HomeMy WebLinkAboutR-11208 affirming actions of the Emergency Services Director relataed to the COVID-19 Pandemic (ESD Proclamation No. 6)R 11208
RESOLUTION NO. 11208 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA AFFIRMING ACTIONS OF THE EMERGENCY
SERVICES DIRECTOR AND EXPRESSLY AFFIRMING ACTIONS OF
THE COUNTY OF SAN LUIS OBISPO AS APPLICABLE AND
ENFORCEABLE WITHIN CITY JURISDICTION
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, 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, on January 7, 2021, the City of San Luis Obispo Emergency Services
Director issued Proclamation No. 6 related to allowing crematory and mortuary businesses to
operate under extended hours (attached hereto as Exhibit A); 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 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, 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 City Council of the City of San Luis
Obispo that:
Resolution No. 11208 (2021 Series) Page 2
R 11208
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, 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 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 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. 6 related to allowing crematory and mortuary businesses to
operate under extended hours issued January 7, 2021 (attached hereto as Exhibit A). City ESD
Proclamation No. 6 shall remain in full force and effect within the City of San Luis Obispo until
expressly terminated by the City of San Luis Obispo Emergency Services Director or the City
Council.
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.
SECTION 6. The Emergency Services Director and Finance Director or their designees
are hereby directed and authorized to pursue recovery from all available State and Federal agencies
for reimbursement for COVID-19 related City costs and expenses from and after the Determination
That a Public Health Emergency Exists since January 27, 2020.
Resolution No. 11208 (2021 Series) Page 3
R 11208
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 Marx, and
on the following roll call vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was approved this 12th day of January 2021.
____________________________________
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
P 06 (2021 Series)
EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 6 (2021 SERIES)
A PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR OF
THE CITY OF SAN LUIS OBISPO, CALIFORNIA, SUSPENDING
RESTRICTIONS ON CITY REGULATED HOURS OF OPERATION FOR
CREMATORY AND MORTUARY BUSINESSES IN THE CITY OF SAN
LUIS OBISPO
WHEREAS, Section 2.24.060 of the San Luis Obispo Municipal Code empowers the
Emergency Services Director, in the event of the proclamation of a “local emergency” as provided
in this subsection, the proclamation of a “state of emergency” by the Governor or the Director of
the California Emergency Management Agency, a “federal declaration of emergency” or the
existence of a “state of war emergency,” to make and issue rules and regulations on matters
reasonably related to the protection of life and property as affected by such emergency; provided,
however, such rules and regulations must thereafter be confirmed by the City Council; and
WHEREAS, Section 2.24.020 of the Municipal Code includes an epidemic as one of the
proper grounds for proclaiming a local emergency; and
WHEREAS, the President of the United States has declared a State of National
Emergency; the Governor of the State of California has proclaimed a State of Emergency for the
State of California related to the spread of cases of COVID-19 within the State of California; the
San Luis Obispo County Emergency Services Director has proclaimed a local emergency; and the
San Luis Obispo County Public Health Director has declared a public health; and the City Council
declared a continuing local all related the spread of cases of COVID-19 within the State of
California and the County of San Luis Obispo; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
within the City, caused by recent increases in confirmed cases, hospitalizations, deaths and the
continuing risk of spread of the pandemic of the virus known as COVID-19 and the demands on
public services to mitigate and respond to those risks, as described in the President’s Declaration
of a National Emergency, the Governor’s Proclamation of a State of Emergency, the County
Emergency Services Director’s Proclamation of Local Emergency and the County Public Health
Director’s Declaration of a Public Health Emergency, and the City’s Declaration of Local
Emergency and all recitals set forth therein, which are included by reference as though fully set
forth herein; and
WHEREAS, the City of San Luis Obispo has limited providers of crematory and mortuary
services within its jurisdiction and some of those providers have notified the City that they are
unable to meet current demands for such services within their otherwise allowed hours of operation
and providers have requested the City suspend limitations on currently applicable hours of
operation; and
Exhibit A
ESD Proclamation No. 6 (2021 Series) Page 2
P 06 (2021 Series)
WHEREAS, in the absence of such actions, existing services may become overwhelmed
and unable to keep up with demand for crematory and mortuary services necessary to address
recent spikes in local COVID-19 cases and deaths; and
WHEREAS, the City of San Luis Obispo Emergency Services Director has considered the
requests of the service providers and deems the requested actions necessary to protect the public
health, safety and welfare during such time as the declared pandemic emergency continues.
NOW, THEREFORE, BE IT PROCLAIMED by the Emergency Services Director of
the City of San Luis Obispo, based on the findings set forth in the recitals above, that:
SECTION 1. Pursuant to the City’s authority under California Constitution Article XI,
Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations necessary for the protection of the City; the City of San Luis Obispo Charter; and
Chapter 2.24 of the San Luis Obispo Municipal Code, emergency measures related to the pandemic
of COVID-19 are necessary to suspend City regulated limitations on hours of operation otherwise
applicable for crematory and mortuary services providers within the City.
SECTION 2. Effective immediately upon notice of this proclamation, all City
regulated limitations on hours of operation currently applicable to any provider of crematory or
mortuary services within the City are hereby suspended until such time as the City Council or
Emergency Services Director declares the termination of the declaration of local emergency or
such other or earlier time as may be determined necessary and appropriate by the Council or
Director.
SECTION 3. Incorporation by reference. This Order is issued in accordance with, and
incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by
Governor Gavin Newsom, the March 13, 2020 Proclamation by the Director of Emergency
Services Declaring the Existence of a Local Emergency in the County, the March 13, 2020
Declaration of Local Health Emergency Regarding Novel Coronavirus 2019 (COVID-19) issued
by the Health Director; and the City of San Luis Obispo’s March 17, 2020 Resolution Declaring a
Local Emergency and all subsequent and continuing State, County and City orders related to
COVID-19 whether or not specifically referenced herein.
SECTION 4. City Council confirmation. This Proclamation shall be presented to the
City Council of the City of San Luis Obispo for ratification at or before its January 12, 2021
meeting, pursuant to San Luis Obispo Municipal Code Section 2.24.060.
ESD Proclamation No. 6 (2021 Series) Page 3
P 06 (2021 Series)
SECTION 5. Posting. A copy of this order and regulation shall be broadly publicized and
posted on all outside public access doors of City Hall of the City of San Luis Obispo and in one
public place within any area of the City within which this order and regulation applies and
personnel of the City of San Luis Obispo shall endeavor to make copies of this order and regulation
available to the news media.
The foregoing Proclamation was approved this 7th day of January 2021 at 7:00 PM.
____________________________________
Derek Johnson, Emergency Services Director
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 7th day of January, 2021.
____________________________________
Teresa Purrington
City Clerk