20-955
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RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING ITS RESOLUTION PROCLAIMING EXISTENCE AND THREATENED
EXISTENCE OF A LOCAL EMERGENCY TO REVISE SCOPE OF CONTRACTING
AUTHORITY AND FURTHER AMENDING ITS RESOLUTION GRANTING PERMIT
EXTENSIONS DURING THE PERIOD OF THE 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(A)(1), while in session on
March 18, 2020, the City Council was asked by the Director of Emergency Services of the City to proclaim
that a local emergency exists; and
WHEREAS, on March 18, 2020, the City Council adopted a resolution proclaiming the existence
and threatened existence of a local emergency (Emergency Resolution), and providing a series of
specific authorizations in connection therewith; and
WHEREAS, among the authorizations provided in the Emergency Resolution was the following:
“Contracting Authority: 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. In
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 not 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. 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” (emphasis
added); and
WHEREAS, the authorization highlighted in bold and italics in the prior paragraph (the “Non-
COVID Contracting Authority”) was provided to the City Manager to allow the City to continue its normal
operations, even if City Council meetings were reduced to one time per month or less, but in fact the City
Council has been able to maintain its normal meeting schedule; and
WHEREAS, the City Manager has not at any time exercised the Non-COVID Contracting
Authority, and there is no foreseeable need to do so; and
WHEREAS, at its meeting on May 20, 2020, the City Council adopted a resolution (Permitting
Resolution), which among other things granted an extension of permit expiration deadlines in certain
circumstances, as follows:
DocuSign Envelope ID: 128653EB-ECA3-4E68-BEC9-BE0F8AEC3807
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Amending Contracting Authority and Permit Deadlines During Local Emergency
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For the remainder of the duration of the proclaimed local emergency, and subject
to further extension of up to sixty (60) days at the discretion of the City Council or
City Manager, any time period for action on a building permit or planning
application that was approved by the City prior to, but had not expired as of, March
18, 2020, shall be tolled until the expiration of the local emergency. This tolling
period shall not apply to any order to abate a public nuisance or dangerous building
or any permit related to work to abate nuisance or dangerous conditions. The City
Manager, as Emergency Services Director, is hereby authorized to issue such
further orders and regulations as are necessary and appropriate for processing
planning applications during the period of the local emergency; and
WHEREAS, As the COVID-19 pandemic has continued, it has become apparent that a simpler
and more certain process for planning applications – providing a blanket one year tolling to permit
expiration deadlines for permits that would otherwise have expired after March 18, 2020 -- would be of
value to developers, project applicants, and the City.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of
Menifee, California as follows:
Section 1. The Non-COVID Contracting Authority provided in the Emergency Resolution is hereby
rescinded, and Section 2(vi) of Resolution 20-869 is revised to read as follows:
Contracting Authority: 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.
In 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 not 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. 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.
Section 2. Section 3 of the Permitting Resolution is hereby amended and superseded in full to read as
follows:
For the remainder of the duration of the proclaimed local emergency, and subject
to further extension of up to sixty (60) days at the discretion of the City Council or
City Manager, any time period for action on a building permit or planning
application that was approved by the City prior to, but had not expired as of, March
18, 2020, shall be tolled until the expiration of the local emergency. Further, for
the remainder of the duration of the proclaimed local emergency any time period
DocuSign Envelope ID: 128653EB-ECA3-4E68-BEC9-BE0F8AEC3807
Amending Contracting Authority and Permit Deadlines During Local Emergency
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for action on a planning application that was approved by the City prior to, but had
not expired as of, March 18, 2020, shall be tolled for a period of one year, starting
on March 18, 2020. These tolling periods shall not apply to any order to abate a
public nuisance or dangerous building or any permit related to work to abate
nuisance or dangerous conditions; further, these tolling periods shall run
concurrent with, not consecutive to, any other extension (provided under State law
or otherwise) granted from and after March 18, 2020. The City Manager, as
Emergency Services Director, is hereby authorized to issue such further orders
and regulations as are necessary and appropriate for processing planning
applications during the period of the local emergency.
Section 3. Except as expressly modified herein, the Emergency Resolution and the Permitting
Resolution shall remain in full force and effect.
Section 4. 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; and
PASSED, APPROVED AND ADOPTED this 2nd day of September 2020.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Sarah A. Manwaring, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Resolution No. 20- was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 2nd day of September 2020 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________
Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: 128653EB-ECA3-4E68-BEC9-BE0F8AEC3807
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August, Deines, Sobek, Liesemeyer, Zimmerman
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