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HomeMy WebLinkAboutR-11131 proclaiming the continuing existence of a Local Emergency regarding the COVID-19 Pandemic and extending the life of Discretionary ApprovalsR 11131 RESOLUTION NO. 11131 (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 EXTENDING THE LIFE OF DISCRETIONARY APPROVALS, BUILDING PERMIT APPLICATIONS AND CANNABIS OPERATOR PERMITS TO MITIGATE ECONOMIC IMPACTS AND AID IN ECONOMIC RECOVERY 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 has subsequently regularly reviewed said proclamation and proclaimed the continuation of local emergency; 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 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 and has issued subsequent orders permitting phased re-opening and requiring continuing measures to mitigate the spread of COVID- 19; 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, the pandemic COVID-19 continues to spread 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 is anticipated to continue to spread in response to phased re- openings and significant heightened social interaction and group gatherings associated with recent protest activity; and Resolution No. 11131 (2020 Series) Page 2 R 11131 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 its related, and to mitigate against the spread or resurgence of COVID-19 and its resulting mental and physical health, social, and economic impacts, compromising the public health and safety; and WHEREAS, in the absence of such actions, an escalation of the spread remains an imminent threat and County wide health services may become overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity; and WHEREAS, the pandemic and necessary federal, state and local public health orders requiring social distancing to prevent spread of COVID-19 have had and will continue to have devastating economic impacts on the local community, including residents, businesses, employees and City operations; and WHEREAS, the City has instituted its Fiscal Health Contingency Plan in order to mitigate against economic impacts of emergency response costs and significant revenue reductions and has made drastic reductions to current and projected city costs through reductions in purchasing, limits on hiring, capital improvement project deferrals, and furloughs of temporary and supplemental staff; 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, absent continuation of preventative measures, and in the absence of a vaccine, is still deemed to be beyond the control of normal protective service, personnel, equipment, and facilities of and within the City; and SECTION 3. Due to the severe economic impacts of COVID-19 and its economic impacts on the community and the City organization and in order to prevent situations where developers or contractors need to restart the discretionary review process or delay construction projects with the need to reapply for permits or request individual extensions and to focus limited staff resources on supporting the effective implementation of COVID-19 public health and safety compliance measures for the protection of employees and customers of businesses within the City, and enforcement of the highest priority provisions for the protection of the general health and safety of the community, the Council deems it necessary to take the following actions related to the continuing existence of a local emergency and in support of economic recovery therefrom: Resolution No. 11131 (2020 Series) Page 3 R 11131 1. Toll the expiration of all discretionary approvals covered by Municipal Code Section 17.104.070 from the declaration of the pandemic emergency (beginning March 17, 2020). 2. Automatically extend the life of all discretionary approvals covered by Municipal Code Section 17.104.070 by one year after the termination of the declared local emergency. 3. Automatically extend the life of all active building permits applications by six months, as authorized by California Building Code Section 105.3.2. 4. Extend the life of all commercial cannabis business operator permits by a fixed period of six months from the original expiration date. If any operator’s permit currently issued from the existing application period is not activated and expires or is deemed abandoned at the conclusion of the period specified herein, the City shall open a subsequent application period for any retail storefront permits available during which applications from any previously qualified or permitted applicant may follow the normal process to submit a new application, along with the applications of any new applicants. SECTION 4. All existing orders of the San Luis Obispo County Emergency Services Director as currently in effect and as subsequently clarified, amended, modified or superseded by subsequent action or order of the County Emergency Services Director, the County Public Health Officer, and/or the County Board of Supervisors, are hereby expressly acknowledged and declared to be enforceable within the City of San Luis Obispo as if directly enacted by the City Council pursuant to San Luis Obispo Municipal Code Chapter 2.24 and shall be enforceable under Municipal Code 2.24.100 until such time as terminated by the issuing authority. SECTION 5. The proclamation of local emergency shall be deemed to continue to exist until it is terminated by the City Council of the City of San Luis Obispo pursuant to a resolution adopted by the City Council of the City San Luis Obispo or its Emergency Services Director. SECTION 6. The City has been undertaking, and will continue through cessation of this emergency to undertake, necessary measures and incur necessary and extraordinary 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 and subsequent proclamations of continuing local emergency 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. SECTION 7. 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. Resolution No. 11131 (2020 Series) Page 4 R 11131 SECTION 8. 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 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 adopted this 16th day of June 2020. ____________________________________ Heidi Harmon Mayor 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