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HomeMy WebLinkAboutAGENDA REPORT 2020 0617 CCSA REG JNT DC ITEM 10PCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of June 17, 2020 ACTION Adopted Resolution No. 2020- 3932. BY B.Garza. P. Consider Resolution Confirming Executive Order No. 2020-06, an Order of the Director of Disaster Services Extending Emergency Regulations Related to Residential and Commercial Tenant Evictions. Staff Recommendation: Adopt Resolution No. 2020-3932. (Staff: Troy Brown) Item: 10.P. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Troy Brown, City Manager BY: PJ Gagajena, Assistant City Manager DATE: 06/17/2020 Regular Meeting SUBJECT: Consider Resolution Confirming Executive Order No. 2020-06, an Order of the Director of Disaster Services Extending Emergency Regulations Related to Residential and Commercial Tenant Evictions 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 for 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 an emergency declaration preventing evictions of commercial and residential tenants; an emergency declaration cancelling City Council and board and commission meetings and closing parks and recreation facilities; an emergency declaration suspending certain noise prohibitions for designated food establishments; an emergency declaration authorizing acceptance of credit card transactions over the phone; and an emergency declaration authorizing restaurants to conduct outdoor dining with the issuance of a zoning clearance. 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 Public Health Officer, Dr. Robert Item: 10.P. 430 Honorable City Council 06/17/2020 Regular Meeting Page 2 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 emergency due to COVID-19, under authority of Government Code Section 8630 and Chapter 2.48 of the Moorpark Municipal Code (MMC). On March 16, 2020, the Governor issued Executive Order N-28-20, which suspended "[a]ny provision of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential or commercial evictions" of certain tenants affected by the COVID-19 pandemic. The protections and suspensions provided in Executive Order N-28-20 expired on May 31, 2020. 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. On March 19, 2020, the Director of Disaster Services adopted Executive Order No. 20- 01 to temporarily prohibit residential and commercial evictions due to nonpayment of rent caused by COVID-19 through May 31, 2020. Executive Order No. 20-01 was adopted pursuant to the City's police powers conferred under the California Emergency Services Act and the Governor's Executive Order N-28-20. 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. On March 27, 2020, the Governor issued Executive Order N-37-20 to: (1) extend for a period of 60 days the deadline by when residential tenants affected by COVID-19 must file a response after being served with a summons in an unlawful detainer action; and (2) prohibit the enforcement of a writ to evict a qualifying tenant from a residence or dwelling unit. The protections provided in Executive Order N-37-20 expired on May 31, 2020. On April 6, 2020, the Judicial Council amended the California Rules of Court in response to COVID-19. Subsection (b) of Emergency Rule 1 prohibits a court from issuing a summons on a complaint for unlawful detainer unless the court finds, in its discretion and on the record, that the action is necessary to protect public health and safety. Emergency Rule 1 remains in effect until 90 days after the Governor declares 431 Honorable City Council 06/17/2020 Regular Meeting Page 3 that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council. On May 4, 2020, Governor Newsom 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, known as the Roadmap to Reopening. Consistent with the early Stage Two of the State’s Roadmap to Reopening, on May 8, 2020, Ventura County announced that curb-side retail, manufacturing, and logistics businesses could reopen when following social distancing practices. All businesses authorized to reopen were required to complete risk assessments and implement worksite-specific COVID-19 prevention plans, among other public health measures. On May 29, 2020, the Governor adopted Executive Order N-66-20 to extend by 60 days the tenant protections provided under Executive Order N-28-20, which had previously suspended provisions of state law that preempt the City’s authority to impose substantive limitations on residential or commercial evictions through May 31, 2020. The tenant protections are now allowed to be extended through July 28, 2020. Despite the incremental progress toward reopening City businesses and facilities, the public health emergency caused by COVID-19 and the precautions recommended by health authorities to stop its spread, resulted in tenants in Moorpark experiencing sudden and unexpected income loss. The Governor of the State of California has stated that individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks. Lingering economic impacts are anticipated, leaving tenants vulnerable to eviction. During this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it remains essential to avoid unnecessary housing and commercial tenant displacement, to protect the City’s affordable housing stock, prevent housed individuals from falling into homelessness and to protect the City’s vulnerable businesses. 