HomeMy WebLinkAbout2021-06 CC Resolution RESOLUTION NO. 2021-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA REAFFIRMING AND PROCLAIMING
THE EXISTENCE OF A LOCAL EMERGENCY RELATING
TO THE COVID-19 VIRUS PANDEMIC AND ISSUING
CERTAIN ORDERS FOR THE CONDUCT OF CITY
AFFAIRS DURING THE LOCAL EMERGENCY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Recitals. The City Council finds, determines and declares that:
(a) Government Code § 8630 and Temecula Municipal Code Chapter 2.56
provide that the City Council of the City of Temecula may proclaim the existence of a local
emergency as defined by Government Code § 8558, subdivision(c).
(b) In December 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19), was first identified in Wuhan City, Hubei
Province, China, and has spread outside of China, impacting countries throughout the world,
including the United States.
(c) Since the federal Centers for Disease Control and Prevention ("CDC")
confirmed the first possible case of community spread of COVID-19 in the United States on
February 26,2020,there has been a significant and continued escalation of United States domestic
cases and deaths from COVID-19.
(d) On March 4, 2020, Gavin Newsom, Governor of the State of California,
proclaimed a state of emergency to exist in California due to the spread of COVID-19.
(e) On March 11, 2020 the World Health Organization declared the COVID-
19 outbreak to be a pandemic.
(f) On March 13, 2020, President Trump determined that the ongoing
Coronavirus Disease 2019 (COVID-19) pandemic is of sufficient severity and magnitude to
warrant an emergency determination under section 501(b)of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121-5207.
(g) Governor Newsom has issued several Executive Orders making certain
findings and issuing emergency orders to deal with COVID-19 pandemic. These Executive Orders
are listed and updated continuously at https://www.gov.ca.gov/category/executive-orders/. More
Executive Orders are expected.
(h) The California Department of Public Health reports a significant number of
COVID-19 cases and deaths in the state. The number of cases and deaths are reported and updated
at https://www.cdph.ca.gov/programs/cid/dcdc/pages/immunization/ncov2019.aspx.
(i) The Riverside County Public Health Officer reports a significant number of
COVID-19 cases and deaths in the County. The number of cases and deaths are reported and
updated at https://www.rivcoph.org/coronavirus.
(j) The Riverside County Public Health Officer has issued numerous Health
Orders making certain findings and issuing emergency orders to deal with COVID-19 pandemic.
The Riverside County Health Officer's Orders are listed and updated continuously at
https://www.rivcoph.org/coronavirus. More Health Orders are expected.
(k) The Governor's Executive Orders and Riverside County Health Officer's
Health Orders to close non-essential businesses and prohibit gatherings has created economic
hardship and dislocation for persons and businesses and will reduce tax revenues to the City
necessary for providing essential City services.
(1) On March 17, 2020, the City Manager of the City of Temecula issued a
Declaration of Local Emergency related to the COVID-19 pandemic pursuant to Temecula
Municipal Code Section 2.56.050.
(m) On March 24, 2020, the City Council adopted Resolution No. 2020-17
entitled "A Resolution of the City Council of the City of Temecula Proclaiming the Existence of
a Local Emergency Relating to the COVID-19 Virus Pandemic and Confirming the City
Manager's Declaration of Local Emergency on March 17, 2020." On April 28, 2020, the City
Council adopted Resolution No. 2020-20 entitled, "A Resolution of the City Council of the City
of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating to the
COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs During the
Local Emergency." On June 9, 2020, the City Council adopted Resolution No. 2020-35 entitled,
"A Resolution of the City Council of the City of Temecula Reaffirming and Proclaiming the
Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Issuing Certain
Orders for the Conduct of City Affairs During the Local Emergency." On August 11, 2020, the
City Council adopted Resolution No. 2020-55 entitled, "A Resolution of the City Council of the
City of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating to
the COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs During
the Local Emergency." On October 13, 2020, the City Council adopted Resolution No. 2020-65
entitled, "A Resolution of the City Council of the City of Temecula Reaffirming and Proclaiming
the Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Issuing
Certain Orders for the Conduct of City Affairs During the Local Emergency." On December 8,
2020,the City Council adopted Resolution No.2020-83 entitled,"A Resolution of the City Council
of the City of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating
to the COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs
During the Local Emergency."
(n) Due to the expanding list of countries with widespread transmission of
COVID-19, increasing travel alerts and warnings for countries experiencing sustained or
uncontrolled community transmission issued by the CDC,the escalation of United States domestic
cases of and deaths from COVID-19, the identification of COVID-19 cases in California and
Riverside County, COVID-19, and the severity and magnitude of the COVID-19 pandemic, has
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created conditions that are or likely to be beyond the control of local resources and require the
combined forces of other political subdivisions to combat.
