HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/19/2020 - EMERGENCY ORDINANCE NO. 073, 2020 APPROVING EMERGEAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY May 19, 2020
City Council
STAFF
Darin Atteberry, City Manager
Jim Byrne, Office of Emergency Management
Carrie Daggett, City Attorney
SUBJECT
Emergency Ordinance No. 073, 2020 Approving Emergency Rules and Regulations Enacted by the City
Manager Pursuant to the Local COVID-19 Emergency.
EXECUTIVE SUMMARY
The purpose of this item is to approve an emergency rule and regulation enacted by the City Manager in
response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that emergency rules
and regulations must be confirmed at the earliest practical time by the Council. This Emergency Ordinance
seeks Council’s approval and ratification of all the emergency measures that have been enacted to date.
Adoption by ordinance will ensure that each of the regulations is enforceable to the fullest extent of the law.
STAFF RECOMMENDATION
Staff recommends adoption of the Emergency Ordinance.
BACKGROUND / DISCUSSION
The City continues to be threatened with serious injury and damage, consisting of widespread human and
economic impact caused by the Novel Coronavirus 2019 (COVID-19). On March 13, 2020, in order to
undertake emergency measures to protect the life, health, safety and property of the citizens of the City and
persons conducting business therein, and in order to attempt to minimize the loss of human life and the
preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the
Emergency Operations Plan established pursuant to Section 2-673 of the City Code. The Council extended
the local emergency until such time as the City Manager determines in writing that the conditions justifying the
local emergency no longer exist, with the adoption of Resolution 2020-030 on March 20, 2020.
Council has since adopted various resolutions (Resolution 2020-032, Resolution 2020-036, and Resolution
2020-038, and Emergency Ordinance No. 070, 2020) approving Emergency Rules and Regulations Nos.
2020-01 through 2020-015. Since the most recent Council approval, the City Manager has issued the following
additional emergency rule and regulation in order to protect the health and safety of City residents and visitors,
as follows:
● Emergency Regulation No. 2020-016, waiving the requirement set forth in City Code Section 2-183(4) that
proposed uses of Community Development Block Grant funds received from the Department of Housing
and Urban Development be submitted to the Community Development Block Grant Commission (“CDBG
Commission”) for recommendations to City Council regarding the use of said funds, for proposed
expenditures of special Community Development Block Grant Coronavirus (“CDBG-CV”) funds. In lieu of
submission of the proposed use of CDBG-CV funds to the CDBG Commission, the Director of Social
Sustainability (“Director”) or their designee shall consult with appropriate staff regarding the effective use of
Agenda Item 14
Item # 14 Page 2
the CDBG-CV funds consistent with the CDBG-CV program objectives and then submit recommendations
to City Council for consideration.
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EMERGENCY ORDINANCE NO. 073, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING EMERGENCY RULES AND REGULATIONS
ENACTED BY THE CITY MANAGER PURSUANT TO THE
LOCAL COVID-19 EMERGENCY
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, in early March declarations of emergency regarding COVID-19 were issued
by President Trump, Governor Polis and the Larimer County Department of Public Health and
Environment; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the City Council extended the local emergency until such time as the City
Manager determines in writing that the conditions justifying the local emergency no longer exist,
with the adoption of Resolution 2020-030 on March 20, 2020; and
WHEREAS, having proclaimed a local emergency, the City Manager has issued
emergency rules and regulations in order to protect the health and safety of City residents and
visitors; and
WHEREAS, at its adjourned meeting on March 31, 2020, the City Council adopted
Resolution 2020-032, approving the Emergency Rules and Regulations that had as of that date
been issued by the City Manager, including the following:
a. Emergency Regulation No. 2020-01, Authorizing Emergency Purchases
pursuant to City Code Section 8-161(b)(1), dated March 17, 2020; and
b. Emergency Regulation No. 2020-02, suspending certain legal requirements to
allow the operation of a day shelter, homeless shelter, and/or seasonal
overflow shelter at the Northside Aztlan Community Center, dated March 19,
2020; and
c. Emergency Regulation No. 2020-03, suspending fares for all Transfort bus
routes within the City, including FLEX and MAX routes and Dial-a-Ride
trips, dated March 19, 2020; and
d. Emergency Regulation No. 2020-04, suspending the operation of the
requirements of City Code Chapter 26 related to disconnecting City non-
telecommunication utility services to a premise upon non- or late payment of
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utility service fees during the pendency of the local emergency or other
applicable order, dated March 20, 2020; and
e. First Amended Emergency Regulation No. 2020-05A, suspending the
prohibition on occupying recreational vehicles on private property, with
