distancing/ customers not wearing masks Complaints received from SLO County 2020-06-29 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 45 Firestone Restaurant SAN LUIS OBISPO The manager (Darnell) seated customers at tables that were supposed to be out of service for social distancing. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 46 Business Name Business Type Address City COMPLAINT DETAILS Hayward Lumber home improvement 236 Higuera St SAN LUIS OBISPO caller reporting that people in line not wearing mask, one man, pregnant women and 9year old girl not wearing masks. caller asked if store was enforcing the mask rule and the employee said not really Club 24 gym 872 Foothill SAN LUIS OBISPO caller complaint of people supposed to be outside, people still using inside area, staff said they will not shut down until told to by city FIRESTONE restaurant 1001 Higuera St SAN LUIS OBISPO caller complaint of driving by and seeing 50-60 people packed into the outdoor area and not wearing masks. Advised that outdoor eating was allowed and people dont eat with a mask on. Caller wants to know why they are sitting so close to each other and doesn' that break the rules PAULS dRY CLEANING SAN LUIS OBISPO WORKERS NOT WEARING MASKS Complaints received from SLO County 2020-07-31 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 47 KENNEDY FITNESS gym 188 Tank Farm Rd SAN LUIS OBISPO caller concern with social distancing issues with equipment, outside but some machine only 1- 3feet apart. People grunting and groaning without mask on equipment. Caller asked management about distancing and the county rules and the staff member said they go by their rules, no temperature checks at door, face mask only required when walking through lobby, high volume of people FIRESTONE SAN LUIS OBISPO ALL TABLES FULL. NO SOCIAL DISTANCING. NO MASKS Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 48 Business Name Business Type Address City COMPLAINT DETAILS Kennedy SAN LUIS OBISPO Masks Kennedy SAN LUIS OBISPO Individual called to report a woman who was berating staff at Kennedy for no apparent reason. She wanted to call and state that she is extremely happywith the measures that Kennedy is taking and she only has positive things to say about Kennedy. TACO BELL SAN LUIS OBISPO ALLOWING CUSTOMERS TO GET THIER OWN DRINKS Complaints received from SLO County 2020-08-26 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 49 Business Name Business Type Address City COMPLAINT DETAILS CalPoly Education SAN LUIS OBISPO RP upset that CalPoly plans to bring students back and only house half the students on campus forcing students into the city. RP referred to USC and LA Times article referencing COVID 19 spred among students and small gatherings. RP feels that CalPoly is conducitn business in an illegal manner per PH Order. RP stated that he hopes this county or private business owners seek retribution. Kennedy Cub Fitness Gym 188 Tank Farm Rd SAN LUIS OBISPO RP visited club at 10:30AM and saw people using equipment inside/upstairs for workouts. TAQUEIRA SANTA SCRUZ SAN LUIS OBISPO WORKERS NOT WEARING MASKS JAGGED SALON AND SPA SAN LUIS OBISPO OPEN IN SECRET MY DREAMS SALON SAN LUIS OBISPO OPEN IN SECRET Complaints received from SLO County 2020-08-31 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 50 Business Name Business Type Address City COMPLAINT DETAILS BLADERUNNER SALON SAN LUIS OBISPO DOING HAIRCUTS OUTSIDE. IS ALLOWED, NO VIOLATION KENNADY CLUB FITNESS SAN LUIS OBISPO ALLOWING CUSTOMERS TO WORK OUT INSIDE KAREN SCOTT AUDIOLOGY SAN LUIS OBISPO WORKERS NOT WEARING MASKS Kennedy Gym SAN LUIS OBISPO People working out inside and some people not wearing a mask. Complaints received from SLO County 2020-09-09 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 51 Business Name Business Type Address City COMPLAINT DETAILS Kennedy Fitness Gym 188 Tank Farm Rd SAN LUIS OBISPO Not enforcing face mask requirement for customers inside or outside Complaints received from SLO County 2020-09-11 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 52 Business Name Business Type Address City COMPLAINT DETAILS Castle Nolan Wedding venue 6445 Monte Rd SAN LUIS OBISPO Accepting reservations for weddings later this month and poss allowing receptions Alfano Motors Vehicle sales 1423 Calle Joaquin SAN LUIS OBISPO Female clerk (blond and wearing glasses sitting behind a white desk) in service dept seen wearing mask below face then moving mask over mouth but not nose while customers were in the service area. RP called back to say that he now sees 3 more male co-workers not wearing face masks inside the service office. @ Nails 1519 Froom Ranch Way SAN LUIS OBISPO Providing mani/pedi inside KENNADY CLUB FITNESS SAN LUIS OBISPO WORKING OUT INDOORS Complaints received from SLO County 2020-09-15 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 53 Business Name Business Type Address City COMPLAINT DETAILS Kennedy Club Gym SAN LUIS OBISPO Indoor operations MANDARIN GOURMET SAN LUIS OBISPO INDOORING DINING IS OCCURING Complaints received from SLO County 2020-09-16 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 54 Business Name Business Type Address City COMPLAINT DETAILS Kennedy Club Fitness Gym 188 Tank Farm Rd SAN LUIS OBISPO All cardio and weight equipment has been moved inside. Holding classes inside (upstairs) not enforcing face mask order Kennedy Club Fitness Gym 188 Tank Farm Rd SAN LUIS OBISPO Allowing memebrs to work out inside w/out face masks. Classes are now being held inside and the weight benches have been moved inside (upstairs) for memebrs to use. RP questioned Brett (mngr) who stated that the classes have been moved inside due to air quality. RP stated that Brett wears his face mask around his neck not on his face Complaints received from SLO County 2020-09-18 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 55 Business Name Business Type Address City COMPLAINT DETAILS Kennedy Club Fitness Gym 188 Tank Farm SAN LUIS OBISPO Workers and members not wearing face masks inside Black Sheep Food/Bar 1117 Chorro SAN LUIS OBISPO Customers not wearing face masks inside FIRESTONE GRILL SAN LUIS OBISPO WORKERS NOT WEARING MASKS Complaints received from SLO County 2020-09-24 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 56 Business Name Business Type Address City COMPLAINT DETAILS GALLELIO SURGERY CENTER SAN LUIS OBISPO WORKER POSTING ON SOCIAL MEDIA ABOUT BEING SICK AND BEING TESTED BUT STILL WORKING KENNADY CUB FITNESS SAN LUIS OBISPO TOO MANY PEOPLE WORKING OUT INDOORS. NO MASKS 1340 TAFT SAN LUIS OBISPO COMPLAINT OF GROUP OF COLLEGE KIDS DRINKING IN A LARGE GATHERING Complaints received from SLO County 2020-09-25 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 57 Business Name Business Type Address City COMPLAINT DETAILS KENNADY CLUB SAN LUIS OBISPO TOO MANY PEOPLE WORKING OUT INSIDE. NO MASKS KENNADY CLUB SAN LUIS OBISPO CUSTOMERS NOT WEARING MASKS TAQUERIA SANTA CRUZ SAN LUIS OBISPO WORKERS NOT WEARING MASKS FOOD FOR LESS SAN LUIS OBISPO WORKERS NOT WEARING MASKS KENNEDY CLUB SAN LUIS OBISPO CUSTOMERS NOT WEARING MASKS KENNEDY CLUB GYM SAN LUIS OBISPO NO ONE WEARING MASKS Complaints received from SLO County 2020-09-30 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 58 Business Name Business Type Address City COMPLAINT DETAILS KENNEDY CLUB FITNESS SAN LUIS OBISPO WORKERS AND CUSTOMERS NOT WEARING MASKS LAGS MEDICAL CENTER SAN LUIS OBISPO WORKERS NOT WEARING MASKS BRAVO PEDIATRIC SAN LUIS OBISPO WORKERS NOT WEARING MASKS Complaints received from SLO County 2020-10-01 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 59 Business Name Business Type Address City COMPLAINT DETAILS KENNEDY CLUB FITNESS SAN LUIS OBISPO CUSTOMERS NOT WEARING MASKS. CRIKI TIKI SAN LUIS OBISPO OVER CAPACITY. NO ONE WEARING MASKS Complaints received from SLO County 2020-10-02 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 60 Business Name Business Type Address City COMPLAINT DETAILS CALVARY CHURCH SAN LUIS OBISPO HAS LIVE MUSIC AT SERVICE KENNEDY CLUB FITNESS SAN LUIS OBISPO LARGE BASKETBALL GAMES OCCURING. NO MASKS. Avila VALLEY BARN 560 Avila Beach Drive SAN LUIS OBISPO Workers and customers not wearing masks and no social distancing Costco SAN LUIS OBISPO Workers and customers not wearing masks and no social distancing SLO Brew The Rock 855 Aerovista SAN LUIS OBISPO Oktoberfest event via social media Legacy Training Center 4725 Allene Way SAN LUIS OBISPO Workers and customers not wearing masks and no social distancing Costco SAN LUIS OBISPO NO SOCIAL DISTANCING. LARGE AMOUNTS OF PEOPLE. Complaints received from SLO County 2020-10-14 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 61 Business Name Business Type Address City COMPLAINT DETAILS Granada Hotel 1126 Morro Av SAN LUIS OBISPO WORKERS NOT WEARING MASKS Kennedy Club 188 Tank Farm SAN LUIS OBISPO No masks for staff and customers, no social distancing. Finneys Crafthouse 857 Monterey Street SAN LUIS OBISPO inadequate social distancing, customers not wearing masks. Finneys Crafthouse 857 Monterey Street SAN LUIS OBISPO inadequate social distancing, customers not wearing masks. Coast Nissan 12150 Los Osos valley rd SAN LUIS OBISPO inadequate social distancing, customers and workers not wearing masks. Taste 2900 Broad st SAN LUIS OBISPO inadequate social distancing La Locanda 1137 Garden st SAN LUIS OBISPO inadequate social distancing, workers not wearing masks. REI SAN LUIS OBISPO DID NOT ALLOW A CUSTOMER IN THAT WAS WEARING A PLASTIC FACE SHIELD AND NOT A MASK Complaints received from SLO County 2020-10-15 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 62 Business Name Business Type Address City COMPLAINT DETAILS SLO BREW THE ROCK SAN LUIS OBISPO CONCERT IS PLANNED. MOTHERS TAVERN SAN LUIS OBISPO NOT LIMITING OCCUPANCY. NO MASKS FOR CUSTOMERS KENNEDY CLUB SAN LUIS OBISPO CUSTOMERS NOT WEARING MASKS SLO BREW THE ROCK SAN LUIS OBISPO CONCERT IS PLANNED. MADONNA INN COPPER CAFE 100 MADONNA INN SAN LUIS OBISPO INDOOR OCCUPANCY ABOUT 75% INSTEAD OF THE REQUIRED 25% VILLAGE CLEANERS 3212 BROAD ST SUITE 110 SAN LUIS OBISPO WORKERS AND CUSTOMERS NOT WEARING MASKS Complaints received from SLO County 2020-10-16 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 63 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Friday, November 6, 2020 4:45 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Mezzapesa, John Subject:11/6 COVID COMPLAINTS Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 64 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 65 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Wednesday, November 18, 2020 8:18 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Mezzapesa, John Subject:11/18 COVID COMPLAINTS Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 66 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 67 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Thursday, November 19, 2020 8:08 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Mezzapesa, John Subject:11/19 COVID COMPLAINTS Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 68 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 69 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Friday, November 20, 2020 6:53 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Mezzapesa, John Subject:11/20 COVID COMPLAINTS Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 70 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 71 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Tuesday, November 24, 2020 5:54 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Mezzapesa, John Subject:11/23 & 11/24 COVID COMPLAINTS 11/23/2020 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 72 2 11/24/2020 Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 73 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 74 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 