HomeMy WebLinkAboutR-11138 affirming the actions of the Emergency Services Director (ESD Proclamation No. 3)R 11138
RESOLUTION NO. 11138 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AFFIRMING ACTIONS OF THE EMERGENCY
SERVICES DIRECTOR
WHEREAS, section 2.24.060 of the Municipal Code empowers the Emergency Services
Director, in the event of the proclamation of a "local emergency" as provided in this subsection,
the proclamation of a " state of emergency" by the Governor or the Director of the California
Emergency Management Agency, a " federal declaration of emergency" or the existence of a "state
of war emergency," to make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; provided, however, such rules and
regulations must be confirmed at the earliest practicable time by the City Council; and
WHEREAS, section 2.24.020 of the Municipal Code includes an epidemic as one of the
proper grounds for proclaiming a local emergency; and
WHEREAS, the President of the United States has declared a State of National
Emergency; the Governor of the State of California has proclaimed a State of Emergency for the
State of California and issued Executive Orders and direction regarding measures to mitigate the
spread of cases of COVID-19 within the State of California; the San Luis Obispo County
Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County
Public Health Director has declared a public health emergency related the spread of cases of
COVID-19 within the State of California and all recitals set forth therein, are included as though
fully set forth herein; and
WHEREAS, the pandemic COVID-19 continues to spread rapidly worldwide and in the
U.S., continuing to present an immediate and significant risk to public health and safety, and
resulting in serious illness or death to vulnerable populations, including the elderly and those with
underlying health conditions; and
WHEREAS, heightened levels of public health and safety planning and preparedness have
been necessitated in preparation for and response to confirmed cases of COVID-19 in the County
of San Luis Obispo, and rapid response not lending itself to otherwise applicable n otice and
approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and
to mitigate against the spread of COVID- 19 and its resulting public health and safety impacts; and
WHEREAS, in the absence of such actions, County wide health services may become
overwhelmed and unable to keep up with medical demand for care and availability of hospital or
care facility capacity.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
Resolution No. 11138 (2020 Series) Page 2
R 11138
SECTION 1. All recitals set forth above, and all recitals included in support of Federal,
State and County actions referenced herein, are adopted as though fully set forth herein as findings
in support of this Resolution.
SECTION 2. A local emergency continues to exist throughout the City, and the City has
been undertaking, and will continue through cessation of this emergency to undertake, necessary
measures and incur necessary costs, which are directly related to the prevention of the spread of
the COVID- 19 Virus and are taken in furtherance of: the Secretary of Health and Human Services
Secretary’ s determination that a public health emergency has existed since January 27, 2020; City
Council’ s Proclamation of Local Emergency on March 17, 2020; the Governor’ s Proclamati on
of a State of Emergency on March 4, 2020; the President of the United States’ Declaration of a
National Emergency on March 13, 2020; the County Emergency Services Director’ s Proclamation
of Local Emergency and the County Public Health Director’s Declar ation of a Public Health
Emergency on March 13, 2020, and related orders and directions.
SECTION 3. During the existence of said local emergency, the powers, functions, and
duties of the Emergency Services Director and the Emergency Organization of this City shall be
those prescribed by state law, ordinances, and resolutions of this City and by the City of San Luis
Obispo Emergency Operations Plan, notwithstanding otherwise applicable procedures, timelines
or methods of action and the Emergency Services Director is expressly authorized to take any and
all actions in furtherance of emergency powers to address the local emergency.
SECTION 4. The City Council hereby affirms the City of San Luis Obispo Emergency
Services Director’s Proclamation No. 3, issued July 1, 2020 (Attached hereto as Ex. A), related to
the closure of alcohol establishments
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 pursuan t to a resolution
adopted by the City Council of the City San Luis Obispo.
