HomeMy WebLinkAboutMemo - Mail Packet - 2/16/2021 - Memorandum From Amanda King Re: Lpt Follow Up - Emergency Rules And Regulations Update
MEMORANDUM
Page 1 of 8
Communications & Public Involvement
215 N. Mason St.
PO Box 580
Fort Collins, CO 80522
970.416.2209
fcgov.com
DATE: February 10, 2021
TO: Mayor and City Councilmembers
THROUGH: Darin Atteberry, City Manager
Kelly DiMartino, Deputy City Manager
Carrie Daggett, City Attorney
Tyler Marr, Interim Director, Information & Employee Services
FROM: Amanda King, Communications & Public Involvement Director
RE: LPT Follow-up Emergency Rules and Regulations Update
Background:
Over the past 12 months, the City adopted a variety of Emergency Rules and Regulations in response to the
COVID-19 pandemic. Per a request at the January 25 Leadership Planning Team meeting, below is an
explanation of the current requirements for remote and hybrid Council and board/commission meetings, a
summary of all actions that have been taken during the emergency period and the current status of those
actions.
The City is currently operating at Level Yellow 2.0 framework. Under this new dial, Level Up
approved businesses
been vaccinated. Currently, 51.5% of the 70+ population has received at least one dose, and 13.4% have been
vaccinated. A Dial Capacities Quick Guide is attached and detailed guidelines for this current level can be
found at: https://www.larimer.org/health/communicable-disease/coronavirus-covid-19/safer-at-home.
Remote and Hybrid Meeting Procedures and Practices:
In June 2020, Council adopted Ordinance No. 079, 2020, authorizing the use of remote technologies for
Council and board and commission meetings during the local public emergency that continues in effect for
COVID-19. (That Ordinance replaced Ordinance No. 061, 2020, adopted in April.) In November 2020, Council
shifted from hybrid meetings back to online only meetings based on public health guidance. The Council may
wish to discuss and consider updated procedures to simplify these processes based on experience or to
establish permanent, non-emergency procedures.
The basic procedures for remote meetings during the declared local emergency under Ordinance No. 079 are
as follows:
1. Council Meetings:
a. The meeting can be remote in whole or in part if the Mayor determines, after consultation with
the Mayor Pro Tem, City Manager and City Attorney, that conducting the meeting in person
would not be prudent for some or all persons due to the public health emergency or other
unforeseen circumstances affecting the city.
b.
to participate remotely by notifying the City Clerk no less than 3 hours before the meeting.
2. Council Committee Meetings:
a. The meeting can be remote in whole or in part if the Committee Chair determines, after
consultation with the City Manager and City Attorney, that conducting the meeting in person
would not be prudent for some or all persons due to the public health emergency or other
unforeseen circumstances affecting the city.
b. ed
to participate remotely by notifying the City Clerk no less than 3 hours before the meeting.
3. Excluded subjects for remote meetings:
a. Initially under Ordinance No. 079, appeals, zonings and rezonings and addition of permitted use
matters were not allowed using remote technologies unless Council first approved consideration
of the matter or type of matter by motion.
b. Since adoption of Ordinance No. 079, Council has acted several times by motion or by adoption
of a Resolution making findings so as to allow several specific matters within these categories to
proceed before Council, the Planning and Zoning Board, the Landmark Preservation
Commission and the Building Review Board.
c. Council action is required in advance of each exception item.
4. Procedural Safeguards:
a. For all remote matters:
i. The remote technology must enable the members of the decision-making body to see
and hear one another, except to the extent circumstances preclude an arrangement
allowing visual communication;
ii. The remote technology must allow all members of the decision-making body to
accurately see, hear or read all discussion, comment and testimony;
iii. All votes must be by roll call; and
iv. Members of the public must have equivalent access to the discussion, comment and
testimony, and to the extent applicable, a chance to comment.
b. In addition, for quasi-judicial matters:
i. Any applicant or appellant seeking a quasi-judicial decision is entitled to notice that their
matter will be heard remotely and may request that the matter be delayed until the
hearing can be conducted in person;
ii. Parties-in interest must have fair access to the discussion, comment and testimony and
must have a fair opportunity to present evidence;
iii. The technology must be reasonably expected to preserve the record of the hearing and
decision;
iv. The Director of Community Development and Neighborhood Services is authorized to
establish rules about the remote conduct of quasi-judicial hearings under the Land Use
Code; and
v. If a member of the presiding officer of the decision-making body determines the remote
allow for improved technologies or other arrangements.
