HomeMy WebLinkAboutOrdinance 631 Urgency Ordinance - Regulation No 1 (COVID-19)(UNCODIFIED) URGENCY ORDINANCE NO. 631
AN UNCODIFIED URGENCY ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA,
CONFIRMING AND ADOPTING CITY OF MORRO BAY REGULATION NO 1
(COVID-19), AS PROMULGATED ON MARCH 30, 2020 BY THE DIRECTOR OF
EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, PURSUANT TO THE EXISTENCE OF
A LOCAL STATE OF EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-
19), PROVIDING STATE AND COUNTY ORDERS, APPLICABLE WITHIN THE
JURISDICTION OF THE CITY OF MORRO BAY, AND ISSUED IN RESPONSE TO
COVID-19, AS BEING EXPRESSLY ENFORCEABLE BY CITY AUTHORITIES
THROUGH ALL ENFORCEMENT PROVISIONS WITHIN THE MORRO BAY
MUNICIPAL CODE, AND SUBJECT TO ONE THOUSAND DOLLAR FINES
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubei
Province, China; and,
WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or death
and is easily transmissible from person to person, and according to the federal Centers for Disease
Control and Prevention ("CDC") as of March 29, 2020 there are over 120,000 confirmed cases of
COVID-19 in the United States and over 2,100 deaths due to COVID-19 in the United States; and
WHEREAS, on March 4, 2020, the Governor declared the existence of a state of
emergency in the State of California due to the threat posed by COVID-19; and
WHEREAS, on March 11, 2020, the Director -General for the World Health Organization
declared that COVID-19 can be characterized as a `pandemic '; and
WHEREAS, on March 13,. 2020, the President of the United States declared that the
outbreak of COVID-19 in the United States constitutes a national emergency; and
WHEREAS, on March 14, 2020, the Morro Bay Director of Emergency Services
("Director") (i.e., the City Manager, pursuant to Morro Bay Municipal Code ("MBMC") §
8.08.050(A)) proclaimed a declaration of the existence of a local emergency within the City of
Morro Bay ("City' ). due to the threat posed to the City from COVID-19, pursuant to Government
Code § 8630 and Chapter 8.08 of the MBMC; and
01181.0001/639700.4 Page 1 of 7
AN UNCODIFIED URGENCY ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CONFIRMING
AND ADOPTING CITY OF MORRO BAY REGULATION NO. 1 (COVID-19), AS PROMULGATED ON MARCH 30, 2020 BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNA, PURSUANT TO THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-
19), PROVIDING STATE AND COUNTY ORDERS, APPLICABLE WITHIN THE JURISDICTION OF THE CITY OF MORRO BAY, AND
ISSUED IN RESPONSE TO COVID-19, AS BEING EXPRESSLY ENFORCEABLE BY CITY AUTHORITIES THROUGH ALL
ENFORCEMENT PROVISIONS WITHIN THE MORRO BAY MUNICIPAL CODE, AND SUBJECT TO ONE THOUSAND DOLLAR FINES
WHEREAS, on March 14, 2020, the Governor issued Executive Order N-25-20, (attached
hereto and incorporated by reference as Exhibit No. 1), which ordered that 1a]i11 residents are to
heed any orders and guidance of state and local public health officials, including, but not limited
to the imposition of social distancing measures, to control the spread of COVID-19"; and
WHEREAS, on March 18, 2020, the San Luis Obispo County Emergency Services
Director further issued a Countywide Shelter at Home Order and Regulation No. 4 for the County
of San Luis Obispo ("County") that took effect on Thursday, March 19, 2020 at 5:00 pm (attached
hereto and incorporated by reference as Exhibit No. 2), and that was further amended and ratified
by the County Health Officer on March 21, 2020 (attached hereto and incorporated by reference
as Exhibit No. 3); and
WHEREAS, on March 19, 2020, the Morro Bay City Council through Resolution No 23-
20 proclaimed and affirmed the existence of a local emergency, and confitnied and ratified the
proclamation by the Director of the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20, (attached
hereto and incorporated by reference as Exhibit No. 4), 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.cisa.gov/identifying-critical-infrastructure-
during-covid-19; and
WHEREAS, the Governor, the State Public Health Officer, the San Luis Obispo County
Emergency Services Director, and the San Luis Obispo County Health Officer have promulgated
and issued, and will reasonably continue to promulgate and issue, various orders, rules and
