HomeMy WebLinkAbout2020-038 - ResolutionRESOLUTION NO. 2020-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE
DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER
2020-4 TO DEFER A PORTION OF TOW SERVICE AGREEMENT
ADMINISTRATIVE FEES FOR THE MONTH OF MAY 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
Resolution No. 2020-038 - 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 and
businesses.
9. Loss of income as a result of COVID-19 may inhibit City residents and
businesses from fulfilling their financial obligations.
10. 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.
11. On May 12, 2020, the City Manager, acting in his capacity as the Director
of Emergency Services, adopted Executive Order 2020-4 to defer a portion of tow
services administrative fees charged to tow operators 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.
12. All legal prerequisites to the adoption of this Resolution have occurred.
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 defer a portion of tow administrative fees due in order to
counter the significant economic impacts of the public health orders currently affecting
businesses within the City.
2. Ratification of Executive Order: Executive Order 2020-4 issued by the
Director of Emergency Services on May 12, 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. 2020-038 - Page 2 of 4
PASSED, APPROVED and ADOPTED this 20th day of May, 2020.
0
L. Dennis Michael, Mayor
ATTEST:
+'�a'nice C. Reynolds, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
a
I, 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 20th day of
May 2020.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 21st day of May, 2020, at Rancho Cucamonga, California.
nice C. Reynolds, Clerk
Resolution No. 2020-038 - Page 3 of 4
EXHIBIT A
EXECUTIVE ORDER 2020-4
Resolution No. 2020-038 - Page 4 of 4
Mayor L. Dennis Michael I Mayor Pro Tern Lynne B. Kennedy
Council Members Ryon A. Hutchison, Kristine D. Scott, Som Spognolo
City Manager John R. Gillison
10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1 909.477.2700 1 wwvv,CityofRC,us
11 LIM" K-01:Koj M:q Al 1 :11 �Ilei:l LINWIA *.ILTI I
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-1 9, ("COVID-1 9"); 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, loss of income as a result of COVID-1 9 may inhibit City residents and
businesses from fulfilling their financial obligations, including payment of 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 COVI D-1 9, 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, 1, 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.
11=��e 0�1_ ,1 M,
1. For the month of May 2020, tow service operators may defer up to 50% of
the tow services administrative fee due to the City until December 1, 2020.
2. 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 1 2th day of May, 2 27
BY:
�ctfn—k Gillison
Director of Emergency Services
APPROVED AS TO FORM: ATTEST:
PY
6�Z ,4JniceAReynolds, City Clerk Attorney
Jame�sM Markman, City A�tto