75 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 76 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Wednesday, November 25, 2020 9:21 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Mezzapesa, John Subject:11/25 COVID COMPLAINTS Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 77 2 Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 78 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Tuesday, December 1, 2020 7:20 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Mezzapesa, John Subject:12/1 COVID COMPLAINTS Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 79 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 80 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Thursday, December 3, 2020 6:01 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Mezzapesa, John Subject:12/2 & 12/3 COVID COMPLAINTS 12/3 ‐ NO COVID COMPLAINTS RECEIVED FOR YOUR JURISDICTION Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 81 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 82 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Tuesday, December 8, 2020 4:57 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Johnson, Lee; Mezzapesa, John Subject:12/7 COVID COMPLAINTS Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 83 2 Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 84 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 85 1 Mezzapesa, John From:Jennifer Caffee <jcaffee@co.slo.ca.us> Sent:Thursday, December 10, 2020 8:18 PM To:Wallace, Christine; Sadowski, Mark; Steeb, Christine; Cocina, Cassia; Nguyen, Hannah; Sheats, Steven; Oetzell, Walter; Johnson, Lee; Mezzapesa, John Subject:12/9 COVID COMPLAINTS Jennifer Caffee Resource Protection Officer 805-781-4031 The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed, and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system. Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 86 Attachment 11 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 87 Attachment 12 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 88 Attachment 12 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 89 Attachment 12 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 90 Attachment 12 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 91 State of California—Health and Human Services Agency California Department of Public Health Statewide Public Health Officer Order, August 28, 2020 S ANDRA SHEWRY , MPH, MSW GAVIN NEWSOM Acting Director Governor CDPH, MS 500 ● P.O. Box 997377 ● Sacramento, CA 95899-7377 (916) 558-1784 Department Website (www.cdph.ca.gov ) On March 19, 2020, the State Public Health Officer issued an order directing all individuals living in the State of California to stay at home except as needed to facilitate authorized activities or to maintain the continuity of operations of critical infr astructure sectors. (See March 19, 2020 Order.) The scope of activities authorized under this order was subsequently modified in additional state public health directives. Then, consistent with Executive Order N -60-20, the State Public Health Officer set out California’s path forward from this “Stay -at-Home” Order in California’s Pandemic Resilience Roadmap. That Roadmap identified four stages of the pandemic: safety and preparation (Stage 1), reopening of lower-risk workplaces and other spaces (Stage 2), reopening of higher-risk workplaces and other spaces (Stage 3), and finally an easing of final restrictions leading to the end of the stay -at-home order (Stage 4). On July 13, 2020, in response to a significant increase in the spread of COVID -19, the State Public Health Of ficer ordered the statewide closure of operations in certain high-risk sectors. (See July 13, 2020 Order.) Counties on the County Monitoring List for three consecutive days were also required to close additional indoor operations for certain sectors in order to further slow community transmission. Community spread of infection remains a significant concern across the state. In addition to the impact on the general population, community spread increases the likelihood of expanded transmission of COVID -19 in congregate settings such as nursing homes, homeless shelters, jails and prisons. Infection of vulnerable populations in these settings can be catastrophic. Higher levels of community spread also increase the likelihood of infection among individuals at higher risk of serious outcomes from COVID-19, including the elderly and those with underlying health conditions who might live or otherwise interact with an infected individual. COVID -19 infection is also disproportionately impacting our essential workforce. The anticipated influenza season is likely to impose additional burdens on the healthcare delivery system, increasing demand for space, supplies, and personnel. The COVID-19 pandemic continues to evolve, and CDPH is continually monitoring new scientific evidence and improving its understanding of the disease. Based on the current state of the pandemic in California and current scientific understanding of transmission, it is my judgment that it is appropriate to further refine the approach in order to gradually reopen businesses and activities while reducing the risk of increased community spread. A targeted system for sector reopenings which considers both current epidemiological conditions and the latest understanding of transmission risk in certain Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 92 sectors will allow CDPH to monitor both counties and sectors for evidence of increased epidemiological risk and will reduce risk as California continues to reopen its economy and protect public health. California's Plan for Reducing COVID -19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe sets forth in detail the basis for the new Framework. NOW, THEREFORE, I, as Acting State Public Health Officer of the State of California, order all of the following: 1. The updated framework for reopening, which shall be known as California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe, will rely on a set of Tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive covid-19 tests and proportion of testing and other covid-19 response efforts addressing the most impacted populations within a county. For each progressive Tier, this framework will permit a broader range of reopening guided by risk -based criteria pertinent to each sector. I may modify the epidemiological criteria for each Tier as well as the sectors, businesses, establishments, or activities within the Tiers as necessary based on the latest available public health information and research to protect public health and safety. The up-to-date Tier profiles and those sectors, businesses, establishments, or activities that are permitted to open in each Tier will be posted (along with necessary modifications), at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID- 19/COVID19CountyMonitoringOverview.aspx . 2. Pursuant to this framework, all local health jurisdictions in the state may reopen specified sectors according to their respective county’s Tier. However, a local health jurisdiction that moves to a Tier permitting further reopening must pause for 21 days, or a different period that I identify, before reopening additional sectors. 3. Conversely, a local health jurisdiction must also close sectors according to their respective county’s Tier consistent with the timeline and procedures set forth in California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe. 4. A local health jurisdiction may continue to implement or maintain more restrictive public health measures if the jurisdiction’s Local Health Off icer determines that health conditions in that jurisdiction warrant such measures. Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 93 Terms of Orders 5. This order shall go into effect August 31, 2020 and shall supersede the July 13, 2020 State Public Health Officer Order. 6. This order shall remain in effect until I determine it is appropriate to modify the order based on public health conditions. 7. I will continue to monitor the epidemiological data and will modify California’s Plan for Reducing COVID -19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe as required by the evolving public health conditions. If I determine that it is necessary to change what will reopen or close, or otherwise modify the Plan, these modifications will be posted at California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe. 8. Except to the extent this order or other state public health directives expressly provide otherwise, all CDPH guidance continues to apply statewide. 9. All references in CDPH or other State guidance to the County Monitoring List or the County Data Monitoring List shall refer to those counties falling within Tier 1 of California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe. 10. This order is issued pursuant to Health and Safety Code sections 120125, 120130(c), 120135, 120140, 120145, 120150, 120175,120195 and 131080; EO N-60-20, N -25-20, and other authority provided for under the Emergency Services Act; and other applicable law. Erica S. Pan, MD, MPH Acting State Public Health Officer California Department of Public Health Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 94 Blueprint for a Safer Economy Activity and Business Tiers SECTORS Widespread Tier 1 Substantial Tier 2 Moderate Tier 3 Minimal Tier 4 Critical Infrastructure Open with modifications Open with modifications Open with modifications Open with modifications Gatherings* Outdoor gatherings only with modifications •Max 3 households Indoor gatherings strongly discouraged, allowed with modifications •Max 3 households Indoor gatherings strongly discouraged, allowed with modifications •Max 3 households Indoor gatherings strongly discouraged, allowed with modifications •Max 3 households Limited Services Open with modifications Open with modifications Open with modifications Open with modifications Outdoor Playgrounds & Outdoor Recreational Facilities ** Open with modifications Open with modifications Open with modifications Open with modifications Hair Salons & Barbershops Open Indoors with modifications Open indoors with modifications Open indoors with modifications Open indoors with modifications Attachment 13Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 95 SECTORS Widespread Tier 1 Substantial Tier 2 Moderate Tier 3 Minimal Tier 4 All Retail (including critical infrastructure, except standalone grocers) Open Indoors with modifications •Max 25% capacity Open Indoors with modifications •Max 50% capacity Open Indoors with modifications Open Indoors with modifications Shopping Centers (Malls, Destination Centers, Swap Meets) Open Indoors with modifications •Max 25% capacity •Closed common areas •Closed food courts Open indoors with modifications •Max 50% capacity •Closed common areas •Reduced capacity food courts (see restaurants) Open indoors with modifications •Closed common areas •Reduced capacity food courts (see restaurants) Open Indoors with modifications •Reduced capacity food courts (see restaurants) Personal Care Services*** Open Indoors with modifications Open indoors with modifications Open indoors with modifications Open indoors with modifications Museums, Zoos, and Aquariums Outdoor Only with modifications Open indoors with modifications •Indoor activities max 25% capacity Open indoors with modifications •Indoor activities max 50% capacity Open indoors with modifications Attachment 13Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 96 SECTORS Widespread Tier 1 Substantial Tier 2 Moderate Tier 3 Minimal Tier 4 Places of Worship Outdoor Only with modifications Open indoors with modifications •Max 25% capacity or 100 people, whichever is fewer Open indoors with modifications •Max 50% capacity or 200 people, whichever is fewer Open indoors with modifications •Max 50% capacity Movie Theaters Outdoor Only with modifications Open Indoors with modifications •Max 25% capacity or 100 people, whichever is fewer Open indoors with modifications •Max 50% capacity or 200 people, whichever is fewer Open indoors with modifications •Max 50% capacity Hotels and Lodging Open with modifications Open with modifications •+Fitness centers (+10%) Open with modifications •+Fitness centers (+25%) •+Indoor pools Open with modifications •+Fitness Centers (50%) •+Spa facilities etc. Gyms and Fitness Centers Outdoor Only with modifications Open indoors with modifications •Max 10% capacity •+Climbing walls Open indoors with modifications •Max 25% capacity •+Indoor pools Open indoors with modifications •+Saunas •+Steam rooms •Max 50% capacity Attachment 13Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 97 SECTORS Widespread Tier 1 Substantial Tier 2 Moderate Tier 3 Minimal Tier 4 Restaurants Outdoor Only with modifications Open indoors with modifications •Max 25% capacity or 100 people, whichever is fewer Open indoors with modifications •Max 50% capacity or 200 people, whichever is fewer Open indoors with modifications •Max 50% capacity Wineries Outdoor Only with modifications Outdoor Only with modifications Open indoors with modifications •Max 25% capacity indoors, or 100 people, whichever is fewer Open indoors with modifications •Max 50% capacity or 200 people indoors, whichever is fewer Bars, Breweries, and Distilleries (where no meal provided) (follow restaurant guidance where meal is provided) Closed Closed Open Outdoors with modifications Open indoors with modifications •Max 50% capacity Family Entertainment Centers Outdoor Only with modifications e.g. •Kart Racing •Mini Golf •Batting Cages Outdoor Only with modifications e.g. •Kart Racing •Mini Golf •Batting Cages Open Indoors for naturally distanced activities with modifications •Max 25% capacity •Bowling Alleys Open indoors for activities with increased risk of proximity and mixing with modifications •Max 50% capacity •Arcade Games •Ice and roller skating •Indoor playgrounds Attachment 13Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 98 SECTORS Widespread Tier 1 Substantial Tier 2 Moderate Tier 3 Minimal Tier 4 Cardrooms, Satellite Wagering Outdoor Only with modifications Outdoor Only with modifications Open indoors with modifications •Max 25% capacity Open indoors with modifications •Max 50% capacity Offices Remote Remote Open indoors with modifications •Encourage telework Open indoors with modifications •Encourage telework Professional Sports Open •Without live audiences •With modifications Open •Without live audiences •With modifications Open •Without live audiences •With modifications Open •Without live audiences •With modifications Live Audience Sports*** Closed Closed Outdoors Only •Max 20% •Regional visitors (120 miles) •Advanced reservations only •Assigned seating only •In-seat concessions only (No concourse sales) Outdoors Only •Max 25% •Regional visitors (120 miles) •Advanced reservations only •Assigned seating only •In-seat concessions only (No concourse sales) Attachment 13Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 99 SECTORS Widespread Tier 1 Substantial Tier 2 Moderate Tier 3 Minimal Tier 4 Amusement Parks*** Closed Closed Smaller Parks Open •25% capacity or 500 people, whichever is fewer •Outdoor attractions only •In-county visitors only •Advanced reservations only Larger Parks Open •25% capacity •Advanced reservations only *Gatherings updated November 13, 2020 **Outdoor playgrounds and outdoor recreational facilities updated September 28, 2020 ***Personal care services, live audience professional sports and amusement parks updated October 20, 2020 Attachment 13Attachment 13 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 100 Attachment 14 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 101 Attachment 14 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 102 Attachment 14 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 103 Attachment 14 Administrative Review Board Meeting of 2/9/2021 Item 1 - 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Staff Report Page 181 10-27-20 Kennedy Club Fitness (Arroyo Grande) Contact: Catherine Judge – Director of Operations Site Check: Given walk-through of facility by manager. “Mask required “signage posted on front door, entry walk-way, and front desk. Upon arrival counter staff put on mask when interacting with me and members at check-in front coun ter. Observed upstairs work out area, majority of members were wearing masks or isolated on equipment not wearing mask. Approx 4-5 people not wearing masks out of approximately 20-25 people. Members/guests were walking in without masks were approached by staff to comply. Several members would exit the premises through the lobby without wearing a mask. Outdoor area in back is no longer being used. Pool lanes have been reduced to 3 members at a time and remain available by reservations only. Indoor classes are held with limited capacity and spots are marked on the floor to ensure required distancing between class members/equipment. 10-28-20 Kennedy Club Fitness (San Luis Obispo) Contact: Brett Weaver – General Manager Site Check: “Mask required” signage posted on front door, entry walk-way, front desk, lobby and stairs. Observed that staff members were wearing masks. Majority of members had masks on coming into the facility. Approx 4-5 members using self-check-in walked into the lobby/locker room without masks on. Observed group of 3 members upstairs not wearing masks. Observed a minimal number, approx. 2-3 of members exiting the building without a mask. According to the manger accommodations have been made to emphasize masks requirements with postings, plexiglas at the front counter and placement of gym equipment. The Daycare/Nursery at this location is no longer in operation. Sauna/Steam room not in operation. Class sizes are limited with social distancing in place. Spoke with manager regarding compliance direction given by county council and the health department. Notes: Compared to site observations in August and September, both site locations are showing more preventative measures with “mask signage” and staff wearing masks. Both sites are showing a reduced number of members not adhering to wearing masks/social distancing. The San Luis Obispo site location is a larger facility with higher volume of members compared to the AG site location. The SLO location appears to be achieving a more consistent level of compliance with masks/social distancing than the smaller AG location. While on site at the Arroyo Grande location I observed correction and compliance with members putting on masks/social distancing when approached by gym staff. In both locations, the self-check in appears to be the area where most members walk past the front counter staff without wearing a mask. Both managers were very accommodating and willing allow photos and/or access to the premises during site check. Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 182 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 183 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 184 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 185 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 186 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 187 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 188 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 189 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 190 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 191 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 192 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 193 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 194 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 195 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 196 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 197 Attachment 21 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 198 Page 1 of 2 DIRECTED ORDER TO MODIFY OPERATIONS AND COMPLY WITH STATE EXECUTIVE ORDER NO. N-33-20, ORDER OF THE STATE PUBLIC HEALTH OFFICER AND CALIFORNIA DEPARTMENT OF PUBLIC HEALTH GUIDANCE FOR THE USE OF FACE COVERINGS, AND INDUSTRY GUIDANCE FOR FITNESS FACILITIES AND THE AUGUST 28, 2020 STATEWIDE PUBLIC HEALTH OFFICER ORDER TO: Kennedy Club Fitness LOCATIONS: Paso Robles: 500 S River Rd, Paso Robles, CA 93446 Atascadero: 3534 El Camino Real, Atascadero, CA 93422 San Luis Obispo: 188 Tank Farm Rd, San Luis Obispo, CA 93401 Arroyo Grande: 1299 James Way, Arroyo Grande, CA 93420 DATE: November 6, 2020 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE §§ 101040 and 120175 YOU ARE HEREBY ORDERED TO IMMEDIATELY MODIFY YOUR BUSINESS OPERATIONS AS FOLLOWS: 1. Require Occupancy of No Greater than 10% Indoors. 2. Require all employees to use face masks while working on the premises in compliance with California Department of Public Health Guidance (CDPH) for Use of Face Coverings and any future updates. 3. Require all patrons/members to wear face masks while on the premises in compliance with CDPH Guidance for Use of Face Coverings and any future updates. 4. Fully comply with CDPH Industry Guidance for Fitness Facilities last updated on October 20, 2020 and any future updates. You are further ordered to provide a Compliance and Enforcement Plan to the County of San Luis Obispo County Health Officer no later than November 13, 2020. This Directed Order is being issued based on site inspections and verified complaints that the Kennedy Club Fitness facilities have failed to enforce the face mask, occupancy, sanitation and distancing requirements and are therefore in violation of Statewide Executive Order No. N-33-20 dated March 19, 2020, Order of the State Public Health Officer dated March 19, 2020, Statewide Public Health Officer Order dated August 28, 2020, , CDPH’s Guidance for Use of Face Coverings Attachment 22 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 199 Page 2 of 2 and CDPH’s Fitness Facilities Guidance as well as local information and statistics regarding the threat to public health due to the spread of COVID-19.