5. Board and Commission Meetings:
a. May be conducted remotely using the same considerations as apply to a Council meeting, with
the chairperson of the board or commission conferring with the staff liaison to make the required
determination of need.
b. In the case of a committee of a board or commission, the chairperson of the committee needs to
confer with board/commission chair and staff liaison and make the required determination of
need.
c. Individual board or commission members have the same right to request to participate remotely
as a Councilmember, so long as the request is made to the staff liaison at least 3 hours in
advance.
d. The same procedural requirements apply to board or commission or board/commission
committee meetings as to regular Council meetings (see above).
6. Neighborhood Meetings under the Land Use Code:
a. May go forward using remote technology so long as they provide a forum tor neighbors,
applicants and the CDNS Director to identify and discuss concerns about conceptual planning of
projects; and
b. Must comply with the related Land Use Code requirements.
Active Rules and Regulations (Continued Need):
Emergency
Regulation
Number
Emergency
Rule and
Regulation
Title
Sign
Date of
ERR
Effective
Date of
ERR if
different
than Sign
Date
ERR End
Date
Summary
1 Authorization
for
Emergency
Purchases
3/17/20 This ERR permits the City to make emergency
purchases needed for COVID response.
Emergency
Regulation
Number
Emergency
Rule and
Regulation
Title
Sign
Date of
ERR
Effective
Date of
ERR if
different
than Sign
Date
ERR End
Date
Summary
3 Fare
Suspension
3/19/20 This ERR suspends fare collection on
Transfort.
5 RV Camping 3/25/20 3/23/2020 This ERR temporarily allows people to occupy
recreational vehicles parked on private
property for living, working, or sleeping
purposes in order to provide more options for
social distancing and physical quarantine.
5A First
Amended
RV Camping
3/30/20 ERR 2020-05 is amended to defining
recreational vehicle and being parked on
permission.
6 Drive-Up
Religious
Service
4/2/20 This ERR allows religious organizations to
hold outdoor drive-up services in which
worshipers must remain in their enclosed
vehicles.
8 Signs in the
Right of Way
4/4/20 This ERR suspends enforcement of § 23-46
(Encroachment in the Right-of-Way); § 23-81
(Permit requirement for encroachment into the
-of-Way); Section 3.8.7.3 of Land
Use Code.
12 Route
Modification
for City
Transport
System
4/17/20 4/18/2020
Transfort Transit System service routes,
service frequency, and fare pricing.
13 Change in
Direction of
Licensing
Issue
4/24/20 This ERR temporarily allows applicants for
contractor licensing to use certification from
the 2009 version of the International Building
Code to apply for licenses with the City.
17 Temporary
Outdoor
Expansion
Permits
5/28/20 Replaced
by ERR
2020-17A
This ERR allows some businesses to operate
temporary outdoor dining and retail areas in
the public right-of-way.
17A Update to
Temporary
Outdoor
Expansion
Permits
9/24/20 This ERR shall govern all Outdoor Expansion
Permits effective under 2020-17 or 2020-17A
and allows eligible eating establishments to
expand their existing premises into a defined
Expansion Area on City or private property.
(enacted Sept. 25, 2020).
Emergency
Regulation
Number
Emergency
Rule and
Regulation
Title
Sign
Date of
ERR
Effective
Date of
ERR if
different
than Sign
Date
ERR End
Date
Summary
18 Extending
and
Amending
the Face
Coverings
Requirement
5/28/20
This order updates 2020-15, and extends the
face covering requirement indefinitely, with
exemptions.
On 5/3/2020 Larimer County issued a county-
wide face mask order in all businesses and
amended their order on 5/17/2020. Governor
Polis issued a statewide mask order directing
all Coloradans to wear a face-covering
indoors on 7/16/2020 and this is renewed
every 30 days.
