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HomeMy WebLinkAbout05 - CC-6 - Resolution Ratifying Regulation No.5 - 1/19/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 19, 2021 ITEM NUMBER: CC-6 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING REGULATION NO. 5 ISSUED BY THE CITY MANAGER AS DIRECTOR OF EMERGENCY SERVICES TO SUSPEND ENFORCEMENT OF CERTAIN PARKING REGULATIONS IN RESIDENTIAL NEIGHBORHOODS DATE: January 8, 2021 FROM: LORI ANN FARRELL HARRISON, CITY MANAGER PRESENTATION BY: LORI ANN FARRELL HARRISON, CITY MANAGER FOR FURTHER INFORMATION CONTACT: JASON DEMPSEY, EMERGENCY SERVICES ADMINISTRATOR, 714/754-5333, BRENDA GREEN, CITY CLERK, 714/754-5221, AND KIMBERLY HALL BARLOW, CITY ATTORNEY RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 2021-__ ratifying Regulation No. 5 issued by the Director of Emergency Services Temporarily Suspending Enforcement of Certain Parking Restrictions in Residential Neighborhoods. BACKGROUND: A novel coronavirus (COVID-19) was first detected in Wuhan City, Hubei Province in China in December 2019. Since then, on January 30, 2020, the World Health Organization declared COVID-19 a public health emergency of international concern. Further, on of March 11, 2020, the World Health Organization elevated the public health emergency to the status of a pandemic. On January 31, 2020, The United States Health and Human Services Secretary Alex M. Azar II declared this global outbreak a public health emergency for the United States. The County of Orange declared a local emergency and a local health emergency on February 26, 2020. The State of California proclaimed a State of Emergency on March 4, 2020. On March 12, 2020, Governor Newsome issued Executive Order N-25-20, declaring that state and local public health officials may, as they deem necessary in the interest of public health, issue guidance limiting or recommending limitations upon attendance at public assemblies, conferences, 2 or other mass events, which could cause the cancellation of such gatherings through no fault or responsibility of the parties involved, thereby constituting a force majeure. On March 12, 2020 the City Manager, as the City’s Director of Emergency Services, issued Proclamation No. 2020-01 declaring a local emergency to protect public health and slow transmission of COVID-19. By Resolution 2020-09, the City Council ratified the Proclamation on March 13, 2020, which remains in effect. On March 13, 2020, the President of the United States of America declared a national emergency. During previous periods of Stay at Home Orders, enforcement of certain parking restrictions were temporarily suspended in order to accommodate the many residents required to stay home. On November 19, 2020, the California Department of Public Health issued a Limited Stay at Home Order, which was supplemented on December 22, 2020. On December 3, 2020, the California Department of Public Health issued a Regional Stay at Home Order, which was supplemented on December 6, 2020. The Limited Stay at Home Order and Regional Stay at Home Orders, as supplemented, apply to the City of Costa Mesa due to the sharply rising numbers of hospitalizations from COVID-19, and the limited number of hospital beds available in the region as a result. It is unknown at this time when either the Limited or the Regional Stay at Home Orders will be lifted in Orange County. COVID-19 is a serious public health threat as it is highly contagious and may be spread by asymptomatic individuals. While vaccines are being made available, the time period it will take to inoculate sufficient members of the public to reduce the spread and death rate from the virus could last many months. Due to the threat to the health, safety and welfare of residents of Costa Mesa and Orange County from COVID-19, and the impacts of the Local and Regional Stay at Home Orders, on December 23, 2020, the City Manager issued Regulation No. 5 temporarily suspending the enforcement of certain residential parking restrictions, specifically for street sweeping and residential parking permit requirements. The City’s municipal code requires that such regulations be presented to the City Council for action as soon as practicable. ANALYSIS: Government Code section 8558 defines a local emergency as “the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, … or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat.” (Emphasis added.) Under Government Code section 8630, the City Council can proclaim the existence of a local emergency. Under Costa Mesa Municipal Code (CMMC) section 6-6(a)(1), the City Manager, as the Director of Emergency Services, can also proclaim the existence of a 3 local emergency. Accordingly, on March 12, 2020 the City Manager, as the City’s Director of Emergency Services, declared a local emergency as authorized by Government Code section 8630 and Costa Mesa Municipal Code section 6-6(a)(1). The City Council ratified that Proclamation by Resolution No. 2020-09 on March 13, 2020. The City Manager, as Director of Emergency Services has determined that certain residential parking restrictions should be temporarily suspended due to the Limited Stay at Home and Regional Stay at Home Order. As a result, on December 23, 2020, the City Manager issued Regulation No. 5, suspending enforcement of parking regulations regarding street sweeping and residential parking permits in residential areas only, pending review and ratification of the City Council. Staff is recommending that the City Council adopt Resolution No. 2021-__ ratifying Regulation No. 5 (Attachment No. 2). The suspension will remain in effect until the end of the emergency or upon earlier termination by the City Council. FISCAL REVIEW: The primary fiscal impact would be loss of revenue associated with issuance of parking citations; some of that impact would be offset by reduced enforcement costs. LEGAL REVIEW: The City Attorney’s Office has reviewed and approved the proposed resolution and this report as to form. CITY COUNCIL GOALS & PRIORITIES: GOAL 1: Keep our Community Safe. 4 CONCLUSION: Staff recommends that City Council adopt Resolution 2021-__, ratifying Regulation No. 5 issued by the Director of Emergency Services temporarily suspending certain residential parking restrictions. LORI ANN FARRELL HARRISON KIMBERLY HALL BARLOW City Manager City Attorney ____________________________ CAROL MOLINA Finance Director Attachments: 1. Regulation No. 5 2 Proposed Resolution No. 2021-xx Attachment 1 Costa Mesa Regulation No. 5 Pursuant to Proclamation No. 2020-01 Page 1 of 4 CITY OF COSTA MESA REGULATION NO. 5 PURSUANT TO PROCLAMATION NO. 2020-01 COSTA MESA REGULATION NO. 5 ISSUED PURSUANT TO A PROCLAMATION BY THE CITY MANAGER OF THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, TEMPORARILY SUSPENDING ENFORCEMENT OF CERTAIN PARKING RESTRICTIONS IN RESIDENTIAL NEIGHBORHOODS WHEREAS, Costa Mesa Municipal Code Section 6-6 empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and WHEREAS, Government Code Section 8550 et seq., including Section 8558(c), authorize the City Manager to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, a novel coronavirus, COVID-19, causes infectious disease and was first detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of COVID-19 include fever, cough, and shortness of breath; outcomes have ranged from mild to severe illness, and, in some cases, death. On January 30, 2020, the World Health Organization (WHO) declared the outbreak a “public health emergency of international concern” and on March 11, 2020, the WHO has elevated the public health emergency to the status of a pandemic. On January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared a public health emergency for the United States to aid the nation’s healthcare community in responding to COVID-19. On February 26, 2020 the County of Orange declared a local emergency and a local health emergency. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California; and WHEREAS, the Governor on March 12, 2020 issued Executive Order N-25-20, ordering, inter alia, that all residents are to heed the orders and guidance of state and local public health officials; and Attachment 1 Costa Mesa Regulation No. 5 Pursuant to Proclamation No. 2020-01 Page 2 of 4 WHEREAS, on March 12, pursuant to Proclamation No. 2020-01, the City Manager did proclaim the existence of a local emergency pursuant to Title 6 of the Costa Mesa Municipal Code; and WHEREAS, on March 13, 2020 the City Council pursuant to Resolution No. 2020- 09 did ratify Emergency Proclamation No. 2020-01; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency; and WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20, including the Order of the State Public Health Officer mandating all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19; and WHEREAS, COVID-19 continues to spread in the City and in the County and is especially dangerous to vulnerable populations, including the elderly and those with underlying health conditions; and WHEREAS, on November 19, 2020, the California Department of Public Health issued a Limited Stay at Home Order, which was supplemented on December 22, 2020; and WHEREAS, on December 3, 2020, the California Department of Public Health issued a Regional Stay at Home Order, which was supplemented on December 6, 2020; and WHEREAS, the Limited Stay at Home Order and Regional Stay at Home Orders, as supplemented, apply to the City of Costa Mesa due to the rising numbers of hospitalizations from COVID-19, and the limited number of hospital beds in the region as a result; and WHEREAS, it is unknown at this time when either the Limited or the Regional Stay at Home Orders will be lifted in Orange County; and WHEREAS, the city has been severely impacted by the health crisis of this global pandemic, and the Stay at Home Orders. As the virus spreads, many workers have had to stay home for extended periods and many school-aged children remain at home in the care of family and friends; and Attachment 1 Costa Mesa Regulation No. 5 Pursuant to Proclamation No. 2020-01 Page 3 of 4 WHEREAS, the requirement that residents stay home as much as possible may result in individuals leaving their vehicles on the streets of residential neighborhoods where street sweeping is scheduled to occur during the times scheduled for sweeping or in violation of residential permit parking requirements; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, enforcement of street sweeping and residential permit parking restrictions in residential neighborhoods should be temporarily suspended to avoid unnecessary travel and moving of vehicles; NOW, THEREFORE, IT IS PROCLAIMED AND ORDERED by the City Manager of the City of Costa Mesa acting as the Director of Emergency Services as follows, to become effective at 11:59 p.m. on December 23, 2020, subject to ratification as soon as practicable by the Costa Mesa City Council: SECTION 1. The above recitals are true and correct and incorporated herein by this reference. The recitals referenced herein, are adopted as though set forth fully herein as findings in support of this regulation. SECTION 2. Enforcement of parking restrictions, including time limitations elated to street sweeping and permit requirements in residential neighborhoods of the City of Costa Mesa is temporarily suspended. SECTION 3. This regulation must be confirmed at the earliest practicable time by the City Council. SECTION 