Resolution No. 11138 (2020 Series) Page 3
R 11138
SECTION 6. A copy of this Resolution shall be posted on all outside public access doors
of City Hall of the City of San Luis Obispo and in one public place within any area of the City
within which this Resolution applies and personnel of the City of San Luis Obispo shall endeavor
to make copies of this order and regulation available to the news media.
Upon motion of Council Member 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 adopted this 7th day of July 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ______________________.
_________________________________
Teresa Purrington
City Clerk
EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 3 (2020 SERIES)
A PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR OF
THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ORDERING THE
TEMPORARY CLOSURE OF BARS EFFECTIVE AT 10:00 P.M. ON
THURSDAY JULY 2, 2020 AND THEREAFTER LIMITING THE
MAXIMUM OCCUPANCY OF BARS AND ALCOHOL
ESTABLISHMENTS WITHIN THE CITY OF SAN LUIS OBISPO
RELATED TO THE PANDEMIC OF VIRUS KNOWN AS COVID-19
WHEREAS, section 2.24.060 of the San Luis Obispo Municipal Code empowers the
Emergency Services Director, in the event of the proclamation of a "local emergency" as provided
in this subsection, the proclamation of a "state of emergency" by the Governor or the Director of
the California Emergency Management Agency, a "federal declaration of emergency" or the
existence of a "state of war emergency," to make and issue rules and regulations on matters
reasonably related to the protection oflife and property as affected by such emergency; provided,
however, such rules and regulations must be confirmed at the earliest practicable time by the City
Council; and
WHEREAS, section 2.24.020 of the Municipal Code includes an epidemic as one of the
proper grounds for proclaiming a local emergency; and
WHEREAS, the President of the United States has declared a State of National
Emergency; the Governor of the State of California has proclaimed a State of Emergency for the
State of California and issued Executive Orders directing measures to mitigate the spread of cases
of COVID-19 within the State of California, including social distancing and mandatory use of face
coverings in public places
(see https://www .cdph.ca .gov/Program /CID/DCDC/CDPH%20Document%20Library/COVID -
l9/Guidance-for-Face-Covering 06 -18-2020 .pgf); the San Luis Obispo County Emergency
Services Director has proclaimed a local emergency; and the San Luis Obispo County Public
Health Director has declared a public health emergency related the spread of cases of COVID-19
within the State of California; the City Council declared a continuing local emergency; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
within the City, caused by recent increases in confirmed cases and the continuing risk of spread of
the pandemic of the virus known as COVID-19 and the demands on public services to mitigate
and respond to those risks, as described in the President's Declaration of a National Emergency,
the Governor's Proclamation of a State of Emergency, the County Emergency Services Director's
Proclamation of Local Emergency and the County Public Health Director's Declaration of a Public
Health Emergency, and all recitals set forth therein, which are included as though fully set forth
herein; and
WHEREAS, maintenance of appropriate social distancing between non-household
individuals and groups and wearing face masks or coverings in public settings and where distance
between non-household members cannot be maintained has proven effective in mitigating the
spread of COVID-19; and
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Resolution No. 11138 (2020 Series) - Exhibit A
ESD Proclamation No. 3 (2020 Series) Page 2
WHEREAS, pursuant to the Order of the State Public Health Officer issued on May 7,
2020, the State Public Health Officer has progressively designated businesses that may reopen
with certain modifications, based on public health and safety needs, at
https://covidl 9 .ca.gov/roadmap and these modifications include the requirements for statewide
industry guidance for businesses from California's Resilience Roadmap, including the fifth
requirement of the statewide industry guidance for businesses, that all facilities must establish
physical distancing guidelines before reopening; and
WHEREAS, Governor Newsom and the State Public Health Officer have ordered and
directed that all jurisdictions should limit group gatherings and that all persons must wear face
masks or coverings in places open to the public and where at least six feet of space between non-
household individuals and groups cannot be maintained; and the Order required all Californians to
continue to obey the State public health directives made available at https://covidl 9.ca.gov/stay-
home-except-for-essential -needs and elsewhere as the State Public Health Officer may provide.
