RESOLUTION NO. 2022-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (“COVID-19”) WHEREAS, Chapter 8 of the Fontana Municipal Code empowers the City Council to proclaim a local emergency when the City of Fontana is affected or likely to be affected by a public calamity; and WHEREAS, on March 13, 2020, the then-City Manager, in accordance with Section 8-(6)(a)(1) of the Fontana Municipal Code, issued Proclamation No. 2020-001 proclaiming the existence of a local emergency relating to the worldwide spread of a respiratory illness due to the novel coronavirus known as COVID-19; and WHEREAS, on March 14, 2020, the City Council of Fontana (“City Council”) ratified Proclamation No. 2020-001, and adopted Resolution No. 2020-020 declaring and proclaiming a local emergency throughout the City; and WHEREAS, on April 14, 2020, the City Council adopted Resolution No. 2020-030 proclaiming the continued existence of the local emergency; and WHEREAS, the City Council also adopted related resolutions, including on June 9, 2020, Resolution No. 2020-048 (delaying implementation of Title 14 of the California Code of Regulations section 45064.3), on August 11, 2020 Resolution No. 2020-119 (allowing for temporary outdoor operating permits and temporary street closures), on October 13, 2020 Resolution No. 2020-133 (request to Governor for business re-openings), and on April 12, 2022, Resolution No. 2022-026 (opposing Senate Bill 871 for mandatory COVID-19 vaccinations for public students in California)(collectively “Resolutions”); and WHEREAS, the original intent of the declaration of local emergency and subsequent Resolutions was to prevent the catastrophic failure of City services, personnel, equipment, and facilities; and, WHEREAS, the Fontana City Council concludes that the catastrophic failure of City services, personnel, equipment, and facilities has been prevented; and, WHEREAS, on March 1, 2022, the County of San Bernardino rescinded their local emergency proclamation.
WHEREAS, based on the fact that the City’s COVID-19 case numbers have stabilized, it is the City Council’s conclusion that the circumstances that led to the City Council’s Resolution No. 2020-030 on April 14, 2020, declaring a local emergency regarding COVID-19 no longer exists; and WHEREAS, the City Council having reviewed the need for continuing the existence of a local emergency and recognizing that under statute a requirement to terminate the same at “the earliest possible date that the conditions warrant termination,” now conclude that the current conditions related to COVID-19 in the City of Fontana warrant termination of the local emergency and thereby rescind Resolution No. 2020-030, as well as subsequent implementing Resolutions.
NOW, THEREFORE, IT IS HEREBY DECLARED AND RESOLVED, by the City Council that pursuant to Government Code section 8630(d), the Proclamation of the existence of a local emergency due COVID-19, adopted by the City Council on April 14, 2020 (Resolution No. 2020-030), on June 9, 2020 (Resolution No. 2020-048), on August 11, 2020 (Resolution No. 2020-119), on October 13, 2020 (Resolution No. 2020-133), and on April 12, 2022 (Resolution No. 2022-026 ) are hereby terminated in their entirety.
BE IT FURTHER RESOLVED, the City Council, reserves the authority under state law and Chapter 3 of the Fontana Municipal Code, to declare a local emergency should the number of COVID-19 infections and, or hospitalizations due to COVID-19 warrant action by the City.
BE IT FURTHER RESOLVED, by the City Council, this Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED this 12th day of July, 2022.
READ AND APPROVED AS TO LEGAL FORM:
Ruben, Duran, City Attorney
I, Germaine McCellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 12th day of July 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Germaine McCellan Key, City Clerk of the City of Fontana Acquanetta Warren, Mayor of the City of Fontana
ATTEST:
Germaine McCellan Key, City Clerk
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