RESOLUTION NO. 33-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
RATIFYING THE PROCLAMATION OF LOCAL EMERGENCY CONFIRMING THE EXISTENCE
OF LOCAL EMERGENCY AT THE PACIFICA MUNICIPAL PIER AND RATIFYING THE ORDER
OF THE DIRECTOR OF EMERGENCY SERVICES RELATING TO THE
TEMPORARY CLOSURE OF THE PIER AND ADJACENT BEACH AREA
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code ("PMC") designate the City Manager as the Director of Emergency Services; and
WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the "actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat"; and
WHEREAS, Section 4-2.05 of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and
WHEREAS, on Thursday, June 4, 2026, the City was notified of damage to the Pacifica Municipal Pier and Public Works Engineering and Field Services staff responded to the notification and inspected the Pacifica Municipal Pier and found cracking, separation, and displacement of the concrete walkway and structural elements near the abutment and Chit Chat Café (Conditions"); and WHEREAS, the City Manager has determined that these Conditions are beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions and the Governor of the State of California to address the Conditions; and
WHEREAS, further damages to the Pier would threaten the safety of persons and property, including critical public infrastructure; and
WHEREAS, the City Manager has determined that the damage to the Pier threatens the health and safety of persons and properties, including critical public infrastructure, and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and RESOLUTION NO. 33-2026
WHEREAS, such conditions are or are likely to be beyond the handling capability of the City's services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, pursuant to Public Contract Code 22050; and WHEREAS, on June 5, 2026, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the Conditions are likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-2.05(a) the City Council must take action to confirm the proclamation within 7 days and in accordance with Public Contract Code section 22050 which requires confirmation by 4/5 vote of the City Council within 14 days of the emergency action; and
WHEREAS, the City Manager, in his capacity as Director of Emergency Services, issued an order on June 5, 2026 (subsequent to the Proclamation of Local Emergency) to close the Pacifica Municipal Pier and the area within 100 feet of the beach area in and around the north and south sides of the Pacifica Municipal Pier necessary to protect public safety and health; and WHEREAS, the ratification of the proclamation of local emergency is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as it is not a "project" that may cause a direct, or reasonably foreseeable indirect, physical change in the environment. Additionally, emergency projects are also exempt from CEQA pursuant to Cal. Pub.
Res. Code 21171; CEQA Guidelines section 15269 and 15359.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that said Proclamation of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment "A", is hereby ratified and approved by the City of Pacifica City Council.
BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.
BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services, and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council, which among other things, includes the power to seek assistance from other political subdivisions and the Governor of the State of California to address the Conditions.
BE IT FURTHER RESOLVED that pursuant to Public Contract Code section 22050, the emergency will not permit a delay resulting from a competitive solicitation for bids, and the Director of Emergency Services is authorized to take action any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
RESOLUTION NO. 33-2026
BE IT FURTHER RESOLVED that the Order of the Director of Emergency Services Relating to Temporary Closure of the Pacifica Municipal Pier and Adjacent Beach Area to the Public Until Further Notice Due to Destabilization of the Pacifica Municipal Pier and Associated Structures (Order No. 2026-01) dated June 5, 2026 is hereby ratified.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8'h day of June, 2026, by the following vote:
AYES, Councilmembers: Beckmayer, Bier, Boles, Espinosa, Wright.
NOES, Councilmembers: Ma
ABSENT, Councilmembers: nla
ABSTAIN, Councilmembers: na
Quitic Sle
Christine Boles, Mayor
APPROVED AS TO FORM:
Ich Glue Mute.
