HomeMy WebLinkAbout2020-019 - ResolutionRESOLUTION NO. 2020-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE
DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE
ORDER 2020-1 TO SUSPEND BUSINESS LICENSE
PENALTIES AND ADMINISTRATIVE CITATIONS, AND
MODIFY REFUND PROCEDURES FOR THE COMMUNITY
SERVICES DEPARTMENT DURING THE LOCAL
EMERGENCY CAUSED BY THE COVID-19 PANDEMIC
A. RECITALS:
1 . International, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus
named "SARS-CoV-2," and the disease it causes has been named "coronavirus disease
2019," abbreviated COVID-19, ("COVID-19").
2. On March 4, 2020, the Governor of the State of California declared a state
of emergency to make additional resources available, formalize emergency actions
already underway across multiple state agencies and departments, and help the State
prepare for broader spread of COVI D-1 9.
3. On March 13, 2020, the President of the United States of America declared
a national emergency and announced that the federal government would make
emergency funding available to assist state and local governments in preventing the
spread of and addressing the effects of COVID-19.
4. On March 17, 2020, the Health Officer of the County of San Bernardino
issued a public health order to prohibit all public and private gatherings and require the
closure of all bars, adult entertainment establishments, and other business
establishments that do not serve food, as well as movie theatres, gyms, and health clubs
in response to help prevent the spread of COVI D-1 9.
5. On March 18, 2020, the Rancho Cucamonga City Council adopted
Resolution 2020-014, proclaiming the existence of a local emergency due to COVID-19
pursuant to Government Code Section 8630.
6. On March 19, 2020, the Governor issued Executive Order N-33-20 to
implement directives developed by the State Public Health Officer that require all
individuals living in the State of California to stay at their place of residence except as
needed to maintain continuity of operations of the federal critical infrastructure and other
essential sectors.
7. Based on the foregoing, the Centers for Disease Control and Prevention,
the California Department of Public Health, and the San Bernardino County Department
of Public Health have all issued public health recommendations to the community
including but not limited to staying home if sick, social distancing from non -family
members, canceling or postponing events and gatherings, and taking other precautions
to protect public health and prevent transmission of this communicable virus.
8. These public health recommendations and City orders impact daily life in
the community as well as the livelihood and economic wellbeing of residents and
businesses.
9. These orders have also resulted in the cancellation of various classes,
activities, facility rentals, and theater programs offered by the City.
10. Loss of income as a result of COVID-19 may inhibit City residents and
businesses from fulfilling their financial obligations, including payment of business license
renewals and Fire District fees.
11. Pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the
City Manager is the Director of Emergency Services, and is empowered to make and
issue rules and regulations on matters reasonably related to the protection of life and
property affected by such emergency; provided, however, such rules and regulations
must be confirmed at the earliest practicable time by the City Council.
12. On March 25, 2020, the City Manager, acting in his capacity as the Director
of Emergency Services, adopted Executive Order 2020-1 to suspend business license
penalties and administrative citations during the current local emergency caused by the
COVID-19pandemic. The Director determined that this action was in the interest of public
health and safety.
13. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby
find and resolve as follows:
1 . Findings:
a. The facts set forth in the Recitals, above, are true and correct.
b. The above described conditions warranted the Director of
Emergency Services' actions to suspend business license penalties and administrative
citations to counter the significant economic impacts of the public health orders currently
affecting businesses within the City.
2. Ratification of Executive Order: Executive Order 2020-1 issued by the
Director of Emergency Services on March 25, 2020, as attached hereto as Exhibit A, is
hereby ratified and confirmed pursuant to Chapter 2.36 of the Rancho Cucamonga
Municipal Code and Government Code Section 8634.
3. Effective Date: This Resolution shall take effect upon adoption.
4. Certification: The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 2020-019 - Page 2 of 4
PASSED, APPROVED and ADOPTED this 1st day of April, 2020.
L. Dennis Michael, Mayor
ATTEST:
"Ulf #L..�L &I Wl&- 61%.1
Janice C. Reynolds, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
1, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 1 It day of
April 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 2nd day of April, 2020, at Rancho Cucamonga, California.
-4 R ,
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J anic
a e C. Reynolds, Clerk
Resolution No. 2020-019 - Page 3 of 4
EXHIBIT A
EXECUTIVE ORDER 2020-1
Resolution No. 2020-019 - Page 4 of 4
Mayor L. Dennis Michael I Mayor Pro Tern Lynne B. Kennedy
Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo
City ManagerJohn R. Gillison
10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 www.CityofRC.us
EXECUTIVE ORDER 2020-1 OF THE
DIRECTOR OF EMERGENCY SERVICES
WHEREAS international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
"SARS-CoV-2," and the disease it causes has been named "coronavirus disease 2019,"
abbreviated COVID-19, ("COVID-19"); and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state
of emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the State prepare for
broader spread of COVID-1 9; and
WHEREAS, on March 13, 2020, the President of the United States of America declared
a national emergency and announced that the federal government would make emergency
funding available to assist state and local governments in preventing the spread of and
addressing the effects of COVID-19; and
WHEREAS, on March 17, 2020, the Health Officer of the County of San Bernardino
issued a public health order to prohibit all public and private gatherings and require the closure
of all bars, adult entertainment establishments, and other business establishments that do not
serve food, as well as movie theatres, gyms, and health clubs in response to help prevent the
spread of COVID-19; and
WHEREAS, on March 18, 2020, the Rancho Cucamonga City Council adopted
Resolution 2020-014, proclaiming the existence of a local emergency due to COVID-19; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20 to
implement directives developed by the State Public Health Officer that require all individuals
living in the State of California to stay at their place of residence except as needed to maintain
continuity of operations of the federal critical infrastructure and other essential sectors; and
WHEREAS, based on the foregoing, the Centers for Disease Control and Prevention,
the California Department of Public Health, and the San Bernardino County Department of
Public Health have all issued public health recommendations to the community including but
not limited to staying home if sick, social distancing from non -family members, canceling or
postponing events and gatherings, and taking other precautions to protect public health and
prevent transmission of this communicable virus; and
Mayor L. Dennis Michael I Mayor Pro Tom Lynne B. Kennedy
Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo
City McmagerJohn R. Gillison
10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 www.CityofRC.us
WHEREAS these public health recommendations and City orders impact daily life in
the community as well as the livelihood and economic wellbeing of residents and businesses;
and
WHERAS these orders have resulted in the cancellation of various classes, activities,
and theater programs offered by the City; and
WHEREAS loss of income as a result of COVID-19 may inhibit City residents and
businesses from fulfilling their financial obligations, including payment of business license
renewals and Fire District fees; and
WHEREAS, pursuant to Chapter 2.36 of the Rancho Cucamonga Municipal Code, the
City Manager is the Director of Emergency Services, and is empowered to make and issue
rules and regulations on matters reasonably related to the protection of life and property as
affective by such emergency; provided, however, such rules and regulations must be
confirmed at the earliest practicable time by the City Council; and
WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to
Section 2.36.060 of the Rancho Cucamonga Municipal Code to issue this regulation related to
the protection of life and property.
NOW, THEREFORE, 1, John Gillison, the Director of Emergency Services for the City of
Rancho Cucamonga, do hereby issue the following order to become effective immediately,
subject to ratification as soon as practicable by the City Council.
IT IS HEREBY ORDERED THAT:
1. Penalties for non-payment of business license renewals will not be imposed until 120 days
after the applicable renewal date.
2. Administrative citations for delinquent business license renewals are suspended during the
local emergency.
3. Re -inspection fees imposed by the Rancho Cucamonga Fire District ("Fire District") are
suspended during the local emergency. Businesses are encouraged to make corrections in
the interest of the safety of their business operations and re -inspections will continue in an
effort to persuade compliance, but re -inspection fees will not be imposed; however,
practices, processes, and equipment that are an imminent risk of creating a fire or
jeopardizing life safety will be abated and discontinued in the interests of public safety.
4. Re -inspection fees previously imposed by the Fire District are hereby waived and an
operating permit will issue to any business that has made all necessary corrections required
by the Fire District as part of an inspection and the only condition to receiving an operating
permit was the payment of re -inspection fees.
Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy
Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo
City Manager John R. Gillison
10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 WWW.CityofRC.us
5. For high -risk facilities as defined by the Fire District, formal, scheduled inspections are
discontinued and instead Fire Prevention staff will complete welfare or safety checks during
the local emergency. Prevention staff will continue to investigate and follow up on reports
of violations of State and local fire and life safety codes that could create unnecessary risk
to the well-being of residents and businesses.
6. Fire District false alarm fees are suspended during the local emergency.
7. A hardship program is established for Spring 2020 Weed Abatement by the Fire District
during the local emergency. If a property owner requests to participate in the hardship
program due to an inability to timely complete the required abatement, the Fire District will
arrange for the work to be done, bill the property owner, but allow for a deferred
payment. The Fire District is hereby directed to develop administrative guidelines to
implement this hardship program.
8. All administrative fees for Fire District Weed Abatement are waived.
9. The Community Services Department is hereby directed to work with customers and issue
hardship refunds net of the City's costs for processing fees incurred from third party
vendors. The Community Services Department is also directed to develop administrative
guidelines to implement this hardship program.
10. Unless otherwise stated herein, all fees or actions waived by this Executive Order shall be
permanently waived. All fees or actions suspended by this Executive Order are suspended
for the duration of the COVI D-1 9 local emergency and shall be paid or completed within
120 days after the local emergency is concluded.
11. This Order shall take effect immediately and shall remain in effect until the local emergency
declared by the City Council due to the COVID-1 9 pandernic is concluded, at which time it
will automatically expire unless extended or expressly superseded by a duly enacted
Resolution of the City Council or by a further Order by the Director of Emergency Services.
ADOPTED this 25th day of March 2020.
ATTEST:
4atniceiRe�ey�nolds, Cit4yClerk
BY:--
J�HN' ' �
G SON, DIRECTOR OF
E M
M GENCY SERVICES
APPROVED AS TO FORM:
James Markman, CTIYAttorney