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Home My WebLink About2020-05-29 Agenda with BackupCity Council City of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Council Work Session Room1:00 PMFriday, May 29, 2020 SPECIAL CALLED MEETING WORK SESSION BEGINS AT 1:00 P.M. IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE ITEM FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION IN THE WORK SESSION ROOM Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session and special called meeting via video/teleconference. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Due to COVID-19 precautions, members of the public will not be able to attend the May 29, Special Called City Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card – On May 26, 2020, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR Page 1 Printed on 6/8/2020 May 29, 2020City Council Meeting Agenda • By phone – Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item, no matter the method. • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Friday, May 29, 2020, at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Work Session Reports Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COVID-19 response. ID 20-981A. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation (Work Session) Attachments: Receive a report, hold a discussion, and give staff direction concerning COVID-19 expenditures and funding opportunities. ID 20-1012B. Exhibit 1 - Agenda Information Sheet Exhibit 2 - COVID-19 Funding Presentation Attachments: NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following completion of the Work Session, the City Council will convene in a Special Called Meeting to consider the following item: 1. ITEM FOR INDIVIDUAL CONSIDERATION Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, extending the effective period of the Declared State of Local Disaster; superseding and replacing the Fourth Order of Council of the City of Denton issued May 5, 2020 approved by Ordinance 20-923; confirming and authorizing the expenditure of ID 20-980A. Page 2 Printed on 6/8/2020 May 29, 2020City Council Meeting Agenda funds; providing a repealer clause; and providing an effective date. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Ordinance Exhibit 3 - Draft Order of Council Exhibit 4 - Ordinance 20-873 Exhibit 5 - Presentation (Declaration and Order) Attachments: C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the 26th day of May, 2020 at 12:45 p.m. __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 3 Printed on 6/8/2020 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-981,Version:1 AGENDA CAPTION Receive a report,hold a discussion,and give staff direction regarding an update to the City of Denton’s COVID -19 response. City of Denton Printed on 5/26/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM/ DCM/ ACM: Todd Hileman DATE: May 19, 2020 SUBJECT Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COVID-19 response. BACKGROUND Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization. Likewise, both the President of the United States and the Governor of Texas have declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death. This work session report will provide an update on the City of Denton COVID-19 response. Prior reports and presentations were also presented to City Council on March 17, March 20, March 31, April 6, April 21, April 30, May 5, and May 12. A presentation and any back up material will be provided to the City Council before the meeting and posted online. OPTIONS N/A RECOMMENDATION N/A ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 5 – Council approved a New Order April 30 – Council extended the Declaration of Disaster and Approved a New Order April 6 – Council approved a new Declaration of Disaster and Order March 31 – Council postponed item for consideration on Second Mayoral Declaration of Disaster and Order March 24 – Second Mayoral Declaration of Disaster and Order March 20 – Adoption of Ordinance 20-740 Amending Council Declaration of Local Disaster and Order March 17 – Adoption of Ordinance 20-720 Extending and Modifying Mayoral Declaration City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com March 13 – Mayoral Declaration of Local Disaster and Order EXHIBITS Exhibit 1 – Agenda Information Sheet Respectfully submitted: Sarah Kuechler Chief of Staff Prepared by: Ryan Adams Deputy Director of Public Affairs/IGR Work Session Update on COVID-19 Response May 29, 2020 1Friday, May 29, 2020 Background 2 •Work Session Updates •Staff has provided updates on the City’s response to COVID-19 during work sessions on March 17, March 20, March 31, April 6, April 21, April 30, May 5, May 12, and May 19 •Local Disaster Declarations and Orders for Public Health Emergency •On May 5, Council extended the disaster declaration and approved a new order effective until May 31 (Ordinance #20-293) •Today, May 29, there is an item under Individual Consideration for Council to consider extending the disaster declaration and a new order effective until June 30 Friday, May 29, 2020 Overview of Updates 1.Intergovernmental Updates •Governor Abbott -Additional Openings under Phase II (May 26) •Denton County Public Health Testing Sites 2.City Facilities and Programs Update •City Facility Reopening Plan •Denton Public Library •Parks and Recreation 3.Virtual Board, Commission, and Committee Meetings Planned for June 3Friday, May 29, 2020 1. Intergovernmental Updates 4 Governor Abbott Announces Additional Openings 5 •On Tues., May 26, Governor Abbott issued a proclamation with additional services and activities that can open under Phase II (GA-23) •Beginning immediately as of Tuesday, May 26: •Driver education programs can resume operations •Food-court dining areas within shopping malls can also immediately resume operations, but malls are encouraged to designate one or more individuals who are responsible for ensuring health and safety practices are followed, including: limiting tables to six individuals; maintaining a six-feet distance between individuals sitting at different tables; cleaning and disinfecting tables between uses; and ensuring no condiments or other items are left on tables between customer uses. •Beginning Friday, May 29, water parks can open at 25% occupancy