Loading...
HomeMy WebLinkAbout2020-06-23 (Special) 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. Teleconferenced Englewood, CO 80110 AGENDA City Council Special Tuesday, June 23, 2020 ♦ 6:00 PM I. Call to Order II. Roll Call III. Review and Modify the City Council Policy on Virtual Meetings a. Ordinance No. 010, 2020 - EMERGENCY DECLARATION COVID-19 IV. Executive Session a. Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6402(4)(e); b. Executive Session for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); V. Adjourn Page 1 of 6 BY AUTHORITY ORDINANCENO.10 COUNCIL BILL NO.12 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER STONE 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 (COVlD—I 9)has been con?rmed to exist in Denver County,Arapahoe County and Jefferson County; WHEREAS,the Englewood City Council con?rms 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 3 l —l5—40l(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 ?nds and determinesthat the adoption of this ordinance is necessary for the promotion of health and the suppression of disease; WHEREAS,the Englewood City Council ?nds and determines that the adoption of this ordinance is proper under Section 31-l5—401(l)(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 (COVlD«I 9)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-Managerform 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-I9)public health emergency. Page 2 of 6 Section 3,Public Health Emergency Declared.The City Council hereby declares that a public health emergency relating to the coronavirus (COVlD—l 9)exists within the City.Such circumstanceis referred to in this ordinance as the “public health emergency.”The public shall be noti?ed of this declaration through general disseminationto 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 ordinanceshall remain in effect until the City Council declaresthat 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, followingconsultation with the City Council; (1')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 electronicmeans; (g)to appropriate and expend funds,execute contracts,authorize the obtaining and acquisition of equipment,services,supplies and materials without strict compliance with procurement regulations or procedures; (h)transfer the direction,personnel,or functionsof 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,nonpro?t 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; (rn)delegate authority to such City of?cials as the City Manager determinesreasonably 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 6 (0)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. Dependingupon the changingneeds of the community,the restrictions imposed in accordancewith the above list of authorizationsmay be modi?ed from time to time during the term of this emergency ordinance upon the discretion of the City Manager,under the direction of City Council. 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 disseminationto the news media or publication on the City website.Additional means of publicitywill be utilized as are available. (b)Until the City Council declares that the public health emergency has passed,no person shall: (I)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 to Section 5 of this ordinance. (4)will?illy obstruct,hinder,or delay any duly authorized City officer,employee or volunteerin 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 misdemeanoroffense 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.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 determinesthat 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 (“ElectronicParticipation").Such Council memberlistening 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 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 Page 4 of 6 ampli?ed 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 determiningwhether 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—personor 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 ?mctions 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 8.Access to Tabor F unds:During the current public health emergency the City Manager shall have access to the City’s emergency ?mds 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 9.Con?ict with Other Laws:If any provision of this ordinance con?icts with the City Charter,the City Charter shall control.If any provision of this ordinance con?icts 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 10.Police Power Finding.The City Council hereby ?nds,determines and declares that this ordinance is necessary and proper to provide for the safety,preserve the health,promote the prosperity,and improve the order,comfort and convenienceof the City of Englewoodand the inhabitants thereof. Section l 1.Authority.The City Council hereby ?nds,determinesand declaresthat it has the power to adopt this ordinance pursuant to the provisions of Section 3l—15—40l(l)(b)C.R.S.,and the powers possessed by home rule municipalities in Colorado. Section l2.Emergency Declaration.The City Council of the City of Englewood hereby ?nds, 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 4 Page 5 of 6 Section 13 by reference.The City Council further determines that the adoption of this ordinanceas an emergency ordinance is in the best interest of the citizens of the City of Englewood. Section 13.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 f1ve(5)members of the City Council. Section 14.Publication of Ordinance.This ordinance shall be published in ?ill within ten 5 (10) days a?er 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 17"‘day of March,2020. Published in full as a Bill for an Emergency Ordinance on the City’s official website on the 13'“day of March,2020. Read by Title and passed on ?nal reading on the 18"‘day of March,2020. Published in full on the City’s official website beginning on the 19”‘day of March,2020 for thirty (30)days. Linda Olson,Mayor ATTEST: 1,Stephanie Carlile,City Clerk of the City of Englewood,Colorado,hereby certify that the above and foregoing is a true copy of the Emergency Ordinance introduced,read in full,and passed on ?nal reading on the 18”‘day of March,2020. hani arlile Page 6 of 6