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HomeMy WebLinkAbout2020-03-17 (Emergency) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Upper Level of South Parking Lot, outside 2nd floor entrance Englewood, CO 80110 AGENDA City Council Emergency Meeting Tuesday, March 17, 2020 ♦ 5:30 PM This is an Emergency Meeting to discuss the COVID-19 Virus Response. 1. Call to Order 2. Roll Call 3. Emergency Declaration for the City of Englewood a. Emergency Ordinance CB 12 - Emergency Ord Covid 19 4. Emergency Preparedness/City Council Meeting Participation Policy a. Emergency Preparedness/City Council Meeting Participation Policy Policy 5. Adjournment Page 1 of 8 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 12 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER _____________ BILL FOR AN EMERGENCY ORDINANCE CONCERNING THE CORONAVIRUS (COVID-19) PUBLIC HEALTH EMERGENCY WHEREAS, on March 10, 2020 Jared Polis, the Governor of the State of Colorado, declared a statewide state of emergency in response to coronavirus (COVID-19); WHEREAS, the World Health Organization has declared the coronavirus (COVID-19) to be a worldwide pandemic; WHEREAS, the coronavirus (COVID-19) has been confirmed to exist in Denver County, Arapahoe County and Jefferson County; WHEREAS, the Englewood City Council confirms that the public health of the citizens of Englewood is the City Council’s top priority; WHEREAS, the Englewood City Council is empowered by Section 31-15-401(1)(b) C.R.S., to do all acts and make all regulations which may be necessary or expedient for the promotion of health or suppression of disease; WHEREAS, the Englewood City Council finds and determines that the adoption of this ordinance is necessary for the promotion of health and the suppression of disease; WHEREAS, the Englewood City Council finds and determines that the adoption of this ordinance is proper under Section 31-15-401(1)(b), C.R.S. and other applicable laws; and WHEREAS, the Englewood City Charter, Section 41 provides for the passage and immediate enacting of emergency ordinances necessary for the immediate preservation of public property, health, peace, or safety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known and may be cited as the City or Englewood Coronavirus (COVID-19) Ordinance. Section 2. Intent. It is the intent of this ordinance to provide the necessary organization, powers, and authority to enable the timely and effective use of all available City resources to prepare for, respond to, and recover from the declared local public health emergency. This ordinance is intended to grant as broad a power as is permitted within the letter and spirit of section 41 of the City Charter and the Council-Manager form of government, and this ordinance shall be interpreted in accordance with such intent. The City Council retains the power to direct the City Manager during the pendency of the current coronavirus (COVID-19) public health emergency. Page 2 of 8 2 Section 3. Public Health Emergency Declared. The City Council hereby declares that a public health emergency relating to the coronavirus (COVID-19) exists within the City. Such circumstance is referred to in this ordinance as the “public health emergency.” The public shall be notified of this declaration through general dissemination to the news media, posting on the City website, or other means of publicity intended to advise the general public. Section 4. Duration of Declaration of Public Health Emergency. The declaration of the public health emergency as provided in Section 3 of this ordinance shall remain in effect until the City Council declares that the emergency has passed. Section 5. Powers: Until the City Council declares that the public health emergency has passed the City Manager has full power and authority to take the following actions and issue the following orders: (a) any action necessary for the protection of life and property, including, but not limited to, establishing regulations governing conduct related to the cause of the public health emergency; (b) an order establishing a curfew during such hours of the days or nights and affecting such categories of persons as may be designated in accordance with direction from the State and/or Federal governments; (c) an order to direct and compel the evacuation of all or a part of the population from any stricken or threatened areas within the City if the City Manager deems this action is necessary for the preservation of life, property or other public health emergency mitigation, response or recovery activities and to prescribe routes, modes of transportation and destination in connection with an evacuation; (d) an order controlling, restricting, allocating or regulating the use, sale, production or distribution of food, water, clothing, and other commodities, materials, goods, services and resources; (e) an order requiring the closing of businesses deemed nonessential by the City Manager, following consultation with the City Council; (f) to suspend City board and commission meetings to include, but not be limited