HomeMy WebLinkAboutItem No. 12 Continued Existence of Local Emergency and Adopt Ord Amend Chp 2.20 LEMC Disaster ReliefCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-546
Agenda Date: 4/14/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 12)
Finding Continued Existence of a Local Emergency and adoption of Urgency Ordinance
Amending Chapter 2.20 of the Lake Elsinore Municipal Code Regarding Disaster Relief
1.Find the need to continue the local emergency consistent with Resolution No. 2020-18 adopted by
the City Council on March 24, 2020 ratifying the Proclamation of a Local Emergency and
proclaiming the existence of a local emergency (COVID-19), and
2.Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AMENDING CHAPTER 2.20 OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC)
REGARDING DISASTER RELIEF.
Page 1 City of Lake Elsinore Printed on 7/1/2020
ORDINANCE NO. ______
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- __
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 severable.
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 Deputy City Clerk shall certify to the passage of this Ordinance
and shall cause this Ordinance to be posted or published as prescribed by law.
Passed and Adopted on this 14th day of April, 2020.
_______________________________
Brian Tisdale, Mayor
ATTEST:
____________________________
Candice Alvarez, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, City Clerk of the City of Lake Elsinore, California, hereby certif y that
the foregoing Urgency Ordinance No. ______ was passed at a regular meeting of the City
Council of the City of Lake Elsinore held on the 14th day of April, 2020 by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
Candice Alvarez, City Clerk
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Date: April 14, 2020
Subject: Finding Continued Existence of a Local Emergency and adoption of Urgency
Ordinance Amending Chapter 2.20 of the Lake Elsinore Municipal Code
Regarding Disaster Relief
Recommendation
1) Find the need to continue the local emergency consistent with Resolution No. 2020-18
adopted by the City Council on March 24, 2020 ratifying the Proclamation of a Local
Emergency and proclaiming the existence of a local emergency (COVID-19), and
2) Adopts AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AMENDING CHAPTER 2.20 OF THE LAKE ELSINORE MUNICIPAL CODE
(LEMC) REGARDING DISASTER RELIEF.
Background
The Governor of California proclaimed a State of Emergency on March 4 due to the
introduction of COVID-19 in the State of California. On March 8, 2020, the Riverside County
Public Health Officer declared a local health emergency based on an imminent and proxima te
threat to public health from the introduction of COVID -19 in Riverside County, which
declaration was ratified and confirmed by the Riverside County Board of Supervisors on
March 10, 2020.
On March 17, 2020, the City Manager in his capacity as Disaster Director proclaimed the
existence of a local emergency throughout the City of Lake Elsinore finding that conditions of
extreme peril to the safety of persons and property have arisen within the City of Lake
Elsinore related to the COVID-19 outbreak and that the efforts required to prepare for,
respond to, mitigate and recover from the increasing spread of COVID -19 impose
extraordinary demands which exceed the resources of the City of Lake Elsinore and are
beyond the control of the services, personnel, equi pment and facilities of the City.
On March 24, 2020, the City Council adopted Resolution No. 2020 - __ Ratifying The
Proclamation Of Local Emergency And Proclaiming The Existence Of A Local Emergency
(Covid-19).
Discussion
Following the adoption by the City Council of the Proclamation of Local Emergency, State law
and the Lake Elsinore Municipal Code require the City Council periodically review the necessity
Local Emergency and Disaster Relief
April 14, 2020
Page 2
for continuing the local emergency until the emergency is terminated. COVID-19 remains a
serious threat to public health and the local emergency is continuing throughout the City of Lake
Elsinore, County of Riverside, State of California, the United States and worldwide. All levels of
government are working diligently to address these risks, including extraordinary efforts by the
County of Riverside to coordinate with cities within the County to disseminate information,
provide guidance and other important information, and to issue and enforce public health
orders.
In order to clarify two issues in the overall response efforts to COVID-19, the City Attorney has
proposed an Ordinance amending Chapter 2.20 of the Lake Elsinore Municipal Code. The first
proposed revision will change the City Council’s periodic review of the continuing emergency
from every 14 days to every 60 days consistent with the California Government Code. The
second revision will clarify the enforcement authority of the Riverside County Public Health
Officer relating to 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.
Exhibits
A – Urgency Ordinance