written permission from the property owner, for working, living, or sleeping
purposes in order to use that recreational vehicle to promote physical
distancing and/or quarantine, dated March 30, 2020;
and
WHEREAS, at its regular meeting on April 7, 2020, the City Council adopted Resolution
2020-036, approving the Emergency Rules and Regulations that had as of that date been issued
by the City Manager, including the following:
a. Emergency Regulation No. 2020-06, authorizing places of worship or
assembly to conduct live religious services on their property so long as
attendance is viewed remotely from on the property in vehicles provided
physical distancing requirements are met and provided the arrangement is
permitted by State and County “stay-at-home” orders, dated April 1, 2020;
and
b. Emergency Regulation No. 2020-07, limiting enforcement for certain types of
parking violations (block face restrictions, overtime, expired tags, and
residential parking permit violations) and easing certain requirements related
to parking tickets, dated April 1, 2020; and
c. Emergency Regulation No. 2020-08, authorizing certain temporary sign,
banner and pennant encroachments by essential businesses during the local
emergency, dated April 4, 2020;
and
WHEREAS, at its regular meeting on April 21, 2020, the City Council adopted
Resolution 2020-038 approving the Emergency Rules and Regulations that as of that date been
issued by the City Manager, including the following:
a. Emergency Regulation No. 2020-09, designates an outdoor emergency
shelter area at the Northside Aztlan Community Center and adopts
Temporary Outdoor Shelter Regulations that will govern the use of the
outdoor emergency shelter area, including a prohibition on the open carrying
of firearms within the designated outdoor shelter area; and
b. Emergency Regulation No. 2020-010, waiving the requirements of the City
Land Use Code, Building Code and Fire Code for the property at 1125 W.
Myrtle Street (the former Elderhaus property off of Shields Street owned by
CSURF) so that it can be used to shelter people experiencing homelessness
who test positive or are presumed to have COVID-19; and
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c. Emergency Regulation No. 2020-011, suspending the City Code requirement
that solid waste collectors make curbside pickup of residential yard
trimmings available at least weekly from April 1 to November of each year,
so no residential yard trimming pickup is required from April 1 to June 30,
2020, while allowing the haulers to offer this service if they are willing and
able to; and
d. Emergency Regulation No. 2020-012 authorizing scheduled route reductions
for Transfort to respond to the pandemic as needed;
and
WHEREAS, at its regular meeting on May 5, 2020, the City Council adopted Emergency
Ordinance No. 070, 2020, approving the Emergency Rules and Regulations that as of that date
been issued by the City Manager, including the following:
a. Emergency Regulation No. 2020-013 authorizing the City Building
Official to accept satisfactory evidence that an applicant has previously
passed the 2009 version of the IBC contractor licensing examination
because applicants are unable to test and receive a passing certificate for
the current International Building Code (“IBC”) adopted by the City of
Fort Collins (2018) during the current Local Emergency due to closure of
licensing examination facilities, commencing immediately and continuing
through the end of the Local Emergency or such time as the locally
designated testing facilities that proctor compliant IBC general licensing
examinations reopen, whichever first occurs; and
b. Emergency Regulation No. 2020-014, permitting the continued use of the
Community of Christ Church at 220 E. Oak Street as a seasonal overflow
shelter during the COVID after the end of April;
c. Amended Emergency Regulation No. 2020-015A, requiring the wearing
of face coverings in enclosed areas to which the public is invited or in
which workers are working, in City buildings and facilities and in certain
outdoor locations;
and
WHEREAS, the City Manager has since issued an additional Emergency Rule and
Regulation (collectively referred to as the “New Emergency Rules and Regulations”), as follows:
a. Emergency Regulation No. 2020-016, waiving the requirement set forth in
City Code Section 2-183(4) that proposed uses of Community
Development Block Grant funds received from the Department of
Housing and Urban Development be submitted to the Community
Development Block Grant Commission (“CDBG Commission”) for
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recommendations to City Council regarding the use of said funds, for
proposed expenditures of special Community Development Block Grant
Coronavirus (“CDBG-CV”) funds. In lieu of submission of the proposed
use of CDBG-CV funds to the CDBG Commission, the Director of Social
Sustainability (“Director”) or their designee shall consult with appropriate
City staff regarding the effective use of the CDBG-CV funds consistent
with the CDBG-CV program objectives and then submit recommendations
to City Council for consideration;
and
WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules
and regulations must be confirmed at the earliest practical time by the City Council; and
WHEREAS, the Council has determined that each of the Emergency Regulations (No.
