HomeMy WebLinkAboutAGENDA REPORT 2020 0408 SPC CC ITEM 09BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 8, 2020
ACTION Adopted Resolution No. 2020-
3898.
BY B.Garza.
B. Consider Resolution Confirming Executive Order No. 2020-03, an Order of the
Director of Disaster Services Suspending Certain Noise Prohibitions for
Designated Food Establishments. Staff Recommendation: Adopt Resolution No.
2020-3898. (Staff: Troy Brown)
Item: 9.B.
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. 2020-03, an
Order of the Director of Disaster Services Suspending Certain Noise
Prohibitions for Designated Food Establishments
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.
Item: 9.B.
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Honorable City Council
04/08/2020 Special Meeting
Page 2
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
emergency due to COVID-19, under authority of Government Code Section 8630 and
Chapter 2.48 of the Moorpark Municipal Code (MMC).
On March 19, 2020, Governor Newsom issued Executive Order N-33-20 ordering all
California residents to stay at their place of residence except as needed to maintain
continuity of operation of critical infrastructure sectors. On March 20, 2020, the Ventura
County Health Officer issued a Stay Well At Home Order to ensure that the maximum
number residents stay in their places of residence to the maximum extent feasible, while
enabling essential service to continue to slow the spread of COVID-19 to the maximum
extent possible.
Under Chapter 2.48 of the MMC the Director of Disaster Services may “make and issue
rules and regulations on matters reasonably related to the protection of life and property
as affected by such emergency; provided, however, such rules and regulations must be
confirmed at the earliest practicable time by the city council.”
The impacts of the Governor’s Executive Order and the Ventura County Health Officer’s
Stay Well At Home order had immediate impacts to local residents and businesses by
ordering that certain businesses close and ordering residents to curtail unessential
travel and activities outside of their homes.
Following these orders, many residents began purchasing goods at a higher rate than
normally would occur in an effort stock their homes with an abundance of products to
presumably sustain their households for longer periods of time. This was not unique to
Moorpark and happened in many communities across the county, state and country. As
a result, grocery stores, restaurants and other retail and non-profit establishments that
provide food (“Food Establishments”) to the public began to face challenges keeping
certain food and goods stocked. Receiving deliveries of food and household items in a
manner to meet the demands of the public became an obvious challenge as shelves
within many Food Establishments lay bare in days immediately following the Governor’s
and County Health Officer’s Orders.
To provide greater opportunities for Food Establishment to restock their inventories, the
Director of Disaster Services issued Executive Order No. 2020-03 on March 24, 2020,
to suspend certain noise prohibitions for designated food establishments. Noise
restrictions on food delivery establishments are enacted within the City of Moorpark to
protect resident quality of life by limiting noises caused by delivery of goods to retail and
food establishments. Specifically, Section 17.53.070(E) prohibits the “loading,
unloading, opening, closing or other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects between the hours of ten (10:00) p.m. and
seven (7:00) am any day of the week in such a manner as to cause a noise disturbance
across a residential property line”.
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Honorable City Council
04/08/2020 Special Meeting
Page 3
With the suspension of certain conditions of approval and the MMC restrictions on
noises associated with delivery of goods at food establishments, such establishments
will have greater ability to restock food and consumables which are vital to the health
and safety of residents. Ratification of Executive Order 2020-03 by the City Council is
required. Approval of this item temporarily suspends certain noise prohibitions and/or
conditions of approval.
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-____
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RESOLUTION NO. 2020-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK RATIFYING THE DIRECTOR OF
DISASTER SERVICES’ EXECUTIVE ORDER NO. 2020-
03 SUSPENDING CERTAIN NOISE PROHIBITIONS FOR
DESIGNATED FOOD ESTABLISHMENTS
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
WHEREAS, on March 20, 2020, the Ventura County Health Officer issued a stay
in place of residence order requiring all persons currently living within Ventura County to
ATTACHMENT
13
Resolution No. 2020-____
Page 2
stay at their residences and to the extent persons are outside of their places of
residence to, at all times as reasonably possible maintain a physical distance of at least
six feet from one another; and
WHEREAS, on March 21, 2020, the Governor issued Executive Order N-35-20 to
suspend any local ordinance, including those relating to noise limitations, that restricts,
delays, or otherwise inhibits the delivery of food products, pharmaceuticals, and other
emergency necessities distributed through grocery stores and other retail or institutional
channels, including, but not limited to, hospitals, jails, restaurants, and schools; and
WHEREAS, grocery stores, restaurants and other retail and non-profit
establishments that provide food (“Food Establishments”) to the public have faced
challenges keeping goods stocked, receiving deliveries of these items in a timely
manner to meet the demands of the public, and ultimately providing these items to the
public; and,
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
WHEREAS, consistent with the Governor’s Executive Order N-35-20, the
Director of Development Services issued Executive Order No. 2020-03 on March 24,
2020, to suspend certain restrictions and prohibitions on loud or disturbing noise
contained in Chapter 17.53 of the Moorpark Municipal Code, while reserving the right to
modify or revoke the Executive Order if it is determined that Food Establishments are
generating unreasonable noise impacts to the surrounding neighborhoods.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Moorpark that Executive Order No. 2020-03 Suspending Certain Noise Prohibitions for
Designated Food Establishments as issued by the Director of Disaster Services, is
hereby ratified and confirmed pursuant to Moorpark Municipal Code Section 2.48.060
and Government Code Section 8634.