WHEREAS, the conditions of extreme peril concerning the spread of COVID-19 warrant
and necessitate measures to ensure social distancing and deter large congregations of persons, and
high-risk activities that increase the risk of community spread of the COVID-19 virus and the
wearing of face coverings or masks consistent with State emergency and public health orders; and
WHEREAS, gatherings at bars, pubs, and other on-sale alcohol serving establishments
throughout the City, encourages large concentrations of persons indoors, without face coverings
and results in alcohol consumption and associated adverse impacts on judgement and social
behaviors detrimental to mitigating the spread of COVID-19; and
WHEREAS, the City of San Luis Obispo is required to help enforce all restrictions and
requirements imposed by the State of California and by the County of San Luis Obispo acting as
the health agency; and
WHEREAS, since Phase II reopening, the Emergency Services Director and other staff of
the City of San Luis Obispo have received numerous complaints and personally observed large
congregations of non-household groups gathering indoors in bars, and alcohol serving
establishments in the City in violation of social distancing requirements and said establishments
appear unwilling or unable to comply with basic distancing requirements to protect the health and
safety of patrons and employees of the establishments; and
WHEREAS, the Governor has ordered the closure of bars and restaurants in 19 Counties
that have been on the State's monitoring list related to significant increases in COVID 19 cases,
many of which immediately surround the County of San Luis Obispo and create the likelihood of
increased tourism to the City and increased bar activity in the City due to the busy Fourth of July
holiday falling on a weekend; 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 with
recent increases in cases confirmed in the City with bar activity identified as an exposure vector,
P 03
Resolution No. 11138 (2020 Series) - Exhibit A
ESD Proclamation No. 3 (2020 Series) Page 3
immediate action must be taken to prevent the spread of the virus and to limit high risk activities
and gatherings in public serving spaces, requiring rapid response not lending itself to otherwise
applicable notice and approval timelines to mitigate against the further spread of COVID-19 and
its resulting public health and safety and economic impacts; and
WHEREAS, in the absence of such actions, the risk of rapid spread of COVID 19 is
increased and county wide health services may become overwhelmed and unable to keep up with
medical demand for care and availability of hospital or care facility capacity and the health and
safety of persons within the City will be endangered; and
WHEREAS, the City of San Luis Obispo Emergency Services Director has considered the
risks and deems that temporary closures and additional restrictions on otherwise allowed
occupancy limitations in bars and alcohol serving establishments are necessary to prevent the
spread of COVID-19.
NOW, THEREFORE, BE IT PROCLAIMED by the Emergency Services Director of
the City of San Luis Obispo, based on the findings set forth in the recitals above, that:
SECTION 1. Pursuant to the City's authority under California Constitution Article XI,
Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations necessary for the protection of the City; the City of San Luis Obispo Charter; and
Chapter 2.24 of the San Luis Obispo Municipal Code, emergency measures are necessary to limit
large scale social gatherings in public serving spaces that present a high risk of sustained close
contact and congregation and transmission of COVID-19 and to advance social distancing and
personal hygiene protocols necessary to prevent or minimize the spread of COVID-19 and protect
the public health, safety, welfare and economic security of the citizens of San Luis Obispo.
SECTION 2. Effective immediately upon notice of this proclamation:
A. All bars, breweries, pubs, wine tasting venues and other on-sale alcohol
establishments, in the City of San Luis Obispo, excluding production facilities that
do not include customer or other public contact and as specified in Section 4 below, are
ordered to close no later than 10:00 p.m. on Thursday July 2, 2020 and shall remain
closed continuously through Monday, July 6, 2020 at the opening time otherwise
specified by any permit, entitlement or regulation issued by the City or other regulatory
agency governing business hours of operation.
