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HomeMy WebLinkAbout2020-028 - ResolutionRESOLUTION NO. 2020-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER 2020-3 TO PROVIDE FOR USE OF OUTDOOR TENNIS COURTS, BASKETBALL COURTS, AND SKATE PARK, SUBJECT TO CERTAIN CONDITIONS, 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 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. 5. 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. 6. On April 23, 2020, the County of San Bernardino issued an updated Order to permit that individuals and those living in the same household or living unit may engage in certain outdoor recreational activities at parks and other facilities. 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. Resolution No. 2020-028 - Page 1 of 4 8. 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. 9. On April 28, 2020, the City Manager, acting in his capacity as the Director of Emergency Services, adopted Executive Order 2020-3 to open the City's outdoor tennis and basketball courts beginning on May 1, and the City's skate park beginning on May 8, subject to certain restrictions. The Director determined that this action was in the interest of public health and safety. 10. 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: 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 2020-3 issued by the Director of Emergency Services on April 28, 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. 2020-028 - Page 2 of 4 PASSED, APPROVED and ADOPTED this 6th day of May, 2020. ATTEST: 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 6th day of May 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 7th day of May, 2020, at Rancho Cucamonga, California. �j, rp A , pr Snice C. Reynolds, Clerk Resolution No. 2020-028 - Page 3 of 4 EXHIBIT A EXECUTIVE ORDER 2020-1 Resolution No. 2020-028 - Page 4 of 4 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 1 909.477.2700 1 www.CityofRC.us EXECUTIVE ORDER 2020-3 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 emergencyand announced thatthefederal governmentwould 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 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, on April 23, 2020, the Countyof San Bernardino issued an updated Order to permit that individuals and those living in the same household orliving unit may engage in certain outdoor recreational activities at parks and other facilities; and WHEREAS, 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 precautionsto protect publichealth and prevent transmission of this communicable virus; and WHEREAS, pursuantto Chapter2.36 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 Executive Order 2020-3 — Director of Emergency Services Page 2 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 necessaryto exercise my authority pursuantto 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 orderto become effective immediately, subject to ratification as soon as practicable by the City Council. IT IS HEREBY ORDERED THAT: 1. The City's outdoor tenn is and outdoor basketball courts in the City's public parks are permitted to be open starting May 1, subject to the following restrictions that are pursuantto the County Health Official's April 23 order: a. Participants at any given time on a court must not engage in physical contact with one another and practice social distancing. b. A face covering is not required for solitary outdoor exercise/activity on a court but is required for any activity involving more than one person. c. All park users must comply with all other applicable social distancing and face covering requirements, gatherings may not occur, and common services such as picnictables and rental equipment may not be utilized. d. Participants are encouraged to use the park restrooms to wash their hands and/or use hand sanitizerbefore and after theiractivity. e. If use of these facilities results in a failure to comply with social distancing, City staff will take steps, where feasible, to reduce usage to achieve social distancing. 2. The City's skate park is permitted to be open starting May 8, subject to the following restrictions that are pursuantto the CountyHealth Official's April 23 order: a. Participants at any given time on a court must not engage in physical contact with one anotherand practice social distancing. b. A face covering is not required for solitary outdoor exercise/activity on a court but is required for any activity involving more than one person. c. All park users must comply with all other applicable social distancing and face covering requirements, gatherings may not occur, and common services such as picnictables and rental equipment may not be utilized. d. Participants are encouraged to use the park restrooms to wash their hands and/or use hand sanitizerbefore and after theiractivity. e. If use of these facilities results in a failure to comply with social distancing, City staff will take steps, where feasible, to reduce usage to achieve social distancing. Executive Order 2020-3 - Director of Emergency Services Page 3 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 Councilor by a further Order by the Director of Emergency Services. ADOPTE=R -this 28th day of April, 2 %W J0hrriR. Gillison' Director of Emergency Services APPROVED AS TO FORM: ATTEST: James Markman, City Attorney