BE IT FURTHER RESOLVED THAT THE MOORPARK CITY COUNCIL DOES
HEREBY ORDER AS FOLLOWS:
SECTION 1. Findings. The above described conditions warranted the Director of
Disaster Services to take action to ensure that certain noise restrictions contained in
Moorpark Municipal Code Chapter 17.53 are suspended during the local emergency
caused by the COVID-19 pandemic. The City Council finds that the City’s noise
regulations should not interfere with the ability of Food Establishments to keep goods
stocked, receive deliveries of food and grocery items in a timely manner to meet the
demands of the public, and ultimately provide these items to the public.
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Resolution No. 2020-____
Page 3
SECTION 2. Conflict of Laws. Nothing contained herein is intended to conflict
with any Executive Order issued by the Governor of California, including Executive
Order N-35-20, relating to the regulation of noise applicable to Food Establishments.
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 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 upon
adoption by the City Council.
SECTION 5. Severability. The City Council of the City of Moorpark declares that,
should any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Resolution for any reuse be held invalid or unconstitutional by the decision of any court
to competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Resolution. The City Council hereby declare that it would have adopted
the Resolution and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that nay one or more sections, subsections,
subdivision, 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 S. Parvin, Mayor
ATTEST:
________________________________
Ky Spangler, City Clerk
Exhibit A: Executive Order 2020-03
15
EXHIBIT A
CITY OF MOORPARK EXECUTIVE ORDER NO. 2020-03
AN EXECUTIVE ORDER OF THE DIRECTOR OF
DISASTER SERVICES OF THE CITY OF MOORPARK
SUSPENDING CERTAIN NOISE PROHIBITIONS FOR
DESIGNATED FOOD ESTABLISHMENTS
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 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, on March 20, 2020, the Ventura County Health Officer issued a stay
in place of residence order requiring all persons currently living within Ventura County to
stay at their residences and to the extent persons are outside of their places of
residence to, at all times as reasonably possible maintain a physical distance of at least
six feet from one another; and
Resolution No. 2020-____
Page 4
16
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 including but not limited to social
distancing, staying home if sick, canceling or postponing large group events, working
from home, and other precautions to protect public health and prevent transmission of
this communicable virus; and
WHEREAS, as a result of the public health emergency and the precautions
recommended by health authorities, Moorpark food establishments have experienced
dramatic shortages in their inventories as patrons prepare for home isolation over
unknown periods of time; and
WHEREAS, during this local emergency, and in the interest of protecting the
public health it is essential to have adequate groceries, consumables and household
goods available to meet the near term needs of the community; and
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, grocery stores, restaurants and other retail and non-profit
establishments that provide food ("Food Establishments") to the public have faced
challenges keeping goods stocked, receiving deliveries of these items in a timely
manner to meet the demands of the public, and ultimately providing these items to the
public; and,
WHEREAS, Paragraph E of Section 17.53.070 of the City of Moorpark Municipal
Code imposes noise restrictions between the hours of 10:00 p.m. and 7:00 a.m. with
respect to the loading and unloading of boxes, containers and materials and Chapter
17.53 of the Moorpark Municipal Code contains other prohibitions on noise generation
which further inhibit the ability of Food Establishments to re-supply their inventories and
provide food to the public.
NOW, THEREFORE, THE DIRECTOR OR DISASTER SERVICES OF THE
CITY OF MOORPARK DOES HEREBY ORDER AS FOLLOWS:
SECTION 1. Noise Restrictions Temporarily Exempted for Food
Establishments: The restrictions and prohibitions on loud or disturbing noise contained
in Section 17.53.050 ("Disturbing Noises Prohibited"), Section 17.53.060 ("Noise
Measurement Procedure"), Subsection E of Section 17.53.070 ("Prohibited Acts"),
Section 17.53.080 ("Exterior Noise Limits -Sound Levels by Receiving Land Use
Districts"), and 17.53.090 ("Interior Noise Limits") (collectively, the "Noise Restrictions")
of the Moorpark Municipal Code, and any City-imposed condition of approval on a
specific Food Establishment that requires a similar restriction to the "Noise Restrictions,"
are hereby suspended as applied to Food Establishments engaged in receiving,
preparing, processing, selling, or delivering food, produce, and other groceries.
Resolution No. 2020-____
Page 5
17
SECTION 2. Limitation on Unreasonable Noise. During the temporary
suspension of the Noise Restrictions, Food Establishments are encouraged to use care
when engaging in activities that may create loud noise because many City residents are
currently subject to the Health Officer's stay in place of residency order. The Director of
Disaster Services may modify or revoke this Executive Order if it is determined that
Food Establishments are generating unreasonable noise impacts to surrounding
neighborhoods.
SECTION 3. 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 4. Effective Date. This Executive Order shall be effective
immediately as of the date of this Executive Order.
SECTION 5. 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 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 6. 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 24th day of March, 2020.
ATTEST:
Ky Sp~ftcWef
Resolution No. 2020-____
Page 6
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