regulations concerning the COVID-19 state of emergency that are applicable within the
jurisdiction of the City of Morro Bay ("Orders"), pursuant to State and County law, including but
not limited to the California Emergency Services Act (Gov. Code §§ 8550, et seq.) and the
California Public Health & Safety Code; and
WHEREAS, in a short period of time COVID-19 has rapidly spread throughout
California the County of San Luis Obispo, and the City of Morro Bay, necessitating stringent
public health emergency orders as well as guidance from federal, state and local authorities; and
WHEREAS, the COVID-19 pandemic continues to spread rapidly within California, the
County of San Luis Obispo, and the City of Morro Bay, continues to present an immediate and
significant risk to public health and safety, and can result in serious illness or death, especially 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 confiuned 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
01181.0001/639700.4 Page 2 of 7
AN UNCODIFIED URGENCY ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CONFIRMING
AND ADOPTING CITY OF MORRO BAY REGULATION NO. 1 (COVID-19), AS PROMULGATED ON MARCH 30, 2020 BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNA, PURSUANT TO THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-
19), PROVIDING STATE AND COUNTY ORDERS, APPLICABLE WITHIN THE JURISDICTION OF THE CITY OF MORRO BAY, AND
ISSUED IN RESPONSE TO COVID-19, AS BEING EXPRESSLY ENFORCEABLE BY CITY AUTHORITIES THROUGH ALL
ENFORCEMENT PROVISIONS WITHIN THE MORRO BAY MUNICIPAL CODE, AND SUBJECT TO ONE THOUSAND DOLLAR FINES
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; and
WHEREAS, the health, safety and welfare of City of Morro Bay ("City") residents,
businesses, visitors and staff are of utmost importance to the City; and
WHEREAS, as necessaryfor public health and safety, the City desires express authority
for City enforcement of the Orders (applicable as a matter of law within the jurisdiction of the
City), using City law, including but not limited to through application of Chapter 1.03
(Administrative Citation Program) with administrative fines to be levied in the amount of $1,000
per violation, and Chapter 1.16 (General Penalty) of the MBMC which provides for enforcement
of violations as infractions and/or misdemeanors; and
WHEREAS, Government Code § 8634 provides in part: "During a local emergency the
governing body of a political subdivision, or officials designated thereby, may promulgate orders
and regulations necessary to provide for the protection of life and property, including orders or
regulations imposing a curfew within designated boundaries where necessary to preserve the
public order and safety. Such orders and regulations and amendments and rescissions thereof shall
be in writing and shall be given widespread publicity and notice."; and
WHEREAS, MBMC § 8.08.060(A)6)(a) provides in part: "In the event of the
proclamation of a `local emergency' as provided in this section... the .director is empowered...
[t]o 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
confilined at the earliest practicable time by the city council"; and
WHEREAS, On March 30, 2020, after consideration of all facts reasonably available
presently for review and all items, the Director of Emergency Services promulgated Regulation
No. 1 (COVID-19) to expressly provide State and County Orders issued, and to be issued, in
response to COVID-19, to the extent they apply within the jurisdiction of the City, are applicable
and enforceable within City jurisdiction pursuant to the authority provided to City authorities under
the MBMC; and
WHEREAS, the City Council desires to confirm Regulation No. 1 (COVID-19), as
promulgated by the Director of Emergency Services on March 30, 2020, through passage of
Regulation No. 1 (COVID-19) as an uncodified ordinance, so as to expressly provide State and
County Orders issued, and to be issued, in response to COVID-19, to the extent they apply within
the jurisdiction of the City, are applicable and enforceable within City jurisdiction pursuant to the
authority provided to City authorities under the MBMC, and administrative fines may be levied
daily against violators in the amount of $1,000 per violation.