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.” On June 2, 2020, the Director of Disaster Services issued Executive Order No. 2020-06 to extend the temporary moratorium on residential and commercial evictions due to nonpayment of rent caused by COVID-19. Executive Order 20-06 establishes that if prior to July 28, 2020, the Judicial Council repeals Emergency Rule 1 (“Unlawful 432 Honorable City Council 06/17/2020 Regular Meeting Page 4 Detainers”) of its Emergency Rules Related to COVID-19, a temporary moratorium on eviction for non-payment of rent by residential or commercial tenants impacted by the COVID-19 crisis shall be imposed until the period of local emergency declared in response to COVID-19 concludes, or until July 28, 2020, whichever date is sooner. 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-____ 433 RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK RATIFYING THE DIRECTOR OF DISASTER SERVICES’ EXECUTIVE ORDER NO. 2020-06 EXTENDING EMERGENCY REGULATIONS RELATED TO RESIDENTIAL AND COMMERCIAL TENANT EVICTIONS 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 Public 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 16, 2020, the Governor issued Executive Order N-28-20, which suspended “[a]ny provision of state law that would preempt or otherwise restrict a local government’s exercise of its police power to impose substantive limitations on residential or commercial evictions” of certain tenants affected by the COVID-19 pandemic. However, the protections and suspensions provided in Executive Order N- 28-20 was scheduled to expire on May 31, 2020; 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, 434 Resolution No. 2020-____ Page 2 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 19, 2020, the Director of Disaster Services adopted Executive Order No. 20-01 to temporarily prohibit residential and commercial evictions due to nonpayment of rent caused by COVID-19 through May 31, 2020. Executive Order No. 20-01 was adopted pursuant to the City’s police powers conferred under the California Emergency Services Act and the Governor’s Executive Order N-28-20; 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 WHEREAS, on March 27, 2020, the Governor issued Executive Order N-37-20 to: (1) extend for a period of 60 days the deadline by when residential tenants affected by COVID-19 must file a response after being served with a summons in an unlawful detainer action; and (2) prohibit the enforcement of a writ to evict a qualifying tenant from a residence or dwelling unit. However, the protections provided in Executive Order N-37-20 was scheduled to expire on May 31, 2020; and WHEREAS, on April 6, 2020, the Judicial Council amended the California Rules of Court in response to COVID-19. Subsection (b) of Emergency Rule 1 prohibits a court from issuing a summons on a complaint for unlawful detainer unless the court finds, in its discretion and on the record, that the action is necessary to protect public health and safety. Emergency Rule 1 remains in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council; and 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, known as the Roadmap to Reopening; 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, on May 7, 2020, Dr. Levin adopted a new local public health order entitled “Safely Reopening Ventura County” to address the unique needs of Ventura County in response to COVID-19. The Safely Reopening Ventura County order 435 Resolution No. 2020-____ Page 3 repealed and replaced the April 20 Stay Well At Home order and was scheduled to expire on May 31, 2020; and WHEREAS, on May 19, 2020, Dr. Levin submitted an attestation form to the State Department of Public Health certifying that Ventura County is ready to prevent the spread of COVID-19 and is therefore capable of moving through Stage Two of the Roadmap to Reopening; and WHEREAS, on May 29, 2020, the Governor adopted Executive Order N-66-20 to extend by 60 days the tenant protections provided under Executive Order N-28-20, which had previously suspended provisions of state law that preempt the City’s authority to impose substantive limitations on residential or commercial evictions through May 31, 2020; and WHEREAS, on June 2, 2020, the Director of Disaster Services issued Executive Order No. 2020-06 Extending Emergency Regulations Related to Residential and Commercial Tenant Evictions under the authority provided in Moorpark Municipal Code Section 2.48.060 (C)(1); and WHEREAS, despite the incremental progress toward reopening City businesses and facilities, the public health emergency caused by COVID-19, and the precautions recommended by health authorities to stop its spread, resulted in tenants in Moorpark experiencing sudden and unexpected income loss; and WHEREAS, the Governor of the State of California has stated that individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks; and WHEREAS, lingering economic impacts are anticipated, leaving tenants vulnerable to eviction; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it remains essential to avoid unnecessary housing and commercial tenant displacement, to protect the City’s affordable housing stock, prevent housed individuals from falling into homelessness and to protect the City’s vulnerable businesses; 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 436 Resolution No. 2020-____ Page 4 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 Director of Disaster Services to exercise his authority to issue these regulations related to the protection of the public peace, health, and safety. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Moorpark that Executive Order No. 2020-06 Extending Emergency Regulations Related to Residential and Commercial Tenant Evictions 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. Temporary Moratorium on Evictions. If the condition set forth in Section 2 of this Resolution occurs, then a temporary moratorium on eviction for non- payment of rent by residential or commercial tenants impacted by the COVID-19 crisis is imposed as follows: A. Until the period of local emergency declared in response to COVID-19 concludes, or until July 28, 2020, whichever date is sooner, no landlord shall endeavor to evict a residential or commercial tenant under the following circumstances: 1. The basis for the eviction is nonpayment of rent, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of- pocket medical expenses; and 2. The decrease in household or business income or the out-of-pocket medical expenses described in subsection (1) was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and is documented. B. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above shall not do any of the following: 1. Initiate a cause of action for judicial foreclosure pursuant to Code of Civil Procedure Section 725a et seq.; 2. Initiate a cause of action for unlawful detainer pursuant to Code of Civil Procedure Section 1161 et seq.; 3. Initiate any other statutory cause of action that could be used to evict or otherwise eject a residential or commercial tenant or occupant of residential real property; 437 Resolution No. 2020-____ Page 5 4. Serve a notice to terminate tenancy pursuant to Code of Civil Procedure Section 1161 et seq, to evict for nonpayment of rent; or 5. Otherwise seek to evict for nonpayment of rent. C. A landlord knows of a tenant’s inability to pay rent within the meaning of this Resolution if the tenant, within 30 days after the date that rent is due, notifies the landlord in writing of lost income and inability to pay full rent due to the circumstances set forth in Section 1.A., and provides documentation to support the claim. D. For purposes of this Resolution, “in writing” includes email or text communications to a landlord or the landlord’s representative with whom the tenant has previously corresponded by email or text. Any medical or financial information provided to the landlord shall be held in confidence, and only used for evaluating the tenant’s claim. E. For purposes of this Resolution, the term “commercial” tenant includes any tenant of property lawfully operating a commercial business in the City, including any commercial business lawfully operating in any Commercial or Industrial Zone specified in Sections 17.16.020 or 17.16.030 of the Moorpark Municipal Code. F. Nothing in this Resolution shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency and the tenant must pay within 90 days of the expiration of the local emergency. Ninety days after the end of the emergency if the rent is unpaid, a landlord may charge or collect a late fee for rent that is delayed for the reasons stated in this Resolution; or a landlord may seek rent that is delayed for the reasons stated in this Resolution through the eviction or other appropriate legal process. G. This Resolution applies to evictions and unlawful detainer actions served or filed on or after the date on which a local emergency was proclaimed to exist within the City of Moorpark, March 13, 2020. Nothing in this Resolution is intended to abrogate or limit the tenant obligations and protections that were provided under Executive Order No. 20-01 through May 31, 2020, including the requirement that rent be paid within six months after the end of the City’s local emergency. SECTION 2. Condition Precedent. The provisions of Section 1 of this Resolution shall take effect if prior to July 28, 2020, the Judicial Council repeals Emergency Rule 1 (“Unlawful Detainers”) of its Emergency Rules Related to COVID-19. The provisions of Section 1 of this Resolution shall take effect immediately upon the repeal of Emergency Rule 1. 438 Resolution No. 2020-____ Page 6 SECTION 3. Violations. A. This Resolution shall be punishable as set forth in Government Code Section 8665 and Chapter 1.10 of the Moorpark Municipal Code. Nothing in this Resolution shall be construed to diminish or supersede the provisions of Penal Code Section 396 and the penalties contained therein. B. This Resolution grants a defense in the event that an unlawful detainer action is commenced in violation of this Executive Order. SECTION 4. Term. This Resolution shall remain in effect until the local emergency declared in response to COVID-19 within the City is concluded, or until July 28, 2020, whichever date is sooner. This Resolution 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 Resolution shall be effective immediately as of the date of this Executive Order. SECTION 6. 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 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 7. 