HomeMy WebLinkAboutReso 129-2020 (20-767)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 129-2020
File Number: 20-767 Enactment Number: RES 129-2020
RESOLUTION AMENDING THE PROCLAMATION
OF A LOCAL HEALTH EMERGENCY (ADOPTED
PURSUANT TO RESOLUTION NO. 35-2020) TO
TEMPORARILY AUTHORIZE THE CITY MANAGER
TO WAIVE FIRE DEPARTMENT INSPECTION FEES
FOR BUSINESSES SIGNIFICANTLY AFFECTED BY
THE COVID-19 PUBLIC HEALTH ORDERS.
WHEREAS, Section 8630, Article 14, of the California Emergency Services Act empowers the
City Council to proclaim the existence or threatened existence of a local emergency when the City of
South San Francisco ("City") is affected or likely to be affected by a public calamity; and
WHEREAS, Chapter 2.72 of the South San Francisco Municipal Code ("SSFMC") similarly
authorizes the City Manager, serving as the Director of Emergency Services to declare and proclaim, or
to request the City Council to declare and proclaim, the existence or threatened existence of a "local
emergency"; and
WHEREAS, Chapter 2.72 of the SSFMC also authorizes the City Manager, serving as the Director
of Emergency Services, to make and issue rules and regulations, on matters reasonably related to the
protection of life and property as effected by such emergency; provided, however, such rules and
regulations must be confirmed at the earliest practicable time by City Council; and
WHEREAS, the City of South San Francisco proclaimed a local State of Emergency related to the
Novel Coronavirus (COVID-19) on March 11, 2020 via Resolution No. 35-2020 (the "Emergency
Proclamation"); and
WHEREAS, on March 16, 2020, seven health officers within six Bay Area counties, including San
Mateo County ("County"), took a unified step to slow the spread of COVID-19 and preserve critical
health care capacity across the region by issuing a legal order directing their respective residents to
shelter at home and limiting activity, travel and business functions to only the most essential needs for
three weeks, beginning March 17, 2020; and
WHEREAS, on March 19, 2020, Governor Gavin Newsom issued a statewide order ordering all
individuals living in the State of California ("State") to stay home or at their place of residence, except as
needed to maintain continuity of operation of the federal critical infrastructure sectors; and
WHEREAS, on May 13, 2020, the City Council amended and updated the Emergency
Proclamation via Resolution No. 57-2020; and
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File Number: 20-767
Enactment Number. RES 929-2020
WHEREAS, the County and six other Bay Area jurisdictions have been under a Shelter in Place
public health order due to COVID-19 since March 17, 2020 and multi -month closure of many of the
County's local businesses is putting a huge financial strain on all industries; and
WHEREAS, on June 17, 2020, the San Mateo County Health Officer and the County Health
Department announced revised orders to align with State Health Orders allowing for the continued
re -opening of businesses, provided that gatherings are not to exceed 50 people, allow for social bubbles,
adherence to social distancing requirements, face covering requirements, and requirements for
businesses to implement a social distancing protocol and written health and safety plans; and
WHEREAS, as businesses reopen, the Fire Department will continue with its annual inspections
for Fire Life Safety Code compliance; and
WHEREAS, on September 23, 2020, the City Council passed a resolution amending the
proclamation of a local health emergency (adopted pursuant to Resolution No. 35-2020) to temporarily
authorize the City Manager to waive Fire Department inspection fees for restaurant occupancies; and
WHEREAS, an inspection fee for a business in the City can range from $203 to $800, depending
on factors such as size, operations conducted number and type of Fire Life Safety systems; and
WHEREAS, these inspection fees are likely to cause an additional financial burden on sectors of
the business community facing substantial economic hardship during the COVID-19 pandemic; and
WHEREAS, the City has an important governmental interest in maintaining a healthy, active, and
thriving business community and protecting the health, safety, and economic welfare of its citizens and
businesses; and
WHEREAS, under the current emergency circumstances, to protect the health, safety and welfare,
while fostering the economic wellbeing of the City's citizens and businesses, the City Council finds that
it is necessary to temporarily vest authority in the City Manager to determine whether a business has
been significantly affected by the COVID-19 public health orders, requiring those businesses to
temporarily close or substantially reduce operations, and to waive inspection fees for those businesses;
and
WHEREAS, except as amended herein, the City Council desires to continue to enforce the other
provisions and amendments of the Emergency Proclamation as previously approved and amended.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco
that:
1. The above recitals are true and correct and incorporated herein by this reference.
2. The City Manager is hereby temporarily authorized to determine whether a business has
been significantly affected by the COVID-19 public health orders, requiring those businesses
to temporarily close or substantially reduce operations, and to waive inspection fees for those
businesses.
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File Number: 20-767
Enactment Number: RES 129-2020
Any authorization granted pursuant to this resolution shall be consistent with the
requirements set forth in any applicable shelter in place order applicable within San Mateo
County.
4. The authority temporarily vested in the City Manager pursuant to this resolution may be
delegated by the City Manager to his designee through written delegation of authority signed
by the City Manager.
5. All temporary authority vested in the City Manager in this resolution shall remain in effect
for the duration of the Emergency Proclamation, as adopted by Resolution No. 35-2020, and
shall expire upon the termination of the Emergency Proclamation by the City Council.
6. Except as specifically amended herein, Resolution No. 35-2020, as previously amended and
updated, shall remain in full force and effect.
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its
adoption.
At a meeting of the City Council on 10/14/2020, a motion was made by Vice Mayor Addiego, seconded
by Councilmember Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by
41-
Aosa Govea Acosta, City Clerk
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