HomeMy WebLinkAboutAGENDA REPORT 2020 0318 SPC CCSA ITEM 05ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of March 18, 2020
ACTION Adopted Resolution No. 2020-
3896.
BY B.Garza.
A. Consider Resolution Confirming Resolution No. 2020-3895, a Resolution of the
Director of Emergency Services of the City of Moorpark Proclaiming the
Existence of a Local Emergency. Staff Recommendation: Adopt Resolution No.
2020-3896. (Staff: Troy Brown)
Item: 5.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Troy Brown, City Manager
DATE: 03/18/2020 Special Meeting
SUBJECT: Consider Resolution Confirming Resolution No. 2020-3895, a
Resolution of the Director of Emergency Services of the City of
Moorpark Proclaiming the Existence of a Local Emergency
BACKGROUND
A local emergency may be proclaimed by the City Council or the Director of Emergency
Services (City Manager) when the City Council cannot immediately be called into
session. Such proclamations are normally made when there is an actual incident or
threat of disaster or extreme peril to the safety of persons and property within the City.
The proclamation of a local emergency authorizes the undertaking of extraordinary
police powers, provides limited immunity for emergency actions of public employees
and governing bodies, authorizes the issuance of orders and regulations to protect life
and property (i.e., curfews), and activates pre-established local emergency provisions
such as special purchasing and contracting.
DISCUSSION
Due to the contagious novel coronavirus, now known as COVID-19, many public
agencies are putting “social distancing” into practice in response to Governor Gavin
Newsom’s March 11, 2020, announcement recommendation that any event with more
than 250 people in attendance should be canceled or postponed. Governor Newsom
also requested people to maintain a distance of more than six feet from each other at
any gathering. On March 12, 2020, the County of Ventura Health Officer, Dr. Robert
Levin, issued a Declaration of Local Health Emergency which proclaimed that a COVID-
19 health emergency exists in the County of Ventura and the health emergency is
deemed to continue until the Ventura County Board of Supervisors proclaim the
termination of the health emergency. The Declaration also asserts that it applies to
public schools in Ventura County and is allowing school closures due to COVID-19
concerns. As a result, multiple school districts throughout Ventura County canceled
classes during the week of March 16th and those cancelations may extend further
Item: 5.A.
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Honorable City Council
03/18/2020 Regular Meeting
Page 2
(though Spring Break at most school districts is scheduled for the week of March 23rd,
effectively canceling classes for at least two weeks). Multiple agencies are canceling
events throughout Ventura County in consideration of both the Governor’s request and
Dr. Levin’s Declaration.
On March 13, 2020, Troy Brown, Director of Disaster Services/City Manager, signed
Resolution No. 2020-3895, proclaiming the existence of a local emergency due to
COVID-19, under authority of Government Code Section 8630 and Chapter 2.48 of the
Moorpark Municipal Code. In addition to providing eligibility for reimbursement from
state and national agencies should funding become available, this action also allows the
City to procure goods and services quickly to combat any impacts associated with the
potential spread of COVID-19. Staff is requesting City Council to ratify Resolution 2020-
3895.
FISCAL IMPACT
There is no fiscal impact associated with this action.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Adopt Resolution No. 2020-____
Attachment 1: Resolution No. 2020-3895
Attachment 2: Draft Resolution No. 2020-____
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RESOLUTION NO. 2020-3895
A RESOLUTION OF THE DIRECTOR OF
EMERGENCY SERVICES OF THE CITY OF
MOORPARK, CALIFORNIA, PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY DUE TO
THE NOVEL CORONAVIRUS (COVID-19) UNDER
GOVERNMENT CODE SECTION 8630 AND
CHAPTER 2.48 OF THE MOORPARK MUNICIPAL
CODE ("EMERGENCY PREPAREDNESS")
WHEREAS, Government Code Section 8630 authorizes the City Council, or an
official designated by ordinance of the City Council, to proclaim the existence of a local
emergency; and
WHEREAS, Moorpark Municipal Code Section 2.48.060, adopted as Ordinance
No. 89-106, designates the City Manager as the Director of Disaster Services for the
City of Moorpark; and
WHEREAS, pursuant to Moorpark Municipal Code Section 2.48.060.B.1., the
Director of Disaster Services is specifically empowered to proclaim the existence or
threatened existence of a local emergency, as defined in Government Code Section
8558(c), if the City Council is not in session, subject to ratification by the City Council
within seven days thereafter; and
WHEREAS, the City Council is not in session and cannot immediately be called
into session;
WHEREAS, Government Code Section 8558(c) defines a local emergency, in
relevant part, as "the duly proclaimed existence of conditions of disaster or of extreme
peril to the safety of persons and property within the territorial limits of a county, city and
county, or city, caused by conditions such as ... epidemic ... or disease, or other
conditions, other than conditions resulting from a labor controversy, which are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of
that political subdivision and require the combined forces of other political subdivisions
to combat ... "; and
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19), was first identified in Wuhan City,
Hubei Province, China, and has spread outside of China, impacting more than 75
countries, including the United States; and
WHEREAS, since the federal Centers for Disease Control and Prevention
("CDC") confirmed the first possible case of community spread of COVID-19 in the
United States on February 26, 2020, there has been a significant escalation of United
States domestic cases and deaths from COVID-19; and
3
Resolution No. 2020-3895
Page 2
WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency to
exist in California as a result of the threat of COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20,
further proclaiming that "despite sustained efforts, the virus remains a threat, and further
efforts to control the spread of the virus to reduce and minimize the risk of infection are
needed"; and
WHEREAS, on March 12, 2020, Robert Levin, M.D., the Ventura County Health
Officer, declared a local health emergency within the County of Ventura due to COVID-
19; and
WHEREAS, as of March 12, 2020, across the globe, there were more than
130,000 confirmed cases of COVID-19, tragically resulting in more than 4,000 deaths
worldwide; and
WHEREAS, as of March 12, 2020, there were over 1,200 COVID-19 cases
identified in the United States, including over 170 cases in California, and officials
expect the number of cases in California, the United States, and worldwide to increase;
and
WHEREAS, due to the expanding list of countries with widespread transmission
of COVID-19, increasing travel alerts and warnings for countries experiencing sustained
or uncontrolled community transmission issued by the CDC, the escalation of United
States domestic cases of and deaths from COVID-19, and the identification of COVID-
19 cases in California, COVID-19 has created conditions that are or likely to be beyond
the control of local resources and require the combined forces of other political
subdivisions to combat; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and allow for future
reimbursement by the state and federal governments will be critical to successfully
responding to COVID-19; and
WHEREAS, the Director of Disaster Services finds that these conditions warrant
and necessitate that the City proclaim the existence of a local emergency; and
WHEREAS, the Director of Disaster Services does hereby find that an extreme
threat to public health now exists in Moorpark due to COVID-19.
NOW, THEREFORE, THE DIRECTOR OF DISASTER SERVICES OF THE
CITY OF MOORPARK DECLARES AND PROCLAIMS THAT CONDITIONS OF
EXTREME PERIL TO THE SAFETY OF PERSONS AND PROPERTY HAVE ARISEN
THROUGHOUT THE CITY OF MOORPARK AND A LOCAL EMERGENCY NOW
EXISTS IN THE CITY OF MOORPARK ON ACCOUNT OF THE COVID-19
PANDEMIC.
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Resolution No. 2020-3895
Page 3
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this
local emergency the powers, functions, and duties of the emergency organization of
Moorpark, as defined in Moorpark Municipal Code Section 2.48.080 , shall be those
prescribed by state law, the Moorpark Municipal Code , including Chapter 2.48, and by
other applicable ordinances, resolutions and approved emergency plans of Moorpark.
The City Council shall take action to ratify this proclamation within seven days, or the
local emergency shall not remain in effect.
PASSED AND ADOPTED this 13th day of March , 2020.
