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HomeMy WebLinkAboutVirtual City Council Agenda Packet 06-01-20 - SpecialAGENDA SPECIAL CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO June 1, 2020 7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting; the public may not attend in person. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on June 1, 2020) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code 950 7618 0398 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda or regarding items listed under Decisions, Resolutions and Motions for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. CITY COUNCIL AGENDA: June 1, 2020 Page -2- c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS 1. Resolution 30-2020 - a resolution of the Wheat Ridge City Council extending the requirement for the wearing of face coverings in critical businesses CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: __ DATE: June 1, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 30-2020 - A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL EXTENDING THE REQUIREMENT FOR THE WEARING OF FACE COVERINGS IN CRITICAL BUSINESSES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ ________________________ City Attorney City Manager ISSUE: City Council approved a resolution on April 27, 2020 ordering customers of “critical businesses,” as defined by the Colorado Department of Public Health and Environment (CDPHE), to wear face coverings. That order expires on May 30, 2020. At the study session on May 18th, consensus was reached to include a resolution extending the order to June 14, 2020 on the June 1st business meeting to receive citizen input and for further City Council discussion. PRIOR ACTION: At the direction of the City Council, the City Manager issued an order on April 21, 2020 requiring face coverings when entering critical businesses within the City. By Resolution 26, Series 2020, the City Council repealed the City Manager’s April 21 order and replaced the same with an amended and reissued face covering order, which order expired by its terms at midnight on May 30, 2020. FINANCIAL IMPACT: None 1 CAF – Face Covering Order Extension June 1, 2020 Page 2 BACKGROUND: On March 5, 2020, Jefferson County Public Health confirmed a case of COVID-19 in an out-of- state visitor to Summit County who was transported to Jefferson County and on March 10, 2020, the first Jefferson County resident tested positive for COVID-19, with two additional cases reported on March 11, 2020, and public health experts anticipated that, due to the contagiousness of the illness, over the coming weeks, Jefferson County would continue to see cases of the virus and its transmission within the community. On March 10, 2020, Governor Polis declared a statewide state of emergency in response to COVID-19 and has since then issued a series of executive orders imposing stay at home requirements to slow the spread of the disease, and which orders currently extend until several dates in May and June. On April 17, 2020, the Governor issued Executive Order D 2020 039, ordering workers in Critical Businesses and Critical Government functions to wear non-medical face coverings while working, except where doing so would inhibit the individual’s health, and to also wear gloves, to the extent possible when in contact with customers or goods if gloves are provided to workers by the employer. On April 26, 2020, the Governor issued Executive Order D 2020 044, introducing the “Safer at Home” phase of slightly relaxed state regulation. That Order, while permitting certain non- critical businesses to open as of May 1, including personal services (salons, dog grooming, personal training, etc.), directs the CDPHE to issue restrictions for such businesses similar to the requirements for Critical Retail, and which will include requiring customers to wear face coverings in such personal service establishments. On May 5, 2020, the City launched a mask distribution program whereby Critical Businesses were able to submit an online request for a supply of masks. Masks are intended to be handed to customers to help businesses comply with City Council’s order. City staff have delivered more than 11,000 disposable masks to 53 Wheat Ridge businesses along with bilingual signage and information to help businesses implement the order. Additionally, a supply of cloth masks, donated to the City by the US Conference of Mayors, were donated to businesses for their employees. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to approve Resolution No. 30-2020, a resolution of the Wheat Ridge City Council extending the requirement for the wearing of face coverings in critical businesses.” Or, CAF – Face Covering Order Extension June 1, 2020 Page 3 “I move to approve Resolution No. 30-2020, a resolution of the Wheat Ridge City Council extending the requirement for the wearing of face coverings in critical businesses with the following amendment(s)____________________________________________________.” Or, “I move to table indefinitely Resolution No. 30-2020, a resolution of the Wheat Ridge City Council extending the requirement for the wearing of face coverings in critical businesses for the following reason(s) ______________________________________.” REPORT PREPARED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENT 1. Resolution No. 30-2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 