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Home My WebLink AboutEXECUTIVE ORDER 2020-04 2020 0408CITY OF MOORPARK EXECUTIVE ORDER NO. 2020-04 AN EXECUTIVE ORDER OF THE DIRECTOR OF DISASTER SERVICES OF THE CITY OF MOORPARK AUTHORIZING ACCEPTANCE OF TELEPHONIC CREDIT CARDS FOR CERTAIN TRANSACTIONS IN THE COMMUNITY DEVELOPMENT AND PUBLIC WORKS DEPARTMENTS 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, which was subsequently extended to April 19, 2020 by subsequent order issued on March 31, 2020; and Executive Order No. 2020-04 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 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 WHEREAS, on March 20, 2020 City Hall and many public facilities were closed to the public in an effort to enhance social distancing and to protect the health and well- being of city staff, patrons, residents and visitors to Moorpark; and WHEREAS, during the closure of City Hall, staff has continued to provide essential services to meet the ongoing needs of residents and businesses, particularly those businesses deemed essential by the Homeland Security Cybersecurity & Infrastructure Security Agency, the California Department of Health's list of Essential Critical Infrastructure Workers, California Governor Newsome's Executive Order N-33- 20 and the Ventura County's Stay Well at Home Order; and WHEREAS, during the emergency, in order to maintain continuity of service while enhancing social distancing, it is in the interest of the City to accept payments for a broad range of services telephonically via credit card; and WHEREAS, Policy 5.9 of the City Council Policies outlines the process for Credit Card Acceptance and Processing and limits telephone and mail transactions to services offered by the Arroyo Vista Recreation Center and Library customers only; and WHEREAS, Community Development and Public Works accept payments for a variety of services offered and authorized by section 5.9 of the Policies Resolution, but are currently unable to process credit card payments telephonically; 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; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. Executive Order No. 2020-04 Page 3 NOW, THEREFORE, THE DIRECTOR OR DISASTER SERVICES OF THE CITY OF MOORPARK DOES HEREBY ORDER AS FOLLOWS: SECTION 1. Credit Cards Acceptance of Payments. The City of Moorpark's Community Development and Public Works Departments are authorized to accept payments by telephone for transactions valued up to $5,000 for services outlined in Section 5.9 of the Council Policy Resolution. Credit Card payments for transactions between $5,000 and $10,000 require City Manager approval. The authorized transactions in Section 5.9 of the Council Policy Resolution are as follows: • Parking Citations • Business Registrations/Permits • Zoning Clearances • Encroachment Permits • Residential Building Permits • Home Occupation Permits • Sign/Banner Permits • Non-Residential Plan Checks (tenant improvements, commercial equipment storage and MEP mechanical, electrical and plumbing) • SMIP Fees • NPDES Fees • SB? 43 Building Standards Fees • Imaging Fees • Fines & Penalties (e.g. Social Host, Library Fines and Fees) • Class Registration (e.g. classes and camps) • Security Deposits & Room Rentals • Recreation League Fees • Temporary Use Permits • Event Ticket Sales • First Time Home Buyer Application • Other transaction types approved in writing by the City Manager except for development impact fees. SECTION 2. Processing Credit Card Payments. Staff shall protect the privacy of any credit card payment and follow the guidelines set forth in Section 5.9 of the Council Policy Resolutions for accepting credit card payments. In addition, staff is prohibited from retaining written copies, photocopies, scanned or transposed customer's credit card information in any way and must enter the credit card information into the credit card terminal and confirm the three digit verification code on the back of the card. Upon completion of the telephonic transaction, staff must email or mail the Cashier's receipt and the sales receipt to the Finance Department. Executive Order No. 2020-04 Page 4 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 or resolution 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 of 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 8th day of April, 2020. Tr~ Man a;-r/ Director of Disaster Services ATTEST: KyS ~~~