Tro~
Director of Disaster Services/City Manager
ATTEST:
City Cler
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6
RESOLUTION NO. 2020-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK RATIFYING THE DIRECTOR OF
DISASTER SERVICES’ RESOLUTION PROCLAIMING
THE EXISTENCE OF A LOCAL EMERGENCY DUE TO
THE NOVEL CORONAVIRUS (COVID-19) UNDER
GOVERNMENT CODE SECTION 8630 AND CHAPTER
2.48 OF THE MOORPARK MUNICIPAL CODE
(“EMERGENCY PREPAREDNESS”)
WHEREAS, Government Code Section 8630 authorizes the City Council, or an
official designated by ordinance of the City Council, to proclaim the existence of a local
emergency; and
WHEREAS, Moorpark Municipal Code Section 2.48.060, adopted as Ordinance
No. 89-106, designates the City Manager as the Director of Disaster Services for the
City of Moorpark; and
WHEREAS, pursuant to Moorpark Municipal Code Section 2.48.060.B.1., the
Director of Disaster Services is specifically empowered to proclaim the existence or
threatened existence of a local emergency, as defined in Government Code Section
8558(c), if the City Council is not in session, subject to ratification by the City Council
within seven days thereafter; and
WHEREAS, the Director of Disaster Services did proclaim the existence of a
local emergency within the City of Moorpark on the 13th day of March, 2020 through the
adoption of Resolution No. 2020-3895; and
WHEREAS, the City Council was not in session and could not immediately be
called into session on the date that the Director of Disaster Services made his
proclamation; and
WHEREAS, Government Code Section 8558(c) defines a local emergency, in
relevant part, as “the duly proclaimed existence of conditions of disaster or of extreme
peril to the safety of persons and property within the territorial limits of a county, city and
county, or city, caused by conditions such as…epidemic…or disease, or other
conditions, other than conditions resulting from a labor controversy, which are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of
that political subdivision and require the combined forces of other political subdivisions
to combat…”; and
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19), was first identified in Wuhan City,
Hubei Province, China, and has spread outside of China, impacting more than 75
countries, including the United States; and
7
Resolution No. 2020-_____
Page 2
WHEREAS, since the federal Centers for Disease Control and Prevention
(“CDC”) confirmed the first possible case of community spread of COVID-19 in the
United States on February 26, 2020, there has been a significant escalation of United
States domestic cases and deaths from COVID-19; and
WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency to
exist in California as a result of the threat of COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20,
further proclaiming that “despite sustained efforts, the virus remains a threat, and further
efforts to control the spread of the virus to reduce and minimize the risk of infection are
needed”; and
WHEREAS, on March 12, 2020, Robert Levin, M.D., the Ventura County Health
Officer, declared a local health emergency within the County of Ventura due to COVID-
19; and
WHEREAS, as of March 12, 2020, across the globe, there were more than
130,000 confirmed cases of COVID-19, tragically resulting in more than 4,000 deaths
worldwide; and
WHEREAS, as of March 12, 2020, there were over 1,200 COVID-19 cases
identified in the United States, including over 170 cases in California, and officials
expect the number of cases in California, the United States, and worldwide to increase;
and
WHEREAS, due to the expanding list of countries with widespread transmission
of COVID-19, increasing travel alerts and warnings for countries experiencing sustained
or uncontrolled community transmission issued by the CDC, the escalation of United
States domestic cases of and deaths from COVID-19, and the identification of COVID-
19 cases in California, COVID-19 has created conditions that are or likely to be beyond
the control of local resources and require the combined forces of other political
subdivisions to combat; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and allow for future
reimbursement by the state and federal governments will be critical to successfully
responding to COVID-19; and
WHEREAS, the City Council does hereby find that the above described
conditions of extreme peril did warrant and necessitate the proclamation of the
existence of a local emergency by the Director of Disaster Services.
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Resolution No. 2020-_____
Page 3
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Moorpark that the Resolution Proclaiming the Existence of a Local Emergency Due to
the Novel Coronavirus (COVID-19) Under Government Code Section 8630 and Chapter
2.48 of the Moorpark Municipal Code (“Emergency Preparedness”), as issued by the
Director of Disaster Services, is hereby ratified and confirmed.
BE IT FURTHER RESOLVED that the local emergency shall be deemed to
continue to exist until its termination is proclaimed by the City Council.
PASSED AND ADOPTED this 18th day of March, 2020.
_____________________________________
Janice S. Parvin, Mayor
ATTEST:
________________________________
Ky Spangler, City Clerk
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