SERIES OF 2020 TITLE: A RESOLUTION OF THE WHEAT RIDGE CITY COUNCIL EXTENDING THE REQUIREMENT FOR THE WEARING OF FACE COVERINGS IN CRITICAL BUSINESSES WHEREAS, on March 10, 2020, the Governor of the State of Colorado declared a statewide state of emergency in response to coronavirus (COVID-19); and WHEREAS, the Governor has issued a series of executive orders imposing stay at home requirements to slow the spread of the disease, and which orders currently extend until several dates in May and June, under revised protocols; and WHEREAS, the Governor’s executive orders have been implemented by public health orders of the Colorado Department of Public Health and Environment (CDPHE); and WHEREAS, on April 9, 2020, the CDPHE issued its Fourth Updated Public Health Order 20-24 implementing stay at home requirements; and WHEREAS, on April 17, 2020, the Governor issued Executive Order D 2020 039, ordering workers in Critical Businesses and Critical Government functions to wear non-medical face coverings while working, except where doing so would inhibit the individual’s health, and to also wear gloves, to the extent possible when in contact with customers or goods if gloves are provided to workers by the employer; and WHEREAS, On April 26, 2020, the Governor issued Executive Order D 2020 044, introducing the “Safer at Home” phase of slightly relaxed state regulation. That Order, while permitting certain non-critical businesses to open as of May 1, including personal services (salons, dog grooming, personal training, etc.), directs the CDPHE to issue restrictions for such businesses similar to the requirements for Critical Retail, and which will include requiring customers to wear face coverings in such personal service establishments; and WHEREAS, on May 14, 2020, the Colorado Department of Public Health and Environment issued its Third Amended Public Health Order Health Order 20-28, further defining requirements for face coverings for employees in “critical businesses;” and WHEREAS, on April 24, 2020, the Jefferson County Department of Public Health issued its order extending stay at home requirements within the county (permitted to be more restrictive than the state requirements) to and including May 8, 2020; and WHEREAS, on March 20, 2020, the Wheat Ridge City Council adopted Resolution No. 16, series 2020 declaring an emergency as a result of the COVID-19 pandemic and granting authority to the City Manager to take necessary enumerated actions to address that pandemic within the City; and ATTACHMENT 1 WHEREAS, in the exercise of that authority and at the direction of the City Council, the City Manager exercised the authority granted by Resolution No. 16 series 2020 by issuing an order on April 21, 2020 requiring face coverings when entering critical businesses within the City; and WHEREAS, by Resolution 26, Series 2020, the City Council repealed the City Manager’s April 21 order and replaced the same with an amended and reissued face covering order, which order expired by its terms at midnight on May 30, 2020; and WHEREAS, the City Council wishes to extend the requirement for face coverings to be worn by persons entering a” Critical Business” as defined by the Colorado Department of Public Health and Environment; and WHEREAS, the City Council finds and determines that the adoption of this Resolution is necessary for the promotion of health and the suppression of disease; and WHEREAS, the City Council further finds and determines that the adoption of this Resolution is proper under Sections 31-15-401(1)(b), 24-33.5-703(3), and 24-33.5-709, C.R.S., and other applicable law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. Face Covering Order Extended. The City Council hereby extends requirement for face coverings contained in Resolution 26, Series 2020, by enacting the following Order: A. All persons entering a ”Critical Business” as defined by the Third Amended Public Health Order 20-28 (May 14, 2020) of the Colorado Department of Public Health and Environment, are hereby ordered to wear medical or non- medical cloth face coverings, such as to cover their nose and mouth, when entering any such business and in conducting any interactions within such business. B. This Order is necessary to reduce the spread of COVID-19 and protect the health of essential workers and the residents and visitors of the City. The Order shall go into effect upon adoption of this Resolution and shall expire at midnight on June 14, 2020, unless it is earlier terminated or extended. C. This Order is permitted to be more restrictive than any state-issued stay at home order or other public health order, as permitted by the Governor's stay at home orders and associated orders of the Colorado Department of Public Health and Environment. D. The Council strongly urges all citizens, for your own health and safety, and for that of the brave citizens who are staffing the grocery stores, pharmacies and other businesses that are so critical to our daily needs, to comply with this Order. It is only through our collective efforts that we can protect those persons, ourselves and our families. The Council genuinely appreciates your voluntary cooperation. Section 2. Effective date. This Resolution shall take effect immediately upon adoption. DONE AND RESOLVED this 1st day of June 2020. CITY OF WHEAT RIDGE Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk