HomeMy WebLinkAbout2022-02-08 - AGENDA REPORTS - SENATE CONCURRENT RESO 5O
Agenda Item: 8
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A11�44-1)
DATE: February 8, 2022
SUBJECT: STATE LEGISLATION: SENATE CONCURRENT RESOLUTION 5
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to support Senate
Concurrent Resolution 5 (Melendez) and transmit position statements to Senator Melendez,
Santa Clarita's state legislative delegation, appropriate legislative committees, Governor
Newsom, League of California Cities, and other stakeholder organizations.
BACKGROUND
Authored by Senator Melissa Melendez (R-28-Lake Elsinore), Senate Concurrent Resolution 5
declares the state of emergency proclaimed by the Governor on March 4, 2020, is at an end,
thereby terminating the emergency powers granted to the Governor as a result of the
proclamation.
State law authorizes the Governor to declare a state of emergency when conditions of disaster or
extreme peril to the safety of persons or property exists and typically implemented in times when
the state legislature is unable to safely and adequately operate within the constraints of the state
constitution.
Since proclaiming a state of emergency in response to the COVID-19 pandemic, Governor
Newsom has issued over 80 executive orders, unilaterally changing more than 200 state laws.
Approximately a third of the executive orders issued during the state of emergency have been
related to public health. The remaining executive orders have been related to social services,
employment protections, housing and eviction restrictions, public meetings, and education. In
comparison, the Governor issued approximately eight executive orders in 2019. The current state
of emergency is scheduled to end on March 31, 2022, however, the Governor has extended the
state of emergency several times since the original proclamation on March 4, 2020.
Although the state legislature expanded its spring and summer recess in 2020 due to the COVID-
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19 pandemic, mitigation efforts to reduce the spread of COVID-19 have been implemented since
then by Senate and Assembly leadership to safely convene during the 2021-22 legislative
session. Temporary rule changes, including remote or proxy voting options have been used in the
current legislative session by the Senate and Assembly to continue state legislative operations.
The state legislature has convened for the 2022 legislative year and is responsible, under Article
IV of the state constitution, to propose and pass legislation, which it did in the 2021 legislative
year.
The recommendation to support Senate Concurrent Resolution 5 is consistent with the City of
Santa Clarita 2022 Executive and Legislative Platform. Specifically, Component 15 under the
"State" section advises that the City Council, "Support legislation, regulatory proposals, or
administrative actions that end the State of Emergency related to the COVID-19 pandemic."
Senate Concurrent Resolution 5 was introduced on December 22, 2020, and referred to the
Senate Governmental Organization Committee on February 10, 2021. This bill has not been
scheduled for a hearing at the time this report was developed.
The City Council Legislative Committee met on January 24, 2022, and recommends that the City
Council adopt a "support" position on Senate Concurrent Resolution 5.
ALTERNATIVE ACTION
1. Adopt an "oppose" position on Senate Concurrent Resolution 5.
2. Adopt a "neutral" position on Senate Concurrent Resolution 5.
3. Take no action on Senate Concurrent Resolution 5.
4. Refer Senate Concurrent Resolution 5 back to the Legislative Committee.
5. Other direction, as provided by the City Council.
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2021-22 budget.
ATTACHMENTS
Senate Concurrent Resolution 5 - Bill Text
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8.a
AMENDED IN SENATE FEBRUARY 2, 2021
Senate Concurrent Resolution No. 5
Introduced by Senator Melendez
(Coauthors: Senators Bates, Dahle, Grove, Jones, Nielsen, Ochoa
Bogh, and Wilk)
(Coauthors: Assembly Members Megan Dahle, Gallagher Nguyen,
and Patterson)
December 22, 2020
Senate Concurrent Resolution No. 5—Relative to terminating the
state of emergency proclaimed by the Governor on March 4, 2020.
LEGISLATIVE COUNSEL'S DIGEST
SCR 5, as amended, Melendez. State of emergency: COVID-19:
termination.