limit •Beginning Sunday, May 31, recreational sports programs for adults can resume, but games and similar competitions may not begin until June 15 Friday, May 29, 2020 DCPH Recurring Testing Site 6 •Denton County Public Health (DCPH) is offering a weekly recurring testing center in Denton •Tuesdays from 8 a.m. to 12 p.m. •University of North Texas –Union Circle Parking Garage •250 S. Welch St, Denton •Pre-register by calling (940) 249-2585 M-F 8am-5pm •Must meet eligibility criteria •Visit dentoncounty.gov/COVID19testing for more information Friday, May 29, 2020 2. Update on City Facilities and Programs 7 City Facility Reopening Plan 8Friday, May 29, 2020 •City facilities currently closed to the public until further notice •Parks, Libraries, and Animal Services providing limited public access •The City Manager’s Office (CMO) is coordinating reopening planning •City departments have submitted their plans and reviewed them with the CMO •Citywide reopening procedures being developed and finalized •Facilities working with departments for modifications to workplaces •Signage being created and deployed •Staff proposes opening the following facilities: •City Hall opening June 1 –City Secretary; all other services appointment-only •City Hall East opening June 1 –Customer Service/Courts; all others appointment-only •Service Center opening mid-June Reopening Safely 9Friday, May 29, 2020 •Daily health checks required of employees •Employees, volunteers, and contractors will utilize masks •Part of City’s PPE Guidelines •Required when employees cannot socially distance; in common areas •Regular disinfection of high contact areas •Safety requirements for the public in facilities •Masks = No, but recommended •Social Distancing = Yes •City programs may have additional requirements •Departments will continue to utilize telecommuting Denton Public Library Reopening Plan Phase 2: Limited Critical Services will begin June 1. ▪Curbside hold pickup ▪Customer service, reference, and reader’s advisory by phone and e-mail ▪24/7 Downloadables and Online Resources ▪eCards and eRenewals ▪Virtual Programming ▪Virtual Book-A-Librarian ▪Appointment requests online ▪Staff using MS Teams for video conference and screen sharing ▪Appointment based access to public PCs and internet ▪Patrons call to make appointments up to 7 days in advance ▪Appointments at each branch for library PCs or internet access on personal devices ▪Printing available as part of appointments ▪All branches: M-F morning or afternoon appointments; North Branch: Sat morning appointments 10 Denton Public Library Reopening Plan Phase 3: Limited Core Services-will begin in late June on a branch-by-branch basis Library facilities reopen with 25% limited capacity and limited services ▪Access to library materials throughout facilities ▪Access to some library computers; Wi-Fi and printing services ▪Copier and fax services ▪Regular drive-up window service at North Branch Library ▪24/7 Downloadables and Online Resources ▪Virtual Programming ▪Virtual Book-A-Librarian appointments ▪Study, meeting, and quiet rooms unavailable; MakerSpace unavailable ▪No lounge seating; limited study tables with time limits ▪No youth or teen interactive play areas * All services and timelines are subject to change pending CDC, state and local directives, professional guidelines, and future potential outbreaks 11 Parks & Recreation Re-openingProposed PlanMay 29, 2020 12 Please note the following plan has not been finalized. Staff will be seeking Council direction and feedback during the work session. Services •Parks •Open spaces •Trails •Fishing ponds •Tennis courts •Disc golf course •Driving range •Basketball courts •Civic Center Pool Hygiene Operations •Showers •Laundry Station (Closed May 15) •Monday through Saturday •9am–5pm •Virtual Recreation Center Open to the Public as of May 29 13 Services •Tennis Courts •Contract instruction allowed –June 15 •Continued drop-in •Driving Range •Contract instruction allowed –June 15 •Bucket sales •Range stalls spaced appropriately •Sports •Sand volleyball courts -June 1 •Hockey rinks –June 1 •Athletic field use and rentals –June 5 •Contracted sports/fitness programs –June 15 •Restrooms •Open with daily sanitation procedures –June 15 •Summer Food Program –June 1 •Daily between 10:30am-12:30pm •Denia and MLK Jr. Recreation Centers •Hygiene Station continued •Inclement Weather Shelter •Civic Center •12pm-5pm •Staff from CCP moves to Civic Center when cooling station required per inclement weather policy Staffing •FT and PT staff as needed •High-risk staff remain working remotely •Lead time –Minimum 3-day required Programs •Approved sports •Limited attendance •Health and safety recommendations implemented •Waivers Phase 2| June 1 –June 15 14 Services •North Lakes Recreation Center •First recreation center to open for general use •M-F -6am-12pm, 2pm-8pm •Sat –8am-3pm •Attendance restrictions –25% occupancy •Drop-in activities •Facility modifications •Physical barriers •Limited equipment use and/or spacing •No shower or locker use •Removal of high touch items •Automate amenities •COVID policy / procedures •PPE •Sanitation schedule / documentation •Social distancing •Signage and waivers Staffing •Minimum staffing: 9 FT •Temporary seasonal staff required if other programs running simultaneously •Lead time: Minimum 4-week prior to operations •High-risk staff remain working remotely •PARD not able to support non-profit staffing Payments •Online / Credit card transactions Programs •Limited offerings •Fitness room drop-in and classes •Limit number of participants •Continued transition to virtual platform •Reservation of time slots •Fitness room Phase 3A| June 22 –North Lakes Recreation Center Budget •North Lakes Recreation Center •If opened June 22, drop-in and limited programming, budget assumed to September 30. •Recommended •Controlled environment •Ease of sanitation •Ease of customer management •Promote social distancing Option 3A | June 22 –North Lakes Recreation Center 2019-20 Adopted Budget Adjusted Budget If closed through 9/30* Adjusted Budget Based on Reopening 7/1* [Pre-Covid-19][During Covid- 19] [Reopening Texas]** Expenses $722,710 $502,231 $531,505 $29,274 Revenue $328,684 $81,000 $115,000 $34,000 Subsidy ($394,026)($421,231)($416,505)$4,726 * Updated Forecast Presented to City Council in April ** Does not include $118,000 of budgeted Full Time staff reallocated Change from Adjusted Budget if closed through 9/30 16 Budget •Civic Center Pool •Budget based on opening July 1, 49 days of operations, 200- person capacity daily (maximum) at 25% capacity, no rain dates. •Not recommended •Higher risk •Management of interactions and gatherings •Social distancing challenge •Challenge of sanitation •Limited opening •Weather impacts Option 3B | July 1 –Civic Center Pool 2019-20 Adopted Budget Adjusted Budget If closed through 9/30* Adjusted Budget Based on Reopening 7/1* [Pre-Covid-19][During Covid- 19] [Reopening Texas]** Expenses $319,690 $52,703 $121,748 $69,045 Revenue $146,414 $0 $37,582 $37,582 Subsidy ($173,276)($52,703)($84,166)($31,463) * Updated Forecast Presented to City Council in April ** Does not include $26,000 of budgeted Full Time staff reallocated Change from Adjusted Budget if closed through 9/30 17 Budget •Summer Camps •If opened July 6, for 5 weeks •Not recommended •Higher risk •Enclosed facility •Management of interactions between participants •Social distancing •Limited activities Option 3C | July 6 –Summer Camps Expenses Start-Up Costs $3,300 Additional cleaning supplies and signage Supplies $7,000 $5,000 has already been spent, $2,000 in additional costs TOTAL EXPENSES $10,300 True actual cost is $10,300, Staffing already a committed expense Revenues Registration $27,500 44 participants for 5 weeks CDBG Scholarship Funding $13,182 56 participants for 5 weeks TOTAL REVENUES $40,682 NET IMPACT $30,382 ** Does not include $115,500 of budgeted Full Time and Permanent Part Time Staff 18 Services •Dog Parks •Keep all play areas open to promote social distancing •Discourage human interaction with other pets •Posted signage on COVID warning •Consider industry best practices •Playgrounds •Promote personal hygiene and sanitation procedures •Promote social distancing •Pavilion Rentals Staffing •Lead time: Minimum 3-days prior to operations •High-risk staff remain working individually Phase 4| June –July 19 Health and Safety •Orders and guidelines •Formal policy and procedures •Personal protection equipment availability •Significant amount needed to reopen •Masks and gloves •Disinfecting spray / wipes •Hand sanitizer •Automatic hand sanitizer dispensers (wall mounted and standing) •Sanitation and disinfecting Staffing •Phase 1 and 2 –utilization of FT and PT staff •Phase 3 –Option A or C –utilization of FT and PT staff (B need seasonal lifeguards) •Phase 3 –Option A, B and/or C –requires return of temporary seasonal staff •Limited capacity during phases Budget •Adjusted forecast •Cost of service impact •Prioritization of programming needs Restrictions •Liability concerns •Operations / activities •Maximum occupancy / gathering numbers •Recreation centers / special events / rentals •Social acceptance Programming •Registration timelines •Cooling stations •Summer food program •CCP operations •Alternate work sites –non-profit assistance •After School Action Site timeline Summary of Impacts 20 Reopening Overall Proposal –Recreation Centers •North Lakes Recreation Center –June 22 •MLK Jr Recreation Center –September 1 •Denia Recreation Center –TBD •Denton Senior Center -TBD –Aquatic Facilities •Carl Young Park Sprayground -TBD •Natatorium –August 15 •Civic Center Pool –Spring 2021 •Water Works Park –Spring 2021 –Summer Camps •Not offered in Summer 2020 •Virtual camp packages •Dog Parks •CDC recommendation not to open •Community desire to open •Some other cities have opened dog parks or never closed •Playgrounds •CDC recommendation not to open •Observe social distancing •Next Steps… •Adopt Park Plan with Emergency Declaration and approve implementation of select phases Discussion & Next Steps 21 3. Update on Board, Commission, and Committee Meetings 22 Board, Commission, and Committee Meetings •On April 21, staff presented to Council on virtual public meetings and received direction for B&C meetings for the month of May •Staff has continued to expand and schedule virtual meetings for Boards, Commissions, and Committees where needed and as capacity allows •Suspension of TOMA requirements under State declaration, effective until June 11; may be extended again o Implementing modifications to Work Session Room to be prepared for City Council if it is not extended •There are currently 19 virtual public meetings planned for June if suspension of requirements continues (see chart) 23Friday, May 29, 2020 Questions? 24Friday, May 29, 2020 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-1012,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction concerning COVID-19 expenditures and funding opportunities. City of Denton Printed on 5/26/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance CFO: Antonio Puente, Jr. DATE: May 29, 2020 SUBJECT Receive a report, hold a discussion, and give staff direction concerning COVID-19 expenditures and funding opportunities. BACKGROUND The City has experienced significant costs related to the COVID-19 pandemic and anticipates costs to increase over the coming months. Multiple funding opportunities exist to offset these additional costs including potential FEMA reimbursements, additional CDBG funding, and grant opportunities. Most recently, Denton County approved a plan to distribute COVID Relief Fund (CRF) resources to cities. This work session report will review parameters of the County CRF distribution, other funding opportunities, and projected COVID-19 costs. RECOMMENDATION N/A EXHIBITS 1 – Agenda Information Sheet 2 – Presentation Respectfully submitted: David Gaines, 349-8260 Director of Finance City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 11 COVID-19 Costs and Reimbursements 1 2 Presentation Objectives •Review COVID-19 Reimbursement Opportunities •County –CRF Funding •Cares Act CDBG Funding •FEMA Reimbursement •Other Opportunities •Review Current and Projected COVID-19 Response Costs •Discuss Utilization of Funding Opportunities for Related Costs 3 COVID Relief Fund (CRF) -Denton County •Denton County Received $147,733,721 in CRF Funding as part of the CARES Act •The County has approved the following general outline of funding •$45M reserved for distribution to Denton County