HomeMy WebLinkAboutExecutive Order No. 10-2020CITY OF SANTA ANA EXECUTIVE ORDER NO. 10-2020
EXECUTIVE ORDER NO. 10 OF THE DIRECTOR OF EMERGENCY
SERVICES FOR THE CITY OF SANTA ANA EXTENDING THE
MORATORIUM ON EVICTIONS DUE TO NON-PAYMENT OF RENT BY
RESIDENTIAL AND COMMERCIAL TENANTS IMPACTED BY THE
NOVEL CORONAVIRUS (COVID-19) THROUGH SEPTEMBER 30, 2020
SECTION 1. Findines.
A. International, national, state, and local health and governmental authorities are
responding to an outbreak of respiratory disease caused by a novel coronavirus
named "SARS-CoV-2," and the disease it causes has been named "coronavirus
disease 2019," abbreviated COVID-19, ("COVID-19").
B. On March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions
already underway across multiple state agencies and departments, and help the
state prepare for broader spread ofCOVID-19.
C. On March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make
emergency funding available to assist state and local governments in preventing
the spread of and addressing the effects of COVID-19.
D. The Orange County Board of Supervisors and Department of Public Health
declared a local emergency and local public health emergency to aid the regional
healthcare and governmental community in responding to COVID-19.
E. On March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, authorizing local governments through their police power to
impose substantive limitations on residential or commercial evictions for
nonpayment of rent for tenants financially impacted by COVID-19.
F. On March 17, 2020, the Santa Ana City Council proclaimed the existence of a
local emergency to ensure the availability of mutual aid and support an effective
City response to the novel coronavirus ("COVID-19").
G. The Centers for Disease Control and Prevention, the California Department of
Health, and the Orange County Department of Public Health have all issued
recommendations including, but not limited to, social distancing, canceling or
postponing group events, working from home, and other precautions to protect
public health and prevent transmission of this communicable virus. Other counties
throughout the state have issued "shelter in place" directives.
11.
H. In response to COVID-19, and in order to prevent further exposure, many
businesses have imposed: work from home policies; virtual meetings; events and
social gatherings have been cancelled as people remain at home; and customers
are not patronizing restaurants and stores or hiring domestic help or traveling.
With more businesses working from home, less of the workforce is patronizing
restaurants, hotels and other retail establishments that employ hourly workers,
which has led to hourly cutbacks and employee terminations.
As a result of the public health emergency and the precautions recommended
by health authorities, many tenants in Santa Ana continue to experience or
expect to experience sudden and unexpected income loss.
J. The Governor of the State of California has stated that individuals exposed to
COVID-19 may be temporarily unable to report to work due to illness caused
by COVID-19 or quarantines related to COVID-19, and individuals directly
affected by COVID-19 may experience potential loss of income, health care
and medical coverage, and ability to pay for housing and basic needs, thereby
placing increased demands on already strained regional and local health and
safety resources, including shelters and food banks.
K. Most, if not all, local schools were and remain closed to prevent further spread
of COVID-19. These school closures will cause children to have to remain at
home, leading to many parents adjusting their work schedules to take time off
work, whether paid or unpaid. Hourly wage earners are unlikely to be paid for
time off. The inability to work due to school closures will economically strain
those families who cannot afford to take off time from work to stay at home.
L. The situation is unprecedented and evolving rapidly. Further economic impacts
are anticipated, leaving tenants vulnerable to eviction.
M. On March 19, 2020, consistent with Executive Order N-28-20, the Director of
Emergency Services issued an Executive Order enacting and implementing a
moratorium on evictions due to non-payment of rent by residential and
commercial tenants impacted by COVID-19. This moratorium remained in
effect through May 31, 2020 and was intended to promote stability and fairness
within the residential and commercial rental market in the City during the
COVID-19 pandemic outbreak, and to prevent avoidable homelessness,
thereby serving the public peace, health, safety, and public welfare and to
enable tenants in the City, whose income and ability to work, is affected due to
COVID-19 to remain in theirhomes.
N. On May 28, 2020, the Director of Emergency Services issued an Executive
Order No. 4-2020 extending the moratorium on evictions set forth in the
Executive Order dated March 19, 2020, due to non-payment of rent by
residential and commercial tenants impacted by COVID-19 through June 30,
2020.
O. On May 29, 2020, California Governor Gavin Newsom issued Executive Order
N-66-20 extending the protections of Executive Order N-28-20 for sixty days
until July 28, 2020. Executive Order N-28-20 authorized local governments,
through their police powers, to impose substantive limitations on residential
and commercial evictions for nonpayment of rent for tenants financially
impacted by COVID-19.
P. On June 30, 2020, the Director of Emergency Services issued Executive Order
No. 9-2020 extending the moratorium on evictions due to non-payment of rent
by residential and commercial tenants impacted by the Novel Coronavirus
(COVID-19) through July 28, 2020.
