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HomeMy WebLinkAboutOrd. No. 2020-1425 Urgency Ordinance Amending LEMC Chapter 2.20 Disaster ReliefORDINANCE NO. 2020-1425 AN URGENCY ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 2.20 OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC) REGARDING DISASTER RELIEF Whereas, on March 17, 2020, the City Manager in his capacity as Disaster Director proclaimed a Local Emergency and on March 24, 2020, the City Council adopted Resolution No. 2020-18 ratifying the findings of the City Manager/Disaster Director’s Proclamation and proclaiming the existence of a local emergency relating to COVID-19; and Whereas, the COVID-19 emergency continues to threaten public health throughout the City of Lake Elsinore, Riverside County, the State of California, the United States and worldwide; and Whereas, the City Council of the City of Lake Elsinore desires to revise and clarify certain provisions of its Municipal Code regarding disaster relief to conform to the California Government Code and to clarify the County Health Officer’s authority to enforce certain orders and quarantine regulations and other matters of public health. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY ORDAINS AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated into the body of this Ordinance as substantive findings of the City Council. Section 2. LEMC Chapter 2.20 “Disaster Relief,” Section 2.20.020 “Definitions” is amended to add the following in alphabetical order: “Health Officer” means the Riverside County Health Officer acting as the City Health Officer. Section 3. LEMC Chapter 2.20 “Disaster Relief,” Section 2.20.080 “Disaster Director” subsection B is amended and restated in in its entirety to conform to state law as follows “B. To request the City Council to proclaim the existence of a local emergency if the Council is in session, or to issue such proclamation if the Council is not in session and order activation of the City’s Emergency Operating Center (EOC). Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The City Council shall review the necessity for continuing the local emergency no less frequently than every sixty days until the emergency is terminated.” Section 4. LEMC Chapter 2.20 “Disaster Relief” is amended to add Section 2.20.190 as follows: “2.20.190 County enforcement of state regulations and statutes. In addition to powers and duties of the Disaster Director, the Disaster Council and the Disaster Corps set forth in this Chapter 2.20, the Health Officer shall enforce and observe all of the following: A. Orders, quarantine regulations, and rules prescribed by the State Department of Public Health and other rules and regulations issued under the provisions of the California Health and Safety Code. B. Statutes relating to the public health. Section 5. The City Council finds and determines as follows: (a) The adoption of this Ordinance is exempt from the application of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., pursuant to Sections 15061(b)(3) the State CEQA Guidelines, 14 California Code of Regulations Section 15000, et seq.; and (b) There exists a current and immediate threat to the public health, safety and welfare, which require this Urgency Ordinance to clarify the City Council’s periodic review of the continuance of a local emergency and the enforcement authority of the Riverside County Health Officer in connection with the COVID-19 threat and other matters of public health; and (c) Pursuant to Government Code Sections 36934 and 36937, the City Council may adopt an urgency ordinance, subject to findings of urgency, by a four-fifths vote. Section 6. Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be se verable. Section 7. Effective Date. This Ordinance shall become effective at immediately upon adoption by a four-fifth vote of the City Council. Section 8. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted or published as prescribed by law.