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R-2020-026 Ratifying Proclamation of Local Emergency COVID-19 2020-03-17RESOLUTION NO. R-2020-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA RATIFYING AND CONFIRMING ACTIONS BY THE DIRECTOR OF EMERGENCY SERVICES/CITY MANAGER DURING THE EXISTENCE OF A NATIONAL, STATEWIDE, AND COUNTY EMERGENCY, AND PROCLAIMING THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY WHEREAS, on March 4 , 2020 , the governor of the State of California declared a state of emergency due to conditions caused by COVID-19 , commonly referred to as novel coronavirus ; and WHEREAS, on March 13 , 2020 , the Director of Emergency Services for the County of San Luis Obispo declared a state of emergency due to conditions caused by COVID -19 ; and WHEREAS, on March 13 , 2020 , the President of the United States declared a state of emergency due to conditions caused by COVID-19 ; and WHEREAS , the conditions noted in each of the above declarations threatened extreme peril to the safety of persons and property , during which time the City Council was not in session ; and WHEREAS , Chapter 2 .32 of the City of Pismo Beach Municipal Code provides that in the event of the proclamation of a state of emergency by the governor, the City Director of Emergency Services is empowered 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 be confirmed at the earliest practicable time by the City Council ; and WHEREAS, the Director of Emergency Services of the City of Pismo Beach did proclaim the existence of a local emergency within the City of Pismo Beach on March 16 , 2020 (Exhibit A); and WHEREAS, Government Code § 8630 provides that the City Council of the City of Pismo Beach may proclaim the existence of a local emergency as defined by Government Code § 8558(c). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby ratifies and confirms the following actions taken by the City Manager, acting in the City Manager's capacity as Director of Emergency Services : 1. The temporary alteration prior to March 16 , 2020 of various personnel rules and regulations governing the permitted uses of accumulated leave and administrative leave to ensure the protection of employees and the public . PAGE 1 OF 3 R-2020-026 2 . The closure of various City facilities prior to March 16 , 2020 . 3 . The proclamation of local emergency on March 16 , 2020 . BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach proclaims that a local emergency existed as of the date of the Governor's March 4 , 2020 declaration of emergency and continues to exist throughout the city , and during the existence of said local emergency the powers , functions , and duties of the director of emergency services and the emergency organization of this City shall be those prescribed by state law , by ordinances , and resolutions of this City , and by the approved emergency plans of the City of Pismo Beach. BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the C ity Council , and the City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. BE IT Fl NALLY RESOLVED that the City Council shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency . UPON MOTION OF Council Member Blake , seconded by Council Member Guthrie , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of March 2020 , by the following vote : AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN : 0 RECUSED : 0 Blake, Guthrie , Reiss, Howell, Waage PAGE 2 OF 3 R-2020-026 Attachment 1 PROCLAMATION OF LOCAL EMERGENCY (DIRECTOR OF EMERGENCY SERVICES) WHEREAS, Chapter 2.32 of the City of Pismo Beach Municipal Code empowers the City Manager, acting as the Director of Emergency Services , to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session , and; WHEREAS, the Director of Emergency Services of the City of Pismo Beach does hereby find ; 1. That conditions of peril to the safety of persons and property have arisen within the City of Pismo Beach, due to the Novel Coronavirus (COVID-19); and 2 . On March 4, 2020 , the governor of the State of California declared a state of emergency due to conditions caused by COVID-19; and 3 . On March 13, 2020 , the Director of Emergency Services for the County of San Luis Obispo declared a state of emergency due to conditions caused by COVID- 19; and 4. On March 13, 2020 , the President of the United States declared a state of emergency due to conditions caused by COVID-19; and 5. That these conditions are or are likely to be beyond the control of the services, personnel , equipment , and facilities of the City ; and 6 . That the City Council of the City of Pismo Beach is not in session and cannot immediately be called into session . NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City, and ; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this City, and that this emergency proclamation shall expire in 7 days aft issuance unless confirmed and ratified by the City Council of the City of Pis each. 16 ,2020 PAGE 3 OF 3 R-2020-026