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HomeMy WebLinkAboutAGENDA REPORT 2020 0408 SPC CC ITEM 09ACITY OF MOORPARK, 
CALIFORNIA City Council Meeting of April 8, 2020 ACTION Adopted Resolution No. 2020- 3897. BY B.Garza. A. Consider Resolution Confirming Executive Order No. 2020-02, an Order of the Director of Disaster Services Cancelling All Regular City Council and Commission Meetings, and the Closure of Certain City Parks and Recreation Facilities. Staff Recommendation: Adopt Resolution No. 2020-3897. (Staff: Troy Brown) Item: 9.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Troy Brown, City Manager DATE: 04/08/2020 Special Meeting SUBJECT: Consider Resolution Confirming Executive Order No. 2020-02, an Order of the Director of Disaster Services Cancelling All Regular City Council and Commission Meetings, and the Closure of Certain City Parks and Recreation Facilities BACKGROUND A local emergency was proclaimed by the City Council on March 18, 2020, caused by the Coronavirus (COVID-19) pandemic. 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. Following the declaration of the emergency the City Manager, serving as the Director of Disaster Services, the City swiftly took additional steps to provide for the health, safety, and property of residents in the midst of the COVID-19 pandemic. These steps included emergency declarations to suspend delivery hour restrictions set forth for food establishments, an emergency declaration preventing evictions in commercial and residential units, and an emergency declaration cancelling City Council and board and commission meetings and closing parks and recreation facilities. These actions are required to be ratified by the City Council. DISCUSSION On March 4, 2020, Governor Newson declared an emergency in the State of California to protect the health and safety of Californians from the rapid spread of the COVID-19 virus. 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 existed in the County of Ventura. On March 13, 2020, the City Manager, serving in his capacity of Director of Disaster Services signed Resolution No. 2020-3895 proclaiming the existence of a local Item: 9.A. 1 Honorable City Council 04/08/2020 Special Meeting Page 2 emergency due to COVID-19, under authority of Government Code Section 8630 and Chapter 2.48 of the Moorpark Municipal Code (MMC). Shortly thereafter, on March 16, 2020, the California Department of Public Health issued COVID-19 public health guidance related to self-isolation for older adults and those who have elevated risks, to further strengthen measures to address the state of emergency caused by the COVID-19 pandemic. This action was followed by the Ventura County Health Officer issuing an order to close many types of businesses, including bars and nightclubs that do not serve food, movie theatres, live performance venues, bowling alleys, arcades, gyms, fitness centers, aquatic centers, wineries, breweries, and tap rooms through April 1, 2020. The Health Officer’s Order was recently extended through April 19, 2020. The Centers for Disease Control and Prevention, the California Department of Public Health, and the Ventura County Health Officer have all issued recommendations and/or orders emphasizing the importance of limiting person-to-person contact to protect public health and prevent transmission of this communicable virus, including by practicing social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions. As a result of these orders, the City of Moorpark has implemented social distancing measures for staff and at facilities accessible to the public which attract gatherings of 10 or more people. To comply with the aforementioned orders, the City has closed its Public Library, cancelled recreational activities and classes, closed the Active Adult Center, postponed or cancelled numerous special events, implemented telecommuting capabilities among staff (where possible), closed City Hall, tennis courts, pickleball courts and the skate park in an effort to harden social distancing and combat COVID- 19. The City continues to provide essential services that facilitate construction, life- safety, administrative and infrastructure maintenance. Regular meetings of city boards and commissions occur to make meetings available to the public to participate in the democratic process on a number of policy issues. During the COVID-19 pandemic, residents are asked to self-isolate and not gather in groups of 10 or more. This has had a significant impact on the daily operations of the City due to a number of staff not being physically present in the building while the City shifts its focus to essential services. Due to the variety of self-isolate orders that remain in place, a restructuring of City operations and to promote social distancing among the variety of boards and commissions, the City Manager, in his capacity of Director of Disaster Services cancelled all regular public meetings held by the City Council and boards and commissions until such time that Ventura County’s Stay Well At Home order is lifted. In addition, staff quickly acquired the appropriate hardware and software programs to conduct City Council meetings virtually. 2 Honorable City Council 04/08/2020 Special Meeting Page 3 Special meetings of the City Council and any board or commission are called when essential or regulatory items of significance are present which require policy input or legislative approval. Ratification of Executive Order 2020-02 by the City Council is required. Approval of this item cancels all regular City Council, Board and Commission meetings and affirms the closure of certain public parks and facilities. 