to, meetings of the Planning Commission, Board of Adjustment and Appeals, Liquor and Marijuana Licensing Authority, or modify meeting rules to allow for telephone, teleconferencing or meeting by other electronic means; (g) to appropriate and expend funds, execute contracts, authorize the obtaining and acquisition of property, equipment, services, supplies and materials in compliance with procurement regulations or procedures where possible; (h) transfer the direction, personnel, or functions of City departments and agencies for the purposes of performing or facilitating public health emergency services; (i) utilize all available resources of the City as may be reasonably necessary to cope with this public health emergency whether in preparation for, response to, or recovery from this public health emergency; (j) accept services, gifts, grants and loans, equipment, supplies, and materials whether from private, nonprofit or governmental sources related to the City’s response to this emergency; (k) to make application for local, state or federal assistance; (l) to terminate or suspend any process, operation, machine, device or event that is or may negatively impact the health, safety and welfare of persons or property within the City; (m) delegate authority to such City officials as the City Manager determines reasonably necessary or expedient; (n) limit the use of any City-owned building, facility, or property as to time, manner, and permitted activities, including, but not limited to, limiting the permissible number of people that may lawfully occupy such building, facility, or property at any one time; Page 3 of 8 3 (o) close and prohibit the use of any City-owned building, facility, or property; (p) exercise such powers and functions in light of the exigencies of this public health emergency, including, but not limited to, the waiving of compliance with any time-consuming procedures and formalities, including notices, as may be prescribed by law pertaining thereto; and (q) issue any and all other orders or undertake such other functions and activities as the City Manager reasonably believes is required under the circumstances to protect the health, safety, welfare of persons or property within the City of Englewood, or to otherwise preserve the public peace or abate, clean up, or mitigate the effects of the public health emergency. The restrictions imposed in accordance with the above list of authorizations may be changed from time to time during the term of this emergency ordinance upon the discretion of the City Manager, and the changing needs of the community. Section 6. Enforcement of Orders: (a) The members of the City’s Police Department, code enforcement, and such other law enforcement and peace officers as may be authorized by the City Manager are herby authorized and directed to enforce the orders, rules, and regulations made or issued pursuant to this ordinance. All members of the public shall be deemed to have been given notice of all orders, rules, and regulations made or issued pursuant to this ordinance upon their dissemination to the news media or publication on the City website. Additional means of publicity will be utilized as are available. (b) Until the City Council declares that the public health emergency has passed, no person shall: (1) enter or remain upon the premises of any establishment not open for business to the general public, unless such person is the owner or authorized agent of the establishment. (2) violate the provisions of this ordinance. (3) violate any of the orders duly issued by the City Manager or designee pursuant to1 Section 5 of this ordinance. (4) willfully obstruct, hinder, or delay any duly authorized City officer, employee or volunteer in the enforcement or exercise of the provisions of this ordinance, or of the undertaking of any activity pursuant to this ordinance. (c) It is unlawful and a misdemeanor offense for any person to violate any provision of this Section 6. Any person convicted of a violation of this section shall be subject to the 2 penalties set forth in section 1-4-1 of the Englewood Municipal Code. Section 7. Authority To Enter Property: During the period of the public health emergency, a City employee or authorized agent may enter onto or upon private property if the employee or authorized agent has reasonable grounds to believe that there is a true emergency and an immediate need for assistance for the protection of life or property, and that entering onto the private land will allow the person to take such steps to alleviate or minimize the emergency or disaster or to prevent or minimize danger to lives or property from the declared public health emergency. Section 8. City Council Meetings and Departments: (a) For the duration of the public health emergency, the City Council may meet in accordance with their duly approved electronic meeting policy. Additionally, if a City Council member reasonably determines that his or her personal attendance at an in-person City Council meeting would not be prudent, such Council member may listen by