(See exhibits A – E attached hereto) Violation of this Directed Order is punishable pursuant to California Health and Safety Code §§ 120275 and 12095. Pursuant to Government Code §§ 26602 and 41601 and Health and Safety Code §101029, the Health Officer requests that the Sheriff and all chiefs of police in the County ensure compliance with and enforce this Order. The violation of any provision of this Order constitutes a threat and menace to public health, constitutes a public nuisance, and may be enforced by court order and is punishable by fine, imprisonment, or both. IT IS SO ORDERED. _______________________________ Dr. Penny Borenstein, County Health Officer Attachment 22 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 200 INSPECTION WORKSHEET (CODE-08927-2020) CODE-000558-2020Case Number:Case Module:Permit Management 11/18/2020 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:188 Tank Farm Rd San Luis Obispo, CA 93401 053-251-054 Company Name NameContact Type KENNEDY CLUB FITNESS OF SLO A DE LLC Property Owner KENNEDY CLUB FITNESS OF SLO A DE LLC Checklist Item CommentsPassed General Inspection Comments False An inspection was completed in response to recent complaints that the business is in violation of the current statewide guidance for business reopening. As I entered the business it was apparent that it was open to the general public as numerous patrons were entering and exiting the building. I was greeted by a full staff at the counter and requested to speak to the manager. All staff and patrons were wearing masks in the facility. I met with the general manager, Brett Weaver and advised of the recently received report that indoor operations of the business were occurring against the current reopening guidelines. Mr. Weaver explained that he does not intend to comply with the current restrictions mandating full closure of indoor activities and the business will remain open for his members. He also advised that he has lost thousands of members due to the pandemic and the restrictions put in place and if he is forced to stop indoor operations, he believes the business will no longer be viable. While not fully verified at the time of inspection, Mr. Weaver advised that the business is operating within the COVID-19 industry guidance for gyms/fitness centers as if they would be allowed to operate at a ”red” tier reopening level. An on-site inspection of most of the facility was completed while accompanied by Mr. Weaver. As we walked through the business Mr. Weaver explained some of the precautions that they have put into place. These precautions included signs in the business advising of the mask requirements, spacing of some equipment to allow for adequate distancing, relocation of some equipment outside and general adhesion to the published COVID-19 industry guidance for gyms/fitness centers. Mr. Weaver advised that they are still holding indoor fitness classes with modifications such as ground markings and spacing of stationary cycling equipment to provide physical distancing for indoor classes. During the inspection it was apparent the while some equipment had been relocated to allow for proper distancing, other equipment such as the weight training equipment had not been spaced out. Patrons were observed utilizing all indoor areas of the facility with no restrictions. Mr. Weaver was advised that he is currently in violation of the requirement for fitness facilities to close all indoor activities. I explained the potential enforcement remedies that the city can take such as daily citations, restraining orders or injunctions. I explained that internal discussions will need to take place regarding what level of enforcement will be taken and which agency will be taking the lead. December 10, 2020 Page 1 of 1 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 201 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 202 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 203 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 204 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 205 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 206 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 207 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 208 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 209 Attachment 23 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 210 12/9/2020 November 20th: Standing Strong For Our Community - Kennedy Club Fitness https://www.kennedyclubs.com/2020/11/november-20th-standing-strong-for-our-community/1/3 November 20th: Standing Strong For Our Community Newsletter, We "K" for Community / By Nicole Guadarrama Standing Strong for our Community So here we are Central Coast…back to the purple tier with our county in regards to Covid-19. As a business, we here at KCF will continue to operate as we have been over the last several months…safe, clean, and supporting our members by providing a place of health, wellness, and exercise. We consider Kennedy Club Fitness to be an essential business, and we hope you all can agree. We are not only here for your physical health, but mental health as well. In a world where certain things (like changes in career, loss of a loved one, anxiety, and simply the emotions that the holiday season can bring to many of us) don’t stop…we can’t stop either. We are here for you…on happy days…hard days…real days. For the last 40 years, we have been here for our community. To help strengthen mind and body, to help as an outlet to life’s HOME »2020 »NOVEMBER »NOVEMBER 20TH: STANDING STRONG FOR OUR COMMUNITY MANAGE YOUR MEMBERSHIP, RESERVE ONLINE, DOWNLOAD OUR APP Attachment 24 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 211 12/9/2020 November 20th: Standing Strong For Our Community - Kennedy Club Fitness https://www.kennedyclubs.com/2020/11/november-20th-standing-strong-for-our-community/2/3 ← Previous Post everyday stressors, and to build our immune systems…so that one day…we’d be ready to STAND STRONG for our community. Thank you for standing strong with us, Your Kennedy Club Fitness Team CATEGORIES ‘K’ FIT TIPS BLOG Newsletter Uncategorized We "K" for Community RECENT POSTS November 20th: Standing Strong For Our Community November 10th: An Update from us on COVID-19 November 3rd: THE HUB October 28th: Add 2 Months Free! Attachment 24 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 212 12/9/2020 November 20th: Standing Strong For Our Community - Kennedy Club Fitness https://www.kennedyclubs.com/2020/11/november-20th-standing-strong-for-our-community/3/3 MAKING FITNESS FUN WITH FOUR CLUBS ASONE! 805-464-4100 Paso Robles – 500 S. River Road, Paso Robles, CA Atascadero – 3534 El Camino Real, Atascadero, CA San Luis Obispo – 188 Tank Farm Road, San Luis Obispo, CA Arroyo Grande – 1299 James Way, Arroyo Grande, CA Terms Conditions Privacy Contact Us Copyright © 2020 Kennedy Club Fitness | Site design by SKBailey Marketing Attachment 24 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 213 12/18/2020 The Wellness Coalition | United States https://www.thewellnesscoalition.com 1/3 Home The Coalition Citizens in Support Data & Research COVeducation Press Our Charter Who We Are The Wellness Coalition is a coalition of Wellness Businesses, whose common mission is to provide preventive healthcare to our community in the form of fitness, wellness, and health related products and services. Mission To take a leadership role in guiding our community through the pandemic by committing to providing uninterrupted services and products that lead to greater physical and mental health and wellbeing. Our Why As preventive healthcare and wellness professionals, we understand the critical need to cultivate a healthy immune response to the virus and to keep our bodies and minds strong. While the best defense is to avoid contracting the virus, this is not always possible. Wellness services are therefore essential to help fortify or prevent underlying conditions, educate the public, and improve mental health in order to support individuals in being less vulnerable to the potentially lethal effects of the virus. As such, we feel an ethical responsibility to remain open and to safely and responsibly keep our services available to support our community members for the duration of this pandemic. What Qualifies Us To Lead We cannot expect or demand that our government and/or public health authorities lead us when it comes to Preventive Healthcare in the form of strengthening our bodies, lungs and immune systems, and when it comes to being in charge of our own physical and mental health. This is not the expertise, domain, responsibility or passion of public authorities — but it is ours — and so we are called to lead. Essential Frontline Preventive Healthcare The need for frontline healthcare workers — once an individual is already sick — is an obvious and accepted priority. The intention and aim of this Coalition is to promote general acceptance of what should be an equally obvious priority: the need for Preventive Healthcare workers is essential. Common Sense Prioritization As personal care services such as hair & nail salons, massage, and tattoo parlors remain open, and at a time when department stores, hardware stores, and liquor stores remain open — there is no common sense in limiting access to Wellness Businesses. At Attachment 25 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 214 12/18/2020 The Wellness Coalition | United States https://www.thewellnesscoalition.com 2/3 precisely the moment when individuals need greater physical and mental health to face the dangers at hand, it is irresponsible to limit access to the businesses here to help. Open For Good We recognize that in this difficult time there are no perfect answers. There is a cost associated with the choices we make — no matter the choice. Data & Research* reveal transmission rates at wellness businesses are extremely low. We believe the human, social, and economic costs associated with limiting access to our businesses are far greater than any perceived, theoretical cost, of keeping them open. Our Commitment 1. Stay Open for Good We, as a coalition, commit to responsibly keeping our businesses open and available to members of our community, for the duration of the pandemic. 2. Stay Sanitized & Safe We, as a coalition, commit to adhering to CDC protocols and guidelines, to keep our community safe and prevent the spread of viruses. The Wellness Coalition Add Your Name to the list of Citizens in Support Of... *Data & Research National Study Con rms It's Safe To Work Out At The Gym: Current Data Shows No Evidence of COVID-19 Spread in Gyms Closed training facilities during the Covid-19 pandemic may negatively impact health and wellbeing. Gyms are not a hotspot for COVID-19: Industry challenges recent commentary More than 6.26 million check-ins across 423 NSW gyms in 2 months and no recorded transmission more... D o n a t e © 2020 The Wellness Coalition Attachment 25 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 215 12/18/2020 The Wellness Coalition | United States https://www.thewellnesscoalition.com 3/3 Attachment 25 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 216 12/18/2020 The Wellness Coalition https://www.thewellnesscoalition.com/the-coalition 1/5 Home The Coalition Citizens in Support Data & Research COVeducation Press The Coalition 5 Cities Swim School 805 Kickboxing 9ROUND Kickbox-Fitness Anytime Fitness Atascadero Shotokan Karate Athlon Fitness & Performance BeGr8 Fitness Central Coast Red Coral Spa Class Act Dance & Performing Arts Studio CookWell Attachment 25 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 217 12/18/2020 The Wellness Coalition https://www.thewellnesscoalition.com/the-coalition 2/5 Dharma Yoga Loft Empower Movement + Masssage First Strike Krav Maga Flip Tease Gym One Harmonic Prana KatHolistic Yoga Kellee Rasor Yoga Kennedy Club Fitness of Arroyo Grande Kennedy Club Fitness of Atascadero Kennedy Club Fitness of Paso Robles Kennedy Club Fitness of San Luis Obispo Knockout Boxing Gym & Fitness Attachment 25 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 218 12/18/2020 The Wellness Coalition https://www.thewellnesscoalition.com/the-coalition 3/5 Lake Life Wellness Center Let's Get Tuned Main Street Dance Company Mint Condition Fitness Moore Massage Purely Essential River Oaks Golf Course River Oaks Hot Springs Spa S6 Martial Arts SLO Yoga Center Sleeping Tiger Fitness Spark Yoga The 12 Attachment 25 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 219 12/18/2020 The Wellness Coalition https://www.thewellnesscoalition.com/the-coalition 4/5 The Energy Garden The Gym: Helheim The Internal Library The Natural Alternative The Pit The Yoga Standard Touch of the Oaks Training Loft VinYoga Vraaja Yoga Yoga Shine Zen Den Attachment 25 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 220 12/18/2020 The Wellness Coalition https://www.thewellnesscoalition.com/the-coalition 5/5 ... and growing quickly... please add your business! Add your business to The Wellness Coalition! Business Name City Website Below is for contact purposes only, and will not be displayed First Name Last Name Email Type of Business or Service JOIN COALITION Contact Us: TheWellnessCoalition2020@gmail.com D o n a t e © 2020 The Wellness Coalition Attachment 25 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 221 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 222 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 223 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 224 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 225 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 226 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 227 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 228 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 229 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 230 Attachment 26 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 231 Attachment 27 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 232 Attachment 27 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 233 Attachment 28 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 234 Attachment 28 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 235 Attachment 28 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 236 Attachment 28 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 237 Attachment 28 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 238 Attachment 28 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 239 Attachment 29 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 240 Attachment 29 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 241 Attachment 29 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 242 Attachment 29 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 243 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 1/11 BUSINESS Kennedy Club Fitness calls for gyms to fully reopen as COVID shutdown batters business BY NICK WILSON AUGUST 17, 2020 05:00 AM At a press conference on July 13, 2020, California Governor Gavin Newsom announced additional closures in the state, including gyms, indoor shopping malls and indoor church worship services as COVID-19 positivity rates rise. BY CALIFORNIA GOVERNOR Listen to this article now 04:20 Powered by Trinity Audio Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 244 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 2/11 Kennedy Club Fitness has had to lay off, terminate or furlough “hundreds of employees” across San Luis Obispo County amid the ongoing COVID-19 business restrictions, leaving the gym in dire straits. Now, the local chain is hoping to generate community support and return to the state’s original guidelines for fitness facilities since coronavirus arrived. The health and fitness company — which has four SLO County locations, in San Luis Obispo, Paso Robles, Atascadero and Arroyo Grande — said it has suffered sharp business impacts that could affect more jobs in the near future, as well as the services it provides its customers. TOP ARTICLES “We need your support and understanding, especially in the next 30-60 days, as we move forward out of the current situation we are in,” said Brett Weaver, Kennedy Club’s managing partner, in a letter submitted to The Tribune. “If we don’t get Zac Efron’s stunning $5.9 million California compound hits the market. Take a look Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 245 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 3/11 back to operating business under the state’s original guidelines very soon, many of us could be forced into extinction.” Weaver, who said the gym employs 350 people countywide, described the overall havoc the coronavirus impact has had on the business, which currently only offers access to outside strength and cardio equipment, group exercises and outdoor pools. Weaver said in an email that a return to the state’s guidelines allowing for full services, including indoor use, will be “critical” to the business over the next few months. “In order to continue providing our services to the community and keep our staff employed the next 30 to 60 days, it is critical to return to the states original guidelines,” Weaver said. COMMUNITY RESPONSE TO KENNEDY GYM USE Weaver said since early March, he has responded to “phone calls and emails from the community, telling me that I’m going to be held accountable for spreading COVID-19 if Kennedy Club Fitness remains open.” “I have been told if cases are traced back to us, I could be sued,” he wrote. “Days before the mandatory shutdown in March, members who remained at the club were confiding in me the fact that their friends and family were shaming them for coming in to work out.” Weaver said his response has been that the gym is providing health and fitness opportunities to the community, while contributing to help boost immune systems. “I expressed to them the benefits of fitness especially the role it plays in helping to boost the immune system,” Weaver said. “The health and fitness industry should have been deemed essential from the beginning, along with every other health professional. Instead, we were listed as high-risk and non-essential.” Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 246 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 4/11 Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 247 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 5/11 On July 13, about a month after gyms were allowed to reopen fully in mid-June, Gov. Gavin Newsom reimposed restrictions on fitness facilities, limiting them to outdoor activities only. The move came amid a spike in COVID-19 cases statewide that landed several counties, San Luis Obispo included, on the governor’s watch list for exceeding the standard of no more than 100 new cases per 100,000 residents over the last 14 days. Since that time, conditions have only gotten worse in SLO County. Over the last two weeks, officials have confirmed a rolling total of more than 200 cases per 100,000 in SLO County, according to state date reported by Los Angeles Times. Nevertheless, Weaver believes gyms can operate safely even with that challenge. “The virus threat is real, and we have spent months preparing for it by following the state’s guidelines for reopening, along with many other businesses,” Weaver said. THE CASE FOR REOPENING Weaver said the Kennedy facilities are “clean, modern and have strict sanitation policies” and that he believes indoor use is manageable. “The perception is that everyone in our facilities are breathing, sweating and spitting on each other,” Weaver said. “If you have ever been a member at any fitness facility, you know this perception is incorrect. What you find here are hard- Members of the Templeton swim team practice at the Atascadero Kennedy Club Fitness pool in 2014. Kennedy Club Fitness is asking for community support and a full reopening of its facilities countywide. JJOHNSTON@THETRIBUNENEWS.COM Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 248 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 6/11 working, caring individuals who make themselves available to help you however they can.” While Kennedy has followed guidelines, another gym in SLO, Club 24, was cited by the city Monday with a $1,000 fine for violating the order regarding indoor use. Another gym in SLO County, Los Osos Fitness, announced its permanent closure in May after 25 years. Weaver said “the impact on the community is not only measured in loss of business or jobs, but in the contributions of businesses make to our community. “Annually, Kennedy Club Fitness is involved in many charitable causes,” he said. “We support Family Care Network, the Salvation Army, the Food Bank, Cuesta Athletics, and Jack’s Helping Hand, just to name a few.” Elyse Peterson trains at the Kennedy Club Fitness pool in preparation for the SLO Triathlon in July 2006. Joe Johnston THE TRIBUNE Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 249 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 7/11 “Like us, many businesses have lost thousands of dollars, and hundreds of members or customers who are experiencing both fear of coming in, and financial hardship,” he added. RELATED STORIES FROM SAN LUIS OBISPO TRIBUNE BUSINESS Los Osos loses its only gym to the coronavirus shutdown MAY 12, 2020 1:37 PM LOCAL A slim, trim inspiration: One SLO man’s extraordinary weight loss story SEPTEMBER 08, 2010 11:41 PM LOCAL How 2 SLO residents lost weight — and gained happiness AUGUST 28, 2015 11:04 AM 1 of 51 of 5 Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 250 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 8/11 COMMENTS NICK WILSON 805-781-7922 Nick Wilson covers the city of San Luis Obispo and has been a reporter at The Tribune in San Luis Obispo since 2004. He also writes regularly about K-12 education, Cal Poly, Morro Bay and Los Osos. He is a graduate of UC Santa Barbara and UC Berkeley and is originally from Ojai. BUSINESS Cut off: Britain hit with travel bans over new virus strain BY PAN PYLAS ASSOCIATED PRESS DECEMBER 21, 2020 12:25 PM Trucks waiting to get out of Britain are backing up for miles and people are stranded at airports as many countries impose stringent travel restrictions over concerns about a new strain of the TRENDING STORIES Passenger who gave CPR to COVID victim on airline flight now has symptoms, he says UPDATED DECEMBER 20, 2020 01:40 PM Woman killed after ATV rolls off SLO County cliff into ocean in drunk driving crash, CHP says DECEMBER 21, 2020 9:36 AM It’s a deal. Californians could see more unemployment payments, stimulus checks soon UPDATED 4 HOURS 10 MINUTES AGO Weather forecast for week of Dec. 20 — Chilly mornings, windy and dry until Christmas DECEMBER 20, 2020 5:05 AM Some SLO County renters are Augie Johnston dunks a basketball while shooting around with other players on the court at Kennedy Club Fitness in Atascadero in 2004. JOE JOHNSTON READ NEXT Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 251 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 9/11 coronavirus that authorities say may spread more easily. KEEP READING ➔ living in squalor. It’s time to hold bad landlords accountable DECEMBER 20, 2020 5:30 AM All-access digital subscription #ReadLocal Connect to local news for just $1 a month for 3 months VIEW OFFER BUSINESS More than 100 businesses open in SLO amid COVID, closures: ‘Better times are on the horizon’ UPDATED 4 HOURS 20 MINUTES AGO BUSINESS California sues to recover costs for lead pollution cleanup DECEMBER 21, 2020 1:39 PM BUSINESS Calavo: Fiscal 4Q Earnings Snapshot Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 252 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 10/11 BUSINESS Injury didn’t alter Eagles S Rodney McLeod’s giving plans DECEMBER 21, 2020 1:32 PM DECEMBER 21, 2020 1:19 PM BUSINESS EU greenlights COVID-19 vaccine after agency gives safety OK DECEMBER 21, 2020 1:18 PM BUSINESS Energy Department: Idaho top choice for new test reactor DECEMBER 21, 2020 1:17 PM Take Us With You Real-time updates and all local stories you want right in the palm of your hand. SAN LUIS OBISPO TRIBUNE APP ➔ VIEW NEWSLETTERS ➔ SUBSCRIPTIONS Start a Subscription Customer Service eEdition Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 253 12/21/2020 SLO County’s Kennedy Club Fitness calls for gyms to reopen | San Luis Obispo Tribune https://www.sanluisobispo.com/news/business/article244974085.html 11/11 COPYRIGHT PRIVACY POLICY DO NOT SELL MY PERSONAL INFORMATION TERMS OF SERVICE Vacation Hold Pay Your Bill LEARN MORE About Us Contact Us Newsletters News in Education Archives ADVERTISING Place a Classified Ad Advertise with Us Public Notices Attachment 30 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 254 12/21/2020 Local gyms defy order to remain outdoors during purple tier https://www.ksby.com/news/local-news/local-gyms-defy-order-to-remain-outdoors-during-purple-tier 1/6 ___ Watch Live• Quick links... By: Sydney Brandt Posted at 10:44 PM, Nov 20, 2020 and last updated 11:41 PM, Nov 20, 2020 NEWS LOCAL NEWS Local gyms defy order to remain outdoors during purple tier “The decision to stay indoors is the only hope that we have to stay in business at this point honestly," Kennedy Club Fitness Managing Partner Brett Weaver said. Menu Attachment 31 