20-869RESOLUTION NO.20.869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALTFORNIA,
PROCLAIMING EXISTENCE AND THREATENED EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Chapter 1.10 of the City of Menifee's (the City) Municipal Code empowers the City
Council to proclaim the existence or threatened existence of disaster or of extreme peril to the safety of
persons and property within this city caused by such conditions as an epidemic; and
WHEREAS, pursuant to Menifee Municipal Code Section 1 .10.050(AX1 ), while in session the City
Council has been asked by the Director of Emergency Services of the City to proclaim that a local
emergency exists; and
WHEREAS, the City Council finds that there exists and is threatened to exist conditions of disaster
and extreme peril to the safety of persons and property within the City caused by novel coronavirus
(COVID-19) epidemic/pandemic. COVID-19 causes infectious diseases and was first detected in Wuhan
City, Hubei Province, China in December 2019.
WHEREAS, as of March 18, 2020, COVID-19 has spread globally to over 155 countries, infecting
more than 212,000 persons and killing more than 8,700 individuals worldwide. Due to the expanding list
of countries with widespread transmission of COVID-19, and increasing travel alerts and warnings for
countries with sustained or uncontrolled community transmission issued by the Centers of Disease
Control and Prevention (CDC), COVID-19 has created conditions that are likely to be beyond the control
of local resources and require the combined forces of other political subdivisions to combat; and
WHEREAS, on January 30,2020 the World Health Organization (WHO) declared the outbreak a
"public health emergency of international concern";
WHEREAS, on January 31, 2020 United States Health and Human Services Secretary Alex M.
Azar ll declared a public health emergency for the United States to aid the nation's healthcare community
in responding to COVID-19;
WHEREAS, on February 26,2020 the CDC confirmed the first case of local person-to-person
community transmission of COVID-19 in the United States;
WHEREAS, on March 8,2020 the Health Officer of Riverside County determined that there is an
imminent threat to the public health from the introduction of COVID-19 and declared a local health
emergency;
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency in California due to the introduction and spread of COVID-19;
WHEREAS, on March 11, 2020 the WHO elevated the public health emergency caused by the
spread of COVID-19 to the status of a pandemic; and
WHEREAS, as of March 18,2020, there were 16 known and confirmed cases of COVID-19 within
Riverside County, and there were two known cases of COVID-19 in Western Riverside County; 12 of the
16 cases were locally acquired; there were three known deaths.
1.
Proclaiming Existence of Local Emergency
WHEREAS, on March 15, 2020, the Governor of the State of California released statewide
guidance, urging the highest risk of population (individuals who are 65 years or older, or have
compromised immune system) to self-isolate at home;
WHEREAS, on March 16, 2020, the President of the United States issued "The President's
Coronavirus Guidelines for America: 15 Days to Slow the Spread," which recommended, and among
other things:
@: "lf you feel sick, stay home. Do not go to
work. Contact your medical provider."
Children: "lf your children are sick, keep them at home. Do not send them to
school. Contact your medical provider."
Tested Positive: "lf someone in your household has tested positive for the
coronavirus, keep the entire household at home. Do not go to work. Do not
go to school. Contact your medical provider".
o Older Persons: "lf you are an older person, stay home and away from other
people."
Vulnerable: "lf you are a person with a serious underlying health condition
that can put you at increased risk (for example, a condition that impairs your
lung or heart function or weakens your immune system), stay home and away
from other people."
o Young and Healthv: "Even if you are young, or otherwise healthy, you are at
risk and your activities can increase the risk for others. lt is critical that you do
your part to stop the spread of the coronavirus: (a) work or engage in schooling
from home whenever possible; ... (c) avoid social gatherings in groups of more
than 10 people; (d) avoid eating or drinking in bars, restaurants, and food
courts - use drive-thru, pickup, or delivery options; (e) avoid discretionary
travel, shopping trips, and social visits; (0 do not visit nursing homes or
retirement or long-term care facilities unless to provide critical assistance."
WHEREAS, on March 13,2020, school districts serving the City of Menifee, including Menifee
Union School District, announced the closure of schools due to COVID-19, effective March 16, 2020;
WHEREAS, on March 16,2020, the Health Officer of the County of Riverside issued the "Order
of the Health Officer of the County of Riverside Cancelling All Gatherings With Expected Presence of
Above 10 lndividuals" which is enforceable by fine, imprisonment or both, and which orders, among other
things, as follows:
o Gatherinss of 10 or More Prohibited: Allgatherings within Riverside County
"with an expected presence of at least 10 individuals taking place between
March 16,2020 and April 30,2020 inclusive are pro!!E!!gg], regardless of
venue. lf a venue is subdivided into multiple spaces separated by walls or
enough airspace, the limit per subdivision of space is 10."
o
o
o
o
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Proclaiming Existence of Local Emergency
o Gatherinos of Less Than 10 lf a minimum social distance of 6 feet per
person cannot be maintained, gatherings of less than 10 are also prohibited.