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney
ORDER OF THE DIRECTOR OF EMERGENCY SERVICES RELATING TO
TEMPORARY CLOSURE OF THE PACIFICA MUNICIPAL PIER AND ADJACENT
BEACH AREA TO THE PUBLIC UNTIL FURTHER NOTICE DUE TO
DESTABILIZATION OF THE PACIFICA MUNICIPAL PIER AND ASSOCIATED STRUCTURES (ORDER NO. 2026-01)
WHEREAS, Government Code section 8630 and section 4-2.01 et seq. of the Pacifica Municipal Code ("PMC") empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and
WHEREAS, on June 5, 2026, the City Manager in his capacity as Director of Emergency Services, issued a Proclamation of Local Emergency due to the damage and destabilization of the Pacifica Municipal Pier ("Pier Destabilization"); and WHEREAS, on Thursday, June 4, 2026, the Department of Public Works staff were notified of damage to the Pacifica Municipal Pier; and WHEREAS, Public Works Engineering and Field Services staff responded to the notification and inspected the Pacifica Municipal Pier and found cracking, separation, and displacement of the concrete walkway and structural elements near the abutment and Chit Chat café located on the Pier; and WHEREAS, these damages threaten the health and safety of persons and property, including critical public infrastructure which require immediate attention and constitute an emergency pursuant to Pacifica Municipal Code section 4-2.02; and
WHEREAS, under authority contained in Sections 8610 and 8634 of the Government Code and PMC section 4-2.06(a) the City Manager is empowered, as the Director of Emergency Services, to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; however, such rules and regulations must be confirmed by the City Council at the earliest practicable time; and
WHEREAS, the City Manager is empowered, as the Director of Emergency Services to execute all ordinary powers as City Manager, all the special powers conferred upon him by any statute or agreement approved by the City Council or by any other lawful authority, and, in conformity with the provisions of Section 38791 of the Government Code of the State, to exercise complete authority over the City and all police powers vested in the City by Constitution and general laws of the State; and WHEREAS, under conditions of the local emergency, it is deemed necessary to impose certain rules and regulations relating to the closure of the Pacifica Municipal Pier and the area within 100 feet of the beach area in and around the north and south sides of the Pacifica Municipal Pier to protect public safety and health.
NOW THEREFORE BE IT RESOLVED, that I, Sean Charpentier, as Director of Emergency Services of the City of Pacifica, declare that due to the continuing state of local emergency the following rules and regulations are issued:
SECTION 1. The recitals set forth above are incorporated herein as is fully set forth above, and are adopted as findings in support of this Order.
SECTION 2. The Pacifica Municipal Pier and 100 feet of beach area in and around the north and south sides of the Pier closed until further notice.
SECTION 3. Any violation of this Order shall be subject to enforcement and penalties as provided for in MC 1-2.01 or may be enforced through any other lawful means, including but not limited to, California Health and Safety Code Sections 101029, 120295, et seq. and 131082; Government Code Section 41601 and California Penal Code Sections 15 and 836.
SECTION 4. This Order shall become effective on the date signed by the Director of Emergency Operations for the City of Pacifica.
SECTION 5. Severability. If any section, subsection, clause, or phrase of this Order is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portion or section of the Order.
IT IS FURTHER ORDERED that the Director of Emergency Services shall request that the City Council confirm this Order at the earliest practicable time.
Date and time: San Omant
By: Sean Charpentier,
Director of Emergency Services
June 5, 2026
7:40pm
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council at the earliest possible time; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and WHEREAS, on Thursday, June 4, 2026, the Department of Public Works staff were notified of damage to the Pacifica Municipal Pier; and
WHEREAS, Public Works Engineering and Field Services staff responded to the notification and inspected the Pacifica Municipal Pier and found cracking, separation, and displacement of the concrete walkway and structural elements near the abutment and Chit Chat Café ("Conditions"); and WHEREAS, these damages threaten the safety of persons and property, including critical public infrastructure which require immediate attention and constitute an emergency pursuant to Pacifica Municipal Code section 4-2.02; and
WHEREAS, such conditions are or are likely to be beyond the handling capability of the City's services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contracts; and WHEREAS, these Conditions are beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions and the Governor of the State of California to address the Conditions; and
WHEREAS, the City will provide written notification of this Proclamation and other necessary documents to the appropriate departments within San Mateo County and the California Governor's Office of Emergency Services pursuant to Government Code 8607; and WHEREAS, such proclamation shall be subject to confirmation by the Pacifica City Council at the earliest possible time.
NOW, THEREFORE, BE IT PROCLAIMED that, in accordance with State Law and the City of Pacifica Municipal Code, the Director of Emergency Services proclaims the existence of a local emergency at the Pacifica Municipal Pier.
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 on June 12, 2026, unless ratified and extended by the City Council of the City of Pacifica.
DATED: June 5, 2026
Charent
car
Sean Charpentier
Director of Emergency Services
PROCLAMATION OF LOCAL EMERGENCY (CAO Edits) 4910-9265-6819 v.1.docx