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HomeMy WebLinkAbout05 - Supporting the OC Board of Supervisors' Determination that Houses of Worship are Essential Services and Supporting In -Person Religious AssembliesQ �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report June 23, 2020 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, AICP, Senior Planner bzdeba@newportbeachca.gov PHONE: 949-644-3253 TITLE: Resolution No. 2020-61: Supporting the Orange County Board of Supervisors' Determination that Houses of Worship are Essential Services and Supporting In -Person Religious Assemblies ABSTRACT: As a result of Governor Newsom's Stay at Home Order, houses of worship for all faiths were closed to their congregations. With millions of California residents, including citizens of Newport Beach, who have a deep and sincere reliance upon their connection with local houses of worship, the essential and critical nature of the services provided by clergy and religious assemblies have been overlooked. Although recent directives from the California Department of Public Health have allowed houses of worship to reopen under stringent guidelines, these restrictions greatly inhibit the numerous benefits of ministries, social services and critical emotional support. After Resolution 20-051 was adopted unanimously by the Orange County Board of Supervisors to determine gathering together in fellowship and worship as an "essential" service and supporting in-person religious assemblies, the City Council desires to state publicly its support for this determination. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2020-61, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Orange County Board of Supervisors' Determination that Houses of Worship are Essential Services and Supporting In -Person Religious Assemblies. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 5-1 Resolution No. 2020-61: Supporting the Orange County Board of Supervisors' Determination that Houses of Worship are Essential Services and Supporting In -Person Religious Assemblies June 23, 2020 Page 2 DISCUSSION: Seeing the widespread effects of the novel coronavirus (COVID-19), Governor Newsom issued Executive Order N-33-20 on March 19, 2020, requiring all individuals in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations for 16 critical infrastructure sectors as defined by the federal government. As a result of this Stay at Home Order, houses of worship for all faiths throughout the City of Newport Beach and the County of Orange had to close. All houses of worship have largely remained closed since the Order has been in effect. However, recently on May 25, 2020, the California Department of Public Health (CDPH) announced that houses of worship can reopen if they comply with new guidelines, by limiting attendance to 100 people or 25 percent of the building's capacity, whichever is lower. Also included in the guidelines is discouragement of "singing and group recitation." These stringent limitations inhibit the citizens of Newport Beach and the County of Orange from receiving the numerous benefits of ministries, social services, and critical emotional support that tends to be provided by these local institutions. As there are millions of California residents who have a deep and sincere reliance upon their connections with local houses of worship and the clergy that lead them, the current restrictions have overlooked their essential and critical nature. In order to bring this issue to light, over 1,200 California clergy and approximately 10,000 church and ministry leaders have signed a Declaration of Essentiality. This Declaration was submitted on May 20, 2020, to Governor Newsom and Dr. Angell, Director of the CDPH, on behalf of Advocates for Faith & Freedom, The National Center for Law and Policy, Liberty Counsel and Freedom of Conscience Defense Fund, and First Liberty. On May 26, 2020, the Orange County Board of Supervisors adopted Resolution No. 20-051 determining that gathering together in fellowship and worship in the faith of one's choice is indeed an "essential" service (Attachment B). This Resolution effectively supports the continuation of in-person religious assemblies to be held in compliance with Centers for Disease Control and State guidelines for social distancing, which is required of all "essential" businesses. It further expresses appreciation for the clergy who daily minister to the spiritual, physical, and mental needs of not only their congregants, but to those of all who cry out for help in times of need. The City Council of the City of Newport Beach has expressed concurrence with the findings of the Orange County Board of Supervisors and would like to formally declare its support for the efforts of the Orange County Board of Supervisors and their determination. 5-2 Resolution No. 2020-61: Supporting the Orange County Board of Supervisors' Determination that Houses of Worship are Essential Services and Supporting In -Person Religious Assemblies June 23, 2020 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2020-61 Attachment B — Orange County Board of Supervisors Resolution No. 20-051 5-3 Attachment A Resolution No. 2020-61 5-4 RESOLUTION NO. 2020- 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING THE ORANGE COUNTY BOARD OF SUPERVISORS' DETERMINATION THAT HOUSES OF WORSHIP ARE ESSENTIAL SERVICES AND SUPPORTING IN-PERSON RELIGIOUS ASSEMBLIES WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N- 33-20, requiring all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operations of the federal critical infrastructure sectors ("Stay at Home Order"); WHEREAS, as a result of the Stay at Home Order, houses of worship of all faiths ("Houses of Worship") throughout the City and the County of Orange ("County") had to close, WHEREAS, on May 25, 2020, the California Department of Public Health announced that Houses of Worship can re -open if they comply with new guidelines, by limiting attendance to 100 people or twenty-five (25%) of the building's capacity, whichever is lower, and discourage "singing and group recitation"; WHEREAS, the limitation