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Home My WebLink About42 - NB-2 - Ratifying Regulation No.6 Issued - 7/20/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 20, 2021 ITEM NUMBER: NB-2 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING REGULATION NO. 6 ISSUED BY THE CITY MANAGER AS DIRECTOR OF EMERGENCY SERVICES REVISING REGULATION NO. 5 REGARDING TEMPORARY SUSPENSION OF ENFORCEMENT OF CERTAIN PARKING RESTRICTIONS IN RESIDENTIAL NEIGHBORHOODS DATE: July 12, 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-xx ratifying Regulation No. 6 issued by the City Manager as Director of Emergency Services revising Regulation No. 5 regarding temporary suspension of 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 2 officials may, as they deem necessary in the interest of public health, issue guidance limiting or recommending limitations upon attendance at public assemblies, conferences, 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. 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. This Regulation was ratified by the City Council by Resolution No. 2021-01 on January 19, 2021. As the efforts to reopen California’s economy fully continue, the Orange County Fair will be conducted in person this summer. Because of the tremendous impact of non- residents parking on residential streets surrounding the Orange County Fair Grounds, the City Manager, acting as Director of Emergency Services, determined that temporary parking restrictions in those residential neighborhoods is essential during the operation of the Orange County Fair due to the additional disruption and potential exposure to the area’s residents of thousands of non-residents crowding out residents from their own neighborhoods, unnecessarily risking additional exposure to COVID-19 and potential ripple effects impacting parking throughout the community. Thus, on July 12, 2021, the Director of Emergency Services issued Regulation No. 6. revising Regulation No. 5 regarding temporary suspension of enforcement of certain parking restrictions in residential neighborhoods. 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 3 political subdivision and require the combined forces of other political subdivisions to combat.” (Emphasis added.) 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. In January 2021, the City Council ratified Regulation No. 5 suspending enforcement of parking regulations regarding street sweeping and residential parking permits in residential areas only, due to the state of emergency, stay at home orders and closure of many schools and businesses. That suspension remains in place. However, as the economy reopens, particular neighborhoods are likely to experience significant difficulty in parking in their own neighborhoods which are being heavily impacted by the reopening. In particular, the Orange County Fair is resuming in-person fair activities at the Fairgrounds. The residential neighborhoods surrounding the Fairgrounds have typically been heavily impacted by non-residents attempting to use city streets in these neighborhoods to park, creating severe traffic and parking impacts to those neighborhoods. The City Manager, as Director of Emergency Services has determined that the City’s annual practice of limiting parking in residential neighborhoods surrounding the Fair during operation of the Orange County Fair from July 16, 2021 through August 15, 2021 is essential to the health and safety of the residents there and elsewhere in the City. As a result, the Regulation requires modification to allow residential parking restrictions to be enforced around the Fairgrounds during Fair operations. As a result, on July 12, 2021, the City Manager issued Regulation No. 6 (Attachment No. 1), to allow enforcement of residential parking restrictions during the operation of the Orange County Fair, from July 16, 2021 to August 15, 2021, in the surrounding residential neighborhoods pursuant to the City’s annual temporary resident parking only permit program. Staff is recommending that the City Council adopt Resolution No. 2021-xx ratifying Regulation No. 6 (Attachment No. 2). This will allow issuance and enforcement of resident-only parking permits in neighborhoods surrounding the Fairgrounds for the duration of the Fair. FISCAL REVIEW: This action should be revenue neutral as enforcement costs will be offset by fines. LEGAL REVIEW: The City Attorney’s Office has reviewed and approved the proposed resolution and this report as to form. 4 CITY COUNCIL GOALS & PRIORITIES: GOAL 1: Keep our Community Safe. CONCLUSION: Staff recommends that City Council adopt Resolution 2021-xx, ratifying Regulation No. 6 issued by the Director of Emergency Services to allow enforcement of residential parking restrictions during the operation of the Orange County Fair, from July 16, 2021 to August 15, 2021, in the surrounding residential neighborhoods pursuant to the City’s annual temporary resident parking only permit program. LORI ANN FARRELL HARRISON KIMBERLY HALL BARLOW City Manager City Attorney ____________________________ CAROL MOLINA Finance Director Attachments: 1. Regulation No. 6 2 Proposed Resolution No. 2021-xx