SECTION 3. Effective Monday, July 6, 2020:
A. Upon reopening as permitted in Section 2 above, the total occupancy for all bars,
breweries, pubs, wine tasting venues and other on-sale alcohol establishments in
the City of San Luis Obispo shall be limited to twenty five percent (25%) of the
posted maximum occupancy limits for any such business, excluding production
facilities that do not include customer or other public contact.
P 03
Resolution No. 11138 (2020 Series) - Exhibit A
ESD Proclamation No. 3 (2020 Series) Page 4
SECTION 4. Closure exceptions and requirements for open establishments.
B. All bars, restaurants, breweries, pubs, wine tasting venues and other on-sale
alcohol establishments in the City of San Luis Obispo that regularly provide full
service1, dine-in, table service of full meals, provided by a full kitchen, shall be
permitted to remain open and operate up to otherwise applicable maximum occupancy
limitations related to food service, but only during such times that such full service is
actually being offered. Such businesses shall at all times follow state and county
guidance for such food service activities and operations; and
C. All pick up and waiting areas at all public serving businesses within the City of San
Luis Obispo shall limit customer waiting areas in a manner that provides adequate
space for six (6) feet of separation between waiting customers from separate
households and provides for hand sanitation. Temporary physical markings such as
tape or stickers shall be installed to clearly assist the public to physical separate.
D. All other public serving businesses shall implement social distancing protocols to
ensure that customers of businesses open to the public maintain a six (6) foot distance
between customers and otherwise adhere to direction and guidelines from the state and
from the County Public Health Director found at
http ://www.sl o county .ca.gov/Department /Health-Agency/Public-Health/Novel -
Coronavirus-(COVID-19).aspx to assist in limiting the spread of COVID-19 in order
to reduce the length and severity of public health and economic impacts.
SECTION 5. Incorporation by reference. This Order is issued in accordance with, and
incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by
Governor Gavin Newsom, the March 13, 2020 Proclamation by the Director of Emergency
Services Declaring the Existence of a Local Emergency in the County, the March 13, 2020
Declaration of Local Health Emergency Regarding Novel Coronavirus 2019 (COVID-19) issued
by the Health Director; and the City of San Luis Obispo' s March 17, 2020 Resolution Declaring a
Local Emergency and all subsequent and continuing State, County and City orders whether or not
specifically referenced herein.
SECTION 6. City Council confirmation. This Proclamation shall be presented to the
City Council of the City of San Luis Obispo for confirmation at or before its July 7, 2020 meeting,
pursuant to San Luis Obispo Municipal Code Section 2.24.060.
SECTION 7. Enforcement. This proclamation shall be enforceable, and violations shall
be subject to penalties under Municipal Code Sections 2.24.100 and/or Administrative
Enforcement under Chapter 1.24 and Resolution No. 11106 (2020 Series), and prior Emergency
Resolutions of the City Council.
I Full service means tables, chairs, and seated table service that otherwise would restrict occupancy compared to
maximum occupancy for bar assembly, which is typically greater.
P 03
Resolution No. 11138 (2020 Series) - Exhibit A
ESD Proclamation No. 3 (2020 Series) Page 5
SECTION 8. Posting. A copy of this order and regulation shall be broadly publicized and
posted on all outside public access doors of City Hall of the City of San Luis Obispo and in one
public place within any area of the City within which this order and regulation applies and
personnel of the City of San Luis Obispo shall endeavor to make copies of this order and regulation
available to the news media.
SECTION 9. Warning prior to citation. No criminal citation for violation of this order
shall be issued, unless at least one in-person warning or notification of this proclamation has been
made at an affected business.
The foregoing Proclamation was approved this ~ day of ___ 0i.,.,.__J'---4"'-+-----2020 at
1 (, 'f lo hours. c7
ATTEST:
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
nson, Emergency Services Director
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this \* day of ..\u.\~ , 2020.
Tu~~A ~6 h( -&,.sa. ]lfl,~0"-.
Teresa urrington J"
City Clerk
P 03
Resolution No. 11138 (2020 Series) - Exhibit A