of operations at Houses of Worship in response to the COVID-19 outbreak inhibits the citizens of Newport Beach and the County of Orange from receiving the numerous benefits of ministries, social services, and critical emotional support provided by these local institutions, which are funded not by taxpayer dollars, but by the tithes and gifts from their own congregants; WHEREAS, the current restrictions established by the Stay at Home Order have overlooked the essential and critical nature of the services provided by clergy and religious assemblies; WHEREAS, there are millions of California residents who have a deep and sincere reliance upon their connection with local ministries, churches, synagogues, temples, mosques, and the clergy that lead them; WHEREAS, over 1,200 California clergy and approximately 10,000 church & ministry leaders have signed a Declaration of Essentiality submitted to Governor Newsom and Dr. Angell, Director of the California Department of Public Health, dated May 20, 2020, on behalf of Advocates for Faith & Freedom, The National Center for Law and Policy, Liberty Counsel and Freedom of Conscience Defense Fund, and First Liberty, that addresses the religious community in California; 5-5 Resolution 2020 - Page 2 of 3 WHEREAS, on May 26, 2020, the County Board of Supervisors adopted Resolution 20-051 determining that gathering together in fellowship and worship in the faith of one's choice is an "essential" service, supporting the resumption of in-person religious assemblies to be held in compliance with Centers for Disease Control ("CDC") and State guidelines for social distancing, as is required of all "essential businesses," and expressing appreciation for the clergy who daily minister to the spiritual, physical, and mental needs of not only their congregants, but to of all who cry out for help in times of need. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby declares that it supports the efforts of the County Board of Supervisors in its unanimously passed Resolution 20-051 that declares that the gathering together in fellowship and worship in the faith of one's choice is an "essential" service and supports the resumption of in-person religious assemblies in compliance with CDC and state guidelines for social distancing as is required of all "essential businesses." The City Council expresses its appreciation for the clergy who daily minister to the spiritual, physical, and mental needs of not only their congregants, but to of all who cry out for help in times of need. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 5-6 Resolution 2020 - Page 3 of 3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 23,d day of June, 2020. Will O'Neill Mayor ATTEST: Leilani f. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ff Aaron C. Harp City Attorney 5-7 Attachment B Orange County Board of Supervisors Resolution No. 20-051 MU -1 MICHELLE STEEL CHAIRWOMAN, SECOND DISTRICT ORANGE COUNTY HALL OF ADMINISTRATION 333 W. SANTA ANA BLVD., P.O. BOX 687, SANTA ANA, CALIFORNIA 92702-0687 PHONE (714) 834-3220 michelle.steel@ocgov.com M E M O R A N D U M TO: Robin Stieler, Clerk of the Board FROM: Chairwoman Michelle Steel, Second District�� SUBJECT: Resolution Determining Houses of Worship Essential Services kJE id -PrED May 21, 2020 Please add the following item of business to the calendar for the May 26, 2020 Special Board meeting agenda. The title of the item should read: Chairwoman Steel — Adopt resolution determining houses of worship to be essential services. 5-9 Board Resolution Determining Houses of Worship to be Essential Services And Supporting the Resumption of In -Person Religious Assemblies Whereas, Houses of Worship of all faiths have been deemed "nonessential" by the State of California, during the COVID-19 pandemic; and Whereas, the current restrictions established in the state's Executive Order N-33-20 have overlooked the essential and critical nature of the services provided by clergy and religious assemblies; and Whereas, the closure of religious organizations is preventing the poor, unemployed, and distressed among us to receive the numerous benefits of ministries, social services, and critical emotional support provided by these local institutions - funded not by taxpayer dollars but by the tithes and gifts from their own congregants - and provided free of charge; and Whereas, there are millions of California residents who have a deep and sincere reliance upon their connection with local ministries, churches, synagogues, temples, mosques, and the clergy that leads them; and Whereas, the Orange County Board of Supervisors sees the mandated closure of religious organizations is having a significant and detrimental secondary effect on the citizens of California; and Whereas, over 1,200 California clergy and approximately 10,000 church & ministry leaders have signed a Declaration of Essentiality submitted to Governor Newsom and Dr. Angell, Director of the California Department of Public Health, dated May 20, 2020, on behalf of Advocates for Faith & Freedom, The National Center for Law and Policy, Liberty Counsel and Freedom of Conscience Defense Fund, and First Liberty, that addresses the religious community in California; and Whereas, the Orange County Board of Supervisors supports this Declaration of Essentiality; and Whereas, Thursday May 28, 2020 marks the beginning of the Jewish Holiday of Shavout, and Sunday, May 31, 2020, marks the Day of Pentecost, which commemorates the birth of the Christian Church; now, therefore, be it Resolved, that the Orange County Board of Supervisors does hereby declare that gathering together in fellowship and worship in the faith of one's choice is an "essential" service and we support the resumption of in-person religious assemblies beginning on this significant weekend, to be held in compliance with CDC and state guidelines for social distancing as is required of all "essential businesses." May God bless all our clergy who daily minister to the spiritual, physical, and mental needs of not only their congregants, but to of all who cry out for help in times of need. 5-10