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HomeMy WebLinkAboutOrdinance 644We URGENCY ORDINANCE NO. 644 URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AFFIRMING ORDERS OF THE STATE OF CALIFORNIA AND THE EMERGENCY SERVICES DIRECTOR AND PUBLIC HEALTH OFFICER OF THE COUNTY OF SAN LUIS OBISPO AND THE CITY DIRECTOR OF EMERGENCY SERVICES RELATED TO THE COVED -19 STATE AND LOCAL EMERGENCY AND EXPRESSLY AFFIRMING SUCH ACTIONS AND ORDERS AS APPLICABLE AND ENFORCEABLE WITHIN CITY JURISDICTION WHEREAS, the federal Centers for Disease Control and Prevention ("CDC") has confirmed thousands of cases of individuals who have severe respiratory illness caused by a novel coronavirus, called COVID-19, as well as deaths caused by this illness; and WHEREAS, the World Health Organization declared COVID-19 a pandemic, and the CDC announced that community spread of COVID-19 is likely to occur in the United States; and r'1 WHEREAS, the President of the United States has declared a State of National Emergency and, on March 4, 2020, 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; and WHEREAS, the increase of reported cases and deaths associated with COVID-19 also prompted the County of San Luis Obispo to proclaim a local public health emergency on March 13, 2020; and WHEREAS, Section 4-4.07 of the Atascadero Municipal Code and the Emergency Service Act (Gov. Code §§ 8550 et seq.) empower the Director of Emergency Services (City Manager) to proclaim a local emergency when the City is affected by extreme peril to the safety of persons and property within the territorial limits of the city caused by such conditions as an epidemic, and on March 14, 2020 the Director issued a proclamation declaring a Local Emergency due to COVID-19; and WHEREAS, on March 17, 2020, the City Council adopted Resolution 2020-005 declaring the existence of a local emergency with the City due to COVID 19; and WHEREAS, since the emergency due to COVID-19 began, there have been multiple Orders issued by Governor Newsom and the State Department of Public Health and the County of San Luis Obispo Health Officer and by the City's Director of Emergency Services (collectively ^ "Orders") which have imposed requirements due to COVID-19 including restrictions on both h businesses and individuals and the likelihood based on the issuance of past Orders is that there will be further Orders issued in the future; and City of Atascadero Ordinance No. 644 Page 2 of 4 WHEREAS, on June 11, 2019 the City appointed the San Luis Obispo County Health Officer as the City Health Officer and further consented to the enforcement of laws relating to the P public health by the San Luis Obispo County Health Officer within the City of Atascadero (Resolution No. 2019-038); and WHEREAS, Health & Safety Code Sections 101029 and 120155 authorize the City's peace officers to enforce orders of the State and County Public Health Officers issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease and Government Code Section 41601 further authorizes the City's Chief of Police to enforce local health orders to prevent the spread of disease; and WHEREAS, the COVID-19 pandemic 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 a l overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity. NOW THEREFORE, THE CITY COUNCIL OF THE CITY ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. All recitals set forth above, and all recitals included in support of Federal, State and County and City Orders are adopted as though fully set forth herein as findings in support of this Urgency Ordinance; 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 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 City Council Resolution 2020-005 declaring the existence of a local emergency with the City due to COVID 19; and Orders issued by the County Emergency Services Director and the County Public Health Director and the City Director of Emergency Services. 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 Atascadero Emergency I 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. City of Atascadero Ordinance No. 644 Page 3 of 4 j SECTION 4. Orders of Governor Newsom and the State Department of Public Health and the San Luis Obispo County Emergency Services Director, County Public Health Officer and the City Director of Emergency Services (hereafter "Orders") currently in effect or as subsequently amended, and any Orders which may be issued in the future, are hereby expressly acknowledged and declared to be enforceable within the City of Atascadero and violations of Atascadero Municipal Code (AMC) Section 1-3.02.1 as if directly enacted by the City Council or as otherwise allowed by law. SECTION 5. The Emergency Services Director and Administrative Services Director or their designees are hereby directed and authorized to pursue recovery from all available State and Eederal agencies for reimbursement for COVID-19 related City costs and expenses frog and a&r the - Determination that a Public Health Emergency Exists since January 27, 2020.- - = SECTION 6. This ordinance shall remain in effect until it is repealed by th8 City Council Ihwy ordinance. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Urgency Ordinance. SECTION 8. Urgency Declaration; Effective Date. The City Council finds and declares that the adoption and implementation of this ordinance is necessary for the immediate preservation and protection of the public peace, health and safety as detailed above and as the City and public would suffer potentially irreversible displacement of commercial and residential tenants resulting from evictions and foreclosure for failure to pay rent during the COVID-19 crisis. During this local emergency, and in the interest of protecting the public health and preventing transmission of COVID- 19, it is essential to avoid unnecessary housing displacement, to protect the City's affordable housing stock, and to prevent housed individuals from falling into homelessness, especially given state and county directives to stay at home. Promoting stability amongst commercial tenancies is also conducive to public health, allowing businesses to follow the advice and directives of public health officials to close and allowing employees to avoid public contact during times of a public health crisis without fear of imminent eviction or foreclosure. Loss of income as a result of COVID-19 may inhibit City residents and businesses from fulfilling their financial obligations, including payment of rent and mortgages. Enforcement of State and County State at Home Orders, as stated in the Public Health Officer orders incorporated herein by reference, is finther necessary to protect the spread of COVID-19. Under Government Code Section 8634 and PRMC Chapter 2.64, this ordinance is necessary to provide for the protection of life and property for the reasons set out herein. The Council therefore finds and determines that the immediate preservation of the public peace, health and safety, and protection of life and property, require that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937 and take effect immediately upon adoption by four-fifths of the City Council. SECTION 9. Publication. The City Clerk shall certify to the adoption of this Urgency Ordinance no later than fifteen (15) days following the passage of this Urgency Ordinance, the Urgency Ordinance, along with the names of the City Council members voting for and against the Urgency Ordinance, shall be published in a newspaper of general circulation in the City of Atascadero. City of Atascadero Ordinance No. 644 Page 4 of 4 PASSED AND ADOPTED by the City Council of the City of Atascadero, California, held on the 9'' day of February, 2021, by a vote of at least four-fifths of the City Council. -�k?PRROOV&IJ AS. T4 FORM: Brian A. Pierik, City Attorney CITY �O1` FnATASCADERO 4-',4z3 t Heather Moreno, Mayor i n STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Urgency Ordinance No. 644 was adopted at a regular meeting of the City Council held on the 9th day of February 2021 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Dariz, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None I hereby certify that the foregoing is the original of Ordinance No. 644 duly passed and adopted by the Atascadero City Council at their regular meeting held on February 9, 2021 and a copy of the Ordinance was published on February 18, 2021 in the Atascadero News newspaper.