HomeMy WebLinkAboutResolution - 3792STATE OF CALIFORNIA ) RESOLUTION NO.3792
COUNTY OF RIVERSIDE } ss.
CITY OF SAN JACINTO }
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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
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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