RESOLUTION NO. 22-0165
A RESOLUTION OF THE MANHATTAN BEACH CITY
COUNCIL CONFIRMING EMERGENCY ORDER NO S. 28
A N D 29 ISSUED BY THE DIRECTOR OF EMERGENCY
SERVICES DURING THE LOCAL EMERGENCY
PROCLAIMED TO ADDRESS COVID-19
WHEREAS, international, national, state, and local health and governmental authorities have been responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19 (“COVID- 19”);
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19;
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID- 19;
WHEREAS, on March 13, 2020, the City Council adopted Resolution No. 20-0039, A Resolution of the City Council of the City of Manhattan Beach Proclaiming the Existence of a Local Emergency;
WHEREAS, the City Manager is the Director of Emergency Services in the City of Manhattan Beach. Pursuant to Manhattan Beach Municipal Section
3.08.060.A.6.a, the City Manager as the Director of Emergency Services is empowered during a local emergency to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency. Such rules and regulations must be confirmed by the City Council;
WHEREAS, the City Council adopted a series of resolutions which confirmed Emergency Orders 1-27. Subsequently, the Director of Emergency Services issued two additional emergency orders - Emergency Order No. 28 on December 23, 2021 and Emergency Order No. 29 on May 12, 2022 - to address the COVID-19 pandemic; and
WHEREAS, in the interest of the public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary for the City Council to confirm Director of Emergency Services Orders issued during the local emergency proclaimed to address COVID-19 in accordance with Chapter 3.08 of the Manhattan Beach Municipal Code, Manhattan Beach City Council Resolution No. 20-0039, and the California Emergency Services Act, Chapter 7 (commencing with Section 8550) of Title 2 of the Government Code.
NOW, THEREFORE, THE MANHATTAN BEACH CITY COUNCIL DOES
HEREBY DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and are incorporated into this Resolution by reference.
Section 2. The City Council hereby confirms the following Emergency Orders issued by the Director of Emergency Services during the local emergency proclaimed to address COVID-19, each of which is incorporated by this reference:
A. Emergency Order No. 28 (Extending the use of public property by businesses and restaurants)
B. Emergency Order No. 29 (Removing certain restrictions on dining capacity of businesses and restaurants).
Section 3. If any section, subsection, sentence, clause, or phrase of this Resolution or the Emergency Orders confirmed herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or the Emergency Orders. The City Council hereby declares that it would have passed this Resolution and confirmed the Emergency Orders and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of such Resolution or the Emergency Orders would be subsequently declared invalid or unconstitutional.
Section 4. The City Clerk shall certify to the passage and adoption of this Resolution.
ADOPTED on December 6, 2022
ATTEST:
STEVE NAPOLITANO
Mayor
LIZA TAMURA
City Clerk