telephone, video conferencing, or other electronic means to any Council meeting (“Electronic Participation”). Such Council member listening via telephone or other electronic means shall be deemed present for purposes of determining a quorum. The member of City Council may not participate nor vote in a Page 4 of 8 4 quasi-judicial public hearing; however, the Council member may maintain the electronic connection and monitor and listen to the hearing. The member of City Council may participate and vote in legislative matters. Electronic Participation is also available to a City Council member during an executive session. The City Council may discontinue the use of Electronic Participation by one or more members during a meeting where the participation results in delays or interference in the meeting process; e.g., where the telephone connection or connection by other electronic means is repeatedly lost, the quality of the connection is unduly noisy or otherwise problematic to the conduct of the meeting, or the listening member is unable to hear speakers using a normal speaking voice amplified to a level suitable for the meeting audience in attendance. Whenever a City Council member is allowed to participate in a City Council meeting by telephone or other electronic means pursuant to this Rule, the following additional rules shall be observed: (1) All members of the City Council must be able to hear one another or otherwise communicate with one another, and be able to hear all discussion and testimony in a manner designed to provide maximum notice and participation; (2) Members of the public present at the meeting location must be able hear all discussion, testimony, and votes; (3) All votes held at the meeting shall be conducted by roll call. (4) To the extent possible, full and timely notice shall be given to the public setting advising that one or more members of the City Council may participate in the meeting electronically. (5) Participation in a regular City Council meeting by telephone or other electronic means in accordance with this Rule shall not be considered to be a “failure to attend” a regular Council meeting for determining whether a vacancy in the office of the Mayor or a Council member has occurred. (b) Whenever the public health emergency makes it imprudent or impossible for City Council to meet at a previously scheduled date and time, such meeting shall be deemed to be postponed until a quorum of the City Council is able to meet either in-person or electronically. (c) Any official act or meeting required to be performed at any regular location of the City Council is valid when performed at any temporary location under this section. (d) The provisions of this section shall apply to all executive, legislative, and judicial branches, powers and functions conferred upon the City and its officers, employees, and authorized agents by the Colorado Constitution, Colorado Statutes, the City of Englewood Charter, and the City of Englewood Municipal Code. Section 9. Access to Tabor Funds: During the current public health emergency the City Manager shall have access to the City’s emergency funds mandated by the Taxpayer’s Bill of Rights (TABOR) as set forth in Article X, Section 20, Subsection (5) of the Colorado Constitution, entitled “Emergency reserves.” Funds utilized pursuant to this ordinance shall be replenished no later than the conclusion of the fiscal year following the end of the current public health emergency. Section 10. Conflict with Other Laws: If any provision of this ordinance conflicts with the City Charter, the City Charter shall control. If any provision of this ordinance conflicts with any provision of the City of Englewood Municipal Code, or any provision of the City Council’s Procedures and Rules of Order, this ordinance shall control. Section 11. Police Power Finding. The City Council hereby finds, determines and declares that this ordinance is necessary and proper to provide for the safety, preserve the health, promote the Page 5 of 8 5 prosperity, and improve the order, comfort and convenience of the City of Englewood and the inhabitants thereof. Section 12. Authority. The City Council hereby finds, determines and declares that it has the power to adopt this ordinance pursuant to the provisions of Section 31-15-401(1)(b) C.R.S., and the powers possessed by home rule municipalities in Colorado. Section 13. Emergency Declaration. The City Council of the City of Englewood hereby finds, determines and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public property, health, welfare, peace or safety for the reasons enumerated in the introductory paragraphs of this ordinance, which are incorporated into this Section 13 by reference. The City Council further determines that the adoption of this ordinance as an emergency ordinance is in the best interest of the citizens of the City of Englewood. Section 15. Effective Date. Pursuant to Section 41 of the Englewood Charter this Ordinance shall take effect and be in full force upon adoption of this ordinance by the affirmative votes of at least five (5) members of the City Council. Section 16. Publication of Ordinance. This ordinance shall be published in full within ten 5 (10) days after adoption, or as soon thereafter as possible, as required by Section 41 of the Englewood Charter. Introduced, read in full, and passed on first reading on the 17th day of March, 2020. Published by Title as a Bill for an Emergency Ordinance on the City’s official website on the 18th day of March, 2020. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Emergency Ordinance introduced, read in full, and passed on first reading on the 17th day of March, 2020. Stephanie Carlile Page 6 of 8 XI. EMERGENCY PREPAREDNESS/CITY COUNCIL MEETING PARTICIPATION A. PURPOSE The purpose of this City Council Policy is to specify the circumstances under which City Council may meet in whole, or in part, through electronic means during times of City identified emergency, crisis, or pandemic. The Mayor, or designee, in consultation with the City Manager, may declare a local health emergency. A health emergency shall be a condition arising from pandemic or extreme local contagion (as identified by the CDC, CDPHE, or TCHD), which immediately endangers the public health, and requires temporary emergency meeting protocols to be instituted. Upon declaration of a local health emergency the provisions of this policy shall be activated. This Policy shall remain in effect until rescinded, or otherwise modified, by the Mayor, or designee, in consultation with the City Manager. When a pandemic, health emergency, or potential health threat is recognized by the CDC, the Colorado Department of Public Health and Environment (CDPHE), or the Tri-County Health Department (TCHD), one or more of those entities will issue guidance on how best to prepare and respond. The City Manager will consider this guidance when deciding whether to temporarily close public buildings, scale back City services, or cancel public meetings and events in order to lessen the spread of the illness. Other factors which may influence the City Manager’s decision include absenteeism rates for the City's internal workforce, and/or temporary closure of the Englewood schools. If City buildings or facilities are closed to the general public, City employees are still required to report to work unless directed to remain at home by the City Manager, or designee, or the employee’s Department Director. The City Manager, or designee, may designate one location with limited access to the general public so that essential City business can continue. B. POLICY In the event a quorum is unable to meet at the day, hour, and place fixed by the rules and procedures of the City Council because meeting in-person is not practical or prudent due to a health pandemic or emergency affecting the City, meetings may be conducted by telephone, electronically, or by other means of communication so as to provide maximum practical notice to the public. Meetings may be held by telephone, electronically, or by other means of communication if all of the following conditions are met: 1. The City Manager, or the Mayor, determines that meeting in person is not practical or prudent, because of a health pandemic or declaration of emergency affecting the City; 2. All members of the City Council can hear one another or otherwise communicate with one another, and can hear or read all discussion and testimony in a manner designed to provide maximum notice and participation; Page 7 of 8 3. Members of the public present at the regular meeting location can hear or read all discussion, testimony and votes, unless not feasible due to the pandemic or emergency; 4. At least one member of the City Council is present at the regular meeting location, unless not feasible due to the pandemic or emergency declaration; 5. All votes are conducted by roll call; 6. Minutes of the meeting are taken and promptly recorded, and such records are open to public inspection; 7. To the extent possible, full and timely notice is given to the public setting forth the time of the meeting, the fact that some members of the City Council may participate by telephone, and methods/means for the public to monitor the meeting either from another location, or electronically; 8. If a meeting can not be simultaneously monitored by members of the public the meeting agenda shall be limited to matters that are critical to the immediate functioning of the City; and 9. Quasi-judicial hearings shall not be conducted unless a full quorum, and all interested parties, are able to meet in person. C. Telephonic or electronic participation shall constitute actual attendance for purposes of establishing a quorum or for any other purpose. D. Electronic Participation by Non-Council Members. Employees of the City who are necessary to the meeting, but do not need to be on premises during the meeting, may participate in a meeting of the Council by telephone or other electronic means. For all other persons, telephonic or electronic participation shall be made available in association with City licensing authority. Page 8 of 8