Active Rules & Regulations (No Longer Being Utilized):
Emergency
Regulation
Number
Emergency
Rule and
Regulation
Title
Sign
Date of
ERR
Effective
Date of
ERR if
different
than Sign
Date
ERR End
Date
Summary
2 Northside
Aztlan
Community
Center
Shelter
3/19/20 This ERR allows the Northside Aztlan
Community Center to be used as an
emergency shelter.
10 Myrtle Street
Shelter
4/10/20 This ERR allows for the use of CSURF, 1105
W. Myrtle Street, Fort Collins, CO as a
temporary shelter for persons experiencing
homelessness.
14 Extension of
Use of
Community
of Christ
Church as
Seasonal
Overflow
Shelter
4/29/20 5/1/2020 This ERR allows for seasonal overflow
shelters to the use of the property by the
Reorganized Church of Jesus Christ of Latter
Day Saints, as a temporary shelter for
persons experiencing homelessness.
16 Use of
Community
Development
Block Grant
COVID-19
Supplementa
l Funds
5/7/20 This ERR allows for an expedited process for
the disbursement of Community Development
Block Grant Funds allocated for COVID
related relief.
Suspended or Terminated Rules & Regulations:
Emergency
Regulation
Number
Emergency Rule
and Regulation
Sign
Date of
ERR
Effective
Date of ERR
if different
than Sign
Date
ERR End
Date
Summary & Link to ERR
4 Suspension of
Utilities
Disconnects
3/20/20 5:00 p.m. on
7/6/2020
This ERR relates to disconnecting
city non-telecommunication utility
services to a premises upon non- or
late payment of utility service fees
shall not apply during the pendency
of local emergency.
Terminated
2020-04
Notice of
Termination of
Suspension of
Utilities
Disconnects
7/2/20 ERR 2020-04
is terminated
as of 5:00
p.m. on
7/6/2020
7 Parking
Enforcement
(Terminated on
June 22, 2020)
4/1/20 5:00 p.m. on
6/14/2020
This ERR suspends the enforcement
of some non-safety related parking
rules.
Terminated
2020-07
Notice of
Termination of
Parking
Enforcement
6/22/20 5:00 p.m. on
6/14/2020
Terminates ERR 2020-07
9 Temporary
Outdoor
Emergency
Shelter Area
(Suspended on
April 29, 20)
4/10/20 5:00 p.m. on
4/29/2020
This ERR allows an outdoor shelter
to be created at Heritage Park for
those experiencing homelessness.
Suspended
No. 2020-09
Notice of
Suspension of
Temporary
Outdoor
Emergency
Shelter Area
4/29/20 5:00 p.m. on
4/29/2020
This ERR suspends ERR 2020-09
and no longer allows outdoor shelter
to be created at Heritage Park for
those experiencing homelessness.
11 Yard Waste
Service
Suspension
4/13/20 5/31/2020 This ERR suspends the application
of City Code § 14-414(a) that
requires curbside collection of
residential yard trimmings until June
1, 2020.
15 Face Coverings in
Public
5/1/20 5/4/2020 5/30/2020 This ERR sets forth requirements for
the public to utilize face coverings
inside of public places to slow the
spread of the COVID-19 virus. This
ERR is effective within the entirety of
the territory of the City of Fort Collins,
Colorado.
15A Revised Face
Covering in Public
Adopted
on
5/5/20
Upon
approval by
City Council
5/5/2020
5/30/2020
Federal Rules and Regulation:
Additionally, the Federal government have implemented several assistance programs to those experiencing
job loss and financial hardship due to the coronavirus pandemic, these include:
A federal eviction moratorium from the Center for Disease Control and Prevention (CDC) extension that
will carry forward through March 31, 2021.
Extension of the pandemic unemployment program through March 14, 2021 and a $300 weekly federal
enhancement in benefits.
An increase of 15% to all Supplemental Nutrition Assistance Program (SNAP) recipients until June
2021. The program expanded eligibility for eligible college students.
Additional rules and regulations are being discussed in the American Rescue Plan and through Federal budget
reconciliation. Staff will continue to monitor Federal government guidance and economic assistance programs,
and work to coordinate with state and regional partners.