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Home My WebLink AboutItem No. 11 - Resolution Confirming City Manager's Executive Order No. 2020-03 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: April 15, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager Subject: Resolution Confirming City Manager's Executive Order No. 2020-03 Recommendation Adopt Resolution No. 2020-63 of the Mayor and City Council of the City of San Bernardino, California, confirming the City Manager's Executive Order No. 2020 -03 pursuant to Municipal Code 2.46.090 extending the stay on the City’s compl iance with any deadlines established by the City until May 4, 2020. Background On March 13, 2020, the City Manager, in accordance with Section 2.46.090.A.1 of the San Bernardino Municipal Code, issued Proclamation No. 2020-01 proclaiming the existence of a local emergency relating to the worldwide spread of respiratory illness due to the novel coronavirus known as COVID-19. On March 18, 2020, the Mayor and City Council adopted Resolution No. 2020-51, ratifying the proclamation and declaring the existence of a local emergency. During the pendency of an emergency, the City Manager has the power to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, provided, that such rul es and regulations are confirmed at the earliest practicable time by the Mayor and City Council. To date, the City Manager has issued the following Executive Orders confirmed by Resolution No. 2020-52 on April 1, 2020: Executive Order 2020-01 - Enacting a temporary moratorium on evictions related to nonpayment of rent as a result of COVID-19 in accordance with Executive Order N-28-20 issued by the Governor on March 16, 2020; and Executive Order 2020-02 - Establishing a temporary stay on any City-established deadlines (e.g., in the San Bernardino Municipal Code, standalone Resolutions, Departmental Direction Letters, Personnel Rules, and any other rules or regulations established by the City) through April 17, 2020.  Executive Order 2020-03 - Extending Executive Order 2020-02 through May 4, 2020. 6676 Page 2 On April 1, 2020, the Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2020-52, confirming the City Manager's Executive Order 2020- 01 and Executive Order 2020-02. Discussion Due to the federal extension of social distancing guidelines through the end of April 2020, the City Manager issued Executive Order 2020-03, extending the stay on the City’s compliance with any deadlines established by the City until May 4, 2020. The adoption of this Resolution is necessary to confirm that action. 2020-2025 Strategic Targets and Goals Ratification of the Executive Order to extend the stay on the City’s compliance with any deadlines established by the City until May 4, 2020 , aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by protecting the life and property as affected by an emergency. Fiscal Impact None Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-63 confirming the City Manager's Executive Order No. 2020-03 pursuant to Municipal Code 2.46.090 extending the stay on the City’s compliance with any deadlines established by the City until May 4, 2020. Attachments Attachment 1 Resolution 2020-63; Exhibit “A” Emergency Executive Order 2020- 03 Ward: All Synopsis of Previous Council Actions: March 18, 2020 Mayor and City Council adopted Resolution 2020-51, ratifying Proclamation 2020-01 and declaring the existence of a local emergency. April 1, 2020 Mayor and City Council adopted Resolution 2020-52, confirming City Manager’s Executive Orders pursuant to Municipal Code 2.46.090. Resolution No. 2020-63 RESOLUTION NO. 2020-63 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE CITY MANAGER’S EMERGENCY EXECUTIVE ORDER PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION 2.46.090 EXTENDING THE STAY ON THE CITY’S COMPLIANCE WITH ANY DEADLINES ESTABLISHED BY THE CITY UNTIL MAY 4, 2020 WHEREAS, on March 13, 2020, the City Manager, in accordance with Section 2.46.090.A.1 of the San Bernardino Municipal Code, issued Proclamation No. 2020-01 proclaiming the existence of a local emergency relating to the worldwide spread of respiratory illness due to the novel coronavirus known as COVID-19; and WHEREAS, on March 18, 2020, the City Council adopted Resolution No. 2020-51, ratifying Proclamation No. 2020-01 and declaring a local emergency; and WHEREAS, conditions of extreme peril to the safety of persons and property continue to exist within the City of San Bernardino caused by the worldwide spread of respiratory illness due to the novel coronavirus known as COVID-19; and WHEREAS, both the State of California and the County of San Bernardino have declared emergencies as a result of the spread of COVID-19; and WHEREAS, during the pendency of the emergency, the City Manager has the power to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; and WHEREAS, the City Manager issued Executive Order No. 2020-02 on March 20,2020 staying the City’s compliance with any City-established deadlines until April 17, 2020; and WHEREAS, on April 1, 2020, the Mayor and City Council adopted Resolution No. 2020-52 confirming Executive Order No. 2020-02; and WHEREAS, due to the federal extension of social distancing guidelines through the end of April 2020, it is now necessary to extend the stay under Executive Order No. 2020-02 until at least May 4, 2020; and WHEREAS, executive orders issued by the City Manager must be confirmed by the City Council at the earliest practicable time in order to remain valid. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. Resolution No. 2020-63 SECTION 2. The City Council of the City of San Bernardino hereby confirms Executive Order No. 2020-03, attached hereto as Exhibit A and incorporated herein by this reference. SECTION 3. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 4. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Resolution No. 2020-63 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino t his ___ day of ____________ 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk