O 707 ORDINANCE NO. 707
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING
THAT ALL STATE AND COUNTY ORDERS AND
REGULATIONS, APPLICABLE WITHIN THE JURISDICTION
OF THE CITY OF ARROYO GRANDE, AND ISSUED IN
RESPONSE TO COVID-19, AS BEING EXPRESSLY
ENFORCEABLE BY CITY OFFICIALS
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 June 24, 2020,there are over 2,336,615
confirmed cases of COVID-19 in the United States and over 121,117 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, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code,
the City Manager, in his capacity as the Director of Emergency Services, proclaimed a
local emergency on March 17, 2020 regarding the COVID-19 pandemic and the City
Council ratified the emergency proclamation through adoption of Resolution No. 4974 at
its regular meeting on March 24, 2020; and
WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City
Council is to review the need for a continuing emergency declaration at regularly
scheduled meetings at least every twenty-one(21)days until the emergency is terminated
and in accordance with that requirement, the City Council has continued to determine that
a local emergency continues to exist throughout the City of Arroyo Grande; 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 Arroyo Grande ("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
ORDINANCE NO. 707
PAGE 2
WHEREAS, COVID-19 has rapidly spread throughout California, the County of San Luis
Obispo, and the City of Arroyo Grande, 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 Arroyo Grande, 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 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 fast 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; and
WHEREAS, the health, safety, and welfare of City of Arroyo Grande ("City") residents,
businesses, visitors, and staff are of utmost importance to the City; and
WHEREAS, Executive Order N-25-20, issued by Governor Newsom on March 12, 2020,
requires that all Californians follow public health guidelines and grants the State the ability
to enforce California Department of Public Health (CDPH) rules, and on June 18, 2020,
the CDPH issued "Guidance for the Use of Face Coverings," which expressly
"...mandates that face coverings be worn state-wide in the circumstances and with the
exceptions outlined [therein]..." and which Governor Newsom has stated is mandatory in
nature; and
WHEREAS, as necessary for 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 and through application of Chapter
1.18 (Administrative Citations), which is being adopted concurrently as an Urgency
Ordinance with this Ordinance, with administrative fines to be as established by City
Council Resolution, and Chapter 1.16 (Penalty Provisions) of the Arroyo Grande
Municipal Code, which provides for enforcement of violations as infractions and/or
misdemeanors; and
WHEREAS, the City Council desires to expressly provide, through passage of this
uncodified urgency ordinance, that State and County orders and regulations 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 officers and employees under the Arroyo Grande Municipal Code, and
that administrative fines and penalties may be levied daily against violators.
ORDINANCE NO. 707
PAGE 3
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 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.
SECTION 2. Governor's Executive Orders and State Directives.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 and the orders, rules, and
regulations issued by the State Public Health Officer and the California Department of
Public Health concerning the COVID-19 state of emergency, which are applicable as a
function of law within the jurisdiction of the City of Arroyo Grande, including, but not limited
to:
• Executive Order N-25-20 which orders all residents 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
• The "Guidance for the Use of Face Coverings" issued by the California
Department of Public Health on June 18, 2020 are hereby expressly:
a. acknowledged and declared to be requirements of the Arroyo Grande
Municipal Code (AGMC), and
b. adopted by reference into the AGMC, and
c. enforceable within the City of Arroyo Grande pursuant to both the provisions
of Chapter 1.18 (Administrative Citations) and the provisions of Chapter
1.16 (Penalty Provisions) of the AGMC and violations are subject to
applicable fines and penalties.
SECTION 3. County Orders. All directives included in present and subsequent Orders
and regulations 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 Arroyo Grande, are hereby expressly:
a. acknowledged and declared to be requirements of the AGMC, and
b. adopted by reference into the AGMC, and
c. enforceable within the City of Arroyo Grande pursuant to both the provisions
of Chapter 1.18 (Administrative Citations) and the provisions of Chapter
ORDINANCE NO. 707
PAGE 4
1.16 (Penalty Provisions) of the AGMC and violations are subject to
applicable fines and penalties.
SECTION 4. 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.
SECTION 5. 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.
SECTION 6. 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.
SECTION 7. 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).
SECTION 8. 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.
SECTION 9. 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 Arroyo Grande and/or be published and promulgated in as widespread a
manner as is reasonably feasible under the conditions prevailing during this local
emergency.
SECTION 10. CEQA. Under the provisions of the California Environmental Quality
Act (CEQA) Guidelines Section 15061 (b) (3), this urgency ordinance is covered by the
general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment,
such as the adoption of the regulations contained herein, the activity is not subject to
CEQA.
ORDINANCE NO. 707
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On motion by Council Member Storton, seconded by Council Member Paulding, and by
the following roll call vote to wit:
AYES: Council Members Storton, Paulding, George, Barneich, and Mayor Ray Russom
NAYS: None
ABSENT: None
the foregoing Ordinance was adopted this 14th day of July, 2020.
ORDINANCE NO. 707
PAGE 6
0 _ 10 i- r.
CAREN RAY R't -OM, MAYOR
ATTEST:
(4?. uttal5L.
KELLY W M� 'E, CITY CLERK
APPROVED AS TO CONTENT:
` r
BILL ROBES' , ACTING CITY MANAGER
APPROVS TO FORM:
‘/-*-1//:
TIMOTHY J. CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Urgency Ordinance No. 707 was passed and adopted at a regular
meeting of the City Council on the 14th day of July 2020; and was duly published
in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th
day of July 2020.
I 'w (bitio
KELLY WETMfp RE, CITY CLERK