(o) The mobilization of local resources, ability to coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and allow for future
reimbursement by the state and federal governments will be critical to successfully responding to
COVID-19.
(p) The City Council finds that these conditions warrant and necessitate that the
City reaffirm and proclaim the existence of a local emergency.
Section 2. Proclamation of Local Emer2encv. Based on the findings set forth above,
the City Council of the City of Temecula hereby reaffirms the findings set forth in Resolution Nos.
2020-17, 2020-20, 2020-35, 2020-55, 2020-65, 2020-83 and further proclaims that a local
emergency now exists throughout the City of Temecula. During the existence of said local
emergency the following shall be in effect:
(a) The local emergency powers, functions, and duties of the City Manager and
the emergency organization of this City shall be those prescribed by state law, by ordinances, and
resolutions of this City, and by the approved emergency plans of the City of Temecula.
(b) The local emergency shall be deemed to continue to exist until its
termination is proclaimed by the City Council of the City of Temecula, State of California.
(c) The City Council shall endeavor to review this local emergency
proclamation at least every sixty (60) days pursuant to Government Code Section 8630(c) and
shall terminate the emergency proclamation at the earliest possible date the conditions warrant.
(d) The City Manager is authorized to transfer funds from the Unreserved Fund
Balance and transfers between departmental budget accounts when necessary under this
declaration of an emergency.
(e) Pursuant to the provisions of Temecula Municipal Code Section 2.56.050
the City Manager is authorized to enter into agreements on behalf of the City necessary under
this declaration of an emergency.
(f) The City Council determines that for the reasons described in this
Resolution, compliance with the bidding requirements of Chapters 3.28 and 3.30 of Temecula
Municipal Code is not in the best interest of the City and all such bidding requirements are hereby
waived.
(g) The City Manager may authorize expenditures of funds without regard to
the amounts thereof, so long as there exists an unencumbered appropriation in the fund account
against which the cost of the agreement is to be charged.
(h) The City Manager is hereby authorized to enter into all agreements on
behalf of the City, Temecula Community Services District, and the Successor Agency to the
Temecula Redevelopment Agency without regard to the amounts thereof, so long as there exists
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an unencumbered appropriation in the fund account against which the cost of the agreement is to
be charged, including without limitation, consultant agreements, agreements for the purchase of
goods and services, real property leases and license agreements, public works construction and
maintenance agreements,grant agreements,and amendments to real property purchase agreements
and exclusive negotiating agreements.
(i) The City Manager is hereby authorized to approve documents
implementing the provisions of the California Environmental Quality Act (CEQA) other than
Environmental Impact Reports.
(j) The City Manager is hereby authorized to approve notices of completion,
accept surety bonds, and release surety bonds, in connection with public works projects.
(k) The City Manager, in consultation with the City Attorney, is hereby
authorized to settle personal injury and property damage lawsuits and enter into settlement
agreements on behalf of the City, Temecula Community Services District, and the Successor
Agency to the Temecula Redevelopment Agency without regard to the amounts thereof, so long
as there exists an unencumbered appropriation in the fund account against which the cost of the
agreement is to be charged.
(1) The City Manager is authorized to negotiate and implement labor related
policies and staffing changes deemed necessary in order to respond to the Local Emergency.
(m) The City Manager is authorized to sign checks on behalf of the City,
including without limitation, payroll hand checks, and may delegate this authority to the Director
of Finance.
(n) The City Manager is authorized to modify on-street and off-street parking
requirements for businesses, including without limitation modifications for food service or other
businesses to accommodate pick-up or delivery services.
Section 3. Ratification of City Manager's Actions. The City Council hereby ratifies
the actions of the City Manager taken pursuant to Resolution Nos. 2020-17, 2020-20. 2020-35,
2020-55, 2020-65, and 2020-83.
Section 4. Further Actions. The City Manager shall:
(a) Forward a copy of this Resolution to the Director of California Governor's
Office of Emergency Services;
(b) Reaffirm the City's request the Governor of California, pursuant to the
Emergency Services Act issue a proclamation declaring an emergency in Riverside County and
waive regulations that may hinder response and recovery efforts;
(c) Reaffirm the City's request that recovery assistance be made available
under the California Disaster Assistance Act; and
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(d) Reaffirm the City's request that the State expedite access to State and
Federal resources and any other appropriate federal disaster relief programs.
Section 5. Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 9th day of February, 2021.
it-6J
ryann Edwards, Mayor
ATTE "
Randi Joh , ity Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2021-06 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 9th day of February, 2021, by the following vote:
AYES: 4 COUNCIL MEMBERS: Edwards, Rahn, Schwank, Stewart
NOES: 1 COUNCIL MEMBERS: Alexander
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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