CC SR 20230321 D - Terminate Covid OrdersCITY COUNCIL
AGENDA REPORT
MEETING DATE: 03/21/2023
AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to terminate the City’s proclamation of a local
emergency related to COVID-19.
RECOMMENDED COUNCIL ACTION:
(1)Adopt Resolution 2023-__, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, PROCLAIMING THE
TERMINATION OF THE EXISTENCE OF A LOCAL EMERGENCY ASSOCIATED
WITH COVID-19 AND THEREBY RESCINDING RESOLUTION NO. 2020-11.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Enyssa Momoli, Administrative Analyst
REVIEWED BY: Teresa Takaoka, City Clerk
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A.Resolution No. 2023-__ (page A-1)
B.Resolution No. 2020-11 (page B-1)
C.Governor Newsom’s February 2023 Proclamation terminating the State of
Emergency (page C-1)
D.Governor Newsom’s March 2020 State of Emergency Proclamation (page D-1)
BACKGROUND AND DISCUSSION:
A novel coronavirus (COVID-19) was first detected in Wuhan City, Hubei Province, China,
in December 2019. On March 4, 2020, in response to the spread of COVID-19, the State
of California proclaimed a state of emergency and the County of Los Angeles declared a
local health emergency. On March 13, 2020, President Trump declared a National State
of Emergency.
During a special meeting on March 17, 2020, the City Council adopted Resolution No.
2020-11 proclaiming the existence of a local emergency due to COVID-19 (Attachment
B). The local emergency declaration was re-ratified by the City Council on December 21,
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CITYO RANCHO PALOS VERDES
2021, with the adoption of Resolution 2021 -72, which also reauthorized remote
teleconference meetings in accordance with Assembly Bill No. 361.
As COVID-19 and its impact on the local medical system have subsided, it is no longer
an immediate emergency. California’s COVID-19 state of emergency ended on February
28, 2023, and Los Angeles County’s local health emergency declaration is scheduled to
end on March 31, 2023. Therefore, the City’s emergency declaration and related
executive orders may be terminated.
In considering the need for terminating the local emergency, the City Council is being
asked to determine whether the situation resulting from extreme conditions of peril is now
deemed to be within the control of normal protective services, personnel, equipment, and
facilities of and within the City. If so, the City Council may proclaim the termination of said
local emergency and rescind Resolution 2020-11.
CONCLUSION:
Staff recommends the City Council adopt the attached resolution deeming that the local
emergency within the City due to COVID-19 no longer exists, and rescinding Resolution
No. 2020-11, thereby terminating the proclamation of a local emergency related to
COVID-19 and certain related executive orders issued by the City Council (Attachment
A).
ALTERNATIVES:
In addition to Staff recommendation, the following alternative action s are available for the
City Council’s consideration:
1. Do not adopt the resolution, thereby allowing the local emergency declaration to
remain in effect.
2. Take other action, as deemed appropriate.
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Resolution No. 2023-__
Page 1 of 2
RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, PROCLAIMING
THE TERMINATION OF THE EXISTENCE OF A LOCAL
EMERGENCY ASSOCIATED WITH COVID-19 AND
THEREBY RESCINDING RESOLUTION NO. 2020-11.
WHEREAS, the Emergency Services Act, Government Code Section 8558(c)
authorize the proclamation of a local emergency when conditions of extreme peril to the
safety of persons and property within the territorial limits of a city exist; and
WHEREAS, pursuant to the California Emergency Services Act and Government
Code Section 8625, Governor Gavin Newson proclaimed a State of Emergency on March
4, 2020, due to the peril to persons and property by the COVID-19 virus emergence; and
WHEREAS, pursuant to Government Code Section 8630, such a local emergency
existed in the City of Rancho Palos Verdes in accordance with Resolution No. 2020-11
as adopted by the City Council on the 17th day of March 2020, as a result of respiratory
illness due to a novel coronavirus (a disease now known as COVID-19); and
WHEREAS, Government Code Section 8630 requires that the City Council
proclaim the termination of such local emergency at the earliest possible date that
conditions warrant; and
WHEREAS, Governor Gavin Newson, having found pursuant to Government Code
Section 8629 that the conditions of extreme peril to the safety of persons and property as
declared in the State of Emergency on March 4, 2020 no longer exist, has proclaimed
that the State of Emergency no longer exists; and
WHEREAS, the City Council has reviewed the need for continuing the local
emergency; and
WHEREAS, the City Council has determined that the situation resulting from said
conditions of extreme peril is now deemed to be within the control of the normal protective
services, personnel, equipment, and facilities of and within the City of Rancho Palos
Verdes.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes, State
of California, does hereby proclaim the termination of said local emergency and rescinds
Resolution No. 2020-11.