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 be given widespread publicity and notice. PASSED AND ADOPTED this 17th day of June, 2020. _____________________________________ Janice S. Parvin, Mayor ATTEST: ________________________________ Ky Spangler, City Clerk Exhibit A: Executive Order 2020-06 439 Resolution No. 2020-____ Page 7 EXHIBIT A CITY OF MOORPARK EXECUTIVE ORDER NO. 2020-06 AN EXECUTIVE ORDER OF THE DIRECTOR OF DISASTER SERVICES OF THE CITY OF MOORPARK EXTENDING EMERGENCY REGULATIONS RELATED TO RESIDENTIAL AND COMMERCIAL TENANT EVICTIONS 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 Public 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 Californ ia 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 16, 2020, the Governor issued Executive Order N-28-20, which suspended "[a]ny provision of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential or commercial evictions" of certain tenants affected by the COVID-19 pandemic . However, the protections and suspensions provided in Executive Order N-28-20 are scheduled to expire on May 31, 2020; 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 440 Resolution No. 2020-____ Page 8 Executive Order No. 2020-06 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 19, 2020, the Director of Disaster Services adopted Executive Order No. 20-01 to temporarily prohibit residential and commercia l evictions due to nonpayment of rent caused by COVID-19 through May 31, 2020. Executive Order No . 20-01 was adopted pursuant to the City's police powers conferred under the California Emergency Services Act and the Governor's Executive Order N-28-20; 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 WHEREAS , on March 27, 2020, the Governor issued Executive Order N-37-20 to: (1) extend for a period of 60 days the deadline by when residentia l tenants affected by COVID-19 must file a response after be ing served with a summons in an unlawful detainer action; and (2) prohibit the enforcement of a writ to evict a qualifying tenant from a residence or dwelling unit. However, the protections provided in Executive Order N-37-20 are scheduled to expire on May 31, 2020; and WHEREAS , on April 6 , 2020, the Judicial Council amended the California Rules of Court in response to COVID-19 . Subsection (b) of Emergency Rule 1 prohibits a court from issuing a summons on a complaint for un la wfu l detainer unless the co urt finds, in its discretion and on the record, that the action is necessary to protect publi c health and safety. Emergency Rule 1 remains in effect until 90 days after the Governo r declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council ; and 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 , known as the Roadmap to Reopening ; and WHEREAS, Executive Order N-60-20 directs the State Public Health Officer to establish criteria for loca l health officers to establi sh and implem e nt public health measures that are less restrictive than measures taken on a statewide basis and to certify such measures; and WHEREAS , on May 7, 2020 , Dr. Levin adopted a new local public hea lth order entitled "Safely Reopening Ventura County" to address the unique needs of Ventura County in response to COVID-1 9. The Safely Reope ning Ventura County order repealed and replaced the April 20 Stay Well At Hom e order and is c urrently sc heduled to expire on May 31 , 2020; and 441 Resolution No. 2020-____ Page 9 Executive Order No. 2020-06 Page 3 WHEREAS , on May 19, 2020, Dr. Levin submitted an attestation form to the State Department of Public Health certifying that Ventura County is ready to prevent the spread of COVID-19 and is therefore capable of moving through Stage 2 of the Roadmap to Reopening ; and WHEREAS, on May 29 , 2020, the Governor adopted Executive Order N-66-20 to extend by 60 days the tenant protections provided under Executive Order N-28-20, which had previously suspended provisions of state law that preempt the City's authority to impose substantive limitations on residential or commercial evictions through May 31, 2020;and WHEREAS, on March 16, 2020, the Governor issued Executive Order N-28-20, which suspended "[a]ny provision of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential or commercial evictions" of certain tenants affected by the COVID-19 pandemic. However, the protections and suspensions provided in Execut ive Order N-28-20 are scheduled to expire on May 31 , 2020; and WHEREAS, despite the incremental progress toward reopening City businesses and facilities, the public health emergency caused by COVID-19 , and the precautions recommended by health authorities to stop its spread, resulted in tenants in Moorpark experiencing sudden and unexpected income loss; and WHEREAS, the Governor of the State of California has stated that individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income , health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, includ ing shelters and food banks; and WHEREAS , lingering economic impacts are anticipated , leaving tenants vulnerable to eviction ; and WHEREAS , during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19 , it remains essential to avoid unnecessary housing and commercial tenant displacement, to protect the City's affordable housing stock, prevent housed individuals from falling into homelessness and to protect the City's vulnerable businesses; and WHEREAS, pursuant to Government Code Section 8634 and Moorpark Municipal Code Section 2.48.060 (C)(1 ), the Moorpark Dire ctor 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 442 Resolution No. 2020-____ Page 10 