HomeMy WebLinkAboutItem No. 03 - Resolution Confirming City Manager's Executive Orders
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 1, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Resolution Confirming City Manager's Executive Orders
Recommendation
Adopt Resolution No. 2020-52 of the Mayor and City Council of the City of San
Bernardino, California, confirming the City Manager's Executive Orders pursuant to
Municipal Code 2.46.090.
Background
On March 13, 2020, the City Manager, in accordan ce 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.
Discussion
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 rules 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:
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.
2020-2025 Strategic Targets and Goals
The adoption of these orders aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by protecting the life and property as affected by an
emergency.
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Fiscal Impact
None
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt
Resolution No. 2019-52, confirming the City Manager’s Executive Orders pursuant to
Municipal Code 2.46.090.
Attachments
Attachment 1 Proposed Resolution No. 2020-52
Attachment 2 Resolution No. 2020-51
Attachment 3 Executive Order No. 2020-01
Attachment 4 Executive Order No. 2020-02
Ward: All
Synopsis of Previous Council Actions: March 18, 2020 - Council adopted Resolution
2020-51, ratifying Proclamation 2020-01 and declaring the existence of a local
emergency.
Resolution No. 2020-52
RESOLUTION NO. 2020-52
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE CITY MANAGER’S EMERGENCY
EXECUTIVE ORDERS PURSUANT TO SAN
BERNARDINO MUNICIPAL CODE SECTION 2.46.090
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, thus far, the City Manager has issued two executive orders in accordance
with that authority: (1) Executive Order No. 2020-01, which enacted a temporary moratorium on
evictions for non-payment of rent by residential and commercial tenants impacted by COVID-
19; and (2) Executive Order No. 2020-02, which authorized the staying of the City’s compliance
with any City-established deadlines through April 17, 2020; and
WHEREAS, these executive orders 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.
SECTION 2. The City Council of the City of San Bernardino hereby confirms
Executive Order No. 2020-01, attached hereto as Exhibit A and incorporated herein by this
reference.
Resolution No. 2020-52
SECTION 3. The City Council of the City of San Bernardino hereby confirms
Executive Order No. 2020-01, attached hereto as Exhibit B and incorporated herein by this
reference.
SECTION 4. 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 5. 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. 2020-52
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