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Resolution No. 2023-__
Page 2 of 2
PASSED, APPROVED AND ADOPTED this 21st day of March 2023.
Barbara Ferraro, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2023-__, was duly adopted by the City Council of said City at
a regular meeting thereof held on March 21, 2023.
_______________________
Teresa Takaoka, City Clerk
A-2
B-1
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RESOLUTION NO. 2020-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, DECLARING AND
PROCLAIMING A LOCAL EMERGENCY IN RESPONSE TO
COVID-19
WHEREAS, in December, 2019, an outbreak of respiratory illness due to a novel
coronavirus (COVID-19) was first identified in Wuhan City, Hubei, Province, China; and,
WHEREAS, the Center for Disease Control and Prevention (CDC) considers
COVID-19 to be a very serious public health threat with outcomes ranging from very mild
(including some with no reported symptoms) to severe, including illness resulting in death;
and,
WHEREAS, according to the CDC, there is no vaccine to prevent COVID-19 and
there is no specific antiviral treatment recommended for COVID-19 at this time; and,
WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared
a Public Health Emergency of International Concern over the global spread of the novel
coronavirus (COVID-19); and,
WHEREAS, on January 31, 2020, Health and Human Services (HHS) Secretary
Alex M. Azar II declared a Public Health Emergency for the United States to aid the
nation's healthcare community in responding to COVID-19; 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 Genter to provide support and guide actions to preserve public
health; and,
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of
Emergency for the State of California; and,
WHEREAS, on March 4, 2020, the County of Los Angeles declared a Local Health
Emergency in response to increased spread of COVID-19; and,
WHEREAS, on March 11, 2020, the WHO characterized COVID-19 as a
"pandemic"; and,
WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25-
20 regarding COVID-19; and,
WHEREAS, on March 13, 2020, President Trump declared a National State of
Emergency in response to increased spread of COVID-19; and,
01203 0001/636842 2
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WHEREAS, there is one suspected (but as-yet-unconfirmed) case of COVID-19
on the Palos Verdes Peninsula, COVID-19 is easily transmissible from person to person
and, as of March 15, 2020, has spread globally to over 146 countries and territories, has
infected more than 153,000 individuals and killed more than 5,700 individuals per the
WHO; and,
WHEREAS, it is imperative to prepare for and respond to suspected or confirmed
COVID-19 cases within the City, and to prepare to respond to an increasing number or
individuals who may require medical care; and,
WHEREAS, strict compliance with certain Municipal Code and other City
regulations would prevent, hinder, or delay appropriate actions to prevent and mitigate
the effects of the COVID-19, which issue cannot be timely addressed absent a declaration
of emergency; and,
WHEREAS, per Government Code §8630 a declaration of a local emergency shall
not remain in effect for a period in excess of seven days unless it has been ratified by the
City Council; and,
WHEREAS, Section 2.24.050 of the Rancho Palos Verdes Municipal Code
appoints the City Manager as Director of Emergency Services, and empowers the
Director request the City Council to proclaim the existence or threatened existence of a
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local emergency if the City Council is in session, or to issue such proclamation if the City I
Council is not in session; and,
WHEREAS, on March 14, 2020, the City Manager activated the City's Emergency
Operations Center (EOG) at Level 3, the lowest level of activation; and,
WHEREAS, out of an abundance of caution to protect the health, safety, and
welfare of the community, the Director of Emergency Services requested the City Council
to proclaim a local emergency due to the public health threat caused by COVID-19.
WHEREAS, during the existence of the local emergency, and along with all State
and County first response resources, all City first response resources, vehicles, and
services shall be given first priority from shopkeepers and businesses located within the
City, including, but not limited to, water, fuel and gasoline
NOW, THEREFORE, THE RANCHO PALOS VERDES CITY COUNCIL HEREBY
RESOLVES, AS FOLLOWS:
SECTION 1. The conditions of extreme peril to the safety of persons and property
have arisen within the City of Rancho Palos Verdes, caused by the effects of COVID-19.
SECTION 2. The aforementioned conditions of extreme peril warrant and
necessitate the proclamation of the existence of a local emergency by the City, as the
01203 0001/636842 2
Resolution No. 2020-11
Page 2 of 4
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means to resolve the conditions of extreme peril will probably exceed the capability of the
City.
SECTION 3. The City Council does hereby dedare and proclaim the existence of
a local emergency.
