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HomeMy WebLinkAboutResolution - 3792STATE OF CALIFORNIA ) RESOLUTION NO.3792 COUNTY OF RIVERSIDE } ss. CITY OF SAN JACINTO } k A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO PROCLAIMING A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19), AND RATIFYING THE PROCLAMATION OF LOCAL EMERGENCY BY THE CITY MANAGER WHEREAS, the federal Centers for Disease Control and Prevention ("CDC") has confirmed multiple cases of individuals who have severe respiratory illness caused by a novel coronavirus, called COVID-19, as well as deaths caused by this illness; and WHEREAS, the World Health Organization declared COVID-19 a public health emergency of international concern, and the CDC announced that community spread of COVID-19 is likely to occur in the United States; and WHEREAS, on March 4, 2020 California Governor Newsome 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 WHEREAS, the increase of reported cases and deaths associated with COVID-19 has also prompted the County of Riverside and its Department of Public Health to proclaim a local and public health emergency; and WHEREAS, on March 12, Governor Newsome issued Executive Order N-25-20, ordering all residents to heed the orders and guidance or state and local public health officials; and WHEREAS, the California Department of Public Health and the Los Angeles County Department of Public Health are recommending the cancelation or postponement of all gatherings of more than 250 or more people, all gatherings at venues where there is not enough space for six feet of social distancing, and all gatherings of 10 or more people who are at a higher risk of severe infection; and WHEREAS, Executive Order N-25-20 declares that the cancelation of such gatherings is npt the fault or responsibility of the parties involved and is therefore a force majeure event; and WHEREAS, the imminent and proximate threat of introduction of COVID-19 in the City of San Jacinto threatens the safety and health of City residents; and a local emergency caused by conditions or threatened conditions of COVID-19 in San Jacinto, which constitutes an extreme peril of health and safety of persons within the territorial limits of the City. Section 2. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. The City Council or Emergency Services Director may terminate or modify any particular orders within this declaration as conditions warrant. Section 3. The City Council hereby ratifies the Proclamation of the Director of Emergency Services dated March 15, 2020, and continuing the actions therein for the term of this resolution. Section 4. The City Manager, acting as the Director of Emergency Services, is hereby authorized to furnish information, to promulgate orders and regulations necessary to provide for the protection of life and property pursuant to California Government Code section 8634, to enter into agreements and to take all actions necessary to obtain State emergency assistance to implement preventive measures to protect and preserve the residents of the City within the scope of the local emergency hereby declared. Section 5. The Pico Street Community Center, the Sallee Park Recreation Facility and the Estudillo Mansion and Museum shall be closed to the public and all users. The Community Center may continue to be used only for the purpose of providing a public location for public meetings in accordance with the Ralph M. Brown Act and Executive Order N-25-20. The City Manager, acting as the Emergency Services Director, is hereby authorized to issue orders and regulations closing or reducing person -to -person interactions at other City facilities, including City Hall, as conditions warrant. Section 6. The City Council hereby authorizes the City Manager to refrain from taking any action that would result in the termination of water service to any residential retail customer due to nonpayment. The City Manager shall take any and all action he deems necessary, in his reasonable discretion, to suspend the imposition of late penalties and interest and to or otherwise refrain from enforcing applicable rules and policies in regard to termination of water service due to non-payment. The terms and conditions of this temporary suspension shall be established and implemented as determined in the City Manager's reasonable discretion and in accordance with this Resolution. This temporary suspension shall only apply to residential retail water customers and shall only apply to water service termination due to non-payment. The City Manager will continue to have the authority to proceed with service termination for any other reason including, but not limited to, the theft of water or interference with City water facilities. Section 7. Anytime period for action on a building permit or planning application shall be tolled for a period of 60 days following this declaration of local emergency and such tolling period shall not be counted in determining the time for acting on a permit or application expiration. This period may be extended by action of the City Council or Emergency Services Director, provided that the local emergency is still pending. This tolling period shall not apply to any order to abate a public nuisance or dangerous building or any permit related to work to abate nuisance or dangerous conditions. The City Manager, as Emergency Services Director, is hereby authorized to issue orders and regulations for processing planning applications during the period of emergency. Section 8. The City Council further orders that, pursuant to California Penal Code section 396, it is unlawful for any person or business in the City of San Jacinto to, for a period of 30 days following a state of emergency, to sell or offer to sell certain goods and services for a price of more than 10 percent greater than the price charged immediately prior to the state of emergency. Pursuant to section 396(g), the provisions of section 396 shall be extended for additional 30-days if this local emergency exceeds 30 days. Any act which constitutes a violation of Penal Code section 396 shall constitute a violation of this order, and the Emergency Services Director is hereby authorized to take any action to prevent, enforce, and report violations of this rule in order to protect the health, safety, and welfare of the community from price gouging during this state of emergency and local emergency. Section 9. The City Council further orders that during the period of local emergency, parking fines related to street sweeping shall be suspended. Section 10. The City Council further orders that: a copy of this proclamation be forwarded to the Director of California Governor's Office of Emergency Services r requesting that the Director find it acceptable in accordance with State law; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. Section 11. During the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City of San Jacinto. PASSED, APPROVED and ADOPTED by the City Council of the City of San Jacinto at a regular meeting of said Council held on the March 17, 2020, by the following vote: AYES: Kotyuk, Ledezma, Lopez, Ruiz, Utz NAYS: None ABSENT: None ABSTAIN: None CITY OF SAN JACINTO Andrew Kotyuk, Mayor ATTE T: A.6ge'H AWalton, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP 411 Michael J. Maurer, City Attorney 0 F-- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATION I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3792 was duly passed, approved and adopted at a regular meeting of the City Council of the City of San Jacinto on the 17th day of March 2020, by the following vote: AYES: Kotyuk, Ledezma, Lopez, Ruiz, Utz NAYS: None ABSENT: None ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL the 17th day of March 2020. n a alton, City Clerk City of San Jacinto