This measure, in accordance with specified law, would declare that
the state of emergency proclaimed by the Governor on March 4, 2020,
is at an end, thereby terminating the emergency powers granted to the
Governor as a result of that proclamation.
Fiscal committee: yes.
1 WHEREAS, On March 4, 2020, Governor Gavin Newsom
2 proclaimed a state of emergency in California to mitigate the spread
3 of COVID-19; and
4 WHEREAS, Since proclaiming a state of emergency on March
5 4, Governor Newsom has issued -over more than 47 executive
6 orders, unilaterally changing 200 laws spanning most divisions of
7 the California codes; and
8 WHEREAS, Section 8629 of the Government Code, which is
9 part of the California Emergency Services Act (Chapter 7
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SCR 5 — 2 —
8.a
1 (commencing with Section 8550) of Division 1 of Title 2 of the
2 Government Code), authorizes the State Legislature to terminate
3 a state of emergency "by concurrent resolution of the Legislature
4 declaring it at an end"; and
5 WHEREAS, A "state of emergency" in California is a legal
6 term describing not merely conditions of extreme peril, but also
7 the inadequacy of state and local institutions to combat the threat
8 within the constraints of the California Constitution; and
9 WHEREAS, On May 17, 2020, the nonpartisan Legislative
10 Analyst's Office released a report stating that they are "very
11 troubled" by the authority the Governor seeks to take away from
12 the Legislature in the May Revision, and stated that "we urge the
13 Legislature to jealously guard its constitutional role and authority";
14 and
15 WHEREAS, The California Emergency Services Act (Chapter
16 7 (commencing with Section 8550) of Division 1 of Title 2 of the
17 Government Code) (CESA) also provides local governments the
18 ability to proclaim a local emergency in response to COVID-19,
19 which authorizes the state to provide "mutual aid, including
20 personnel, equipment, and other available resources, to assist
21 political subdivisions during a local emergency or in accordance
22 with mutual aid agreements or at the direction of the Governor";
23 and
24 WHEREAS, Nothing in this resolution prevents a local
25 jurisdiction from proclaiming a local emergency to mitigate the
26 spread of COVID-19; and
27 WHEREAS, On November 2, 2020, the Superior Court of the
28 County of Sutter issued a tentative ruling in the case of Gallagher
29 and Kiley v. Newsom (CVCS20-0912) that found all of the
30 following: (1) The Governor's Executive Order N-67-20, issued
31 on June 3, 2020, which, among other things, required all
32 Californians registered to vote in the November 3, 2020, General
33 Election to receive vote -by -mail ballots and required all county
34 elections officials to use the Secretary of State's vote -by -mail
35 ballot tracking system and Intelligent Mail Barcodes on all
36 vote -by -mail ballot envelopes, was not authorized by the CESA
37 because it improperly amended existing statutory law, exceeding
38 the Governor's authority and violating the separation of powers;
39 (2) Executive Order N-67-20 was declared void and without further
40 force or effect as an unconstitutional exercise of legislative power
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— 3 — SCR 5
8.a
1 in that the CESA does not authorize or empower the Governor to
2 amend or make statutory law; and (3) the Governor was enjoined
3 and prohibited from exercising any power under the CESA that
4 amends, alters, or changes existing statutory law or makes new
5 statutory law or legislative policy. The final ruling was issued on
6 November 13, 2020; and
7 WHEREAS, An open-ended state of emergency, with boundless
8 powers vested in a chief executive, is incompatible with democratic
9 government; and
10 WHEREAS, It is critical that a proper balance be restored
11 between the legislative and executive branches; now, therefore,
12 be it
13 Resolved by the Senate of the State of California, the Assembly
14 thereof concurring, That the Legislature, in accordance with
15 Section 8629 of the Government Code, declares that the state of
16 emergency proclaimed by Governor Gavin Newsom on March 4,
17 2020, is at an end and that the emergency powers granted to the
18 Governor as a result of that proclamation are hereby terminated;
19 and be it further
20 Resolved, That the Secretary of the Senate transmit copies of
21 this resolution to the Governor of California.
X
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