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HomeMy WebLinkAboutFD 2021-004 - ResolutionRESOLUTION NO. FD 2021-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT 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 community including but not limited to staying home if sick, social distancing from non -family Resolution No. FD2021-004 - Page 1 of 4 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 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, acting in its capacity as the Board of Directors of the Rancho Cucamonga Fire Protection District, does hereby find and resolve as follows: in in 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 Secretary of the Rancho Cucamonga Fire Protection District shall certify to the adoption of this Resolution. Resolution No. FD2021-004 - Page 2 of 4 EXHIBIT A Resolution No. FD2021-004 - Page 4 of 4 PASSED, APPROVED AND ADOPTED this 171h day of March, 2021. ATTEST: I, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 17th day of March 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 181h day of March, 2021, at Rancho Cucamonga, California. ice C. Re41 ynolds, Clerk Resolution No. FD2021-004 - Page 3 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 1 909.477.2700 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. C", ADOPTED this- 11t" day of March, 2021. BY:� John R. Gillison Director of Emergency Services Executive Order 2021-1 — Director of Emergency Services Page 3 APPROVED AS TO FORM: ATTEST: %?J nice Reynolds, City Clerk r5, James Markman, City Attorney Exhibit A - Executive Order 2021-1 Business license penalties Business license renewals - administrative citations for delinquencies :ire District re -inspection fees 'iew -ire District re -inspection fees areviously imposed -ire District high -risk facility inspections Executive Order Date Purple - Widespread Red - Substantial Orange - Moderate 2020-01 March 25, 2020 Not imposed until 120 days after Not imposed until 60 days after the Order ends the applicable renewal date applicable renewal date 2020-01 March 25, 2020 Suspended for duration of Not imposed until 60 days after the Order ends emergency; paid within 120 days of applicable renewal date emergency conclusion 2020-01 2020-01 2020-01 Fire District false alarm fees 2020-01 Weed abatement - Spring 2020-01 2020 program Weed abatement - 2020-01 administrative fees Community Services Dept 2020-01 hardship refunds Animal license renewal 2020-02 Tow services administrative 2020-02 fee for April 2020 Temporary signage in the right- 2020-02 of -way for businesses offering essential services RV occupation for health order 2020-02 compliance March 25, 2020 Suspended for duration of Suspended for duration of Order ends emergency; paid within 120 days of emergency; paid within 60 days of emergency conclusion emergency conclusion March 25, 2020 Waived; will issue operating Waived; will issue operating permits Order ends permits where corrections were where corrections were made, and made, and only the fees are only the fees are outstanding outstanding March 25, 2020 Formal, scheduled inspections Order ends Order ends discontinued; welfare/safety checks conducted instead. Staff investigates and follows up on reported violations of state/local fire and life safety issues March 25, 2020 Suspended for duration of Order ends Order ends emergency; paid within 120 days of emergency conclusion March 25, 2020 Hardship program established to Program extended for Spring 2021 N/A defer property owner payments for weed abatement March 25, 2020 Waived N/A N/A March 25, 2020 Refunds issued net of City's costs Order ends Order ends for processing incurred from third party vendors April 8, 2020 Penalties not imposed until 120 Not imposed until 60 days after the Order ends days after the applicable renewal applicable renewal date date April 8, 2020 Option to defer 50% of the fee until N/A N/A 12/1/2020 April 8, 2020 Temp signs allowed in ROW and Temp signs allowed in ROW and Order ends landscaped areas, with restrictions landscaped areas, with restrictions on size and number on size and number April 8, 2020 RV's may be occupied for the RV's may be occupied for the Order ends 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 Yellow - Minimal Order ends Order ends Order ends Order ends Order ends Order ends N/A N/A Order ends Order ends N/A Order ends Order ends 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