SECTION 4. During the existence of such local emergency, the powers, functions,
and duties of the City Manager as Director of Emergency Services and the Disaster Council
of this City shall be those, prescribed by State Law, Chapter 2.24 of the Rancho Palos
Verdes Municipal Code, and ordinances and resolutions of this City, and approved plans
of the City in order to mitigate the effects of the local emergency.
,SECTION 5. In addition to the p·owers, functions, and duties already prescribed
above, the Council desires to make clear the powers, functions, and duties include:
(a) As necessary for the public health, life, and property, entering into contracts
to arrange for the procurement of materials, goods, and services needed to assist in
preparing for, containing, responding to, mitigating the effects of, and recovering from the
spread of COVID-19.
(b) Applicable provisions of the Government Code and the Public Contract
Code, including but not limited to travel, advertising, and competitive bidding requirements,
as well as any City procurement or related policy, are suspended to the extent reasonably
nece,5sary to address the effects of COVID-19.
(c) The Emergency Services Director is expressly authorized to assist with any
lawful order, including the enforcement of an order of quarantine or curfew, as well as
ordering potentially ill City .employees to leave the workplace, authorizing certain City
employees to work remotely, taking steps to limit non-essential contact by City employe_es,
etc., to address the effects of COVID-19.
(d) The Emergency Services Director is expressly authorized at his or her
discretion to invoke force majeure clause on any City agreements or obligations, to the
e).(tent reasonably necessary to address the effects of COVID-19."
SECTION 6. The l,0cal emergency shall be deemed to continue to exi,5t until its
termination is proclaimed by the City Council.
SECTION 7. The Government Code § 8630 requirement that the Council review
of the need for continuing the local emergency at least once every 60 days until the City
Council terminates the local emergency has been waived for the duration of the statewide
emergency declared by Governor Newsom. In the event this declaration of local
emergency extends for more than the duration of the statewide emergency declared for
COVID-19, City Staff are directed to thereafter return this item for Council review of the
need for continuing the local emergency at least once every 60 days until the City Council
terminates the local emergency.
01203 0001/636842 2
Resolution No. 2020-11
Page 3 of 4
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SECTION 8. This Resolution shall take effect immediately. A copy of this
Resolution shall be forwarded to the Los Angeles County Operational Area for transmission
to California Emergency Management Agency.
SECTION 9. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED on this 17th day of March 2020.
Attest:
State of California
County of Los Angeles
City of Rancho Palos Verdes
)
) ss
)
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2020-11 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on March 17, 2020.
City C(erk
01203 0001/636842 2
Resolution No. 2020-11
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C-1EXECUTIVE DEPARTMENT STATE OF CALIFORNIA A PROCLAMATION BY THE GOVERNOR OF THE STATE OF CALIFORNIA TERMINATING STATE OF EMERGENCY I, GAVIN NEWSOM, Governor of the State of California, having found pursuant to Government Code section 8629 that the conditions of extreme peril to the safety of persons and property declared in the State of Emergency proclamation listed below no longer exist, therefore proclaim that the State of Emergency proclaimed on the following date and in the following jurisdiction no longer exists, effective at 11 :59 p.m. on February 28, 2023. Accordingly, any Executive Orders related to the terminated State of Emergency will also no longer be in effect as of 11 :59 p.m. on February 28, 2023. PROCLAMATION Emergency Date Jurisdiction Proclaimed COVID-19 March 4, 2020 Statewide I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be tiled in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 28th day of February 2023. Governor of California
D-1
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS in December 2019, an outbreak of respiratory ill ness due
to a novel coronavirus (a disease now known as COVID-19), was first
identified in Wuhan City, Hubei Province, China, and has spread outside
of China, impacting more than 75 countries, including the United States;
and
WHEREAS the State of California has been working in close
collaboration with the national Centers for Disease Control and Prevention
(CDC), with the United States Health and Human Services Agency, and
with local health departments since December 2019 to monitor and plan
for the potential spread of COVID-19 to the United States; and
WHEREAS on January 23, 2020, the CDC activated its Emergency
Response System to provide ongoing support for the response to COVID-
19 across the country; and
WHEREAS on January 24, 2020, the California Department of Public
Health activated its Medical and Health Coordination Center and on
March 2, 2020, the Office of Emergency Services activated the State
Operations Center to support and guide state and local actions to
preserve public health; and
WHEREAS the California Department of Public Health has been in
regular communication with hospitals, clinics and other health providers
and has provided guidance to health facilities and providers regarding
COVID-19; and
WHEREAS as of March 4, 2020, across the globe, there are more