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 255 12/21/2020 Local gyms defy order to remain outdoors during purple tier https://www.ksby.com/news/local-news/local-gyms-defy-order-to-remain-outdoors-during-purple-tier 2/6 San Luis Obispo County's move to the purple tier Monday means changes to how businesses operate, including gyms and fitness centers which are supposed to move workout back outdoors. Now, some gym owners are choosing to ignore the order and stay indoors as they say it's the only option to stay in business. Recent Stories from ksby.com Kennedy Club Fitness has been open about their decision to continue to allow indoor operation and managing partner Brett Weaver says he knows the risks. “The county and city have to do what they have to do, right now it’s a matter of survival for us," Weaver said. Indoor operation has continued at all four Kennedy Club Fitness locations, despite SLO County sitting in the purple tier. SBC Public Health Department: Just say 'No' to holiday family gatherings Attachment 31 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 256 12/21/2020 Local gyms defy order to remain outdoors during purple tier https://www.ksby.com/news/local-news/local-gyms-defy-order-to-remain-outdoors-during-purple-tier 3/6 Weaver says the gym can no longer service the membership base on an outdoor basis only. He says they have maintained the state's guidelines for distancing, sanitation, and mask wearing. “We’ve taken those steps since June and we continue to improve on those steps and yes we can deliver health and fitness safely and effectively to the community," Weaver said. County Public Health officials say a directed order can be issued to businesses in violation of state public health orders and is enforceable by fines, imprisonment, or both. Some people are open to moving back indoors, but other members say they are opting to move outside. “Personally I wouldn’t feel comfortable working out indoors even if everyone was wearing a mask or spread six feet apart," San Luis Obispo resident Jessica Benzel said. Kennedy Club Fitness is not alone in its decision to remain indoors. “When we’re in here we have the doors open, we have the back doors rolled all the way up," Sleeping Tiger Fitness and Martial Arts owner Nathan Zimmerman said. Sleeping Tiger is among 26 other fitness centers that formed the Wellness Coalition, launched on Monday. The group pushing to operate indoors, under restrictions while in the purple tier. Attachment 31 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 257 12/21/2020 Local gyms defy order to remain outdoors during purple tier https://www.ksby.com/news/local-news/local-gyms-defy-order-to-remain-outdoors-during-purple-tier 4/6 Gym owners say they plan to keep all of the state and county safety measures in check with indoor operation, but their ask right now is to be deemed essential. Copyright 2020 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Headlines Newsletter and receive up to date information. E-mail Submit CURATION BY Sponsored Sponsored Sponsored Downtown SLO businesses feel impact of pandemic Attachment 31 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 258 12/21/2020 Local gyms defy order to remain outdoors during purple tier https://www.ksby.com/news/local-news/local-gyms-defy-order-to-remain-outdoors-during-purple-tier 5/6 Due to increase in COVID cases, Costco to maintain special operating hours for senior shoppers Sponsored Sponsored High winds destroy Pismo Beach restaurant tents, tree topples onto home Santa Barbara Co. businesses express frustration with new stay-at-home order Attachment 31 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 259 12/21/2020 Local gyms defy order to remain outdoors during purple tier https://www.ksby.com/news/local-news/local-gyms-defy-order-to-remain-outdoors-during-purple-tier 6/6 News Weather Sports Community Contests Don't Waste Your Money Support Site Map Do Not Sell My Info Privacy Policy Journalism Ethics Guidelines Terms of Use EEO Careers FCC Public Files FCC Application Public File Contact Us Accessibility Statement Closed Captioning Contact Scripps Local Media © 2020 Scripps Media, Inc Streaming news 24/7 Attachment 31 Administrative Review Board Meeting of 2/9/2021 Item 1 - 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Emergency defined. Disaster council—Membership. Disaster council—Powers and duties. Officers—Offices created. Officers—Powers and duties. Emergency organization—Membership. Emergency operations plan. Expenditures. Violation—Penalty. 2.24.010 Purpose. The declared purposes of the ordinance codified in this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Prior code § 2430) 2.24.020 Emergency defined. As used in this chapter, “emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, hazardous materials incident, drought, sudden and severe energy shortage, plant or animal infestations or disease, epidemic, riot, nuclear emergency, earthquake or other conditions, including conditions resulting from war, terrorist acts or imminent threat of war, which conditions are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. 1560 § 1, 2011: prior code § 2430.1) 2.24.030 Disaster council—Membership. The San Luis Obispo disaster council is created and shall consist of the following: A. The mayor, who shall be the chair of the disaster council; Ch. 2.24 Emergency Services | San Luis Obispo Municipal Code Page 1 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Attachment 35 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 301 B. The vice mayor, who shall be vice chair; C. All other members of the city council. (Ord. 1560 § 2, 2011: prior code § 2430.1A) 2.24.040 Disaster council—Powers and duties. It shall be the duty of the disaster council, and it is empowered, to review and approve the emergency operations plan and mutual-aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the emergency services director or, in his or her absence from the city or inability to call such meeting, upon call of the deputy emergency services director. (Ord. 1560 § 3, 2011: prior code § 2430.2) 2.24.050 Officers—Offices created. A. There is created the office of emergency services director. The city manager shall be the emergency services director. B. There is created the office of deputy emergency services director. The assistant city manager shall be the deputy emergency services director. C. There is created the office of emergency operations center director, who shall be appointed by the emergency services director. D. There is created the office of city disaster preparedness officer. The fire chief shall be the city disaster preparedness officer. (Ord. 1560 § 4, 2011: prior code § 2430.3) 2.24.060 Officers—Powers and duties. A. The emergency services director is empowered to: 1. Request the city council to proclaim the existence or threatened existence of a “local emergency” if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the emergency services director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; 2. Request the governor to proclaim a “state of emergency” when, in the opinion of the emergency services director, the locally available resources are inadequate to cope with the emergency; 3. Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of the ordinance codified in this chapter; 4. Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; Ch. 2.24 Emergency Services | San Luis Obispo Municipal Code Page 2 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Attachment 35 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 302 5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter; 6. 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,” the emergency services director is empowered: a. 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; b. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use; c. To require emergency services of any city officer or city employee and, in the event of the proclamation of a “state of emergency” in the county in which this city is located, or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers; d. To requisition necessary personnel or material of any city department or agency; and e. To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, and all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority. B. The emergency services director shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the city council. C. The deputy emergency services director shall assist the emergency services director in all respects, particularly in coordinating the activities of city staff members and volunteer members of the emergency organization. D. The emergency operations center director shall, under the supervision of the emergency services director, manage the city’s emergency operations center when activated to respond to and recover from an emergency or disaster. The emergency operations center director with the assistance of other city staff and volunteers shall develop emergency action plans to control and manage any emergency or disaster in this city. (Ord. 1560 § 5, 2011: prior code § 2430.4) Ch. 2.24 Emergency Services | San Luis Obispo Municipal Code Page 3 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Attachment 35 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 303 2.24.070 Emergency organization—Membership. All officers and employees of this city, together with those volunteer forces enrolled to aid the emergency organization during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.24.060(A)(6)(c), be charged with duties pertaining to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. All above mentioned members of the emergency organization, without exception, will be considered disaster service workers giving them protection under California Senate Bill 39—Personal liability immunity: “disaster service workers” (State of California Civil Code Section 1714.5), or as that section subsequently may be amended. (Ord. 1560 § 6, 2011: prior code § 2430.5) 2.24.080 Emergency operations plan. The emergency services director, the disaster preparedness officer and other city department heads shall be responsible for the development of and updates to the city emergency operations plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. (Ord. 1560 § 7, 2011: prior code § 2430.6) 2.24.090 Expenditures. Any expenditures made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Prior code § 2430.6(a)) 2.24.100 Violation—Penalty. It shall be a misdemeanor, punishable by a fine not in excess of five hundred dollars or by imprisonment for a period not to exceed six months, or both, for any person, during an emergency, to: A. Wilfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter; B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give, assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Prior code § 2430.7) Ch. 2.24 Emergency Services | San Luis Obispo Municipal Code Page 4 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Attachment 35 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 304 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.slocity.org City Telephone: (805) 781-7100 Code Publishing Company Ch. 2.24 Emergency Services | San Luis Obispo Municipal Code Page 5 of 5 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Attachment 35 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 305 9.22.010 9.22.020 9.22.030 9.22.040 Chapter 9.22 SAFETY ENHANCEMENT ZONES Sections: Designation process. Safety enhancement zone penalties and violations. Prosecution criminally or administratively. City of San Luis Obispo safety enhancement zone. 9.22.010 Designation process. The city council may by ordinance, or by resolution upon a finding that there is a need to take immediate action to protect the public health, safety and welfare, designate a specific geographical area as a “safety