cities •$24M allocated to local business grants •$20M for housing assistance program •$10M for food programs •$6M estimated expenditures to date on COVID-19 •$2M support to local non profits •$20M for County ongoing expenses, PPE, and Public Health 4 COVID Relief Fund (CRF) -Denton County •$45 Million for distribution to Denton County cities •Distribution equal to $55 per capita. •Approximately $7.5M for City of Denton •Denton County Gave Cities Three Options for Distribution 1.Full Funding –City of Denton Choice •City sent letter of intent to Denton County requesting full, upfront funding to be managed by the City 2.Supplies only 3.Combination; supplies & reimbursement •County Treasurer will submit payment to City once an Interlocal Agreement is executed •City must submit and/or retain documentation for County/State/Federal Audit 5 COVID Relief Fund (CRF) -Denton County Eligible Costs •Expenditures which were •Incurred due to the public health emergency •Were not accounted for in the approved budget •Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 •Examples •Payroll expenses for services substantially dedicated to mitigating or responding to the public health emergency •Expenses of actions to facilitate compliance with COVID-19-related public health measures •Emergency medical response expenses •Expenses for acquisition and distribution of medical and protective supplies •Expenses for disinfection of public areas and other facilities •Expenses to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs •Staff will work with County representatives and continue to interpret guidance from the Treasury Department regarding eligible expenses 6 CARES Act –CDBG Funding •Denton will received $618,736 in CDBG-CV funding to prevent, prepare for, and respond to COVID-19 •Eligible Costs •Acquisition, construction, reconstruction, or installation of public works, facilities, and site or other improvements •Rehabilitation of buildings and improvements •Provision of assistance to private, for‐profit entities [when appropriate] to carry out an economic development project •Provision of assistance to microenterprises •Provision of public services used for coronavirus efforts •Planning costs 7 FEMA COVID-19 Public Assistance Reimbursement •Eligible emergency protective measures taken to respond to the COVID-19 emergency at 75% of the Federal cost share •Eligible Costs Examples •Medical care and transport •Transporting and pre-positioning equipment •Emergency Operation Center related costs •Emergency access •Supplies and commodities •Evacuation and sheltering •Dissemination of public health or emergency information 8 Other Reimbursement Opportunities •CARES Act EMS Grant •$60,000 •Grant Received •CARES Act Airport Funding •$157,000 •Grant Awarded •Bureau of Justice Coronavirus Emergency Supplemental Funding •$82,000 •Applying for Grant •State of Texas Public Safety Office CESF Grant •Unspecified Amount •Assistance to Firefighters COVID-19 Supplemental Grant •Unspecified Amount 9 Projected COVID-19 Related Costs •Costs projected through December 2020 •Further guidance and clarification regarding CRF Funds may change eligible reimbursements •A portion of CRF Eligible Costs will also be eligible for 75% FEMA Reimbursement COVID-19 Costs CRF Funding CDBG Funding 7,500,000$ 618,736$ Public Safety Personnel Costs - COVID Response 580,000$ 580,000$ Other Personnel Costs - COVID Response *1,126,466$ 300,000$ COVID Sick/EFMLA *200,000$ 75,000$ Safety Equipment (PPE, First Responder, Disinfectant & Sanitizer) 155,236$ 155,236$ Homelessness Assistance (Hotels and Security)142,160$ 142,160$ Utility Assistance Program 50,000$ 50,000$ Non Profit Assistance - United Way Program 150,000$ 150,000$ Other COVID Materials and Supplies 45,700$ 45,700$ Public Safety Personnel 2,030,000$ 2,030,000$ Other Personnel Costs - COVID Response *3,942,631$ 1,050,000$ COVID Sick/EFMLA *700,000$ 262,500$ Safety Equipment (PPE, First Responder, Disinfectant & Sanitizer) 543,326$ 543,326$ Homelessness Assistance (Hotels and Security)837,794$ 837,794$ Utility Assistance Program -$ Non Profit Assistance - United Way Program -$ Other COVID Materials and Supplies 159,950$ 159,950$ City Facility Capital Costs - COVID-19 Mitigation **4,500,000$ 4,500,000$ CDBG Initiatives 618,736$ 15,163,263$ 10,881,666$ 618,736$ (3,381,666)$ -$ * Assumes less than 100% costs will be eligible for reimbursement. Staff will work with County and continue to interpret guidance on eligible expenses.** Facilities including City Hall, Service Center, Development Services (Daybreak) Buidling, Loop 288 Building, and others as neccesary. Eligible COVID- 19 Response Expenses Through 5/20/20 Allocation Anticipated COVID-19 Response Expenses 5/20/20 - 12/31/20 Remaining Total Additional COVID Response 10 Questions? City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-980,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,extending the effective period of the Declared State of Local Disaster;superseding and replacing the Fourth Order of Council of the City of Denton issued May 5,2020 approved by Ordinance 20-923;confirming and authorizing the expenditure of funds; providing a repealer clause; and providing an effective date. City of Denton Printed on 5/26/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM/ DCM/ ACM: Todd Hileman DATE: May 29, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home–rule municipal corporation, extending the effective period of the declared state of local disaster; superseding and replacing the fourth order of council of the City of Denton issued May 5, 2020 approved by Ordinance 20-923; confirming and authorizing the expenditure of funds; providing a repealer clause; and providing an effective date. BACKGROUND Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization. Likewise, both the President of the United States and the Governor of Texas have declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death. First Declaration and Order On March 13, the Mayor determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and suspending all City utility shut-offs to residential customers. On March 13, 2020, the Mayor executed a “Declaration of Local Disaster for Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the Declaration. On March 17, 2020, the City Council extended the Mayoral Declaration with Ordinance 20-721. This extension increased the term of the declaration through April 30, unless otherwise modified by Council. On March 20, 2020, City Council further amended Ordinance 20-721 by Ordinance 20-740. Under that amended ordinance: • Community gatherings of 50 persons or more are prohibited within the City of Denton. • Social gatherings of more than 10 persons are prohibited within the City of Denton beginning at 12:01 a.m. on March 21, 2020 and continuing through the duration of Gov. Abbott’s Executive Order GA 08, signed March 19. • High-risk individuals, as defined by the Centers for Disease Control and Prevention (CDC), are urged to cancel, reschedule, or not attend any gatherings during this time. • All non-essential City of Denton Municipal Court proceedings are postponed until after April 30, 2020. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com • Restaurants, microbreweries, micro-distilleries, and wineries within the City may only provide take out, delivery, or drive-through services. • All City of Denton utility non-payment shut-offs are suspended through April 30, 2020. • Up to $500,000 of funding is authorized to be spent for COVID-19 response activities. • Up to $50,000 of funding is authorized to be provided to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance. Second Declaration and Order On March 24, 2020, the City of Denton and Denton County issued a new declaration of disaster and order and executive order, respectively, to establish “Stay at Home” mandates for both jurisdictions. The second Mayoral declaration and order, issued by Mayor Watts, mandated that, except for essential activities and the operations of essential businesses, residents must stay at their place of residence to slow the spread of COVID-19. Additional detail is provided in the City of Denton order. It became effective at 11:59 p.m. on Wednesday, March 25, 2020 and expired on 11:59 p.m. on Wednesday, April 1, 2020. The County Executive Order was extended, with a small number of modifications, on March 31 by the Denton County Commissioners Court. The Denton County order is valid through April 7, 2020. Governor’s Executive Order GA-14; Ordinance and Order 20-812 On March 31, 2020, Governor Abbott issued executive order GA-14 (attached) that, among other mandates, states that every person in Texas shall, except where necessary to provide or obtain essential services, minimize social gatherings and minimize in-person contact. Additionally, the order states: • People shall avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms, massage establishments, tattoo studios, piercing studios, or cosmetology salons; allowing for take- out, drive-thru, and delivery services for food establishments; • People may from access essential services or engage in essential daily activities, such as going to the grocery store or gas station, providing or obtaining other essential services; • People are not prohibited from visiting parks, hunting or fishing, or engaging in physical activity like jogging or bicycling; • People shall not visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities unless to provide critical assistance; • people and businesses should follow the • Guidelines from the President and the CDC by practicing good hygiene, environmental cleanliness, and sanitation, implementing social distancing, and working from home if possible; • All services should be provided through remote telework from home unless they are essential services that cannot be provided through remote telework; • If religious services cannot be conducted from home or through remote services, they should be; and • Schools shall remain closed and not recommence prior to May 4, 2020. The order states that essential services shall “consist of everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, plus religious services conducted in churches, congregations, and houses of worship.” The Texas Division of Emergency Management shall maintain a list of essential services and, as necessary, add to it. The list is accessible at www.tdem.texas.gov/essentialservices. On April 6, 2020, the City Council adopted Ordinance 20-812 and its associated order of Council. This action, among other provisions, extended the Stay at Home order through April 30, 2020, authorized the City Manager to expend up to $750,000 in funding for disaster response, and aligned the city’s order with that of the State of Texas and Denton County. Governor’s Executive Order GA-16 and GA-17 On Friday, April 17, Governor Abbott announced three Executive Orders that will begin to reopen certain businesses and state parks, ease some surgery restrictions under certain parameters, and aim to reduce further spread of COVID-19 in Texas. Of the three Orders, Executive Order (GA-17) establishes a “statewide strike force” of nationally recognized medical experts and private and public leaders who will advise the Governor on safely and strategically reopening the state. Gov. Abbott is scheduled to announce additional details of the phased strategy to reopen businesses on Monday, April 27. Executive Order GA- 16 relates to the safe, strategic reopening of select services and activities in Texas. This order establishes a temporary "Retail-To-Go" model that will allow retail outlets in Texas to reopen beginning Friday, April 24. Under this model, reopened establishments are required to deliver items to customer's cars, homes, or other locations to minimize contact. Recent Developments Governor Abbott has indicated that additional guidance will be provided on April 27. Executive Orders GA-21 and GA-23 further relaxed on businesses, services, and activities for residents in the State of Texas. On April 30, 2020, the City Council adopted Ordinance 20-873 to remain in compliance and to be consistent with the Governor’s Executive Orders and the County Orders. It also extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent proclamation renews the Texas Governor’s disaster proclamation. Ordinance 20-873 was superseded on May 5, 2020 by Ordinance 20-923 to allow for certain development applications to be accepted by the City. The ordinance being considered extends the declaration of local disaster to 