Loading...
HomeMy WebLinkAboutReso 25-20 Concerning State Emergency Order re Residential Evictions (COVID-19)RESOLUTION NO. 25-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, STATE OF CALIFORNIA, CONCERNING PUBLICATION OF STATE OF CALIFORNIA'S EMERGENCY ORDER AND LAW IN RESPONSE TO COVID-19 (CORONAVIRUS) ON RESIDENTIAL EVICTIONS THE CITY COUNCIL City of Morro Bay, California WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubie Province, China; and, WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or death and is easily transmissible from person to person; and WHEREAS, COVID-19 has since spread outside of China, impacting more than 100 countries, now including the United States; and WHEREAS, COVID-19 at present has sickened more than 198,000 people around the world, over 6,400 in the United States and over 730 in California, COVID-19 has killed over 7,900 people worldwide including over 100 in the United States, and there has been a significant escalation of United States domestic cases of and deaths from COVID-19; and WHEREAS, the federal Centers for Disease Control and Prevention ("CDC") activated its Emergency Response System to provide ongoing support for the response to COVID-19 across the country; and WHEREAS, the California Department of Public Health has activated its Medical and Health Coordination Center and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March 4, 2020, Governor Newson declared the existence of a state of emergency for the State of California; and WHEREAS, on March 13, 2020, the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency; and WHEREAS, on March 13, 2020, the County of San Luis Obispo Health Officer declared a public health emergency, the County of San Luis Obispo Emergency Services Director proclaimed a local emergency due to the COVID-19 pandemic, and local school closures went into effect; and 01181.0001/637637.3 WHEREAS, on March 14, 2020, the County of San Luis Obispo Public Health Department announced the first confirmed case of COVID-19 in San Luis Obispo County after an individual in San Luis Obispo County tested positive for COVID-19, and since that date further cases of COVID-19 have been confirmed in San Luis Obispo County; and WHEREAS, Penal Code § 396(f) provides in part 'It is unlawful for a person, business, or other entity to evict any residential tenant of residential housing after the proclamation of a state of emergency declared by . the Governor ... and for a period of 30 days following that proclamation or declaration, or any period that the proclamation or declaration is extended by the applicable authority and rent or offer to rent to another person at a rental price greater than the evicted tenant could be charged under this section. "; and WHEREAS, on March 16 2020, Governor Newsom issued Executive Order N-28-20, which in part ordered in Section (1) "The time limitation set forth in Penal Code section 396, subdivision (f), concerning protections against residential evictions, is hereby waived. Those protections shall be in effect through May 31, 2020."; and WHEREAS, the Morro Bay City Council desires that residents of Morro Bay are informed and aware of their rights as residential tenants under said State emergency orders and law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Recitals The City Council hereby finds and believes that the above recitals are true and correct and incorporate them herein by reference. 2. State of California Emergency Order on Residential Evictions. The City Council hereby orders that City staff publicize to City residents in as widespread a manner as is reasonably feasible under the conditions prevailing during this local emergency the State of California s emergency order and law concerning residential evictions pursuant to Executive Order N-28-20 and Penal Code § 396. Effective Date of Resolution. This Resolution shall be effective immediately upon passage and adoption. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions 01181.0001/637637.3 4. Publication. This Resolution and its contents will be published and promulgated in as widespread a manner as is reasonably feasible under the conditions prevailing during this local emergency. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, at a special meeting thereof held on the 19th day of March 2020 by the following vote: AYES. Headding, Addis, Davis, Heller, McPherson NOES: None ABSENT: None ABSTAIN: None JOHN E' S DI G, Mayor ATTEST: DANA SWANSON, City Clerk 01181.0001/637637.3