R-2020-026 Ratifying Proclamation of Local Emergency COVID-19 2020-03-17-Rescinded R
E
BY
RESOLUTION NO._ AD2_02�J—OI3
RESOLUTION 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.
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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 City Council, and the City Council shall
proclaim the termination of the local emergency at the earliest possible date that
conditions warrant.
BE IT FINALLY 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 Blake, Guthrie, Reiss, Howell, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
nved: Atte •
Ed Waage, Mayo rica Ind , Ci Clerk
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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
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