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HomeMy WebLinkAbout2020-023 - Resolution RESOLUTION NO. 2020-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER 2020-2 TO SUSPEND ANIMAL LICENSE PENALTIES, DEFER A PORTION OF TOW SERVICE AGREEMENT ADMINISTRATIVE FEES FOR THE MONTH OF APRIL, PERMIT SIGNAGE IN THE RIGHT OF WAY FOR ESSENTIAL BUSINESSES, AND PERMIT THE USE OF RECREATIONAL VEHICLES AND TRAILERS FOR THE PURPOSES OF COMPLYING WITH PUBLIC HEALTH ORDERS 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 COVID-19. 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 COVID-19. 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 Resolution No. 2020-023 - Page 1 of 4 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 April 8, 2020, the City Manager, acting in his capacity as the Director of Emergency Services, adopted Executive Order 2020-2 to suspend business license penalties and administrative citations during the current local emergency caused by the COVID-19 pandemic. 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 2020-2 issued by the Director of Emergency Services on April 8, 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. 2020-023 - Page 2 of 4 PASSED, APPROVED and ADOPTED this 15th day of April, 2020. L. Dennis Michael, Mayor ATTEST: mice 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 15th day of April 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 16th day of April, 2020, at Rancho Cucamonga, California. WY Janice C. Reynolds, Clerk Resolution No. 2020-023 - Page 3 of 4 EXHIBIT A EXECUTIVE ORDER 2020- 2 Resolution No. 2020-023 - Page 4 of 4 Mayor L.Dennis Michael I Mayor Pro Tern Lynne B.Kennedy Council Members Ryon 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 EXECUTIVE ORDER 2020-2 OF THE DIRECTOR OF EMERGENCY SERVICES WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of a 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 to help the State prepare for the 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-1 9; 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 to help prevent the spread of COVID-19. On April 2, 2020, the Health Officer extended the order until such time that the Governor's Executive Order N-22-20 and the Health Officer's orders are rescinded; 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 Executive Order 2020-2 — Director of Emergency Services Page 2 WHEREAS these public health directives and City orders impact daily life in the community, as well as the livelihood and economic well-being of residents and businesses; and WHEREAS, designated businesses are striving to provide some essential services to the community, such as providing meals and groceries, and have a need to inform the public about the availability of these services even during this emergency; 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 animal license renewals and the Tow Services Agreement administrative 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, I, John R. 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 animal license renewals will not be imposed until 120 days after the applicable renewal date. 2. For the month of April 2020, tow service operators may defer up to 50% of the tow services administrative fee due to the City until December 1, 2020. 3. For businesses offering essential services, as designated by the California Department of Public Health in its list of Essential Critical Infrastructure Workers, and open to the general public with modified service levels, signs may be placed in the right- of-way subject to these limitations: a. Temporary signs may be placed in the right-of-way and landscape areas of private property in the areas immediately adjacent to the business or shopping center. b. Signs must be free-standing and not attached to any existing structure, except signs may be attached to any previously permitted sign of the business. C. A business may place one banner or sign with two (2) display faces of 8' x 4' or not to exceed 32 square feet per side on each street frontage. d. A business may place an additional four signs with two (2) display faces, not to exceed 9 square feet per side, on each street frontage. Executive Order 2020-2 — Director of Emergency Services Page 3 e. Signs shall not be placed to create a hazard for pedestrians or drivers, including line-of-sight obstructions. 4. Recreational vehicles and trailers designed for human habitation may be occupied for purposes of complying with State, County, and City public health orders to social distance, quarantine, or isolate due to COVID-19. When utilized for this purpose, the vehicle or trailer may be located in a driveway or other paved parking area intended for vehicles on private property. For properties which are unable to accommodate the vehicle or trailer on a driveway or paved parking area, the vehicle or trailer may be located on the street. All occupancy shall be subject to the following requirements: a. Equipment must be located adjacent to or nearly adjacent to the property where registered or the permanent home address of the occupant. b. Occupants must have access to the associated residence for sanitation purposes. C. The equipment may be connected to electricity, but generators are prohibited. d. There can be no obstruction of streets, driveways or pedestrian access. e. Trailers on the street must be stabilized and anchored to prevent unintended movement. f. Equipment parked on the street and utilized for social distancing, quarantining, or isolation shall not be subject to 72-hour restrictions (RCMC 10.44.130) or overnight parking restrictions (RCMC 10.64). g. This order shall not apply to box trailers, specialized equipment trailers, or any other restricted vehicle which is not designed for human habitation. 5. This Order shall take effect immediately and shall remain in effect until the local emergency declared by the City Council, due to the COVID-19 pandemic, 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 Itis 8th day of A nl, BY: John R. Gillison Director of Emergency Services APPROVED AS TO FORM: ATTEST: C& anice Reynolds, City Clerk P,;jJames Markman, City Attorney