Resolution No. 20-03


Resolution Declaring an Emergency and Authorizing Necessary Actions Regarding Novel Coronavirus (COVID-19)

​Resolution No. 20-03

Whereas, on March 4, 2020, the Governor of California declared a State of Emergency due to the outbreak and spread of a novel coronavirus (COVID-19); and

Whereas, as of March 15, 2020, there are 224 cases reported of COVID-19 in California, 14 cases in Orange County, and officials expect the number of cases to increase; and

Whereas, strict compliance with various statutes and regulations would prevent, hinder or delay appropriate actions to prevent and mitigate the effects of COVID-19; and

Whereas, it is imperative to prepare for and implement measures to respond to the potential spread of COVID-19; and

Whereas, it is imperative to have the tools to ensure the health and safety of students, faculty, staff, and families on our campuses; and

Whereas, it is imperative to have the tools to ensure student learning continues if student education needs to be conducted from alternate locations or virtual learning environments; and

Whereas, with the guidelines provided by Governor Newsom on March 4, 2020 it is imperative that employees be allowed to take a leave of absence due to being quarantined or staying home after recently returning from Level 3 countries or sick from Coronavirus or illnesses with similar symptoms (e.g., cough, fever, shortness of breath); during this state of emergency and

Whereas, the protection of the health and safety and preservation of the lives and property of the people of the State from the effects of natural emergencies such as COVID19 which may result in conditions of disaster or in extreme peril to life, property, and

Whereas, resources is of paramount State importance requiring the responsible efforts of the public, private agencies, individual citizens, and all public employees required to serve as disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law under Government Code 3100; and

Whereas, Section 1102 of the Public Contract Code defines “emergency” to mean a “sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services,” and 21060.3 of the Public Resources Code and California Environmental Quality Act Guidelines 14 CCR section 15269(c) defines “emergency” to mean “a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. ‘Emergency’ includes such occurrences as fire, flood, earthquake, or other soil or geological movements, as well as such occurrences as riot, accident, or sabotage.”

Whereas, under California Public Contract Code Section 20654, in an emergency when any repairs, alterations, work, or improvement is necessary to any facility of public schools to permit the continuance of existing school classes, or to avoid danger to life or property, the Board may, by unanimous vote, with the approval of the Orange County Department of Education during only the timeframe of this state of emergency do the following: make a contract in writing or otherwise on behalf the district for the performance of labor and furnishing of materials or supplies for the purpose without advertising for or inviting bids; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Rancho Santiago Community College District:

  1. Determines that the circumstances described in the Resolution herein constitute an emergency condition; and
  2. By unanimous vote pursuant to section 20654 of the Public Contract Code and subject to approval by the Orange County Department of Education authorizes the flexibility of M&O, to respond to the emergency conditions at District Sites; and
  3. Authorizes the Chancellor and/or his designee from the date of this Resolution to take any and all actions necessary to ensure the continuation of public education, and the health and safety of the students and staff at all District sites, in accordance with local, state and federal law, provided that any expenditure over One Million Dollars ($1,000,000.00) will require approval of the executive committee and any expenditure over Five Million Dollars ($5,000,000.00) will require board approval. Additionally, any actions taken shall be agendized for ratification by the Board at the next regularly scheduled Board Meeting.

Dated this 23rd day of March 2020.

Ayes: 7 Trustees: Alvarez, Barrios, Hanna, Hernandez, Labrado, Mendoza, Yarbrough
Noes: 1 Student Trustee Advisory Vote: Moreno
Absent: 0 Trustees
Abstain: 0 Trustees

Marvin Martinez signature
Marvin Martinez
Secretary to the Board of Trustees

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