Exceptions: As relevant to the City, the County Health Officer's order does
not apply to "edlical citv operations", so long as they observe all applicable
state and federal guidelines for infection control; it does, however, apply to all
non-critical city operations.
o Rationale: The Order explains that "As the presence of individuals [exposed
to COVID-191 increases, the difficulty and magnitude of tracing individuals who
may have been exposed to a case rises exponentially, increasing the
likelihood that such gatherings will impair efforts at mitigating the spread of the
illness.
WHEREAS, a proclamation of emergency authorizes the City to move quickly to address the
significant and changing needs and challenges caused by COVID-19 epidemic; the emergency
proclamation enables to Director of Emergency Services to, among other things:
(i) lnternal Coordination and Orqanization. The Director controls and directs
the effort of the city's emergency organization, directs cooperation between
and coordination of services and staff of the city's emergency organization, and
resolves questions of authority and responsibility that may arise between them;
(ii) Goordination with Public and Private Aqencies: The Directors represents
the City in all dealings with public or private agencies on matters pertaining to
emergencies;
(iii) Rules and Requlations to Protect Life and Propertv: The Director makes
and issues rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; provided,
however, such rules and regulations must be confirmed at the earliest
practicable time by the City Council;
(iv) Acquirinq VitalSupplies: The Director obtains vital supplies, equipment, and
such other properties found lacking and needed for the protection of life and
property;
(v) Gommands Emergencv Services of Citv Emplovees: The Director requires
emergency services of any city officer or employee, and requisitions necessary
personnel or material of the city's departments or agencies; and
(vi) Additional Duties and Responsibilities as Assiqned: execute all special
powers conferred by resolution adopted by the City Council, all powers
conferred by any statute, by any agreement approved by the City Council, and
by any other lawful authority.
WHEREAS, the City's ability to mobilize local resources, coordinate interagency response,
accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State
and Federal Governments will be criticalto successfully responding to COVID-19;
o
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Proclaiming Existence of Local Emergency
WHEREAS, these conditions of extreme peril warrant and necessitate that the City of Menifee
proclaim the existence of a local emergency and grant the authority and duties further specified in this
resolution.
NOW, THEREFORE, lT lS PROCLAIMED that a local emergency exists throughout the City and
that the Emergency Organization of the City of Menifee, by and through the Director of Emergency
Services, shall take all necessary steps for the protection of life, health and safety in the City of Menifee,
including those steps authorized in Menifee Municipal Code Chapter 1 .10, those steps further authorized
in this resolution, and such additional steps as the City Council may authorize from time to time; and
lT lS FURTHER PROGLAIMED, that all City Departments shall, under the direction of the
Director of Emergency Services, review and revise their department emergency and contingency plans
to address the risks COVID-19 poses to their criticalfunctions; and
lT lS FURTHER PROCLAIMED, that all City Departments shall track costs for staffing, supplies,
and equipment related to COVID-19 preparation and prevention and forward that information to the City's
Finance Department; and
lT lS FURTHER PROCLAIMED, the Director of Emergency Services shall coordinate citywide
planning, preparedness and response efforts regarding COVID-19 with the Riverside County Department
of Public Health and the Riverside County Office of Emergency Services (OES), and all other appropriate
authorities.
NOW, THEREFORE, BE lT RESOLVED AND ORDERED by the City Council of the City of
Menifee, California as follows:
Section 1. The area of the City which is endangered/imperiled is the entire City. During the existence
of this local emergency, the powers, functions, and duties of the emergency organization of this City shall
be those prescribed by state law and by ordinances, resolutions, and orders of this City.
Section 2. ln addition to the authority, duties, and responsibilities set forth in Chapter 1.10 of the
Menifee Municipal Code, the Director of Emergency Services shall perform the following additional
responsibilities and have the following additional authority for the duration of the declared emergency:
(i) Economic Development: The Director shall explore and implement economic
development incentives, up to a maximum cumulative amount of $250,000 to
assist local businesses during the period of the emergency. Preferred
programs will be those that assist local businesses in providing essential
services to vulnerable populations (e.9., meal delivery).
