Loading...
968 - Ordinances URGENCY ORDINANCE NO. 968 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, EXTENDING EMERGENCY REGULATIONS RELATED TO COMMERCIAL TENANT EVICTIONS AND DECLARING THE URGENCY THEREOF I. Recitals. A. International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"); and B. 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; and C. 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 D. On March 17, 2020, the Health Officer of the County of San Bernardino adopted a public health order that places a prohibition on certain types of public gatherings until 11:59 p.m. on April 6, 2020; and E. On March 18, 2020, the City Council adopted Resolution No. 2020-14 declaring the existence of a local emergency pursuant to Government Code Section 8630 to set forth applicable powers, functions and duties of the City's Disaster Council and Emergency Management Division, request the availability of mutual aid, and to ensure an effective response to COVID-19; and F. 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. G. Based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the San Bernardino County Health Officer have all issued recommendations and/or orders including but not limited to social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus; and H. As a result of the public health emergency and the precautions required by health authorities, commercial tenants in Rancho Cucamonga have experienced or expect soon to experience sudden and unexpected revenue loss; and Urgency Ordinance No. 968 - Page 1 of 4 I. These public health orders impact daily life in the community as well as the economic health of City businesses; and J. Loss of revenue as a result of COVID-19 may inhibit City businesses from fulfilling their financial obligations, including the payment of rent; and K. On March 16, 2020, the Governor issued an executive order, pursuant to his emergency powers under Government Code Sections 8567 and 8571, that suspended any provision of state law that would preempt or otherwise restrict the City's exercise of its police power to impose substantive limitations on residential or commercial evictions based on nonpayment of rent arising out of a substantial decrease in household or business income caused by the COVID-19 pandemic; and L. On March 18, 2020, the City Council adopted Urgency Ordinance No. 967 to establish a temporary moratorium on evictions for non-payment of rent by residential or commercial tenants impacted by the COVID-19. The eviction moratorium applied to residential tenants until the earlier of the conclusion of the City's local emergency declared in response to COVID-19 or May 31, 2020. With respect to commercial tenants, the eviction moratorium applied until the earlier of the conclusion of the City's local emergency or April 30, 2020; and M. The City Council finds that the economic conditions affecting commercial tenants due to the COVID-19 have not improved. Further economic impacts are anticipated, leaving commercial tenants vulnerable to eviction. Commercial evictions can lead to storefront vacancies and cause blight; and N. In the interest of public peace, health, and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary for the City Council to continue the commercial tenant eviction moratorium for the protection of the public peace health, and safety. II. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Subsection A of Section 1 of Urgency Ordinance No. 967 is amended to read as follows: "A. Until the period of local emergency declared in response to COVID-19 is concluded, or until May 31, 2020, whichever date is sooner, no landlord shall endeavor to evict a residential or commercial tenant under the following circumstances:" SECTION 2. Section 3 of Urgency Ordinance No. 967 is amended to read as follows: "Term. This Urgency Ordinance shall remain in effect for the period of local emergency declared in response to COVID-19 within the City, or until May 31, 2020, whichever date is sooner." SECTION 3. Effective Date. This Ordinance is adopted as an urgency ordinance for the immediate preservation of the public peace, health and safety within the meaning of Urgency Ordinance No. 968 - Page 2 of 4 Government Code Section 36937(b), and therefore shall be passed immediately upon its introduction and shall become effective at midnight tonight, April 15, 2020, upon its adoption by a minimum 4/5 vote of the City Council. SECTION 4. Uncodified. This Urgency Ordinance shall not be codified. SECTION 5. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Urgency Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Certification and Publication. The City Clerk shall certify to the adoption of this Urgency Ordinance and shall cause it to be published in the manner required by law. Urgency Ordinance No. 968 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 15th day of April, 2020. k L. Dennis Michael, Mayor ATTEST: 4 L � nice C. FR 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 Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of April, 2020, by the following vote: AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 16th day of April 2020, at Rancho Cucamonga, California. I nice C. Reynold ity Clerk Urgency Ordinance No. 968 - Page 4 of 4