enhancement zone” and specify the date and/or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of the San Luis Obispo Municipal Code. The ordinance or resolution establishing a safety enhancement zone shall contain the following provisions: A. A description of the geographical area comprising the safety enhancement zone; and B. The date and time, or other specific description of the time period during which the safety enhancement zone designation is applicable to the geographical area. (Ord. 1469 § 1 (part), 2004) 9.22.020 Safety enhancement zone penalties and violations. A. Any violation of designated sections of the San Luis Obispo Municipal Code that is committed within an area that has been designated by the city council as a safety enhancement zone, and during the time that designation is effective, shall be subject to a fine that is twice the amount of the fine specified for the designated municipal code sections, up to a maximum of one thousand dollars. B. Safety Enhancement Zone Violations. Fines for violations committed in the safety enhancement zone shall apply to the following provisions: Chapter 9.04 (possession of open containers or consumption of alcoholic beverages in public places), Chapter 9.05 (hosting a gathering where underage persons consume alcohol), Chapter 9.12 (noise control), Chapter 9.13 (unruly gatherings), Chapter 9.16 (dangerous and deadly weapons), and Chapter 9.20 (urination in public). A separate offense shall be deemed to have been committed whenever a person repeats the act that constitutes the violation. (Ord. 1548 § 2, 2010) Ch. 9.22 Safety Enhancement Zones | San Luis Obispo Municipal Code Page 1 of 2 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Attachment 36 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 306 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.slocity.org City Telephone: (805) 781-7100 Code Publishing Company 9.22.030 Prosecution criminally or administratively. A violation under this chapter may be prosecuted either criminally or administratively pursuant to Chapter 1.24. (Ord. 1469 § 1 (part), 2004) 9.22.040 City of San Luis Obispo safety enhancement zone. A. The entire area within the city limits of San Luis Obispo is designated a safety enhancement zone during the Mardi Gras period, effective from 12:01 a.m. on the Thursday preceding “Fat Tuesday” until seven a.m. on the Wednesday following “Fat Tuesday.” B. The entire area within the city limits of San Luis Obispo is designated a safety enhancement zone from 12:01 a.m. on March 17th (St. Patrick’s Day) until seven a.m. on March 18th of each year. C. The entire area within the city limits of San Luis Obispo is designated a safety enhancement zone from 12:01 a.m. on October 31st (Halloween) until seven a.m. on November 1st of each year. If Halloween falls on a Thursday, Friday, Saturday or Sunday, the safety enhancement zone period will be effective at 12:01 a.m. on the Thursday falling on or preceding October 31st until seven a.m. on the Monday following October 31st. D. The entire area within the city limits of San Luis Obispo is designated a safety enhancement zone from 12:01 a.m. on the first day of Cal Poly University’s housing move-in day until seven a.m. of the Monday following the first weekend of the fall academic school year. (Ord. 1590 § 2, 2013) Ch. 9.22 Safety Enhancement Zones | San Luis Obispo Municipal Code Page 2 of 2 The San Luis Obispo Municipal Code is current through Ordinance 1687, passed September 1, 2020. Attachment 36 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 307 INSPECTION WORKSHEET (CODE-11592-2020) CODE-000558-2020Case Number:Case Module:Permit Management 11/30/2020 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:188 Tank Farm Rd San Luis Obispo, CA 93401 053-251-054 Company Name NameContact Type KENNEDY CLUB FITNESS OF SLO A DE LLC Property Owner KENNEDY CLUB FITNESS OF SLO A DE LLC Checklist Item CommentsPassed General Inspection Comments False Attempted inspection. The facility was open to customers at the time of inspection. While waiting for the manager a number of patrons were observed inside of the facility traveling to the second level where most gym equipment is located. The facility manager advised that a further interior inspection would not be allowed without a warrant. I left the property. January 12, 2021 Page 1 of 1 Attachment 37 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 308 INSPECTION WORKSHEET (CODE-11932-2020) CODE-000558-2020Case Number:Case Module:Permit Management 12/02/2020 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:188 Tank Farm Rd San Luis Obispo, CA 93401 053-251-054 Company Name NameContact Type KENNEDY CLUB FITNESS OF SLO A DE LLC Property Owner KENNEDY CLUB FITNESS OF SLO A DE LLC Checklist Item CommentsPassed General Inspection Comments False Inspection performed from the public sidewalk. Numerous vehicles were observed in the parking lot for the business. Four to five patrons were observed to have entered and exited at the front entrance of the fitness facility. They were all wearing fitness clothing or carrying a sports bag. The interior of the business appeared to be open to the public. January 12, 2021 Page 1 of 1 Attachment 38 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 309 Attachment 38 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 310 Attachment 38 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 311 Attachment 38 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 312 Attachment 38Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 313 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 314 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 315 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 316 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 317 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 318 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 319 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 320 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 321 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 322 Attachment 39 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 323 INSPECTION WORKSHEET (CODE-11933-2020) CODE-000558-2020Case Number:Case Module:Permit Management 12/07/2020 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:188 Tank Farm Rd San Luis Obispo, CA 93401 053-251-054 Company Name NameContact Type KENNEDY CLUB FITNESS OF SLO A DE LLC Property Owner KENNEDY CLUB FITNESS OF SLO A DE LLC Checklist Item CommentsPassed General Inspection Comments False Inspection performed from the public sidewalk. Numerous vehicles were observed in the parking lot for the business. Approximately 15 patrons were observed to have entered and exited at the front entrance of the fitness facility. They were all wearing fitness clothing or carrying a sports bag. The interior of the business appeared to be open to the public. January 27, 2021 Page 1 of 1 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 324 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 325 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 326 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 327 INSPECTION WORKSHEET (CODE-11972-2020) CODE-000558-2020Case Number:Case Module:Permit Management 12/08/2020 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:188 Tank Farm Rd San Luis Obispo, CA 93401 053-251-054 Company Name NameContact Type KENNEDY CLUB FITNESS OF SLO A DE LLC Property Owner KENNEDY CLUB FITNESS OF SLO A DE LLC Checklist Item CommentsPassed General Inspection Comments False Inspection performed from the public sidewalk. Numerous vehicles were observed in the parking lot for the business. Approximately 15 patrons were observed to have entered and exited at the front entrance of the fitness facility. They were all wearing fitness clothing or carrying a sports bag. The interior of the business appeared to be open to the public. January 27, 2021 Page 1 of 1 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 328 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 329 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 330 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 331 INSPECTION WORKSHEET (CODE-11973-2020) CODE-000558-2020Case Number:Case Module:Permit Management 12/09/2020 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:188 Tank Farm Rd San Luis Obispo, CA 93401 053-251-054 Company Name NameContact Type KENNEDY CLUB FITNESS OF SLO A DE LLC Property Owner KENNEDY CLUB FITNESS OF SLO A DE LLC Checklist Item CommentsPassed General Inspection Comments False Inspection performed from the public sidewalk. Numerous vehicles were observed in the parking lot for the business. Approximately 15 patrons were observed to have entered and exited at the front entrance of the fitness facility. They were all wearing fitness clothing or carrying a sports bag. The interior of the business appeared to be open to the public. January 27, 2021 Page 1 of 1 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 332 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 333 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 334 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 335 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 336 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 337 INSPECTION WORKSHEET (CODE-12144-2020) CODE-000558-2020Case Number:Case Module:Permit Management 12/10/2020 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:188 Tank Farm Rd San Luis Obispo, CA 93401 053-251-054 Company Name NameContact Type KENNEDY CLUB FITNESS OF SLO A DE LLC Property Owner KENNEDY CLUB FITNESS OF SLO A DE LLC Checklist Item CommentsPassed General Inspection Comments False Inspection performed from the public sidewalk. Numerous vehicles were observed in the parking lot for the business. Approximately 15 patrons were observed to have entered and exited at the front entrance of the fitness facility. They were all wearing fitness clothing or carrying a sports bag. The interior of the business appeared to be open to the public. January 27, 2021 Page 1 of 1 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 338 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 339 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 340 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 341 INSPECTION WORKSHEET (CODE-12145-2020) CODE-000558-2020Case Number:Case Module:Permit Management 12/11/2020 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:188 Tank Farm Rd San Luis Obispo, CA 93401 053-251-054 Company Name NameContact Type KENNEDY CLUB FITNESS OF SLO A DE LLC Property Owner KENNEDY CLUB FITNESS OF SLO A DE LLC Checklist Item CommentsPassed General Inspection Comments False Inspection performed from the public sidewalk. Numerous vehicles were observed in the parking lot for the business. Approximately 15 patrons were observed to have entered and exited at the front entrance of the fitness facility. They were all wearing fitness clothing or carrying a sports bag. The interior of the business appeared to be open to the public. January 27, 2021 Page 1 of 1 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 342 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 343 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 344 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 345 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 346 Attachment 40 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 347 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 348 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 349 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 350 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 351 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 352 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 353 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 