HomeMy WebLinkAboutExecutive Order No. 13-2020CITY OF SANTA ANA EXECUTIVE ORDER NO. 13-2020
EXECUTIVE ORDER NO. 13 OF THE DIRECTOR OF EMERGENCY
SERVICES FOR THE CITY OF SANTA ANA SUSPENDING WATER
SHUT -OFFS AND LATE FEES UNTIL THE EXPIRATION OF
GOVERNOR NEWSOM'S EXECUTIVE ORDER N-42-20
SECTION 1. Findings.
A. International, national, state, and local health and governmental authorities have
been 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 ofCOVID-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 17, 2020, the 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").
F. On March 19, 2020, the City's Director of Emergency Services issued Executive
Order No. 1, which suspended discontinuation or shut off of water service for
residents and businesses in the City for a period of 60 days for non-payment of
water and sewer bills. It also suspended the imposition of late payment penalties
or fees for delinquent water and/or sewer bills.
G. On April 2, 2020, Governor Newsom issued EO N-42-20 prohibiting water service
disconnections for residential service and any business in the critical infrastructure
sectors designated by the State Public Health Officer as critical to protect the
health and well being of all Californians that qualify as a small business under 13
CFR Section 121.201. The purpose of EO N-42-20 was to ensure the continuing
right to safe, clean, affordable and accessible water adequate for human
consumption, cooking and sanitary purposes.
H. Currently, Orange County is in the Red Substantial Tier according to the
Governor's Blueprint for a Safer Economy. Many businesses have reopened but
with restrictions. Notwithstanding, access to water for washing hands, cooking,
and sanitary purposes is imperative to businesses and all residential customers.
I. Many residential customers continue to work from home and attend school from
home online because of the local emergency. It is important that all residents
continue to have access to running water and sewer services to maintain public
health and safety.
J. The City has determined that, it is important during this time of local emergency
that, all residential and business customers have access to water and sewer services
without fear of disconnection for non-payment.
K. 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.
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. Water and Sewer Services. As a result of the local emergency, the City
hereby suspends: (a) the discontinuation or shut-off of water or sewer services for residential
customers and all businesses in the City for non-payment of water and/or sewer bills; and (b)
the imposition of late penalties or fees for delinquent water and/or sewer bills.
SECTION 3. This Order shall remain in effect until Governor Newsom's Executive
Order N-42-20 is terminated, expires, or is repealed. However, nothing in this Order
eliminates the obligation of water customers to pay for water services, prevents the City for
charging for water services, or reduces the amount the customer may already owe the City
for water services.
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 day of November, 2020.
ATTEST: fi
Daisy Gomez
Clerk of Council
Kristm6 Ridge
Director of Emergency Services and
City Manager
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