RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY (COVID-19) PROCLAIMED BY THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES WHEREAS, the California Emergency Services Act, including, but not limited to, Government Code section 8630, and San Marcos Municipal Code Chapter 2.28 empowers the Director of Emergency Services/City Manager to proclaim a local emergency if the City Council is not in session, and requires that the City Council take action to ratify the proclamation within seven (7) days; and WHEREAS, the novel coronavirus (COVID-19) is a respiratory disease that may result in serious illness or death, and is easily transmissible from person to person; and WHEREAS, January 31, 2020, the United States Department of Public Health Human Services Secretary Alex Azar declared a public emergency for COVID-19 beginning on January 27, 2020; and WHEREAS, on February 14, the County of San Diego declared a local health emergency and proclaimed a local emergency to deal with COVID-19; and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California as a result of the threat of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 to be a pandemic; and WHEREAS, on October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023, charting the path to phasing out one of the most effective and necessary tools that California has used to combat COVID-19. This timeline gives the health care system needed flexibility to handle any potential surge that may occur after the holidays in January and February, in addition to providing state and local partners the time needed to prepare for this phaseout and set themselves up for success afterwards; and WHEREAS, on March 16 2020, the City Manager, acting in his capacity of Director of Emergency Services of the City, did proclaim the existence of a Local Emergency related to COVID-10 within the City, and activated the San Marcos Emergency Operations Center on that date until the emergency is deemed terminated by the City Council, which proclamation was thereafter duly ratified by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Marcos, as follows :
The foregoing recitals are true and correct and are incorporated herein as though set forth in full at this point.
The termination of the Proclamation of Local Emergency, as issued by the Director of Emergency Services on March 16, 2020, and ratified by the City Council on March 20, 2020 including all actions taken by the Director of Emergency Services in response to this Local Emergency are hereby deemed complete.
The City Council has reviewed the need for terminating the proclamation of local emergency and finds, based on substantial evidence, that the public interest and necessity required to terminate the proclamation of local emergency related to COVID-19, as the associated emergency conditions are sufficient and should be terminated at this time.
Said local emergency shall be deemed terminated by the City Council of the City of San Marcos.
The powers, functions and duties of the Director of Emergency Services and the emergency organization of this City shall be deemed terminated as prescribed by the laws of the State of California, including but not limited to Government Code Section 8634, by the City’s Charter, and by the ordinances and resolutions of the City, including the City of San Marcos Emergency Plan.
Post the existence of said Local Emergency, the City shall continue to follow and impose all directives, mandates, Executive Orders, and any other COVID-19 related restrictions and/or recommendations issued by the State of California and/or the County of San Diego, as applicable.
The excessive price gouging and increase prohibitions of sections 2.29.040 – 2.29.050, and in Chapter 2.29 (Emergency Price Controls) of the San Marcos Municipal Code are deactivated.
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS at a regular meeting held on the ___th day of ___________, 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
City of San Marcos