354 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 355 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 356 Attachment 41 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 357 O 1692 ORDINANCE NO. 1692 (2021 SERIES) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING CHAPTER 2.24 EMERGENCY SERVICES) AND CHAPTER 9.22 (SAFETY ENHANCEMENT ZONES) OF THE MUNICIPAL CODE TO PROVIDE EXPRESSLY FOR DIRECT ENFORCEMENT OF LOCAL, STATE AND FEDERAL EMERGENCY RULES, REGULATIONS, ORDERS, DIRECTIVES, OR OTHER ENACTMENTS RELATED TO THE DECLARATION OF A LOCAL, STATE OR FEDERAL EMERGENCY AFFECTING THE CITY OF SAN LUIS OBISPO AND FURTHER CLARIFYING THE MEANING OF THE PHRASE “ANY LAWFUL RULE OR REGULATION ISSUED PURSUANT TO THIS CHAPTER” AS USED IN CHAPTER 2.24 WHEREAS, the City of San Luis Obispo is currently subject to local, state and federal declarations of emergency related to the pandemic COVID-19; and WHEREAS, the City and County have experienced increasing and significant rates of infection, hospitalization, and death of residents within the City and County due to COVID-19; and WHEREAS, the City and County are currently subject to State Public Health and Executive orders enacting limitations on certain activities and business operations that increase the risk of transmission of COVID-19; and WHEREAS, clear enforcement authority of public health and emergency measures directly by the City is imperative to mitigating against the spread of COVID-19 and continuing increases in illness, loss of life and extended economic damage associated with extended limitations on and closures of businesses. WHEREAS, there is an immediate and urgent need for clarification and amendment of the City’s emergency and administrative enforcement provisions to ensure clear and consistent enforcement of COVID-19 emergency and public health measures necessary to mitigate against the risk of serious harm to citizens of the City as the result of COVID-19. WHEREAS, failure to enact the provisions below as emergency measures could result in the invalidation of City enforcement of urgent emergency rules and regulations intended to mitigate and prevent the spread of COVID-19 within the City, resulting in the increase of activities within the City that present a risk of continuing and increasing illness and death of residents in the City due to COVID-19; and Attachment 42 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 358 Ordinance No. 1692 (2021 Series) Page 2 O 1692 WHEREAS, failure or refusal of businesses within the city to comply with COVID-19 public health and safety requirements, and uncertainty regarding the City’s ability to enforce such measures, may unfairly disadvantage businesses acting in good faith to abide by applicable health and safety measures and result in an unfair advantage to businesses who violate or disregard such measures, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council hereby finds and declares the following: a. During the existence of a declared local, state, or federal emergency, it is necessary for the Emergency Services Director, the Disaster Council or the City Council to have clear authority to act quickly and directly to enact such measures as are deemed necessary to protect the health, safety and welfare of City operations and the residents of the City. b. Express and unambiguous authority to enforce emergency and public health measures, orders or directives issued by County, State and federal authorities will permit the City to respond effectively to rapidly evolving emergency situations and take direct and expedient action to implement and enforce emergency and public health and safety measures necessary to protect the City organization and residents of the City. c. It is the intent of the City Council that nothing herein is intended to or shall require the City to undertake the direct enforcement of any emergency or public health measure, order or directive issued by any County of San Luis Obispo, State of California or Unites States jurisdictional authority authorized to issue or enact such measures, orders or directives, but that the Emergency Services Director, the Disaster Council or the City Council shall be empowered to enforce such measures, orders or directives, either criminally or administratively, as a violation of the municipal code upon declaration, order or resolution of the Emergency Services Director, the Disaster Council or the City Council pursuant to Chapter 2.24 and their local emergency powers. d. The addition of Section 2.24.060 A.6.f as set forth below is a declaration and clarification of existing city law and, as such, the declaration of otherwise existing emergency authority shall be applied in all instances, both prospectively and retroactively. e. The addition of Sections 2.24.100 D and E, as set forth in Section 3 below, is a declaration and clarification of existing city law and, as such, the meaning of the phrase rule or regulation issued pursuant to this chapter” as set forth in section D and as used elsewhere in this Chapter shall be applied in all instances, both prospectively and retroactively. f. The addition of Sections 2.24.100 F, as set forth in Section 3 below, is a declaration and clarification of existing city law and, as such, the declaration and clarification of existing emergency and legislative authority as set forth in Section F shall be applied in all instances, both prospectively and retroactively. Attachment 42 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 359 Ordinance No. 1692 (2021 Series) Page 3 O 1692 SECTION 2. Section 2.24.060 (Officers – Powers and Duties), subsection A.6, shall be amended to add subsection f to read as follows: f. Nothing herein shall limit or otherwise preclude the Disaster Council or City Council from directly enacting measures or directing enforcement of measures in furtherance of this Chapter or as deemed necessary by the City Council to protect the public health, safety, and welfare, pursuant to any declared local, state, or federal emergency by any lawful means otherwise available to them, including but not limited to, declaration, proclamation, motion, minute order, resolution, or ordinance. SECTION 3. Section 2.24.100 (Violation – Penalty) of the San Luis Obispo Municipal Code shall be amended to read as follows: It shall be a misdemeanor, punishable by a fine not in excess of five hundred dollars or by imprisonment for a period not to exceed six months, or both, for any person, during an emergency, to engage in the actions set forth in subsections A-C below: A. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter. B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give, assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof. Any violation of any duly enacted public health measure to mitigate or prevent the transmission of a communicable disease that presents a risk of serious illness or death to City residents or of any emergency measure enacted to prevent the exposure of residents to shall be presumed “to imperil the lives or property of inhabitants of this city”; and failure to remedy such violation after direction by any authorized city personnel charged with enforcing such measures shall be presumed “to prevent, hinder or delay the defense or protection thereof” for purposes of this Chapter. C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Prior code § 2430.7) D. As used in this Chapter 2.24, “rule or regulation issued pursuant to this chapter” means, in addition to any duly adopted ordinance of the City, any duly adopted resolution, proclamation, declaration or order of the City Council, the Disaster Council or the Emergency Services Director in furtherance of their respective emergency powers pursuant to a declared local (City or County), state or federal emergency affecting the City of San Luis Obispo. Attachment 42 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 360 Ordinance No. 1692 (2021 Series) Page 4 O 1692 E. As used in this Chapter 2.24, “rule or regulation issued pursuant to this chapter” shall also include any emergency or public health measure, order or directive applicable in the City and issued by any County of San Luis Obispo, State of California or Unites States jurisdictional authority authorized to issue or enact such emergency or public health measures, orders or directives, where the City Council, Disaster Council and/or Emergency Services Director has authorized or directed the enforcement of such measures pursuant to their powers under this chapter or their otherwise applicable authority to take actions in furtherance of the health, safety and welfare of the city organization and residents. F. In addition to misdemeanor prosecution, nothing herein shall preclude enforcement of violations of this Chapter by any means otherwise permitted by the San Luis Municipal Code or other applicable law, including but not limited to administrative or civil enforcement. SECTION 4. Section 9.22.020 B (Safety Enhancement Zone Violations) of Chapter 9.22 Safety enhancement zone penalties and violations) is amended to read as follows: B. Safety Enhancement Zone Violations. Fines for violations committed in the safety enhancement zone shall apply to the following provisions: Chapter 9.04 (possession of open containers or consumption of alcoholic beverages in public places), Chapter 9.05 hosting a gathering where underage persons consume alcohol), Chapter 9.12 (noise control), Chapter 9.13 (unruly gatherings), Chapter 9.16 (dangerous and deadly weapons), and Chapter 9.20 (urination in public). Violations of Chapter 2.24 Emergency Services), or of any duly enacted rule or regulation pursuant to Chapter 2.24, or of any local (City or County of San Luis Obispo), State of California, or United States emergency or public health emergency measure, order or directive issued pursuant to any declared local, state, or federal emergency applicable within the City shall be subject to enforcement throughout the geographic limits of the City under this section immediately upon declaration of the emergency, and for the duration of the declared emergency, and shall be subject to an immediate $1,000 penalty as an immediate threat to public health or safety. A separate offense shall be deemed to have been committed whenever a person repeats the act that constitutes the violation. SECTION 5. All prior ordinances affecting the provisions herein are superseded to the extent inconsistent herewith but shall otherwise remain in full force and effect. SECTION 6. Urgent Need. Based on the foregoing recitals and findings, all of which are deemed true and correct, this ordinance is urgently necessary as an emergency measure for the immediate preservation of the public peace, health, or safety and, therefore, shall take effect immediately upon adoption in accordance with the provisions of Article VI, Section 605 of the City Charter and Section 36937(b) of the Government Code. Attachment 42 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 361 Ordinance No. 1692 (2021 Series) Page 5 O 1692 SECTION 7. Publication. Within 15 days after its passage, the City Clerk shall cause a summary of this Ordinance to be published at least once, with the names of those City Council Members voting for and against the Ordinance, in a newspaper of general circulation published and circulated in the city. SECTION 8. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct, and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance. INTRODUCED and ADOPTED on the 19th day of January 2021, by the Council of the City of San Luis Obispo, on the following vote: AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None ABSENT: None 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 Attachment 42 Administrative Review Board Meeting of 2/9/2021 Item 1 - Staff Report Page 362