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,
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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
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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.
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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
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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
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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)