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Home My WebLink About2021-029 - Authorizing the Temporary Implementation of Covid-19 Relief MeasuresRESOLUTION NO. 2021-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE TEMPORARY IMPLEMENTATION OF COVID-19 RELIEF MEASURES FOR CERTAIN OUTDOOR BUSINESS ACTIVITIES SPECIFIED IN EXECUTIVE ORDER NO. 5-2020 AND CITY COUNCIL RESOLUTION NO. 2020-055 FOR A PERIOD OF ONE YEAR FROM THE DATE THE GOVERNOR ANNOUNCES THE DECISION FOR CALIFORNIA TO FULLY OPEN THE ECONOMY AND TRANSITION TO BEYOND THE BLUE PRINT FOR A SAFER ECONOMY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: 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 of COVID-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 also 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 COVID-19. F. On March 19, 2020, a statewide Executive Order and Public Health Order directed all Californians to stay home except for an essential job or to shop for essential needs. It was modified on May 4, 2020. Resolution No, 2021-029 Page 1 of 4 G. On August 28, 2020, the State released the "Blueprint for a Safer Economy" to permit gradual reopening of certain businesses and activities. Initially, Orange County was in the Purple, or "Widespread" Tier, requiring many non -essential indoor business operations to be closed. H. On November 21, 2020, pursuant to a statewide limited stay home order, Californians in counties in the Purple Tier were directed to stop non -essential activities between 10:00 p.m. and 5:00 a.m. A further statewide regional stay home order, announced December 3, 2020, and a related supplemental order, signed December 6, 2020, were designed to become effective at 11:59 p.m. the day after a region has been announced to have less than 15 percent Intensive Care Unit availability ("Regional Stay Home Order"). The supplemental order clarified retail operations and went into effect immediately. Together, these orders prohibited private gatherings of any size, close sector operations except for critical infrastructure and retail, and required 100 percent masking and physical distancing in all others. Once triggered, these orders were to remain in effect for at least three weeks. J. Orange County is located in the Southern California Region, which was among those regions where the statewide regional stay home order was triggered because of low ICU capacity. K. The Regional Stay Home Order was lifted on January 25, 2021. Orange County then returned to the Purple, or "Widespread" Tier under the State's Blueprint for a Safer Economy. Orange County is now in the Yellow, or "Minimal" Tier where most indoor business operations may open with modifications. L. Among the prior measures authorized by the City of Santa Ana due to the impacts of the COVID-19 pandemic were land -use related items specified in Executive Order Nos. 2-2020, 5-2020, 12-2020, and 16-2021, which served to allow use of Downtown sidewalks and parking spaces and off -site parking citywide for dining and retail operations, and to extend approval periods for land use and development matters. M.On July 7, 2020, the City Council adopted Resolution No. 2020-055, temporarily allowing food vending vehicles to use private properties and certain City -owned parking lots for vending activities and suspending the requirement of a land use certificate pursuant to Santa Ana Municipal Code Sections 41- 195.5 and 41-675 et seq. This resolution contains two exhibits: Exhibit A (List of Approved City Owned Parking Lots), and Exhibit B (The City of Santa Ana Guide for Expanded Restaurant + Retail Spaces). N. On April 6, 2021, the Governor's Office announced a target date of June 15, 2021, to allow a full reopening of business activities, depending on continued improved COVID-19 metrics such as infection rates, hospitalization rates, and vaccination rates, and subject to continued vaccination efforts. Resolution No. 2021-029 Page 2 of 4 O. In recognition of the need to facilitate the speedy recovery of the local economy from impacts of the COVID-19 pandemic, the City Council desires to temporarily permit the implementation of certain provisions of these Executive Orders as California transitions to fully open the economy and to move beyond the Blue Print for a Safer Economy. Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on the matter, does hereby resolve to allow the Covid- 19 relief measures specified in: (a) Executive Order No. 5-2020, adopted May 28, 2020, and incorporated and referenced herein as Exhibit A; and (b) Resolution No. 2020-055 and its Exhibits A and B, adopted July 7, 2020, incorporated and referenced herein as Exhibit B to be implemented for a period of one year from the date the Governor announces the decision to move beyond the Blue Print for a Safer Economy and to fully open the economy. Section 3. The City Council further authorizes the Executive Director of the Planning and Building Agency to modify, refine, or terminate all Covid-19 relief measures specified in Executive Order No. 5-2020 and City Council Resolution No. 2020-055 as needed anytime during this implementation period in order to ensure the orderly implementation thereof and to protect the health, safety, and welfare of Santa Ana residents and visitors. Section 4. The Executive Director of the Planning and Building Agency shall present an update to the City Council regarding the implementation status of these relief measures on or before February 15, 2022. The update shall include information on any ongoing and observed positive or negative impacts, including any patterns in Police Department and Code Enforcement complaints and parking and traffic patterns. Section 5 The Executive Director of the Planning and Building Agency shall present a final report to the City Council by April 30, 2022, for the City Council to consider all findings and observations and any potential permanent regulations, standards, and policies pertaining to outdoor dining and retail activities. Section 6. The City Council finds and determines that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. ADOPTED this 15t day of June. 2021. A104 Vicente Sarmiento Mayor Resolution No. 2021-029 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: F0 : %W. -f..L John M.Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers Bacerra Hernandez Lopez Mendoza Phan Penaloza Sarmiento (7) None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-029 to be the original resolution adopted by the City Council of the City of Santa Ana on June 1, 2021. Date: U�ae Daisy Gomez Clerk of the Co ncil City of Santa Ana Resolution No. 2021-029 Page 4 of 4