HomeMy WebLinkAboutRES 23-7358 (TERMINATION OF LOCAL EMERGENCY)PAGE 1 OF 3 #23-7358
CITY OF HERMOSA BEACH RESOLUTION NO. 23-7358
A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH TERMINATING THE LOCAL EMERGENCY DECLARED BY THE CITY AS A RESULT OF COVID-19 PANDEMIC AND
RESCINDING CITY ACTIONS RELATED TO THE COVID-19 PANDEMIC
WHEREAS, The California Emergency Services Act (“CESA”)(Government
Code section 8550, et seq.), authorizes the proclamation of a local emergency
when conditions of disaster or extreme peril to the safety of persons and property
within the territorial limits of a city exist.
WHEREAS, Hermosa Beach Municipal Code section 2.56.050(A) empowers
the Mayor, the Mayor Pro Tem, or the City Manager, acting as the Director of
Emergency Services, if neither the Mayor nor the Mayor Pro Tem are available, to
proclaim the existence or threatened existence of a local emergency when the
City of Hermosa Beach (“City”) is exposed to an actual or threatened existence
of conditions of disaster or of extreme peril to the safety of persons and property
within the City.
WHEREAS, In late 2019, an acute respiratory illness caused by a novel (new)
coronavirus, known as COVID-19, began to spread globally and rapidly, resulting
in severe illness and death around the world. The World Health Organization
(“WHO”) described COVID-19 as a global pandemic. The WHO reports that to
date the disease has caused over 6 million deaths worldwide.
WHEREAS, In early 2020, and in response to the increased spread of COVID-
19, the California Governor and Los Angeles County Board of Supervisors along
with many other public entities in the state declared a state of emergency
pursuant to CESA.
WHEREAS, Former Mayor of the City of Hermosa Beach, Mary Campbell,
proclaimed a local emergency as a result of the COVID-19 virus on March 15,
2020. The proclamation was ratified by the City Council of the City of Hermosa
Beach during a special meeting held on March 16, 2020.
WHEREAS, During the term of the local emergency and statewide
emergency, the City Manager acting as the 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. . .” under Section 2.56.060(A) of the Hermosa
Beach Municipal Code.
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WHEREAS, Since the ratification of former Mayor Mary Campbell’s
declaration of local emergency on March 16, 2020, the City Council has ratified
multiple emergency executive orders, adopted multiple resolutions, ordinances
and emergency measures to curve the spread of COVID-19 and assist residents
and businesses during, and strived to ensure the safety and well-being of the
community.
WHEREAS, Normally, the City Council must review the need for continuing
the local emergency at least once every 60 days until it terminates the local emergency. (Gov. Code, § 8630.) However, under Governor Newsom’s state of
emergency proclamation issued on March 4, 2020, the 60-day time period in
Government Code section 8630 was waived for the duration of the statewide
emergency. As such, the City’s local emergency proclamation has remained in
effect until the City Council terminates its local emergency.
WHEREAS, The public health community’s response to mitigating the spread
of COVID-19 has changed over time in response to the fluctuating presence of
the disease. Fortunately, the State and County are currently experiencing a
significant decrease in confirmed cases, test positivity rates, and related
hospitalizations. In fact, California’s death rate as a result of COVID-19 is the
lowest amongst large states. Additionally, COVID-19 vaccines and boosters are
now widely available, and vaccination rates are increasing. Most businesses are
operating as normal and the Los Angeles County Department of Public Health
has reduced the number of restrictions countywide in response to current
conditions.
WHEREAS, California Governor Gavin Newsom announced that the COVID-
19 state of emergency will end on February 28, 2023. The announcement was
made on October 17, 2022, months before the termination date, to allow time for
the health care system and state and local partners to prepare for this phase-out.
WHEREAS, COVID-19 continues to remains a threat. However the State,
County and City have successfully developed infrastructure to effectively
combat the spread of the disease that have transformed a once crisis event into
a manageable situation.
WHEREAS, Pursuant to HBMC section 2.56.090, the City Council shall
terminate the existence of a proclaimed local emergency at the earliest possible
date that conditions warrant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The conditions of extreme peril to the safety of persons and
property that arose as a result of COVID-19 in the City of Hermosa Beach no longer
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exists. As such, the proclamation of an existence of a local emergency declared
in response to COVID-19 proclaimed by former Mayor Mary Campbell on March
15, 2020 and ratified by the City Council on March 16, 2020 is hereby terminated.
SECTION 2. Orders, resolutions and ordinances adopted or confirmed by
the City Council during the local emergency declared by the City in response to
COVID-19, and whose duration was expressly tied to the duration of the foregoing
local emergency and not extended to a future date shall expire upon the
adoption of this Resolution.
SECTION 3. That the City Clerk shall certify to the passage and adoption of
this Resolution, shall enter the same in the book of original Resolutions of said City,
and shall make minutes of the passage and adoption thereof in the records of
the proceedings of the City Council at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED on this 28th day of February, 2023
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla Patrick Donegan
City Clerk City Attorney
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State of California ) County of Los Angeles ) ss
City of Hermosa Beach ) March 22, 2023
Certification of Council Action RESOLUTION NO. 23-7358
A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH TERMINATING
THE LOCAL EMERGENCY DECLARED BY THE CITY AS A RESULT OF COVID-
19 PANDEMIC AND RESCINDING CITY ACTIONS RELATED TO THE COVID-19
PANDEMIC
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the
above and foregoing Resolution No. 23-7358 was duly approved and adopted by
the City Council of said City at its regular meeting thereof held on the 28th day of
February 2023 and passed by the following vote:
AYES: MAYOR JACKSON, MAYOR PRO TEMPORE MASSEY, COUNCILMEMBERS
FRANCOIS, SAEMANN, and DETOY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla, MPA, CMC
City Clerk
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