Executive Order No. 2020-06 Page4 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 Director of Disaster Services to exercise his 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. Temporary Moratorium on Evictions. If the condition set forth in Section 2 of this Executive Order occurs, then a temporary moratorium on eviction for non-payment of rent by residential or commercial tenants impacted by the COVID-19 crisis is imposed as follows: A. Until the period of local emergency declared in response to COVID-19 concludes , or until July 28, 2020, whichever date is sooner, no landlord shall endeavor to evict a residential or commercial tenant under the following c ircumstances: 1. The basis for the eviction is nonpayment of rent , or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses ; and 2. The decrease in household or business income or the out-of-pocket medical expenses described in subsection (1) was caused by the COVID-19 pandemic, or by any local , state, or federal government response to COVlD-19 , and is documented . B. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above shall not do any of the following: 1. Initiate a cause of action for judicial foreclosure pursuant to Code of Civil Procedure Section 725a et seq.; 2. Initiate a cause of action for unlawful detainer pursuant to Code of Civil Procedure Section 1161 et seq .; 3 . Initiate any other statutory cause of action that could be used to evict or otherwise eject a residential or commercial tenant or occupant of residential real property; 4 . Serve a notice to terminate tenancy pursuant to Code of Civil Procedure Section 1161 et seq, to evict for nonpayment of rent; or 5. Otherwise seek to evict for nonpayment of rent. 443 Resolution No. 2020-____ Page 11 Executive Order No. 2020-06 Page 5 C. A landlord knows of a tenant's inability to pay rent within the meaning of this Executive Order if the tenant, within 30 days after the date that rent is due, notifies the landlord in writing of lost income and inability to pay full rent due to the circumstances set forth in Section 1.A., and provides documentation to support the claim. D. For purposes of this Executive Order, "in writing" includes email or text communications to a landlord or the landlord's representative with whom the tenant has previously corresponded by email or text. Any medical or financial information provided to the landlord shall be held in confidence, and only used for evaluating the tenant's claim. E. For purposes of this Executive Order, the term "commercial" tenant includes any tenant of property lawfully operating a commercial business in the City, including any commercial business lawfully operating in any Commercial or Industrial Zone specified in Sections 17.16.020 or 17.16.030 of the Moorpark Municipal Code. F. Nothing in this Executive Order shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency and the tenant must pay within 90 days of the expiration of the local emergency. Ninety days after the end of the emergency if the rent is unpaid, a landlord may charge or collect a late fee for rent that is delayed for the reasons stated in this Executive Order; or a landlord may seek rent that is delayed for the reasons stated in this Executive Order through the eviction or other appropriate legal process . G. This Executive Order applies to evictions and unlawful detainer actions served or filed on or after the date on which a local emergency was proclaimed to exist within the City of Moorpark, March 13, 2020. Nothing in this Executive Order is intended to abrogate or limit the tenant obligations and protections that we re provided under Executive Order No . 20-01 through May 31, 2020, including the requirement that rent be paid within six months after the end of the City's local emergency. SECTION 2. Condition Precedent. The provisions of Section 1 of this Executive Order shall take effect if prior to July 28 , 2020 , the Judicial Council repeals Emergency Rule 1 ("Unlawful Detainers") of its Emergency Rules Related to COVID-19. The provisions of Section 1 of this Executive Order shall take effect immediately upon the repeal of Emergency Rule 1 . SECTION 3. Violations. A. This Executive Order shall be punishable as set forth in Government Code Section 8665 and Chapter 1.10 of the Moorpark Muni cipal Code . Nothing in this Executive Order shall be construed to diminish or supersede the provisions of Penal Code Section 396 and the penalties contained therein . B. This Executive Ord e r grants a defense in the event that an unlawful detainer action is commenced in violation of this Executive Order. 444 Resolution No. 2020-____ Page 12 Executive Order No. 2020-06 Page 6 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 , or until July 28, 2020, whichever date is sooner. 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, shou ld 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 rema ining 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, subdivis ions, sentences, clauses , phrases, or portions thereof be declared inval id or unconstitutional. SECTION 7. Publication. The City Clerk shall certify to the approval of this Executive Order and shal l cause notice of it to be disseminated to the public and be g iven w idespread publicity and notice. APPROVED and ISSUED this 2nd day of June, 2020. Tro r-, City Manager/ Director of Disaster Services ATTEST: 445