HomeMy WebLinkAboutOrd2020-006 - Emergency Ord - Orange Alert incl Mandate 11Sponsored by: Meszaros
Introduction Date: June 12, 2020
Public Hearing Date: June 12, 2020
Enactment Date: June 12, 2020
CITY OF SEWARD, ALASKA
EMERGENCY ORDINANCE 2020-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ADOPTING THE CITY'S COVID-19 RECOVERY PLAN AND
THE "COMMUNITY OUTBREAK RULES" THAT WILL BE
EFFECTIVE ONLY DURING A LOCAL ORANGE ALERT UNDER
THAT PLAN, AND RATIFYING REVISIONS TO THE CITY'S
EMERGENCY COVID-19 RULES
WHEREAS, the United States Center for Disease Control and Prevention (CDC) has
identified COVID-19 as a significant public risk; and
WHEREAS, on March 11, 2020, Governor Dunleavy issued a declaration of public
health disaster emergency in response to the anticipated outbreak of COVID-19 within Alaska's
communities; and
WHEREAS, on March 11, 2020, The World Health Organization designated the
COVID-19 outbreak a pandemic; and
WHEREAS, the State of Alaska and the City continue to operate under a state of
emergency created by COVID-19 but the State of Alaska has introduced a five -phase plan to
reopen Alaska responsibly; and
WHEREAS, the City Council and the Emergency Operations Team support the State's
reopening efforts; and
WHEREAS, City Council and the Emergency Operations Team also acknowledge the
need to have specific local policies and rules that permit the City to protect public health and
safety from a local outbreak or the threat of a local outbreak; and
WHEREAS, the City Manager determined that direct Council involvement in the City's
Recovery Plan and the rules adopted in furtherance of that plan was in the City's best interest
and the best interest of its residents and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. The Seward City Council hereby adopts the City COVID-19 Recovery Plan as
attached to this Ordinance as Exhibit A.
CITY OF SEWARD, ALASKA
ORDINANCE 2020-006
Section 2. The Seward City Council hereby adopts the City "Community Outbreak
Rules" as attached to this Ordinance as Exhibit B and included in the COVID-19 Recovery Plan.
Section 3. The Seward City Council hereby ratifies the revisions to the City COVID-19
Emergency Rules as proposed in Emergency Order 2020-04.
Section 4. This ordinance is an emergency ordinance, is not permanent in nature, and
shall not be codified.
Section 5. This ordinance shall take effect on the day it is enacted and shall expire upon
the expiration or repeal of the declared State of Emergency arising from COVID-19.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 12th day of June, 2020.
THE CITLY OF SEWARD, ALASKA
Christy Ter , Mayor
AYES: Seese, Butts, Crites, Osenga, Baclaan, McClure, Terry
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
renda J. B.f "u. MC
City Clerk
CITY OF SEWARD
DRAFT COVID-19 RECOVERY PLAN
Presented to Council June 8, 2020
Amended and approved by Council June 12, 2020
via Emergency Ordinance 2020-006
This document is a working draft. The Seward City Council and Seward City
Administration are working together to create a plan that protects City residents
and visitors from COVID-19 to the greatest extent possible while preserving the
economic well-being of City businesses and residents. This Plan includes
proposed rules and metrics adapted from other communities, the State of Alaska,
and other Alaska government agencies as well as procedures and rules unique to
Seward. The purpose of this Draft Plan is to provide Council, the Administration,
and members of the public a starting place in developing a COVID-19 recovery plan
that incorporates commentary, insight, and guidance from the Seward community
as a whole.
00932624.DOCX
SEWARD'S COVID-19 RECOVERY PLAN
The City of Seward has been carefully monitoring the state of the COVID-19 outbreak in
the State of Alaska and in the City, as well as Alaska's statewide response to this
outbreak. Governor Dunleavy recently announced the State's Reopen Alaska
Responsibly Plan and has repeatedly stated that the State Plan works best when applied
uniformly. Governor Dunleavy also recognized that local jurisdictions may need to
implement more restrictive rules based upon the risks and resources available within
those jurisdictions. The City Manager and the City Emergency Operations Team is
tasked, first and foremost, with protecting the health and safety of the community from
the devastating impacts of the COVID-19 pandemic. This Plan ensures that the City's
response to COVID-19, both in the short and long term, is medically -based, fluid, and
narrowly tailored. Additionally, the Plan is designed to be easily understood by and
communicated to Seward community members and visitors. The Plan ensures that local
mandates mirror State mandates to the greatest extent responsible in Tight of the City's
unique needs and risks. It also aims to adopt easy -to -follow rules that are: (1) based upon
medical and epidemiological data regarding COVI D-19; and (2) the City's resources to
prepare and respond to a COVI D-19 outbreak.
THE STATE APPROACH: A 5-STEP SYSTEM TO RECOVERY
The State Plan anticipates a 5-phase climb to recovery for Alaska. In order to climb from
one phase to the next, the State's emergency management team, led by Governor
Dunleavy, will employ a color -coded status — red, yellow or green - to indicate whether it
is safe to move forward to a Tess restrictive phase or if a "roll -back" to red is needed. While
the State has not yet identified each phase of its Plan, The State Plan establishes four
basic metrics that will be tracked by Alaska Department of Health and Social Services
(DHSS) in determining when to move forward or "roll back." The four basic metrics are
as follows:
1. Epidemiology
Tracking disease trends and trend forecasting.
