60A - EXECUTIVE ORDERS FOR COVID-19

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2020 TITLE: DISCUSS EXECUTIVE ORDERS ISSUED PURSUANT TO DECLARATION OF LOCAL COVID-19 EMERGENCY RESOLUTION NO. 2020-016 AND CONSIDER AFFIRMING, AMENDING, EXTENDING OR RESCINDING ORDER RELATED TO TEMPORARY FREEZE ON RESIDENTIAL RENT INCREASES /s/ Kristine Rida CITY MANAGER CLERK OF COUNCIL USE ONLY: _••e• 91 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Review the City's three Executive Orders adopted in response to the COVID-19 emergency and discuss whether to affirm, amend, extend or rescind that portion of Executive Order No. 2-2020, imposing a temporary prohibition on residential rent increases. DISCUSSION On April 23, 2020, an Orange County -based coalition of the California Apartment Association sent a letter to the City of Santa Ana asking the City Council to rescind sections of Executive Order No. 2- 2020 (Exhibit 1). Background On March 4, 2020, California Governor Newsom 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. On March 17, 2020, the City Council adopted Resolution No. 2020-016, proclaiming the existence of a local emergency to ensure the availability of mutual aid and an effective City response to the novel coronavirus ("COVI D-1 9"). Resolution No 2020-016 granted broad administrative and legislative authority to the City's Director of Emergency Services, the City Manager, to promulgate orders and regulations necessary for the protection of life and property and to implement preventative measures to protect and preserve the residents of the City. Acting upon this authority the City Manager has issued three Executive Orders as summarized below: Summary of Executive Orders The first Executive Order, Order No. 1-2020 (Order No.1) imposes a temporary moratorium on evictions for the non-payment of rent by residential and commercial tenants. Order No. 1 has been clarified through Frequently Asked Questions ("FAQs") to explain that it does not prohibit charging rent and it does not require the forgiveness of rent. Order No. 1 also imposes a temporary suspension on residential and commercial foreclosures, suspends the discontinuation of water service for those 60A-1