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HomeMy WebLinkAboutMemo - Mail Packet - 2/16/2021 - Memorandum From Amanda King Re: Lpt Follow Up - Emergency Rules And Regulations Update (5) 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.