(ii) CiW Hall Staffins: The Director shall develop and implement a staffing plan
that is consistent with the guidance provided by President Trump, the Riverside
County Health Official, and other applicable rules and guidelines. ln
formulating the staffing plan, the Director shall balance the public health and
safety of the Menifee community, the public health and safety of all City
employees, and the need to continue to provide essential City services for the
near- and long-term duration of the emergency.
(iii) Public Safetv: The Director shall work with all public safety authorities (e.9.,
Riverside County Sheriffs, CalFire), and with the City's Police Department, to
ensure that the City's public safety needs are being satisfied.
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Proclaiming Existence of Local Emergency
(iv) Onsoino Services: The Director shall make recommendations to the City
Council to facilitate the continuing processing of permits, plans, and other
entitlements and authorizations of the City;
(v) Commission and Committee Meetinss: The Director shall make
recommendations for waiving or combining the functions of City Commissions
(and expanding the use of telephonic meetings in lieu of in person meetings)so as to minimize in-person meetings where possible. Until such
recommendations are considered and acted upon by the City Council, all
meetings of all commissions and committees - excluding the Planning
Commission - are hereby postponed.
(vi)Contractins AuthoriW: The Director, in his capacity as City Manager, shall
have authority to approve, as necessary to address the COVID-19 emergency,
all contracts up to $100,000 without prior City Council authorization. For
contracts up to $200,000, as necessary to address the COVID-19 emergency,
the Director will provide 24 hours prior notice of his intent to enter into such
contract; if no member of the City Council requests City Council consideration
of the contract within the 24 hour period, the Director (in his capacity as City
Manager) shall have the authority to enter into the contract on the City's behalf.
ln addition, in order to keep the City's contracting procedures functioning
efficiently while reducing the City Council's meeting frequency, the Director will
provide 24 hours prior notice of his intent to enter into any contract below
$200,000 that does nof relate to the COVID-19 emergency; if no member of
the City Council requests City Council consideration of the contract within the
24 hour period, the Director (in his capacity as City Manager) shall have the
authority to enter into the contract on the City's behalf. The Director shall
exercise a preference for local City of Menifee businesses in utilizing the
contracting authority delegated in this paragraph. All contracts may be routed
and signed via secure electronic signature technology(ies) to the full extent
otherwise allowable by law. The City Council understands, acknowledges, and
intends, that this is a delegation of authority for emergency purposes.
(vii)Reportinq Obligations: The Director shall regularly report on the status of
the emergency and the City's response thereto through memoranda to all
members of the City Council. Members of the City Council that desire further
discussion or evaluation of specific facets of the emergency response may
request that an item be agendized for consideration at the next regularly
scheduled City Council meeting (or a special meeting if necessary).
Section 3. City Council meetings on the first Wednesday of each month shall be cancelled until
further notice. City Council meetings on the third Wednesday of each month shall continue, but members
of the public, staff, and City Council will be encouraged to telecommute to the maximum extent feasible.
lf deemed necessary by the Director, City Council meetings shall be closed to in-person attendance by
members of the public; provided, however, that a right to telephonic and/or other remote participation
shall be publicized to the Menifee community and described on each City Council agenda.
Section 4. A copy of this Resolution will be fonrvarded to the Director of California Governor's Office
of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that
the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an
emergency in the City of Menifee; that the Governor waive regulations that may hinder response and
recovery etforts; that recovery assistance be made available under that California Disasters Assistance
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Proclaiming Existence of Local Emergency
Act; and that the State expedite access to State and Federal resources and any other appropriate federal
disaster relief programs.
Section 5.This Resolution shall take effect immediately and widespread publicity and notices shall
be given said Declaration through the most feasible and adequate means of disseminating such notices
throughout the City;
Section 6. This Resolution shall remain in effect until terminated by further action of the City Council
of the City of Menifee; provided, however, that the continuing need for the proclamation of emergency
shall occur on each monthly City Council meeting.
Section 6. The duration of this local emergency, the powers, functions and duties of the emergency
organization of the City shall be those, prescribed by state law, by ordinances and by resolutions of the
City and by the City's Emergency Operations Plan as approved by the City Council of Menifee at29844
Haun Road, Menifee, CA 92586 on March 18, 2020; and that this local emergency shall be deemed to
exist until its termination is proclaimed by the City Council of the City of Menifee, State of California.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2020
a),).>.-
,,,, r,^,UlrGl,Mayor
Attest:
' 3.i"h A. Manwaring, City C
Approved as to tbrm
T. Melching,Attorney
6
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
)
)ss
)
Deines, Liesemeyer, Sobek, Zimmerman
l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City
Council Resolution No. 20-869 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 18 of March 2020 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Sa
Clerk
None
August
Ncne
A.
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