2. Testing
Monitoring overall testing volume and changes in the percentage of positive tests at the
community, regional, and statewide levels. Ensuring fast turnaround of tests and reporting
of results. The goal is to maintain COVID-19 positive tests at Tess than one per 1,000.
3. Public health capacity
Monitoring cases and conducting necessary contact investigations for positive cases.
4. Health care capacity
Ensuring hospitals have adequate capacity and supplies (such as PPE and ventilators)
to care for COVID-19 patients and other patients needing urgent care.
City of Seward COVID-19 Recovery Plan
Page 1 of 4
00937477,DOCX
TAILORING THE STATE'S APPROACH TO THE CITY: CLIMBING TO RECOVERY
In this Plan, the City adopts the State's four metrics and five -phase approach to recovery.
To this end, the City's COVID-19 Rules have been revised to impose lock -step social
distancing restrictions with the State while also maintaining local requirements regarding
the submission of plans and protocols to local authorities, local business postings, and
mutual aid agreements. These postings and submissions ensure that the City, its
residents, and its visitors have the information needed to ensure the public's awareness
and compliance with both local rules and State mandates.
Although the City embraces the State Plan, it also recognizes the need to provide the
Emergency Operations Team flexibility to respond when the local situation worsens but
State COVID-19 metrics remain unchanged. To this end, the City Plan adopts the State's
red, yellow, and green alerts but adds a local "orange alert." The local "orange alert"
ensures the City can "roll back" reopening efforts in the event the City's metrics fall out of
line with the State. In an effort to ensure that every citizen and visitor knows exactly what
local rules apply in each recovery phase, the City has revised its rules to eliminate any
provisions more restrictive than those adopted by the State in the City's COVID-19
Recovery Rules1 and to adopt COVID-19 "Community Outbreak Rules." The City's
COVID-19 Community Outbreak Rules will only become effective when the City Manager,
in collaboration with the Emergency Operations Team, declares an "orange alert,"
triggering the need for the implementation of stricter restrictions on the local level. These
rules "rollback" to social distancing and business operation restrictions previously
imposed by the State of Alaska and/or the City.
Seward's Orange Alert: When and How is Seward's Orange Alert Triggered?
The City's Orange Alert Rules will be triggered when the following occurs:
1. Epidemiology
A review of COVID-19 trends and trend forecasting suggests that there is an increase in
the transmission of COVID-19 in Seward or a substantial increase in neighboring
communities within Seward's industry markets, fisheries or transportation lines that has
not triggered a change in the State's alert level.
2. Testing
The City's testing capacity diminishes or testing becomes unavailable at the community
level. At the time this Plan was adopted, there were three positive COVID-19 cases
reported in Seward. The State's goal for testing is to maintain COVID-19 positive tests
at Tess than one per 1,000. While Seward's size does not lend itself to analysis under the
1 The COVID-19 Revised Rules retains posting and filing requirements as well as mutual
aid agreement requirements to ensure that the City and the public has the tools and
information necessary to monitor compliance with State mandates.
City of Seward COVID-19 Recovery Plan
Page 2 of 4
00937477.DOCX
State goal, this metric may warrant increasing the local alert level when the City
Emergency Operations Team and its medical advisors determine that there has been a
substantial increase of COVID-19 positive cases and the evidence suggests that these
cases are highly likely to result in substantial exposure to COVID-19 within the City and
protective measures are necessary to curb the spread of COVID-19 before the pandemic
overwhelms the City's limited medical resources.
3. Public health capacity
The City's public health capacity is significantly impacted by the commercial fishing
industry, tourism, and the influx of intrastate and interstate workers and visitors at certain
periods. During these periods, any COVID-19 positive test may warrant temporary
imposition of greater social distancing restrictions.
4. Health care capacity
The City's limited ability to care for COVID-19 patients alongside other patients reaches
its limited capacity or the City exhausts or is at risk of exhausting its minimal PPE supplies.
Each of these metrics will be weighed and balanced collectively in determining the need
to deviate from State of Alaska's state of alert. For example, a rapid increase in COVID-
19 positive cases within the City may not warrant raising the alert if those cases are
unlikely to impact the City's public health and health care capacities. The City Manager
shall take into consideration recommendations by the State of Alaska and the City's
medical advisors when weighing the City's metrics.
Orange Alert: How Does it Work?
In the event the City Manager declares an "Orange Alert," he will:
1. Submit a Declaration of "Orange Alert" to the City Clerk for distribution to City Council.
The Declaration will provide the reasons for the declaration under the metric analysis and
confirm that the Declaration is necessary to preserve public health, safety, and welfare
within the City.
2. The Declaration shall be posted on the City website with notice of the date and time
City Council will consider the Declaration.
3. City Council shall either approve or deny the Declaration via resolution within 48 hours
of receiving it. Failure by Council to take action on the Declaration within 48 hours after it
is posted shall constitute Council approval of the Declaration.