Q. On June 30, 2020, California Governor Gavin Newsom issued Executive Order
N-71-20 extending the timeframe for the protections in Executive Order N-28-
20, Paragraphs 1 and 2, extended via Executive Order N-66-20, Paragraphs 20
and 21, through September 30, 2020. Executive Order N-71-20 found that
minimizing evictions during this period is "critical" to reducing the spread of
COVID-19 in vulnerable populations by allowing those most vulnerable to
COVID-19 to self -quarantine, self -isolate, or otherwise remain in their homes
to reduce the transmission of COVID-19.
R. On July 13, 2020, the Orange County Public Health Officer issued an order
amending the previous order of July 3, 2020. The amended order included the
closure of specific sectors and activities that had been allowed previously to reopen.
These specific sectors include: dine -in restaurants, wineries and tasting rooms,
movie theaters, family entertainment centers, zoos and museums, cardrooms,
fitness centers, worship services, indoor protests, offices for non -essential sectors,
personal care services, like nail salons, body waxing and tattoo parlors, hair salons
and barbershops, and malls. It is anticipated that the recent closings will impact
the financial stability of residents in the City of Santa Ana.
S. Orange County is among the 30 counties in the State on the State's monitoring list
due to increased cases of COVID-19. On July 20, 2020, California Governor
Newsom announced that counties on the State's monitoring list would be unable to
conduct, without a waiver from the local Public Health Officer, in person classes
for the start of the school year this fall. As a result, currently, students in Santa Ana
will have to conduct school classes for the Fall 2020 portion of the school year via
remote learning.
3
T. In the interest of public health and safety, as affected by the ongoing emergency
caused by the spread of COVID-19, it is necessary to extend the eviction
moratorium to ensure renters can remain in their homes and prevent the
proliferation of homelessness and the further spread of COVID-19.
Displacement through eviction creates undue hardship for tenants through
additional relocation costs, stress and anxiety, the threat of homelessness due
to the lack of alternative housing, and lack of moving services and supplies as
stores and businesses close. During the COVID-19 pandemic outbreak,
affected tenants who have lost income due to impact on the economy or their
employment continue to be at risk of homelessness if they are evicted for non-
payment of rent, as they will have little or no income and thus be unable to
secure other housing if evicted.
U. People experiencing homelessness are especially vulnerable to the spread of
COVID-19 due to an inability to practice social distancing and a lack of access
to health care, The Governor has ordered the State to take extraordinary
measures to secure shelter for homeless populations during this emergency to
limit exposure to and spreading of COVID-19. Widespread evictions of tenants
vulnerable to eviction due to financial hardship occurring due to COVID-19
would exacerbate the challenge of sheltering the homeless during this
emergency, and increase the risk of spread of COVID-19.
V. Promoting continued stability among commercial tenancies is also conducive
to public health, allowing businesses to follow the advice and directives of
public health officials to close or re -open in limited capacity, and allowing
employees to avoid public contact, during times of a public health crisis
without fear of imminent eviction.
W. In view of the foregoing, the City desires to extend through September 30,
2020, the prohibition of evictions due to non-payment of rent for residential
and commercial tenants where the failure to pay rent results from loss of
income due to COVID-19- related impacts.
X. This order is adopted pursuant to the City's police powers and powers afforded
to the city in time of national, state, county and local emergency during an
unprecedented health pandemic, such powers being afforded by the State
Constitution, the City Charter of the City of Santa Ana and the Santa Ana
Municipal Code to protect the peace, health, and safety of the public. This order
is necessary for the preservation of the public peace, health, and safety of
residents living within the City. Under Government Code Section 8634, this
order is necessary to provide for the protection of life and property.
E
NOW, THEREFORE, I, Kristine Ridge, the Director of Emergency Services for the City of
Santa Ana, do hereby issue the following order to become effective immediately, subject to
further clarification by the City Council:
IT IS HEREBY ORDERED THAT:
SECTION 2. All provisions of Section 2 of Executive Order dated March 19, 2020,
entitled "Temporary Moratorium on Evictions for Non -Payment of Rent by Residential
Tenants Impacted by the COVID-19 Crisis," as extended by Executive Order No. 4-2020
dated May 28, 2020, and Executive Order No. 9-2020 dated June 30, 2020, shall remain in
effect until such time as Governor Newsom's Executive Order N-28-20 (as extended by N-
66-20 and N-71-20 or as further extended by Executive Order of the Governor) is repealed
or revoked.
SECTION 3. All provisions of Section 3 of Executive Order dated March 19, 2020,
entitled "Temporary Moratorium on Evictions for Non -Payment of Rent by Commercial
Tenants Impacted by the COVID-19 Crisis," as extended by Executive Order No. 4 dated
May 28, 2020, and Executive Order No. 9 dated June 30, 2020, shall remain in effect until
such time as Governor Newsom's Executive Order N-28-20 (as extended by N-66-20 and N-
71-20 or as further extended by Executive Order of the Governor) is repealed or revoked.
SECTION 4. This Order shall become effective immediately.
SECTION 5. If any section, subsection, sentence, clause, phrase or word of this Order
is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction,
such decision shall not affect the remaining provisions of this order.
PASSED, APPROVED AND ADOPTED this 23rd day of July, 2020.
ATTEST:
Trj,4�1 �� —
Daisy Gomez
Clerk of Council
415Ridge_
Director of Emergency Services and
City Manager
5