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HomeMy WebLinkAboutOrd2020-006 - Emergency Ord - Orange Alert incl Mandate 11;1 i ' Sponsored 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. s 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 Flan.. 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 12`h day of June, 2020. THE CITY OF SEWARD, ALASKA Christy Ter , Mayor AYES: Seese, Butts, Crites, Osenga, Baclaan, McClure, Terry NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. B u, NIMC City Clerk •`#OF SEi� N* (City Seal '•S ..••.......• '•« •4 # '. : • $ SEAL { • r r o OF P •` N 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.daCx 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 light 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 COVID-19; and (2) the City's resources to prepare and respond to a COVID-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 less 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 less 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 Rules' 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 less than one per 1,000. While Seward's size does not lend itself to analysis under the ' 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 i I I 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 1 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 1 website no less than 24 hours before the rules take effect; City of Seward COVID-19 Recovery Plan Page 3 of 4 00937477,DOCX 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 i The City has attached the following documents and incorporates these documents into this Plan: Appendix A: Seward's Color-Coded System f Appendix B; Emergency Order 2020-04 Revising Temporary COVID-19 Emergency Rules I Appendix C: Seward's Community Outbreak Rules Appendix ❑: Municipal Resources Regarding Alaska's COVID-19 Recovery Appendix. E: State Resources Regarding Alaska's COVID-19 Recovery z 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: Seward's Color-Coded System Appendix B: Emergency Order 04 Revising City of Seward Temporary COVID-19 Emergency Rules Appendix C: City of Seward "Code Orange" Community Outbreak Rules Appendix D: Local Resources Regarding Alaska's COVID-19 Recovery Appendix E: State Resources Regarding Alaska's COVID-19 Recovery CITY OF SEWARD COVID-19 RECOVERY PLAN-APPENDIX TOC Page 1 of 1 00932626.DOCx woo APPENDIX A City of Seward Color-Coded Alert System UNDERSTANDING SEWARD'S COVID-19 ALERTS INA 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. ACautfion 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. j w aoszssoa.00cx 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 mayshoukt-be 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. Temp. COVID-19 Rules and Procedures-5/21/20 00929286 o Page 1 of 5 c�cx Rule 2. Council Meeting Notice and packet materials. The City Clerk shall 400 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. 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 pfscrtbed-authorized for Council meetings in Mule 1. Rule 4. 'Reserved.Suspension of all Non essential meetinge and agenda t items. .All May Non essential aGIA 4- shall als be postponed until no eaF!-eF than & 2020 unless doing so would pose substantial finanGial haFfn on the City OF aA le the postponement 4an aGtien item may netify4he-Gity Manager iA WFiting Fe9aFdiAg his eF heF ebjertioA. The City Manager shall ' the MayW We the Gity �-ision to postpone an aGtiGF; , 1 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 wellbeing 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 COVIQ-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 Temp. Emergency COVi©-19 Rules and Procedures- 5/21/20 Page 2 of 5 00929285.aocx 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 ublic so Jona as doina so does not pose a substantial risk to public health and safety as determined by the Emergency ErneEgency Operations Team. City offices and facilities May limit access to administrative departments b "a ointment only" or restrict the number of individuals va fitted 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 slesed to the p is un4 #k"c, F1"A -Mt U .rlayarrn... .far rw�Fino an4the lie-faf-sesv :- 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 Q� Iy_require businesses and commercial enterprises operating within the City to close or limit operations 4-necessary tiafwatest-publis--health, welfam, and safetywhen the City Manager has triggered "orange alert"status under the C` COVID-19 Recovery Plan and the Communfty Outbreak Rules are in effect. must e rowty- ' --ka r 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- identifying u #eree A W AB. The sanitation measures taken by the business to prevent the spread of COVID-19 BLS. The social distancing measures taken by the business to prevent the spread of COVID-19 Temp. Emergency COVID-19 Rules and Procedures- 5/21/20 Page 3 of 5 00929286.00cx D. The ter g the sines&;i 4msimble- €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 Esse vtiat---Largee Business Protocol/Mitigation Plan Submission and Acknowledgement.lGritiGa#--4n€r --1 s .-All businesses continuing-to o erate at a physical location within the Ch or on its waters with more than. 25 employees Businesses-shall ' " • " "GFitiGal infFaStFUcALIFe �eletlae State-af#At Il-submit all protocols. COVID-19 Mitigation Plans or other State-mandated COVID-19 plans req-uired-by State of-Alaska-Wea-ItbMandate-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 rnana-geL@ci!yofseward.net. Businesses submitting. a State plan and State Protocol Field 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 manager _Rcityofseward.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 "oran a alert," all individuals enterin 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 Temp. Emergency COVID-19 Rules and Procedures- 5121/20 Page 4 of 5 00929286 D©Cx Outbreak Rules are in effect these rules shall ream tan other less-restrictive Iocal 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 CQVID-19. These rules shall expire immediately upon the repeal or expiration of the City of Seward declaration of emergency arising from CQVID-19. Temp. Emergency CQVID-19 Rules and Procedures- 5121120 ooszgzas❑ocx Page 5 of 5 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 i 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. Temp. COVID-19 Rules and Procedures-5121120 Page 1 of 4 aosaszsz.00cx i 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 b such board or commission as is specified y p ed in the cancellation notice. All board and commission meeting s may be held electronically in the same manner proscribed for Council meetings in Role 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 k' funds are available reasonably related to the emergency. Such purchases may be made i� without following each formal requirement of Title 6 of the Seward City Code. Rule T. 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 g. 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- 5/21/20 Page 2of4 00929292.DOCX 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 "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: 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 eward.net. Businesses submitting a State plan and State Protocol ci ofs 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 managerOcitv_ofseward.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. 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 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. ONO Temp. Emergency COVID-19 Rules and Procedures- 5/21/20 Page 4 of 4 40929292.DOCx MWO 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 all 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 ("0riginaI 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 COVI❑-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.aocx STATE CAPITOL -P.O.Box 110001 550 West Seventh Avenue,Suite 1700 �s�.�.; Y.� Juneau,AK 99811-0001 ~ i`.w h ;' Anchorage,AK 99501 907-465-3500 " 907-269-7450 Governor Michael J. DunleaV STATE OF ALASKA COVID-19 HEALTH MANDATE" ** Issued:March 27, 2020 By: Governor Mike Dtt111eavy fr*0" C:otntnissioner Adam Crurnw1aska Department of Health and Social Services Dr. Ante 7.in _ lief 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 ; o into effect March 28, 2020 at 5:00 pin and will he reevalttaled by ALril_ 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 EYfectir c 5:00 I)m 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 u�,�_�,i_�;�r i�r� ..�la,,l.,�.{;�)v State of Alaska COVID-19 Mandate 011 Page 1 of not currently reside. Read the -Maitdate 1 1 & 12 FAQ Is"" for more details, which can be found here: lit[ J/dhss.ahs{..I.L,tyv/dI h; I':I,�ii�i Critical infrastructure includes those items listed in"Alaska's Essential Services and Critical Infrastructure" (formerly Attachment A hE.t ls-G vov.o1&; - p- coetientltiploadsl5ite.sP-/()3232020-COVIi)-I IM.I�;rlilt-;1( 3G�tia�,={,f 9()-AiR�iclurtertt-r1. }c!I' I. 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.51,r�•sl�ll�tiri,l?rl�i��.�tt��i��itti 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 11(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. "Mininium 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 u,r c na. State of Alaska COVID-19 Mandate 011 Page 2 of 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 corcri Ict ,.aif,s5i:a.�v State of Alaska COVID-19 Mandate 011 Page 3 of 3