HomeMy WebLinkAbout2021-015 - ResolutionRESOLUTION NO.2021-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE
DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER
2021-1 MODIFYING PREVIOUS EXECUTIVE ORDERS GIVEN
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 makeemergency 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 otheressential 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 communityincluding 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.
Resolution No. 2021-015 - Page 1 of 4
8. These public health recommendations and City orders impact daily life in the
community as well as the livelihood and economic wellbeing of residents andbusinesses.
9. 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.
10. On March 21, 2021, the City Manager, acting in his capacity as the Director of
Emergency Services, adopted Executive Order 2021-1 to modify Executive Orders 2020-1,
2020-2, 2020-3, 2020-4, and 2020-5. The Director determined that this action was in the interest
of public health and safety.
11. 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 herebyfind and
resolve as follows:
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 modify the previously -issued Executive Orders.
2. Ratification of Executive Order: Executive Order 2021-1 issued by the Director
of Emergency Services on March 11, 2021, 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. 2021-015 - Page 2 of 4
PASSED, APPROVED, and ADOPTED this 17' day of March 2021.
I
lf"Dennis Michaef,.,.
ATTEST:
y
+0*.-4nice nolds, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
U
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 17th day of March 2021.
AYES:
Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES:
None
ABSENT:
None
ABSTAINED:
None
Executed this 18th day of March, 2021, at Rancho Cucamonga, California.
Resolution No. 2021-015 - Page 3 of 4
Resolution No. 2021-015 - Page 4 of 4
Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy
Council Members Ryan A. Hutchison, Kristine D. Scott Sam Spognolo
City Manager John R. Gillison
10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 www.CityofRC.us
EXECUTIVE ORDER 2021-1 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-19; 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
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 2021-1 — 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, 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; and
WHEREAS, Executive Orders 2020-1, 2020-2, 2020-3, 2020-4, and 2020-5 have
previously been issued and ratified by the City Council and Fire District Board of Directors,
and I now find the need to modify these orders;
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. The actions ordered in Executive Orders 2020-1, 2020-2, 2020-3, 2020-4,
and 2020-5 are hereby modified by this Executive Order 2021-1.
2. Various actions related to operations and administration of business
licensing, Fire District inspections and fees, animal licensing, weed abatement,
Community Services Department fees and facilities, temporary signage, and RV
occupancy are hereby modified in accordance with the attached Exhibit A. As the County
of San Bernardino progresses through the designated COVID status tiers, the various
actions of City departments will be modified as indicated on Exhibit A.
3. 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 this 11t" day of M rch, 2021.
BY:
John R. Gillison
Director of Emergency Services
Executive Order 2021-1 — Director of Emergency Services
Page 3
APPROVED AS TO FORM: ATTEST:
0_*niceReynolds, ity Clerk V James Markman, City Attorney
Exhibit A - Executive Order 2021-1
Item Executive Order Date Purple - Widespread Red - Substantial Orange - Moderate Yellow - Minimal
Business license penalties
2020-01
March 25, 2020
Not imposed until 120 days after
Not imposed until 60 days after the
Order ends
Order ends
the applicable renewal date
applicable renewal date
Business license renewals -
2020-01
March 25, 2020
Suspended for duration of
Not imposed until 60 days after the
Order ends
Order ends
administrative citations for
emergency; paid within 120 days of
applicable renewal date
delinquencies
emergency conclusion
Fire District re -inspection fees -
2020-01
March 25, 2020
Suspended for duration of
Suspended for duration of
Order ends
Order ends
new
emergency; paid within 120 days of
emergency; paid within 60 days of
emergency conclusion
emergency conclusion
Fire District re -inspection fees
2020-01
March 25, 2020
Waived; will issue operating
Waived; will issue operating permits
Order ends
Order ends
previously imposed
permits where corrections were
where corrections were made, and
made, and only the fees are
only the fees are outstanding
outstanding
Fire District high -risk facility
2020-01
March 25, 2020
Formal, scheduled inspections
Order ends
Order ends
Order ends
inspections
discontinued; welfare/safety checks
conducted instead. Staff
investigates and follows up on
reported violations of state/local
fire and life safety issues
Fire District false alarm fees
2020-01
March 25, 2020
Suspended for duration of
Order ends
Order ends
Order ends
emergency; paid within 120 days of
emergency conclusion
Weed abatement - Spring
2020-01
March 25, 2020
Hardship program established to
Program extended for Spring 2021
N/A
N/A
2020 program
defer property owner payments for
weed abatement
Weed abatement -
2020-01
March 25, 2020
Waived
N/A
N/A
N/A
administrative fees
Community Services Dept
2020-01
March 25, 2020
Refunds issued net of City's costs
Order ends
Order ends
Order ends
hardship refunds
for processing incurred from third
party vendors
Animal license renewal
2020-02
April 8, 2020
Penalties not imposed until 120
Not imposed until 60 days after the
Order ends
Order ends
penalties
days after the applicable renewal
applicable renewal date
date
Tow services administrative
2020-02
April 8, 2020
Option to defer 50% of the fee until
N/A
N/A
N/A
fee for April 2020
12/1/2020
Temporary signage in the right-
2020-02
April 8, 2020
Temp signs allowed in ROW and
Temp signs allowed in ROW and
Order ends
Order ends
of -way for businesses offering
landscaped areas, with restrictions
landscaped areas, with restrictions
essential services
on size and number
on size and number
RV occupation for health order
2020-02
April 8, 2020
RV's may be occupied for the
RV's may be occupied for the
Order ends
Order ends
compliance
purposes of health order
purposes of health order
compliance. May be on the street
compliance. May be on the street
with no 72 hour limit. Subject to
with no 72 hour limit. Subject to
certain restrictions
certain restrictions
Exhibit A - Executive Order 2021-1
Outdoor tennis and outdoor
2020-03 April 28, 2020 Permitted to open May 1, 2020,
Repeal order; follow current County
Repeal order; follow current
Repeal order; follow current County
basketball courts
subject to restrictions on physical
health guidelines
County health guidelines
health guidelines
contact, face coverings, no
gatherings, social distancing
Skate park
2020-03 April 28, 2020 Permitted to open May 8, 2020,
Repeal order; follow current County
Repeal order; follow current
Repeal order; follow current County
subject to restrictions on physical
health guidelines
County health guidelines
health guidelines
contact, face coverings, no
gatherings, social distancing
Tow services administrative
2020-04 May 12, 2020 Option to defer 50% of the fee until
N/A
N/A
N/A
fee for May 2020
12/1/2020
Rental of parks and outdoor
2020-05 September 30, 2020 Space will be rented for a nominal
Space will be rented for a nominal
Space will be rented for a
Order ends
facilities for businesses and
fee, subject to certain restrictions
fee, subject to certain restrictions
nominal fee, subject to certain
places of worship that cannot
and public health regulations.
and public health regulations.
restrictions and public health
safely operate indoors
Effective until pandemic emergency Effective until pandemic emergency
regulations. Effective until
concludes, CC resolution, or order
concludes, CC resolution, or order of
pandemic emergency concludes,
of Director of Emergency Services
Director of Emergency Services
CC resolution, or order of
Director of Emergency Services