2020-01 through No. 2020-015A) described above is reasonably necessary to the protection of
life, health, safety and property of the residents of and visitors to Fort Collins; and
WHEREAS, approval of all Emergency Rules and Regulations by ordinance will ensure
that they are enforceable to the fullest extent of the law, and Council therefore wishes to approve
them by the adoption of this Ordinance; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of
the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above and finds that an emergency exists requiring the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to enable
the City to carry out and fully enforce the terms of each of the above-described Emergency Rules
and Regulations, in order to protect the health, safety and welfare of the people of Fort Collins in
light of the above-described local emergency.
Section 2. That the City Council hereby finds that the City Manager’s establishment
of the Emergency Rules and Regulations, including the New Emergency Rules and Regulations
attached hereto as Exhibit A, and incorporated herein by this reference, was necessary in the
interest of protecting the life, health, safety and property of the citizens of Fort Collins.
Section 3. That the City Council hereby confirms, ratifies and approves each of the
above-described Emergency Rules and Regulations as of the date of their establishment by the
City Manager, including modifications made by this Ordinance.
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Section 4. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance in accordance with the Fort Collins City Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City
of Fort Collins and finally passed as an emergency ordinance and ordered published this 19th
day of May, 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-16
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under
the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and
which declaration of local emergency was filed with the City Clerk and with the Colorado
Division of Emergency Management on March 13, 2020 and extended by City Council adoption
of Resolution 2020-030 on March 20, 2020, I have hereby established, under the authority of
City Code Section 2-671(a)(6)a, the following rules and regulations:
1. Commencing upon the date signed below, and until further notice, the requirement set
forth in City Code Section 2-183(4) that proposed uses of Community Development
Block Grant funds received from the Department of Housing and Urban Development be
submitted to the Community Development Block Grant Commission (“CDBG
Commission”) so the CDBG Commission may make recommendations to City Council
regarding the use of said funds, shall not apply to proposed expenditures of special
Community Development Block Grant Coronavirus (“CDBG-CV”) funds.
2. In lieu of submission of the proposed use of CDBG-CV funds to the CDBG Commission,
the Director of Social Sustainability (“Director”) or their designee shall consult with
appropriate City staff regarding the effective use of the CDBG-CV funds consistent with
the CDBG-CV program objectives and then submit recommendations to City Council for
consideration.
3. I find that this emergency rule and regulation is reasonable and necessary to more quickly
and efficiently identify priority needs and uses of this critical funding to assist with the
response for, and recovery of, those in the community who have been negatively
impacted by the COVID-19 pandemic. This emergency rule and regulation promotes the
health, safety and welfare of the public because it will provide an expedited way for the
City to fund CDBG-eligible uses, including assisting low- and moderate-income persons
with immediate financial assistance.
DocuSign Envelope ID: BB0883D2-43DD-436B-B45B-ABCB310106D6
EXHIBIT A
Amended Emergency Rules and Regulations
May 7, 2020
Page 2 of 2
Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general
circulation within the City. A knowing violation of these rules and regulations shall be a
misdemeanor punishable under Section 1-15 of the City Code.
DATED this ____ day of May, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
DocuSign Envelope ID: BB0883D2-43DD-436B-B45B-ABCB310106D6
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