01181.0001/639700.4 Page 3 of 7
AN UNCODIFIED URGENCY ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CONFIRMING
AND ADOPTING CITY OF MORRO BAY REGULATION NO. 1 (COVID-19), AS PROMULGATED ON MARCH 30, 2020 BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNA, PURSUANT TO THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-
19), PROVIDING STATE AND COUNTY ORDERS, APPLICABLE WITHIN THE JURISDICTION OF THE CITY OF MORRO BAY, AND
ISSUED IN RESPONSE TO COVID-19, AS BEING EXPRESSLY ENFORCEABLE BY CITY AUTHORITIES THROUGH ALL
ENFORCEMENT PROVISIONS WITHIN THE MORRO BAY MUNICIPAL CODE, AND SUBJECT TO ONE THOUSAND DOLLAR FINES
THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DOES
HEREBY FIND AND ORDAIN AS FOLLOWS:
1. Recitals. The above recitals are true and correct and incorporated herein by this reference.
The recitals, included in support of federal, State and County actions referenced herein, are
adopted as though set forth fully herein as findings in support of this uncodified urgency
ordinance.
2. Governor's Executive Orders. All directives included in present and subsequent state of
emergency Executive Orders concerning the COVID-19 pandemic issued by the Governor
of the State of California, which are applicable as a function of law within the jurisdiction
of the City of Morro Bay, including, but not limited to:
•
Executive Order N-33-20 which orders 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
• Executive Order N-25-20 which orders all resident to heed any orders and guidance
of state and local public health officials, including but not limited to the imposition
of social distancing measures, to control the spread of COVID-19
are hereby expressly:
a. acknowledged and declared to be requirements of the MBMC, and
b. adopted by reference into the MBMC, and
c. enforceable within the City of Morro Bay pursuant to both the provisions of Chapter
1.03 (Administrative Citation Program) and the provisions of Chapter 1.16
(General Penalty) of the MBMC.
3. County Orders. All directives included in present and subsequent Orders concerning the
COVID-19 pandemic issued by the San Luis Obispo County Emergency Services Director,
the San Luis Obispo County Health Officer, or the San Luis Obispo County Board of
Supervisors, which are applicable as a function of law within the jurisdiction of the City of
Morro Bay, including, but not limited to:
• Countywide Shelter at Home Order and Regulation No. 4 for the County of San
Luis Obispo, issued by the San Luis Obispo County Emergency Services Director,
and as further amended and ratified by the San Luis Obispo County Health Officer,
are hereby expressly:
01181.0001/639700.4 Page 4 of 7
AN UNCODIFIED URGENCY ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CONFIRMING
AND ADOPTING CITY OF MORRO BAY REGULATION NO. 1 (COVID-19), AS PROMULGATED ON MARCH 30, 2020 BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNA, PURSUANT TO THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-
19), PROVIDING STATE AND COUNTY ORDERS, APPLICABLE WITHIN THE JURISDICTION OF THE CITY OF MORRO BAY, AND
ISSUED IN RESPONSE TO COVID-19, AS BEING EXPRESSLY ENFORCEABLE BY CITY AUTHORITIES THROUGH ALL
ENFORCEMENT PROVISIONS WITHIN THE MORRO BAY MUNICIPAL CODE, AND SUBJECT TO ONE THOUSAND DOLLAR FINES
a. acknowledged and declared to be requirements of the MBMC, and
b. adopted by reference into the MBMC, and
c. enforceable within the City of Morro Bay pursuant to both the provisions of Chapter
1.03 (Administrative Citation Program) and the provisions of Chapter 1.16
(General Penalty) of the MBMC.
4. One Thousand Dollar Fines. The amount of the fine for any and all violations (starting
with the first violation) of above Sections 2 and 3, pursuant to MBMC § 1.03.050
(Administrative fines), shall be one thousand dollars ($1,000), notwithstanding provisions
for any fine amounts to the contrary Each and every day a violation exists may constitute
a separate and distinct offense A late payment charge of 10% of the applicable fine shall
be imposed for payment after the due date of thirty calendar days from the date of the
administrative citation pursuant to MBMC § 1.03.060.
5. Conflict. Should the directives referenced in above Sections 2 and 3 conflict in any
manner, the stricter directive shall apply, unless expressly acknowledged otherwise by both
the Governor and the County, or unless as an operation of law.
6. Severability. If any section subsection, sentence, clause, phrase, or portion of this
ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance The City Council hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases, or portions thereof may be declared invalid or unconstitutional.
7. Urgency. Based on the foregoing recitals, including the recitals in support of federal, State
and County actions referenced herein, and all facts of record stated before the City Council,
the City Council finds and determines that the immediate preservation of the public peace,
health and safety requires that this ordinance be enacted as an urgency ordinance pursuant
to Government Code Section 36937(b), and take effect immediately upon adoption.
8 Effective Date. This ordinance is hereby declared to be an urgency measure and shall
become effective immediately upon adoption by at least a four -fifths (4/5) vote of the City
Council pursuant to Government Code section 36937(b).
9. Termination. This ordinance shall remain in effect until repealed by action of the City
Council, or until the state of local emergency in the City concludes, whichever occurs
earlier.
01181.0001/639700.4 Page 5 of 7
AN UNCODIFIED URGENCY ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CONFIRMING
AND ADOPTING CITY OF MORRO BAY REGULATION NO. 1 (COVID-19), AS PROMULGATED ON MARCH 30, 2020 BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNA, PURSUANT TO THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-
19), PROVIDING STATE AND COUNTY ORDERS, APPLICABLE WITHIN THE JURISDICTION OF THE CITY OF MORRO BAY, AND
ISSUED IN RESPONSE TO COVID-19, AS BEING EXPRESSLY ENFORCEABLE BY CITY AUTHORITIES THROUGH ALL
ENFORCEMENT PROVISIONS WITHIN THE MORRO BAY MUNICIPAL CODE, AND SUBJECT TO ONE THOUSAND DOLLAR FINES
10. Publication. The City Clerk shall certify as to the passage and adoption of this urgency
ordinance, and shall cause the same to be posted at the designated locations in the City of
Morro Bay and/or be published and promulgated in as widespread a manner as is
reasonably feasible under the conditions prevailing during this local emergency.
PASSED AND ADOPTED on the 1st day of April 2020.
ATTEST:
•
Cfrra� C� �
ANA S ANSON, City ANA S ANSON, Clerk
APPROVED AS TO FORM:
Chm
CHRIS F. NEUME
•
omey
01181.0001/639700.4 Page 6 of 7
AN UNCODIFIED URGENCY ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CONFIRMING
AND ADOPTING CITY OF MORRO BAY REGULATION NO. 1 (COVID-19), AS PROMULGATED ON MARCH 30, 2020 BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNA, PURSUANT TO THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-
19), PROVIDING STATE AND COUNTY ORDERS, APPLICABLE WITHIN THE JURISDICTION OF THE CITY OF MORRO BAY, AND
ISSUED IN RESPONSE TO COVID-19, AS BEING EXPRESSLY ENFORCEABLE BY CITY AUTHORITIES THROUGH ALL
ENFORCEMENT PROVISIONS WITHIN THE MORRO BAY MUNICIPAL CODE, AND SUBJECT TO ONE THOUSAND DOLLAR FINES
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY
CERTIFY that the foregoing Ordinance Number 631 was duly adopted by the City Council of the
City of Morro Bay at a special meeting of said Council on the 1st day of April 2020, and that it
was so adopted by the following vole:
AYES: Headding, Addis, Davis, Heller, McPherson
NOES: None
ABSENT: None
Clerk, Dana Swanson
•
•
•
01181.0001/639700.4 Page 7 of 7
AN UNCODIFIED URGENCY ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CONFIRMING
AND ADOPTING CITY OF MORRO BAY REGULATION NO. 1 (COVID-19), AS PROMULGATED ON MARCH 30, 2020 BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF MORRO BAY, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNA, PURSUANT TO THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WITHIN THE CITY OF MORRO BAY (COVID-
19), PROVIDING STATE AND COUNTY ORDERS, APPLICABLE WITHIN THE JURISDICTION OF THE CITY OF MORRO BAY, AND
ISSUED IN RESPONSE TO COVID-19, AS BEING EXPRESSLY ENFORCEABLE BY CITY AUTHORITIES THROUGH ALL
ENFORCEMENT PROVISIONS WITHIN THE MORRO BAY MUNICIPAL CODE, AND SUBJECT TO ONE THOUSAND DOLLAR FINES