4. If any subsection, sentence, clause, phrase, or word of this regulation or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this regulation. SECTION 5. Notwithstanding pending review of this regulation by the City Council for confirmation at the earliest practicable time, this regulation shall take effect at 11:59 p.m. on December 23, 2020. SECTION 11. This regulation shall remain in effect until terminated by subsequent order of the Costa Mesa Director of Emergency Services, terminated by resolution or Attachment 1 Costa Mesa Regulation No. 5 Pursuant to Proclamation No. 2020-01 Page 4 of 4 other action of the City Council, or until the state of local emergency in the City concludes, whichever occurs earlier. PROCLAIMED this 23rd day of December, 2020. _______________________________ ______________________________ Lori Ann Farrell Harrison, City Manager Kimberly Hall Barlow, City Attorney ATTEST: _________________________ Brenda Green, City Clerk Attachment 2 1 RESOLUTION NO. 2021-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING REGULATION NO. 5 ISSUED BY THE CITY MANAGER AS DIRECTOR OF EMERGENCY SERVICES TEMPORARILY SUSPENDING ENFORCEMENT OF CERTAIN PARKING REGULATIONS IN RESIDENTIAL NEIGHBORHOODS THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Costa Mesa Municipal Code Section 6-6 empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and WHEREAS, Government Code Section 8550, et seq., including Section 8558(c), authorize the City Council to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, a novel coronavirus, COVID-19, causes infectious disease and was first detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of COVID-19 include fever, cough, and shortness of breath; outcomes have ranged from mild to severe illness, and, in some cases, death. The Center for Disease Control and Prevention (CDC) has indicated the virus is a tremendous public health threat; and WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared the outbreak a “public health emergency of international concern” and on March 11, 2020, the WHO has elevated the public health emergency to the status of a pandemic. On January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared a public health emergency for the United States to aid the nation’s healthcare community in responding to COVID-19. On February 26, 2020 the County of Orange declared a local emergency and a local health emergency. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California; and Attachment 2 2 WHEREAS, the Governor on March 12, 2020 issued Executive Order N-25-20, ordering, inter alia, that all residents are to heed the orders and guidance of state and local public health officials; and WHEREAS, on March 12, pursuant to Proclamation No. 2020-01, the City Manager did proclaim the existence of a local emergency pursuant to Title 6 of the Costa Mesa Municipal Code; and WHEREAS, on March 13, 2020 the City Council pursuant to Resolution No. 2020- 09 did ratify Emergency Proclamation No. 2020-01; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency; and WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20, including the Order of the State Public Health Officer mandating all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19; and WHEREAS, on November 19, 2020, the California Department of Public Health issued a Limited Stay at Home Order, which was supplemented on December 22, 2020; and WHEREAS, on December 3, 2020, the California Department of Public Health issued a Regional Stay at Home Order, which was supplemented on December 6, 2020; and WHEREAS, the Limited Stay at Home Order and Regional Stay at Home Orders, as supplemented, apply to the City of Costa Mesa due to the rising numbers of hospitalizations from COVID-19, and the limited number of hospital beds in the region as a result; and WHEREAS, it is unknown at this time when either the Limited or the Regional Stay at Home Orders will be lifted in Orange County; and WHEREAS, the city has been severely impacted by the health crisis of this global pandemic, and the Stay at Home Orders. As the virus spreads, many workers have had to stay home for extended periods and many school-aged children remain at home in the care of family and friends; and Attachment 2 3 WHEREAS, on December 23, 2020, the City Manager, acting as the City’s Emergency Services Director issued Regulation No. 5 pursuant to Proclamation No. 2020-01 and Resolution No. 2020-09, temporarily suspending enforcement of parking regulations relating to street sweeping and residential parking permits in residential neighborhoods; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to adopt this resolution ratifying Regulation No. 5 pursuant to the emergency proclamation related to protection of life and property. NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Costa Mesa that the City Manager’s Regulation No. 5 issued on December 23, 2020 temporarily suspending enforcement of residential parking requirements relating to street sweeping and residential parking permits in residential pursuant to the Proclamation of Local Emergency No. 2020-01 dated March 12, 2020 as ratified on March 13, 2020, by Resolution 2020-09, is hereby ratified. PASSED, APPROVED AND ADOPTED this 19th day of January, 2021: _______________________________ Katrina Foley, Mayor ATTEST: APPROVED AS TO FORM: _________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney Attachment 2 4 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2021-__ and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on 19th day of January, 2021, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 20th day of January, 2021. _______________________________ BRENDA GREEN, CITY CLERK (SEAL)