RESOLUTION NO. 2022-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, SUPPORTING LEGISLATION THAT LIMITS THE CALIFORNIA GOVERNOR’S ABILITY TO EXTEND EMERGENCY ORDERS WITHOUT AN ACT OF LEGISLATION, DEMANDING THAT THE GOVERNOR ABIDE BY EXISTING LIMITATIONS REGARDING EXECUTIVE AUTHORITY SPECIFIED IN THE CALIFORNIA EMERGENCY SERVICES ACT, AND REQUESTING LOCAL JURISDICTIONS ADOPT SIMILAR RESOLUTIONS SEEKING TO LIMIT THE GOVERNOR’S AUTHORITY DURING A STATE OF EMERGENCY.
WHEREAS, on March 4, 2020, Governor Gavin Newsom (Newsom) declared a state of emergency in response to the COVID-19 pandemic; and WHEREAS, since March 4, 2020, Newsom has suspended or altered more than 400 laws and regulations and issued dozens of laws without undergoing the legislative process; and WHEREAS, in total 561 executive orders have been issued since the start of the pandemic; and WHEREAS, in California, a state of emergency can only be terminated by the governor or by a concurrent resolution adopted by the state legislature; and WHEREAS, California Government Code Title 2 Division 1 Chapter 7 California Emergency Services Act (CESA), Article 13 Section 8629 states that the Governor shall terminate a state of emergency at the earliest possible date that conditions warrant; and WHEREAS, on February 25, 2022, Newsom lifted all but five percent of COVID-19 related executive orders with the other 33 orders set to be lifted by June 30, 2022; and WHEREAS, on February 28, 2022, Newsom declared the mask mandate for all California schools to be lifted as of March 12, 2022, and the mask mandate for indoor settings, for both vaccinated and unvaccinated individuals, to be lifted as of March 1, 2022; and WHEREAS, although nearly all executive orders have been lifted, Newsom declared he does not intend, nor does he have a timeline, to end the state of emergency; and WHEREAS, executive orders and mandates have been lifted due to California reaching the endemic phase of COVID-19; and WHEREAS, the governor of California shall declare an end to the state of emergency as current conditions align with the direction provided in CESA regulations.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. Legislation to limit the California governor’s ability to extend emergency orders without an act of legislation is supported and encouraged.
Section 2. The governor of California shall abide by existing limitations regarding executive authority specified in the California Emergency Services Act.
Section 3. The governor shall end the current state of emergency as conditions exist that align with the necessary conditions for terminating such an order as specified in the California Emergency Services Act.
Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 15TH day of March 2022.
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Brigit Bennington, Mayor
ATTEST:
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Erin Baum
Assistant City Clerk
Resolution City Council No. 2022-020
Governor’s State of Emergency Authority