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: Draft Resolution No. 2020-____ 3 RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK RATIFYING THE DIRECTOR OF DISASTER SERVICES’ EXECUTIVE ORDER NO. 2020- 02 CANCELLATION OF ALL REGULAR CITY COUNCIL, BOARD AND COMMISSION MEETINGS, AND THE CLOSURE OF CERTAIN CITY PARKS AND RECREATION FACILITIES WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California initially 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; 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, 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; and WHEREAS, also on March 13, 2020, the City Manager of the City of Moorpark, acting as its Director of Disaster Services, proclaimed a local emergency within the City of Moorpark on account of the COVID-19 pandemic; and WHEREAS, on March 16, 2020, the California Department of Public Health issued COVID-19 public health guidance related to self-isolation for older adults and those who have elevated risks, to further strengthen measures to address the state of emergency caused by the COVID-19 pandemic; and WHEREAS, on March 17, 2020, Dr. Levin issued a “stay well at home” order to close many types of businesses, including bars and nightclubs that do not serve food, movie theatres, live performance venues, bowling alleys, arcades, gyms, fitness centers, aquatic centers, wineries, breweries, and tap rooms through April 1, 2020, which was subsequently extended to April 19, 2020 by subsequent order issued on March 31, 2020; and WHEREAS, on March 18, 2020, the City Council of Moorpark adopted a resolution to ratify the Director of Disaster Services’ Proclamation of a local emergency within the City of Moorpark; and 4 ATTACHMENT 4 Resolution No. 2020-____ Page 2 WHEREAS, based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the Ventura County Health Officer have all issued recommendations and/or orders emphasizing the crucial importance of limiting person-to-person contact to protect public health and prevent transmission of this communicable virus, including by practicing social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions; and WHEREAS, on March 19, 2020, the Ventura County Health Officer issued a shelter in place order requiring that all persons currently living within Ventura County to stay at their residences and to the extent persons are outside of their places of residency to, at all times as reasonably possible maintain a physical distance of at least six feet from one another; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to prevent public gatherings wherever possible; WHEREAS, pursuant to Government Code Section 8634 and Moorpark Municipal Code Section 2.48.060 (C)(1), the Moorpark Director of Disaster Services has the authority to make and issue rules and regulations related to the protection of life and property as affected by the COVID-19 pandemic; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and; and WHEREAS, on March 20, 2020, the Director of Disaster Services issued Executive Order No. 2020-02 to cancel all regular meetings of the City Council and other City boards and commissions during the pendency of the local emergency declared in response to the COVID-19 pandemic. In addition, Executive Order No. 2020-02 temporarily closed the City of Moorpark skatepark located at Poindexter Park, the City of Moorpark Dog Park located at Campus College View Park, all tennis and pickleball courts at City parks, and park and recreation centers within the City during the local emergency. WHEREAS, in the interest of public peace, health, and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary for the City Council to exercise its authority to ratify and confirm the Executive Order for the protection of the public peace health, and safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOVLE AS FOLLOWS: SECTION 1. Cancellation of Regular Meetings of the City Council and City Boards and Commissions and Closure of Parks and Recreational Facilities . Executive Order No. 2020-02, attached hereto as Exhibit A, to cancel all regular City Council, Board, and Commission meetings, and to close certain City parks and recreational 55 Resolution No. 2020-____ Page 3 facilities including the skatepark, dog park and all tennis and pickleball courts until the period of local emergency that has been declared in response to COVID-19 concludes, is hereby ratified and confirmed pursuant to Moorpark Municipal Code Section 2.48.060 and Government Code Section 8634. SECTION 2. Violations. A violation of this resolution shall be punishable as set forth in Government Code Section 8665 and Chapter 1.10 of the Moorpark Municipal Code. SECTION 3. Term. This resolution shall remain in effect until the local emergency declared in response to COVID-19 within the City is concluded. This resolution may also be extended or superseded during the period of local emergency by a duly enacted resolution or ordinance of the City Council or by a further Order by the Director of Disaster Services. SECTION 4. Effective Date. This resolution shall be effective immediately as of the date of this resolution. SECTION 5. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have adopted this resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Publication. The City Clerk shall certify to the adoption of this resolution, shall cause a certified resolution to be filed in the book of resolutions, and shall cause notice of it to be disseminated to the public and given widespread publicity and notice. PASSED and ADOPTED this 8th day of April, 2020. ________________________________ Janice Parvin, Mayor ATTEST: __________________________________ Ky Spangler, City Clerk Exhibit A: Executive Order 2020-02 66 EXHIBIT AResolution No. 2020-____ Page 4 CITY OF MOORPARK EXECUTIVE ORDER NO. 2020-02 AN EXECUTIVE ORDER OF THE DIRECTOR OF DISASTER SERVICES OF THE CITY OF MOORPARK IMPOSING EMERGENCY REGULATIONS RELATED TO THE CANCELLATION OF ALL REGULAR CITY COUNCIL, BOARD AND COMMISSION MEETINGS, AND THE CLOSURE OF CITY CERTAIN PARKS AND RECREATION FACILITIES WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"); and WHEREAS, on March 4, 2020, the Governor of the State of California initially 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; 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, 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; and WHEREAS, also on March 13, 2020, the City Manager of the City of Moorpark, acting as its Director of Disaster Services, proclaimed a local emergency within the City of Moorpark on account of the COVID-19 pandemic; and WHEREAS, on March 16, 2020, the California Department of Public Health issued COVID-19 public health guidance related to self-isolation for older adults and those who have elevated risks, to further strengthen measures to address the state of emergency caused by the COVID-19 pandemic; and WHEREAS, on March 17, 2020, the Ventura County Health Officer issued an order to close many types of businesses, including bars and nightclubs that do not serve food, movie theatres, live performance venues, bowling alleys, arcades, gyms, fitness centers, aquatic centers, wineries, breweries, and tap rooms through April 1, 2020; and WHEREAS, on March 18, 2020, the City Council of Moorpark adopted a resolution to ratify the Director of Disaster Services' Proclamation of a local emergency within the City of Moorpark; and WHEREAS, based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the Ventura County Health Officer have all issued recommendations and/or orders emphasizing the crucial importance of limiting person- to-person contact to protect public health and prevent transmission of this communicable virus, including by practicing social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions; and 77 Resolution No. 2020-____ Page 5 WHEREAS, on March 19, 2020, the Ventura County Health Officer issued a shelter in place order requiring that all persons currently living within Ventura County to stay at their residences and to the extent persons are outside of their places of residency to, at all times as reasonably possible maintain a physical distance of at least six feet from one another.; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to prevent public gatherings wherever possible; WHEREAS, pursuant to Government Code Section 8634 and Moorpark Municipal Code Section 2.48.060 (C)(1 ), the Moorpark Director of Disaster Services has the authority to make and issue rules and regulations related to the protection of life and property as affected by the COVID-19 pandemic; and WHEREAS, in the interest of public peace, health, and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary for the City Council to exercise its authority to issue these regulations related to the protection of the public peace health, and safety. NOW, THEREFORE, THE DIRECTOR OR DISASTER SERVICES OF THE CITY OF MOORPARK DOES HEREBY ORDER AS FOLLOWS: SECTION 1. Cancellation of Regular Meetings of the City Council and City Boards and Commissions. Until the period of local emergency that has been declared in response to COVID-19 concludes, all regular meetings of Moorpark City Council and Moorpark City Boards and Commissions are cancelled, including but not limited to, meetings of the City Council, Arts Commission, Library Board, Parks & Recreation Commission, and Planning Commission. SECTION 2. Closure of Parks and Recreational Facilities. Until the period of local emergency is declared in response to COVID-19 concludes, the City of Moorpark Skate park located at Poindexter Park, the City of Moorpark Dog Park located at Campus College View Park, all tennis and pickle ball courts at City parks, and park and recreation centers within the City will be closed. No members of the public shall enter any of the facilities within this section or recreational facility that is closed by this order. SECTION 3. Violations. This Executive Order shall be punishable as set forth in Government Code Section 8665 and Chapter 1.10 of the Moorpark Municipal Code. SECTION 4. Term. This Executive Order shall remain in effect until the local emergency declared in response to COVID-19 within the City is concluded. This Executive Order may also be extended or superseded during the period of local emergency by a duly enacted Ordinance of the City Council or by a further Order by the Director of Disaster Services. SECTION 5. Effective Date. This Executive Order shall be effective immediately as of the date of this Executive Order. SECTION 6. Severability. The Director of Disaster Services declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Executive Order for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Executive Order. The Director Disaster Services hereby declares that it would have adopted 88 Resolution No. 2020-____ Page 6 this Executive Order and each section, subsection, subdivision, sentence , clause, phrase , or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases , or portions thereof be declared invalid or unconstitutional. SECTION 7. Publication. The City Clerk shall certify to the approval of this Executive Order and shall cause notice of it to be disseminated to the public and be given widespread publicity and notice. APPROVED and ISSUED this 20th day of March, 2020. ATTEST: KySp~~f= Troy Brown, City Manager/ Director of Disaster Services 99