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HomeMy WebLinkAboutRES CC 2020 3908 2020 0513RESOLUTION NO. 2020-3908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK TO REINSTATE REGULAR MEETINGS OF THE CITY COUNCIL AND OTHER BOARDS AND COMMISSIONS; PERMIT THE USE OF THE CITY OF MOORPARK DOG PARK AND TENNIS AND PICKLE BALL COURTS WHEN EXERCISING SOCIAL DISTANCING PRACTICES; AND RESCIND THE DIRECTOR OF DISASTER SERVICES' EXECUTIVE ORDER NO. 2020-02 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; 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, Dr. Robert Levin, M.D., the Ventura County Health Officer, initially 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 public health 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; and WHEREAS, on March 18, 2020, Governor Newsom issued Executive Order N- 29-20 to suspend certain provisions of the Brown Act in order to allow local governments to hold public meetings exclusively via electronic means and to make those public meetings electronically accessible to all members of the public. Resolution No. 2020-3908 Page 2 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 Dr. Levin issued a "Stay Well at Home" 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. On April 20, 2020, Dr. Levin amended and extended the County's Stay Well at Home order until May 15, 2020; and; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it continues to be important to prevent public gatherings wherever possible; and WHEREAS, pursuant to Government Code Section 8634 and Moorpark Municipal Code Section 2.48.060 (C)(1 ), on March 20, 2020 the Moorpark 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 skate park located at Poindexter Park, the City of Moorpark Dog Park located at College View Park, all tennis and pickle ball courts at City parks, and park and recreation centers within the City during the local emergency; and WHEREAS, on April 8, 2020, the City Council ratified Executive Order No. 2020- 02; and WHEREAS, the City Council no longer believes it is necessary to cancel regular meetings of the City Council and City boards and commissions because such regular meetings can be held safely in accordance with good social distancing practices on an electronic platform; and WHEREAS, the City Council finds that the public interest is best served by conducting meetings of the City Council and City boards and commissions at their regularly scheduled dates and times, in accordance with the Brown Act and the Governor's Executive Order N-29-20, as may be amended from time to time; and WHEREAS, Dr. Levin's April 20, 2020, Stay Well at Home order declares that outdoor activities, such as tennis, pickle ball, walking, hiking, running, and bicycling, are an "essential activity," provided that persons comply with social distancing requirements when engaged in these outdoor activities; and Resolution No. 2020-3908 Page 3 WHEREAS, on May 4, 2020, the Governor issued Executive Order N-60-20 declaring that the State would soon be moving to allow lower-risk businesses and spaces to reopen under Stage Two of his plan to reopen the State in four phases; and WHEREAS, Executive Order N-60-20 directs the State Public Health Officer to establish criteria for local health officers to establish and implement public health measures that are less restrictive than measures taken on a statewide basis and to certify such measures; and WHEREAS, the City Council desires to follow all applicable public health measures adopted by the Ventura County Public Health Officer, State Public Health Officer, and the Governor as it seeks to return the City to normal operations, while protecting the public health to the greatest extent possible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Regular Meetings of the City Council and City Boards and Commissions. All regular meetings of Moorpark City Council and Moorpark City boards and commissions, including meetings of the Arts Commission, Library Board, Parks & Recreation Commission, and Planning Commission, shall resume as of June 1, 2020, and be held at their regularly scheduled date, time, and place in accordance with the Brown Act and the Governor's Executive Order N-29-20, as may be amended from time to time. SECTION 2. Partial Opening of Parks and Recreational Facilities. A. The City's reopening to the public of the City of Moorpark Dog Park located at College View Park and all tennis and pickle ball courts at City parks that occurred on April 22, 2020 at 8:00 A.M. is hereby confirmed and ratified, provided that all users of these facilities strictly comply with the social distancing requirements set forth in the Ventura County Public Health Officer's April 20, 2020 Stay Well at Home Order, as may be amended from time to time, which currently includes the following requirements: (1) maintain at least a six-foot physical distance from other persons; (2) use of facility is limited to members of a single household or living unit; (3) wash hands with soap and water for at least 20 seconds or use hand sanitizer as frequently as possible, cover coughs or sneezes (into the sleeve or elbow, not hands); (4) regularly clean high-touch surfaces; and (5) do not shake hands. B. The City of Moorpark Skate Park located at Poindexter Park, and all other park and recreation centers within the City will remain closed until the City's Director of Disaster Services, based on the Governor's Executive Orders that provide for a staged reopening of public facilities and guidance from the Ventura County Health Officer, allows one or more of these facilities to reopen or the local emergency declared in response to COVID-19 concludes, whichever occurs sooner. No members of the public shall enter any of these park and recreation facilities unless and until they are reopened for public use. Resolution No. 2020-3908 Page 4 SECTION 3. Rescission of Executive Order 2020-02. Executive Order No. 2020-02 is hereby rescinded in its entirety and shall have no further force or effect. SECTION 4. 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 5. 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 6. Effective Date. This resolution shall be effective immediately as of the date of this resolution. SECTION 7. 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 8. Publication. The City Clerk shall certify to the approval of this resolution and shall cause notice of it to be disseminated to the public and be given widespread publicity and notice. Further, the City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED and ADOPTED this 13th day of May, 2020. ATTEST: Resolution No. 2020-3908 Page 5 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 Resolution No. 2020-3908 Page 6 Executive Order 2020-02 Page 2 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 Resolution No. 2020-3908 Page 7 Executive Order 2020-02 Page 3 this Executive Order and each section, subsection, subdivision, sente nce, clau se, phrase , or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisi o n s. sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. Publication. The City Clerk shall certify to the approva l of thi s Executive Order and shall cause notice of it to be disseminated to the public and be give n widespread publicity and notice. APPROVED and ISSUED this 20th day of March, 2020. ATTEST: KySp~~r= ~-- Troy Brown, City Manager/ Director of Disaste r Services Resolution No. 2020-3908 Page 8 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK SS. I, Ky Spangler, City Clerk of the City of Moorpark, California , do hereby certify under penalty of perjury that the foregoing Resolution No. 2020-3908 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 13th day of May, 2020, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin None None None WITNESS my hand and the official seal of said City this 13th day of May, 2020. (seal)