4. A copy of the Declaration, the resolution approving it, the "Community Outbreak
Rules," and the effective date and time of the Declaration shall be posted on the City
website no less than 24 hours before the rules take effect;
City of Seward COVID-19 Recovery Plan
Page 3 of 4
00937477.DOCX
1
5, Notice of the "Orange Alert" status and the reasons for the deviation from the
State's code level will be sent to the State of Alaska; and
6. If practicable, the City will notify all businesses registered with the City of the
"Orange Alert" status and provide a copy of the "Community Outbreak Rules."
"The Community Outbreak Rules" or 'Orange Alert Rules" may be amended at any time
by an emergency order approved by Council. Unlike promulgated City COVID-19 Rules,
Council may amend, revise or supplement Community Outbreak Rules during its
consideration. Any Council revisions or amendments to the Community Outbreak Rules
must be reviewed by the City Attorney for legality before becoming effective.
APPENDICES
The City has attached the following documents and incorporates these documents into
this Plan:
Appendix A:
Appendix B:
Appendix C:
Appendix D:
Appendix E:
Seward's Color -Coded System
Emergency Order 2020-04 Revising Temporary COVID-19 Emergency
Rules
Seward's Community Outbreak Rules
Municipal Resources Regarding Alaska's COVID-19 Recovery
State Resources Regarding Alaska's COVID-19 Recovery
City of Seward COVID-19 Recovery Plan
Page 4 of 4
00937477.DOCX
APPENDICES TABLE OF CONTENTS
The City has attached the following documents referenced or relied upon in the City
COVID-19 Recovery Plan:
Appendix A:
Appendix B:
Appendix C:
Appendix D:
Appendix E:
Seward's Color -Coded System
Emergency Order 04 Revising City of Seward Temporary COVID-19
Emergency Rules
City of Seward "Code Orange" Community Outbreak Rules
Local Resources Regarding Alaska's COVID-19 Recovery
State Resources Regarding Alaska's COVID-19 Recovery
CITY OF SEWARD COVID-19 RECOVERY PLAN -APPENDIX TOC
Page 1 of 1
00932626. DOCX
APPENDIX A
City of Seward Color -Coded Alert System
UNDERSTANDING SEWARD'S COVID-19 ALERTS
GO: If we are seeing downward trends and all is going well,
we will methodically move to lift restrictions. Seward follows
the State's lead.
PROCEED WITH CAUTION: If the situation is stable or we
are seeing a slow increase in cases, we may ask for
Voluntary measures to flatten the curve. Seward follows
the State's lead.
Caution
LOCAL OUTBREAK ALERT
Local Community Outbreak Rules Triggered
1) Consistent or rapid increase in cases within the City
2) Consistent or rapid increase in cases in a community
in the City market or a community with direct lines of
transportation with the City
3) The City is running out of capacity to care for COVID-
19 patients
STOP: If we are seeing a consistent or rapid increase in
cases or if we think we are running out of capacity to care for
people with COVID-19 (regardless of the trend in cases),
then we will need to reinstate some restrictions. Seward
follows the State's lead.
00926600.DOCX
APPENDIX B
Emergency Order 04 Revising City of Seward Temporary
COVID-19 Emergency Rules
EMERGENCY ORDER 04 REVISING THE CITY OF SEWARD TEMPORARY COViD-
19 EMERGENCY RULES AND ADOPTING THE CiTY OF SEWARD RECOVERY
PLAN
City Manager Scott Meszaros, in his capacity as the ❑irector of Civil Defense and
Disaster, hereby institutes the following revisions to City of Seward, Alaska's Temporary
Emergency Rules and Procedures Regarding the COVID-19 Public Health Emergency
("Seward Emergency COVID-19 Rules") and adopts the City of Seward Recovery Plan
approved by Council on [Insert Date]. These revisions become effective upon
implementation by the City Manager and are necessary to protect the public health,
welfare, and safety within the boundaries of the City of Seward. These rules and
procedures may be identified as the "Emergency COVID-19 Rules" for ease of reference.
These revised rules shall be posted on the City website and the City Clerk shall provide
City Council members notice of these rules within five days of their adoption. City Council
may repeal these rules in whole or in part via resolution. Except as otherwise provided
in this revision, the Emergency COViD-19 Rules previously implemented by the City
Manager remain in full force and effect. The revised dates contained in this Emergency
Order are bolded and underlined.
Rule 1. Electronic City Council Meetings, Any regular or special meetings of
the City Council maybe conducted via electronic means, including audio or video
conference, unless the Mayor determines that a meeting must be conducted at City Hall
and that doing so does not pose a risk to the public health, safety, and welfare. The City
Clerk shall post telephone number(s) to call into telephonic or video conference meetings
on the City of Seward website and an the written agenda for all regularly scheduled and
special meetings. Council shall ensure that reasonable accommodations are made to
afford the public a right to be heard telephonically. Telephonic participation by the public
is not ideal but is reasonable when weighed against the substantial risk to public health,
welfare, and safety posed by group gatherings during the COVID-19 outbreak. In the
event the Mayor determines an in -person meeting is necessary and does not pose a risk
to public health, welfare, and safety, no mare than five members of the public shall enter
the same space to make comments at one time. The public may also submit written
public comments for all telephonic or video conference Council meetings. The public
written comments shall be read into the record during the public comment period at all
Council meetings held electronically, except Council work sessions. if written public
comments exceed three minutes, the first three minutes of the written comment shall be
read during the meeting. Written comments must include the name of the contributor in
order to be read publicly during telephonic or video conference meetings. Current time
limits placed on public comments and testimony shall apply to telephonic and written
public comments submitted under this rule. The City must continue to comply with
meeting attendance and scheduling requirements under the Seward City Charter Section
3.2.
Temp. COVID-19 Rules and Procedures-5/21/20
00929286 Docx
Page 1 of 5
Rule 2. Council Meeting Notice and packet materials. The City Clerk shall
provide the public and media notice that is reasonable under the circumstances for all
emergency special meetings held by Council. All special meetings and agenda items
shall be posted on the City website no less than six hours before a special meeting.
Failure to post the meeting materials shall not invalidate the actions taken by Council
during an emergency meeting if Council states the reason for the failure to post adequate
notice or provide materials and clearly finds that the notice and material access provided
during the meeting was sufficient and reasonable in Tight of the emergency circumstances
underlying the meeting.
Rule 3. Meetings of Boards and Commissions. The City Manager may cancel
meetings of any board or commission if he finds that cancellation is necessary to protect
public health, safety, and welfare. Any such cancellation shall automatically extend such
deadlines for required actions by such board or commission as is specified in the
cancellation notice. All board and commission meetings may be held electronically in the
same manner proscri.bed-authorized for Council meetings in Rule 1.
Rule 4. Reserved.Suspensier€-,aril agenda
lkolanager2s-deeisien-to-postpeRe-aft-astiefi4telm
Rule 5. Licensed or Permitted Activities. The City Manager may suspend
licenses or permits for special events or any other licenses or permits issued by the City
which in the judgment of the City Manager could impact the public health or well-being of
residents or visitors to the community.
Rule 6. Purchases. The City Manager may authorize any purchase for which
funds are available reasonably related to the emergency. Such purchases may be made
without following each formal requirement of Title 6 of the Seward City Code.
Rule 7. Personnel Policies. The City Manager may adjust any personnel policies
related to leave time, other benefits or terms and conditions of employment as are
reasonably related to providing sufficient staffing during the term of the emergency while
protecting City employees and the community from COVID-19.
Rule 8. Bargaining Units. The City Manager is hereby authorized to enter into
such temporary agreements, including memoranda of understanding with the City's
00929286.DOCX
Temp. Emergency COVID-19 Rules and Procedures- 5/21/20
Page 2 of 5
bargaining units in order to promote the provision of City services and the health and
safety of the public and employees during the emergency.
Rule 9. City Facilities. The City Manager may close City facilities or limit hours
of operation as is reasonably required to protect the health of the public and employees
of the City.
Rule 10. Public Access to City Facilities. City offices and facilities shall be open
to the public so long as doing so does not pose a substantial risk to public health and
safety as determined by the Emergency Operations Team. City offices and facilities may
limit access to administrative departments by "appointment only" or restrict the number of
individuals permitted in City offices at one time. The City shall post its hours of operation
and terms of access on the City website and on all entrances to City facilities. are closed
to -the li+s Unlit
and artm h window femai+ r erwce. City
services and departments shall remain accessible to the public via telephone and email
during regularly scheduled business hours. Individuals may request appointments for in -
person meetings with City staff, which will be accommodated if doing so will not jeopardize
the health or safety of the community of Seward or its members.
Rule 11. Private Facilities. The City Manager may oily require businesses and
commercial enterprises operating within the City to close or limit operations if necessary
to-pcoteot-public hen the City Manager has triggered "orange
alert" status under the City COVID-19 Recovery Plan and the Community Outbreak Rules
are in effect. ' i
must na r wty ate of-Alaska--r
ale
Rule 11.1 Business COVID-19 Protection Measures and Protocols. All
businesses operating within the City shall comply with all relevant State of Alaska Health
Mandates. All businesses serving members of the public at a physical location within the
City shall post "COVID-19 Protection Measures and Procedures" on all entrances to and
exits from the business. The "COVID-19 Protection Measures and Procedures" shall
include, at minimum:
n
u
rkforce-Ordee
AB. The sanitation measures taken by the business to prevent the spread of
COVID-19
BG. The social distancing measures taken by the business to prevent the
spread of COVID-19
00929286. DOCX
Temp. Emergency COVID-19 Rules and Procedures- 5/21/20
Page 3 of 5
is at -all -feasible:
-EC. A contact number for individuals to report any violations of these
measures to the business owner or his or her designee.
An example of COVID-19 Protection Measures and Procedures will be posted
on the City website. A "business" for purposes of this rule does not include state,
federal or municipal government operations or facilities.
Rule 11.2 E t -Large Business Protocol/Mitigation Plan Submission
and Acknowledgement.l -State- -PrOto+s$ie. All businesses
continuing to operate at a physical location within the City or on its waters with more than.
25 employees Busieesaes-shall identified--as--"essenti^ror--as 'tontioal ielr^ • i^t1 re
wet-kfo, e---
" °ttach ^ent ) shall submit all protocols,
COVID-19 Mitigation Plans or other State -mandated COVID-19 plans required -by State
of-Alaska-kealth Mandatetothe City as soon as possible after filing these protocols or
plans with the State of Alaska. Businesses shall also provide the City confirmation of the
State's approval of its plan or protocol no more than five days after receiving such
approval. In the event a business plan or protocol requires amendment or is rejected by
the State, the business submitting that plan or protocol must notify the City no more than
48 hours after receiving the State's notification of deficiency. Businesses required to
submit a State plan or protocol under this rule shall complete a "State Protocol
Acknowledgement" form and submit that form to the City with its protocol or plan.
Submissions under this rule should be submitted electronically to
nanager(o cityofseward.net. Businesses submitting a State plan and State Protocol
Acknowledgement form under this rule are exempt from filing a mutual aid agreement
under Rule 11.3.
Rule 11.3 Mutual Aid Agreements. All businesses continuing to operate at a
physical location within the City or on its waters with more than 25 employees must
complete and file a Large Operator Mutual Aid Agreement with the City. This agreement
will be available on the City's website. Submissions required under this rule shall be
electronically submitted to managerAcityafseward.net. Businesses filing a State protocol
or plan and State Protocol Acknowledgement form under Rule 11.2 are not required to
file a mutual aid agreement under this rule. "Businesses" under this rule do not include
state, federal or municipal government operations or facilities.
Rule 12. Social Distancing. All individuals shall comply with all State of Alaska
Health Mandates while located within the City and no person shall enter City boundaries
for an activity or in a manner that violates any State of Alaska Health Mandate. The City
reserves the right to enforce these rules and State health mandates to the maximum
extent permitted under law. In the event the City Manager issues an "orange alert," all
individuals entering the City must also comply with the City's "Community Outbreak
Rules" while the "orange alert" remains in effect. In the event that the City's Community
00929286.COCX
Temp. Emergency COVID-19 Rules and Procedures- 5/21/20
Page4of5
Outbreak Rules are in effect, these rules shall preempt any other less -restrictive local or
state rules regarding social distancing or business operations.
Rule 13. Amounts Due and Owing. The City Manager, upon the
recommendation of the Finance Director, is hereby authorized to extend deadlines for
payment related to any amounts due and owing to the City.
Duration. These rules, as revised, are effective for 90 days from their date of
implementation. Council may repeal any or all of these rules by resolution. No rule shall
remain in effect for longer than is necessary to protect the public health, safety, and
welfare from the emergency public health crisis caused by COVID-19. These rules shall
expire immediately upon the repeal or expiration of the City of Seward declaration of
emergency arising from CQVID-19.
00929286 DOCX
Temp. Emergency COVID-19 Rules and Procedures- 5/21f20
Page 5 of 5
f
CITY OF SEWARD TEMPORARY COVID-19 EMERGENCY RULES
The following are the City of Seward Emergency COVID-19 Rules as revised in
Emergency Order. While these rules are updated regularly, we strongly encourage
the public to refer directly to the Emergency Orders posted on the City website to ensure
that you are referring to the most recent version of the rules. COVID-19 and its impact
on our community is rapidly changing. If you have any questions regarding the rules or
how these rules apply to you or your business, please call the City at
or email the Emergency Operations Team at . Additionally, the City
works hard to post up to date "Frequently Asked Questions" regarding both the State
Public Health Mandates and City Rules.
Rule 1. Electronic City Council Meetings. Any regular or special meetings of
the City Council maybe conducted via electronic means, including audio or video
conference, unless the Mayor determines that a meeting must be conducted at City Hall
and that doing so does not pose a risk to the public health, safety, and welfare. The City
Clerk shall post telephone number(s) to call into telephonic or video conference meetings
on the City of Seward website and on the written agenda for all regularly scheduled and
special meetings. Council shall ensure that reasonable accommodations are made to
afford the public a right to be heard telephonically. Telephonic participation by the public
is not ideal but is reasonable when weighed against the substantial risk to public health,
welfare, and safety posed by group gatherings during the COVID-19 outbreak. In the
event the Mayor determines an in -person meeting is necessary and does not pose a risk
to public health, welfare, and safety, no more than five members of the public shall enter
the same space to make comments at one time. The public may also submit written
public comments for all telephonic or video conference Council meetings. The public
written comments shall be read into the record during the public comment period at all
Council meetings held electronically, except Council work sessions. If written public
comments exceed three minutes, the first three minutes of the written comment shall be
read during the meeting. Written comments must include the name of the contributor in
order to be read publicly during telephonic or video conference meetings. Current time
limits placed on public comments and testimony shall apply to telephonic and written
public comments submitted under this rule. The City must continue to comply with
meeting attendance and scheduling requirements under the Seward City Charter Section
3.2.
Rule 2. Council Meeting Notice and packet materials. The City Clerk shall
provide the public and media notice that is reasonable under the circumstances for all
emergency special meetings held by Council. All special meetings and agenda items
shall be posted on the City website no less than six hours before a special meeting.
Failure to post the meeting materials shall not invalidate the actions taken by Council
during an emergency meeting if Council states the reason for the failure to post adequate
notice or provide materials and clearly finds that the notice and material access provided
during the meeting was sufficient and reasonable in light of the emergency circumstances
underlying the meeting.
00929292. DOCX
Temp. COVID-19 Rules and Procedures-5/21/20
Page 1 of 4
Rule 3. Meetings of Boards and Commissions. The City Manager may cancel
meetings of any board or commission if he finds that cancellation is necessary to protect
public health, safety, and welfare. Any such cancellation shall automatically extend such
deadlines for required actions by such board or commission as is specified in the
cancellation notice. All board and commission meetings may be held electronically in the
same manner proscribed for Council meetings in Rule 1.
Rule 4. Reserved.
Rule 5. Licensed or Permitted Activities. The City Manager may suspend
licenses or permits for special events or any other licenses or permits issued by the City
which in the judgment of the City Manager could impact the public health or well-being of
residents or visitors to the community.
Rule 6. Purchases. The City Manager may authorize any purchase for which
funds are available reasonably related to the emergency. Such purchases may be made
without following each formal requirement of Title 6 of the Seward City Code.
Rule 7. Personnel Policies. The City Manager may adjust any personnel policies
related to leave time, other benefits or terms and conditions of employment as are
reasonably related to providing sufficient staffing during the term of the emergency while
protecting City employees and the community from COVID-19.
Rule 8. Bargaining Units. The City Manager is hereby authorized to enter into
such temporary agreements, including memoranda .of understanding with the City's
bargaining units in order to promote the provision of City services and the health and
safety of the public and employees during the emergency.
Rule 9. City Facilities. The City Manager may close City facilities or limit hours
of operation as is reasonably required to protect the health of the public and employees
of the City.
Rule 10. Public Access to City Facilities. City offices and facilities shall be open
to the public so long as doing so does not pose a substantial risk to public health and
safety as determined by the Emergency Operations Team. City offices and facilities may
limit access to administrative departments by "'appointment only" or restrict the number of
individuals permitted in City offices at one time. The City shall post its hours of operation
and terms of access on the City website and on all entrances to City facilities. City
services and departments shall remain accessible to the public via telephone and email
during regularly scheduled business hours. Individuals may request appointments for in -
person meetings with City staff, which will be accommodated if doing so will not jeopardize
the health or safety of the community of Seward or its members.
Rule 11. Private Facilities. The City Manager may only require businesses and
commercial enterprises operating within the City to close or limit operations when the City
Temp. Emergency COVID-19 Rules and Procedures- 5121/20
Page 2of4
Manager has triggered "orange alert" status under the City COVID-19 Recovery Plan and
the Community Outbreak Rules are in effect,
Rule 11.1 Business COVID-19 Protection Measures and Protocols. All
businesses operating within the City shall comply with all relevant State of Alaska Health
Mandates. All businesses serving members of the public at a physical location within the
City shall post "COVI❑-19 Protection Measures and Procedures" on all entrances to and
exits from the business. The "CQVID-19 Protection Measures and Procedures" shall
include, at minimum:
A. The sanitation measures taken by the business to prevent the spread of
COVID-19
B. The social distancing measures taken by the business to prevent the
spread of COVID-19
C. A contact number for individuals to report any violations of these measures to
the business owner or his or her designee.
An example of COVID-19 Protection Measures and Procedures will be posted
on the City website. A "business" for purposes of this rule does not include state,
federal or municipal government operations or facilities.
Rule 11.2 Large Business Protocol/Mitigation Plan Submission and
Acknowledgement/All businesses continuing to operate at a physical location within the
City or on its waters with more than 25 employees shall submit all protocols, COVID-19
Mitigation Plans or other State -mandated COVID-19 plans to the City as soon as possible
after filing these protocols or plans with the State of Alaska. Businesses shall also provide
the City confirmation of the State's approval of its plan or protocol no more than five days
after receiving such approval. In the event a business plan or protocol requires
amendment or is rejected by the State, the business submitting that plan or protocol must
notify the City no more than 48 hours after receiving the State's notification of deficiency.
Businesses required to submit a State plan or protocol under this rule shall complete a
"State Protocol Acknowledgement" form and submit that form to the City with its protocol
or plan. Submissions under this rule should be submitted electronically to
manager[a cityofseward.net. Businesses submitting a State plan and State Protocol
Acknowledgement form under this rule are exempt from filing a mutual aid agreement
under Rule 11.3.
Rule 11.3 Mutual Aid Agreements. All businesses continuing to operate at a
physical location within the City or on its waters with more than 25 employees must
complete and file a Large Operator Mutual Aid Agreement with the City. This agreement
will be available on the City's website. Submissions required under this rule shall be
electronically submitted to manageracityofseward.net. Businesses filing a State protocol
or plan and State Protocol Acknowledgement form under Rule 11.2 are not required to
Temp. Emergency COVID-19 Rules and Procedures- 5/21/20
Page 3 of 4
00929292. DOCX
file a mutual aid agreement under this rule. "Businesses" under this rule do not include
state, federal or municipal government operations or facilities.
Rule 12. Social Distancing. AD individuals shall comply with all State of Alaska
Health Mandates while located within the City and no person shall enter City boundaries
for an activity or in a manner that violates any State of Alaska Health Mandate. The City
reserves the right to enforce these rules and State health mandates to the maximum
extent permitted under law. In the event the City Manager issues an `orange alert," all
individuals entering the City must also comply with the City's "Community Outbreak
Rules" while the "orange alert" remains in effect. In the event that the City's Community
Outbreak Rules are in effect, these rules shall preempt any other less -restrictive local or
state rules regarding social distancing or business operations.
Rule 13. Amounts Due and Owing. The City Manager, upon the
recommendation of the Finance Director, is hereby authorized to extend deadlines for
payment related to any amounts due and owing to the City.
Duration. These rules, as revised, are effective for 90 days from their date of
implementation. Council may repeal any or all of these rules by resolution. No rule shall
remain in effect for longer than is necessary to protect the public health, safety, and
welfare from the emergency public health crisis caused by COVID-19. These rules shall
expire immediately upon the repeal .or expiration of the City of Seward declaration of
emergency arising from COVID-19.
00929292. DOCX
Temp. Emergency COVID-19 Rules and Procedures- 5/21/20
Page 4 of 4
APPENDIX C
City of Seward "Code Orange" Community Outbreak Rules
CITY OF SEWARD "CODE ORANGE" COMMUNITY OUTBREAK RULES
These "Community Outbreak Rules" were adopted by Seward City Council
via Emergency Ordinance 2020-006 on June 12, 2020. These rules only go into
effect when the City Manager declares a "Code Orange" in Seward in compliance with
the City COVID-19 Recovery Plan. During ail other recovery phases, the City's
Emergency COVID-19 Rules and the State of Alaska Health Mandates apply. To the
extent State of Alaska health mandates are in effect that impose stricter restrictions or
requirements, all those mandates shall apply.
Rule 0-1. Reversion to State Strict Social Distancing and Travel Mandates. All
individuals entering the City and all private facilities operating within the City must
comply with State of Alaska Public Health Mandate 11 as it was issued March 27, 2020
("Original State Health Mandate 11") and attached to these rules. Except as otherwise
required in these Community Outbreak Rules, facilities and individuals shall continue to
comply with all other State of Alaska Public Health Mandates that are not in direct
conflict with Original State Health Mandate 11.
Rule 0-2. Medical Quarantine. Individuals under a healthcare quarantine order or
an individual testing positive for COVID-19 must:
1. Stay in his or her place of residence or lodging for the specified period of time
in the quarantine order or for a minimum of 14 days from the date of a positive
COVID-19 test if no quarantine order has been issued; and
2. Notify a healthcare provider that the individual is under medical quarantine or
has tested positive for COVID-19 before making any physical contact with that
healthcare provider or entering the provider's premises.
An individual subject to this rule may NOT leave his or her residence to attend work,
obtain supplies, engage in physical exercise or any activity except as permitted by State
of Alaska health mandate or permitted within the medical quarantine order issued to that
individual. The City shall not physically force individuals into quarantine under this rule
but the City shall fine individuals to the maximum extent permitted by law for violations of
this rule and may obtain a court order enforcing the quarantine order against the
individual. Each individual exit from quarantine constitutes a separate and distinct
violation of this rule.
Appendix C: Code Orange -Community Outbreak Rules
Page 1 of 1
00937481.DOCX
STATE CAPITOL
P.O. Box 110001
Juneau, AK 99811-0001
907-465-3500
Governor Michael J. Dunleavy
STATE OF ALASKA
550 West Seventh Avenue, Suite 1700
Anchorage, AK 99501
907-269-7450
** COVID-19 HEALTH MANDATE **
Issued: March 27, 2020
By: Governor Mike Dunleavy 01"
`341—
Cotnniissioncr Adam Crum taska Department of Health and Social Services
Dr. Anne 7. i ni.ef Medical Officer, State of Alaska
To prevent the spread of Coronavirus Disease 2019 (COVID-19), the State of Alaska is issuing
its eleventh health mandate based on its authority under the Public Health Disaster Emergency
Declaration signed by Governor Mike Dunleavy on March 11, 2020.
Given the increasing concern for new cases of COVID-19 being transmitted via community
spread within the state, Governor Dunleavy and the State of Alaska are issuing the following
mandate to go into effect March 28, 2020 at 5:00 pm and will be reevaluated by April 11,
2020.
This mandate is issued to protect the public health of Alaskans. The Governor looks to establish
consistent mandates across the State in order to mitigate the impact of COVID-19. The goal is to
flatten the curve and disrupt the spread of the virus.
The purpose of this mandate is to restrict the movement of individuals within the State of Alaska
in order to prevent, slow, and otherwise disrupt the spread of the virus that causes COVID-19.
The State of Alaska and the Alaska Department of Health and Social Services (DHSS)
acknowledge the importance of social distancing, while maintaining essential healthcare
services, public government services, and other essential business activities, to prevent, slow,
and otherwise disrupt the spread of COVID-19 in Alaska. It is imperative that Alaskans heed
these guidelines.
Health Mandate 011— Social Distancing
Effective 5:00 pm March 28, 2020:
All persons in Alaska, except for those engaged in essential health care services, public
government services, and essential business activities, are mandated to remain at their place of
residence and practice social distancing. For the purpose of this mandate, social distancing is
defined as maintaining a distance of six feet or greater from any individuals with whom you do
For the latest information on COVID-19, visit col _«_i;i\ 11 <<
State of Alaska COVID-19 Mandate 011 Page 1 of 3
not currently reside. Read the "Mandate 11 & 12 FAO's" for more details, which can be found
here: http:f/dhss.aIaska.gov/dij ; I•:pi/icl/l'ages/COVID- I9/clefiiult.aspx
Critical infrastructure includes those items listed in "Alaska's Essential Services and Critical
Infrastructure" (formerly Attachment A) htcps://gov.alaska.gov/wp-
t:oralenlhipto dNisices/2/t15 712O2()-(`(MID-I9-1tli-N,1i indatc-c)I0-Attaclutrent-A.pdf
The Governor orders individuals to abide by the following:
a. Work from home as much as possible (see Alaska Essential Services and Critical
Workforce Infrastructure Order).
b. Immediately isolate any family member who is ill.
https:/i�‘ ww.cck.$2ov/corottavirus/20 1 )-nc ov/hep/utiidance-pre.vent-
spread.lttmlitprecatttions
c. Outdoor activity (e.g., walking, hiking, bicycling, running, fishing or hunting) is
permitted when a distance of six or more feet can be maintained between
individuals not in the same household.
d. Any individual who exhibits symptoms of illness must not leave their home,
including to work, except as necessary to seek or receive medical care.
e. All individuals shall cease participation in public or private gatherings that
include non -household members, regardless of the number of people involved.
This includes, but is not limited to, weddings, faith gatherings, graduations, and
funeral events.
f. Individuals experiencing homelessness are exempt from this mandate but are
urged to obtain shelter.
II. The Governor orders the closure of non -essential businesses:
a. All businesses within Alaska, except those listed in Alaska Essential Services and
Critical Workforce Infrastructure Order, are required to cease all activities at
facilities located within the state except Minimum Basic Operations, as defined in
Section II(c). For clarity, businesses may also continue operations consisting
exclusively of employees or contractors performing activities at their own
residences (i.e., working from home).
b. For purposes of this Mandate, covered businesses include any for -profit, non-
profit, or educational entities, regardless of the nature of the service, the function
they perform, or corporate or entity structure
a. "Minimum Basic Operations" include the following, provided that employees
comply with Social Distancing Requirements as defined in this Section, to the
extent possible, while carrying out such operations:
i. The minimum necessary activities to maintain the value of the business's
inventory, ensure security, process payroll and employee benefits, or for
related functions.
ii. The minimum necessary activities to facilitate employees of the business
being able to continue to work remotely from their residences.
III. The Governor orders employers to abide by the following:
For the latest information on COVID-19, visit cx.'ronaaviru�..
State of Alaska COVID-19 Mandate 011 Page 2 of 3
a. Businesses providing essential services and critical infrastructure will, to the
extent reasonably feasible, take reasonable precautions to ensure the health of
their service sector and employees.
b. Public -facing businesses providing essential services and critical infrastructure
will proactively promote social distancing between employees and others,
including, but not limited to, expanding delivery options, drive -through services,
limiting the number of individuals in a building, clearly spacing lines to keep
individuals six feet apart, or making appointment times to minimize interactions
between members of the public.
c. Employers will evaluate which of their employees can feasibly work remotely
from home and to the extent reasonable, take steps to enable employees to work
from home.
A violation of a state COVID-19 Mandate may subject a business or organization to an
order to cease operations and/or a civil fine of up to $1,000 per violation.
In addition to the potential civil fines noted above, a person or organization that fails to
follow the state COVID-19 Mandates designed to protect the public health from this
dangerous virus and its impact may, under certain circumstances, also be criminally
prosecuted for Reckless Endangerment pursuant to Alaska Statute 11.41.250. Reckless
endangerment is defined as follows:
(a) A person commits the crime of reckless endangerment if the person recklessly
engages in conduct which creates a substantial risk of serious physical injury to
another person.
(b) Reckless endangerment is a class A misdemeanor.
Pursuant to Alaska Statute 12.55.135, a defendant convicted of a class A misdemeanor may
be sentenced to a definite term of imprisonment of not more than one year.
Additionally, under Alaska Statute 12.55.035, a person may be fined up to $25,000 for a
class A misdemeanor, and a business organization may be sentenced to pay a fine not
exceeding the greatest of $2,500,000 for a misdemeanor offense that results in death, or
$500,000 for a class A misdemeanor offense that does not result in death.
This mandate supersedes any local government or tribal mandate, directive, or order.
For the latest information on COVID-19, visit curonavircus.tiiaska.j ov
State of Alaska COVID-19 Mandate 011 Page 3 of 3