than 94,000 confirmed cases of COVID-19, tragically resulting in more than
3,000 deaths worldwide; and
WHEREAS as of March 4, 2020, there are 129 confirmed cases of
COVID-19 in the United States, including 53 in California, and more than
9,400 Californians across 49 counties are in home monitoring based on
possible travel-based exposure to the virus, and officials expect the
number of cases in California, the Un ited States, and worldwide to
increase; and
WHEREAS for more than a decade California has had a robust
pandemic influenza plan, supported lo ca l governments in the
development of local plans, and required that state and local plans be
regu larly updated and exerc is e d; and
WHEREAS California has a strong federa l, state and local public
health and health care delivery system that has effectively responded to
prior events including the Hl N 1 influenza virus in 2009, and most recently
Ebola; and
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WHEREAS experts anticipate that while a high percentage of
individuals affected by COVID-19 will experience mild flu-like symptoms,
some will have more serious symptoms and require hospitalization,
particularly individuals who are elderly or already have underlying chronic
health conditions; and
WHEREAS it is imperative to prepare for and respond to suspected or
confirmed COVID-19 cases in California, to implement measures to
mitigate the spread of COVID-19, and to prepare to respond to an
increasing number of individuals requiring medical care and
hospitalization ; and
WHEREAS if COVID-19 spreads in California at a rate comparable to
the rate of spread in other countries, the number of persons requiring
medical care may exceed locally available resources, and controlling
outbreaks minimizes the risk to the public, maintains the health and safety
of the people of California, and limits the spread of infection in our
communities and within the healthcare delivery system; and
WHEREAS personal protective equipment (PPE) is not necessary for
use by the general population but appropriate PPE is one of the most
effective ways to preserve and protect California's healthcare workforce
at this critical time and to prevent the spread of COVID-19 broadly; and
WHEREAS state and local health departments must use all available
preventative measures to combat the spread of COVID-19, which will
require access to services, personnel, equipment, facilities, and other
resources, potentially including resources beyond those currently
available, to prepare for and respond to any potential cases and the
spread of the virus; and
WHEREAS I find that conditions of Government Code section
8558 (b), relating to the declaration of a State of Emergency, have been
met; and
WHEREAS I find that the conditions caused by COVID-19 are likely to
require the combined forces of a mutual aid region or regions to
appropriately respond; and
WHEREAS under the provisions of Government Code section
8625(c), I find that local authority is inadequate to cope with the threat
posed by COVID-19; and
WHEREAS under the provisions of Government Code section 8571, I
find that strict compliance with various statutes and regulations specified
in this order would prevent, hinder, or delay appropriate actions to
prevent and mitigate the effects of the COVID-19.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of
California, in accordance with the authority vested in me by the State
Constitution and statutes, including the California Emergency Services
Act, and in particular, Government Code section 8625, HEREBY PROCLAIM
A STATE OF EMERGENCY to exist in California.
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IT IS HEREBY ORDERED THAT:
1. In preparing for and responding to COVID-19, all agencies of the
state government use and employ state personnel, equipment,
and facilities or perform any and all activities consistent with the
direction of the Office of Emergency Services and the State
Emergency Plan, as well as the California Department of Public
Health and the Emergency Medical Services Authority. Also, a ll
residents are to heed the advice of emergency officials with
regard to this emergency in order to protect their safety.
2. As necessary to assist local governments and for the protection
of public health, state agencies shall enter into contracts to
arrange for the procurement of materials, goods, and services
needed to assist in preparing for, containing, responding to,
mitigating the effects of, and recovering from the spread of
COVID-19. Applicable provisions of the Government Code and
the Public Contract Code, including but not limited to travel,
advertising, and competitive bidding requirements, are
suspended to the extent necessary to address the effects of
COVID-19 .
3 . Any out-of-state personnel, including, but not limited to, medical
personnel, entering California to assist in preparing for,
responding to, mitigating the effects of, and recovering from
COVID-19 shall be permitted to provide services in the same
manner as prescribed in Government Code section 179 .5, with
respect to licensing and certification. Permission for any such
individual rendering service is subject to the approval of the
Director of the Emergency Medical Services Authority for
medical personnel and the Director of the Office of Emergency
Services for non-medical personnel and shall be in effect for a
period of time not to exceed the duration of this emergency.
4. The time limitation set forth in Penal Code section 396, subdivision
(b), prohibiting price gouging in time of emergency is hereby
waived as it relates to emergency supplies and medical supplies .
These price gouging protections sha ll be in effect through
September 4, 2020.
5. Any state-owned properties that the Office of Emergency
Services determines are suitable for use to assist in preparing for,
responding to, mitigating the effects of, or recovering from
COVID-19 shall be made available to the Office of Emergency
Services for this purpose, notwithstanding any state or local law
that would restrict, delay, or otherwise inhibit such use.
6. Any fairgrounds that the Office of Emergency Services
determines are suitable to assist in preparing for, responding to,
mitigating the effects of, or recovering from COVID-19 shall be
made available to the Office of Emergency Services pursuant to
the Emergency Services Act, Government Code section 8589.
The Office of Emergency Services shall notify the fairgrounds of
the intended use and can immediately use the fairgrounds
without the fairground board of directors' approval, and
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notwithstanding any state or local law that would restrict, delay,
or otherwise inhibit such use.
7. The 30-day time period in Health and Safety Code section
101080, within which a local governing authority must renew a
local health emergency, is hereby waived for the duration of this
statewide emergency. Any such local health emergency will
remain in effect until each local governing authority terminates
its respective local health emergency.
8. The 60-day time period in Government Code section 8630, within
which local government authorities must renew a local
emergency, is hereby waived for the duration of this statewide
emergency. Any local emergency proclaimed will remain in
effect until each local governing authority terminates its
respective local emergency.
9. The Office of Emergency Services shall provide assistance to
local governments that have demonstrated extraordinary or
disproportionate impacts from COVID-19, if appropriate and
necessary, under the authority of the California Disaster
Assistance Act, Government Code section 8680 et seq., and
California Code of Regulations, ntle 19, section 2900 et seq .
10. To ensure hospitals and other health facilities are able to
adequately treat patients legally isolated as a result of COVID-
19, the Director of the California Department of Public Health
may waive any of the licensing requirements of Chapter 2 of
Division 2 of the Health and Safety Code and accompanying
regulations with respect to any hospital or health facility
identified in Health and Safety Code section 1250. Any waiver
shall include alternative measures that, under the circumstances,
will allow the facilities to treat legally isolated patients while
protecting public health and safety. Any facilities being granted
a waiver shall be established and operated in accordance with
the facility's required disaster and mass casualty plan. Any
waivers granted pursuant to this paragraph shall be posted on
the Department's website.
11. To support consistent practices across California, state
departments, in coordination with the Office of Emergency
Services, shall provide updated and specific guidance relating
to preventing and mitigating COVID-19 to schools, employers,
employees, first responders and community care facilities by no
later than March 10, 2020.
12. To promptly respond for the protection of public health, state
entities are, notwithstanding any other state or local law,
authorized to share relevant medical information, limited to the
patient's underlying health conditions, age, current condition,
date of exposure, and possible contact tracing, as necessary to
address the effect of the COVID-19 outbreak with state, local,
federal, and nongovernmental partners, with such information to
be used for the limited purposes of monitoring, investigation and
control, and treatment and coordination of care. The
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notification requirement of Civil Code section 1798.24,
subdivision (i), is suspended.
13. Notwithstanding Health and Safety Code sections 1797 .52 and
1797.218, during the course of this emergency, any EMT-P
licensees shall have the authority to transport patients to
medical facilities other than acute care hospitals when
approved by the California EMS Authority. In order to carry out
this order, to the extent that the provisions of Health and Safety
Code sections 1797.52 and 1797.218 may prohibit EMT-P
licensees from transporting patients to facilities other than acute
care hospitals, those statutes are hereby suspended until the
termination of this State of Emergency.
14. The Department of Social Services may, to the extent the
Department deems necessary to respond to the threat of
COVID-19, waive any provisions of the Health and Safety Code
or Welfare and Institutions Code, and accompanying
regulations, interim licensing standards, or other written policies
or procedures with respect to the use, licensing, or approval of
facilities or homes within the Department's jurisdiction set forth in
the California Community Care Facilities Act (Health and Safety
Code section 1500 et seq.), the California Child Day Care
Facilities Act (Health and Safety Code section 1596.70 et seq.),
and the California Residential Care Facilities for the Elderly Act
(Health and Safety Code section 1569 et seq.). Any waivers
granted pursuant to this paragraph shall be posted on the
Department's website.
I FURTHER DIRECT that as soon as hereafter possible, this
proclamation be filed in the Office of the Secretary of State and that
widespread publicity and notice be given of this proclamation.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
affixed this 4th day
ernor of California
ATTEST:
ALEX PADILLA
Secretary of State