11:59 p.m. on June 30, 2020 and adopts a Fifth Order of Council (attached). Additionally, the updated Order of Council would allow staff to more equitably collect permit fees for those businesses which had been ordered to close and are unable to operate, specifically those establishments that have more than 51 percent of their gross receipts from the sale of alcoholic beverages. It authorizes reimbursement of food establishment permit fees collected for those businesses that have more than 51 percent of their gross receipts from the sale of alcoholic beverages. The reimbursement of fees is the difference between current twelve (12) permit fee and the prorated seven (7) month rate. This would not apply to those establishments closed prior to the first declaration of local disaster and order on March 13, 2020. OPTIONS N/A RECOMMENDATION N/A ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 5 – Adoption of Ordinance 20-923 superseding Ordinance 20-873 April 30 – Adoption of Ordinance 20-873 extending the declaration of local disaster and superseding Ordinance 20-812 April 6 – Adoption of Ordinance 20-812 superseding Ordinance 20-740 March 24 – Second Mayoral declaration of local disaster and order March 20 – Adoption of Ordinance 20-740 amending Ordinance 20-721 March 17 – Adoption of Ordinance 20-721 extending and modifying Mayoral Declaration March 13 – Mayoral declaration of local disaster and order FISCAL INFORMATION N/A BID INFORMATION N/A EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Draft Ordinance Exhibit 3 – Draft Order of Council Exhibit 4 – Ordinance 20-923 Respectfully submitted: Ryan Adams Deputy Director of Public Affairs/IGR ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME–RULE MUNICIPAL CORPORATION, EXTENDING THE EFFECTIVE PERIOD OF THE DECLARED STATE OF LOCAL DISASTER; SUPERSEDING AND REPLACING THE FOURTH ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED MAY 5, 2020 APPROVED BY ORDINANCE 20-923; CONFIRMING AND AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings and requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and temporarily suspending all City utility shut-offs to residential customers; and WHEREAS, on March 13, 2020, the Mayor executed a “Declaration of Local Disaster for Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the Declaration; and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit “C,” including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continues to evolve and measures must be taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council amended the Order of Council on March 20, 2020; and WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton, the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, attached hereto as Exhibit “A,” and an “Order of the Mayor of the City of Denton” pursuant to the Second Declaration, attached hereto as Exhibit “B,” extending measures in an attempt to slow the spread of the disease; and WHEREAS, Governor Greg Abbott issued Executive Order GA-14 on March 31, 2020, further limiting public gatherings and defining which “essential services” were to continue during the declared state-wide emergency; and WHEREAS, GA-14 expressly preempted local ordinances, declarations, and orders in conflict with it; and WHEREAS, in compliance and to be consistent with GA-14, the City Council passed a Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council; and WHEREAS, Governor Abbott issued Executive Order GA-16 on April 17, 2020, superseding GA-14, allowing retail stores to reopen under certain conditions and using certain procedures; and WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA-18, further ordering that people minimize social gatherings and in-person contact with people not in the same household except where necessary to obtain essential or reopened services, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and Executive Order of the Denton County Commissioners Court, which extended the emergency declaration through May 15, 2020 and incorporated the provisions of GA-18 and the social distancing guidelines promulgated by the Centers for Disease Control; and WHEREAS, on April 30, 2020, the City Council in compliance and to be consistent with the Governor’s Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent proclamation renews the Texas Governor’s disaster proclamation; and WHEREAS, on May 5, 2020, the City Council in compliance and to be consistent with the Governor’s Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to supersede and replace the Fourth Order of the Council of the City of Denton dated May 5, 2020, confirming the expenditure of funds as previously authorized; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, Council confirms the effective period of Declaration of Local Disaster executed by the Mayor on March 13, 2020 is extended until 11:59 p.m. on June 30, 2020 and shall be further extended to the same date as any proclamation by the Governor of the State of Texas renewing the original March 13, 2020 COVID-19 proclamation in the interest of public health and safety in an attempt to prevent the spread of COVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Council hereby adopts the Fifth Order of Council, dated May 29, 2020, attached hereto as Exhibit “A.” SECTION 4. It is Council’s intent that this Ordinance and the Order of Council attached hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through Ordinance 20-420, March 20, 2020 through Ordinance 20-740, April 6, 2020 through Ordinance 20-812, April 30 through Ordinance 20-873, and May 5 through Ordinance 20-923. To the extent those prior Orders conflict with the Order herein passed, they are repealed. SECTION 5. The City Council confirms the expenditure authority as further specified in Exhibit “A,” including the authority previously granted to the City Manager to execute an Amendment with the United Way of Denton County Inc. regarding funds previously budgeted for the Barriers Fund. SECTION 6. The motion to approve this Ordinance was made by _______________and seconded by _______________________; the Ordinance was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2020. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ EXHIBIT A FIFTH ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: MAY 29, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. As the number of positive cases of COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the following measures described in this Order. This Order supersedes and replaces the Fourth Order of the City Council adopted on Tuesday, May 5, 2020 (Ordinance No. 20-923). PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON MAY 5, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS: 1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency, originally enacted by the Mayor on March 13, 2020 and extended by Council pursuant to ordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order shall take effect at 11:59 p.m. on May 31, 2020 and continue through 11:59 p.m. on June 30, 2020. 2. Effective as of 11:59 p.m. on May 31, 2020: a. It is recommended that all individuals currently living within the City of Denton STAY AT HOME or their current place of residence. For the purposes of this Order, residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence. b. All businesses operating within the City of Denton shall abide by the regulations set out in Gubernatorial Executive Order GA-23, signed by Governor Abbott on May 18, 2020, as may be further amended. The restrictions and prohibitions of GA-23 are incorporated herein by reference as if set out fully herein. To the greatest extent possible, all essential businesses and reopened services shall comply with the Social Distancing Guidelines promulgated by the United States Centers for Disease Control and Prevention (CDC), including maintaining six-foot social distancing for both employees and the general public. c. All elective medical, surgical, and dental procedures shall comply with the requirements of Gubernatorial Executive Order GA-19, as may be amended. Page 2 of 3 3. This Order hereby authorizes the use of all lawfully available enforcement tools found in Denton City Code, Chapter 9 (Emergency Management), state laws and gubernatorial orders, or federal laws. 4. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered continued as set forth herein: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the following exceptions: i. The Planning and Zoning Commission shall meet no more than twice per month; ii. The Public Utilities Board shall meet no more than twice per month; iii. The Civil Service Commission shall meet as needed; and iv. Other boards and commissions shall meet only as necessary to consider time- sensitive items critical for the continued operation of the City and provision of services to the public. b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; c. Only electronic purchasing submissions shall be accepted; d. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; e. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; f. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; g. The City Manager is authorized to approve individual purchases and sign contracts up to $500,000.00 for general expenditures already budgeted or authorized by Section 7(k) of this Order; h. All City of Denton utility non-payment shut offs are suspended during the term of this Order and no penalties for non-payment of utilities under Ordinances 19-2140, 19-2136, 19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any extension hereof; and i. The City Manager is given authority to expend those previously budgeted funds of up to $100,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance; Page 3 of 3 j. The City Manager is authorized to expend no more than Eight Hundred Fifty Thousand Dollars ($850,000.00) from the general fund reserve balance during this period to proceed with the necessary emergency responses and essential functions not already budgeted, which includes the previously authorized. k. The City Manager is authorized to expend no more than the previously authorized Fifty Thousand Dollars ($50,000.00) from the customer service fund reserve balance during this period to increase utility assistance funding for FY 2019-2020 to One Hundred Seventy-Five Thousand Dollars ($175,000.00). l. All non-essential in-person court proceedings in the Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. Court proceedings that may be conducted remotely may be held at their scheduled time, or rescheduled during the term of this order if such proceeding has already been postponed. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. m. Due to increased demand for household products and groceries resulting from stock up buying and individuals who purchase for resale, retail suppliers shall use common sense rationing of household products and groceries that are in limited supply. n. For business establishments that have more than fifty-one percent (51%) of their gross receipts from the sale of alcoholic beverages, the City Manager is authorized to take the following actions: 1. Temporarily extend City-issued food establishment permit expiration until July 31, 2020 without penalty for those set to expire prior to that date; 2. Prorate the City food establishment permit fees for the current year from twelve (12) months down to seven (7) months; and 3. Where such an establishment has already paid its permit fee for twelve (12) months, reimburse said establishment an amount to reflect a prorated seven (7) month rate. 5. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City’s website and in other conspicuous places. IT IS SO ORDERED PURSUANT TO ORDINANCE NO. ___________ _________________________________ Mayor Chris Watts City of Denton ORDINANCE NO.20-923 AN ORDNANCE OF THE CITY OF DENTON, A TEXAS HOME–RULE MUNICIPAL CORPORATION, CONFIRMING THE EFFECTrVE PERIOD OF THE DECLARED STATE OF LOCAL DISASTER; SUPERSEDING AND REPLACING THE THIRD ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED APRIL 30, 2020 APPROVED BY ORDINANCE 20-873; CONFIRMING AND AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings and requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and temporarily suspending all City utility shut-offs to residential customers; and WHEREAS, on March 13, 2020, the Mayor executed a “Declaration of Local Disaster for Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the Declaration; and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-72 1, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit “C,” including the authorization to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continues to evolve and measures must be taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council amended the Order of Council on March 20, 2020; and WHEREAS, as COVID-19 continued to spread throughout the City and County of Denton, the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, attached hereto as Exhibit “A,” and an “Order of the Mayor of the City of Denton” pursuant to the Second Declaration, attached hereto as Exhibit “B,“ extending measures in an attempt to slow the spread of the disease; and WHEREAS, Governor Greg Abbott issued Executive Order GA-14 on March 31, 2020, further limiting public gatherings and defining which “essential services” were to continue during the declared state-wide emergency; and WHEREAS, GA-14 expressly preempted local ordinances, declarations, and orders in conflict with it; and WHEREAS, in compliance and to be consistent with GA-14, the City Council passed a Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council; and WHEREAS, Governor Abbott issued Executive Order GA-16 on April 17, 2020, superseding GA-14, allowing retail stores to reopen under certain conditions and using certain procedures; and WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA-18, further ordering that people minimize social gatherings and in-person contact with people not in the same household except where necessary to obtain essential or reopened services, and still expressly preempting local ordinances, declarations, and orders in conflict with his orders; and WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and Executive Order of the Denton County Commissioners Court, which extended the emergency declaration through May 15, 2020 and incorporated the provisions of GA-18 and the social distancing guidelines promulgated by the Centers for Disease Control; and WHEREAS, on April 30, 2020, the City Council in compliance and to be consistent with the Governor’s Executive Orders and the County Orders, extended the effectiveness of the Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent proclamation renews the Texas Governor’s disaster proclamation; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of Denton to supersede and replace the Third Order of the Council of the City of Denton dated April 30, 2020, confirming the expenditure of funds as previously authorized; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 218.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, Council confirms the effective period of Declaration of Local Disaster executed by the Mayor on March 13, 2020 is extended until 11:59 p.m. on May 3 1, 2020 and shall be further extended to the same date as any proclamation by the Governor of the State of Texas renewing the original March 13, 2020 COVID-19 proclamation in the interest of public health and safety in an attempt to prevent the spread of COVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Council hereby adopts the Fourth Order of Council, dated May 5, 2020, attached hereto as Exhibit “A.” SECTION 4. It is Council’s intent that this Ordinance and the Order of Council attached hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through Ordinance 202120, March 20, 2020 through Ordinance 20-740, April 6, 2020 through Ordinance 20-812, and April 30 through Ordinance 20-873. To the extent those prior Orders conflict with the Order herein passed, they are repealed. SECTION 5. The City Council confirms the expenditure authority as further specified in Exhibit “A,” including the authority previously granted to the City Manager to execute an Amendment with the United Way of Denton County Inc. regarding funds previously budgeted for the Barriers Fund. SECTION 6. The motion to approve this Ordinance was made by a#/v/ey#/a and seconded by Ke£DV /3@ Gas ; the Ordinance was passed and approved by the following vote [a1 M LVJa ' Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: / Ji ,/ r ,/ / / da :0PASSED AND APPROVED this the nh CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 1\\1111111//fDOF eB•++e U.hz/; 1 j+ ninJ\ l••++ee+• lON 111111\ APPROVED AS TO LEGAL FORM: AARON LEAL. CITY ATTORNEY EXHIBIT A DENTON FOURTH ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: MAY 5, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. As the number of positive cases of COVID-19 continue to increase in the City of Denton, there is an immediate need to undertake the following measures described in this Order. This Order supersedes and replaces the Third Order of the City Council adopted on Thursday, April 30, 2020 (Ordinance No. 20-873). PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON APRIL 30, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS: 1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency, originally enacted by the Mayor on March 13, 2020 and extended by Council pursuant to ordinance, supersedes and replaces the prior Orders of the Mayor and of Council. The Order shall take effect at 11:59 p.m. on May 5, 2020 and continue through 1 1:59 p.m. on May 31, 2020. 2 Effective as of 1 1 :59 p.m. on May 5, 2020: a.It is recommended that all individuals currently living within the City of Denton STAY AT HOME or their current place of residence. For the purposes of this Order, residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence b.All businesses operating within the City of Denton shall abide by the regulations set out in Gubernatorial Executive Order GA-18, signed by Governor Abbott on April 27, 2020, as may be further amended. The restrictions and prohibitions of GA- 18 are incorporated herein by reference as if set out fully herein. To the greatest extent possible, all essential businesses and reopened services shall comply with the Social Distancing Guidelines promulgated by the United States Centers for Disease Control and Prevention (CDC), including maintaining six-foot social distancing for both employees and the general public C.All elective medical, surgical, and dental procedures shall comply with the requirements of Gubernatorial Executive Order GA- 19, as may be amended. 3 . This Order hereby authorizes the use of all lawfully available enforcement tools found in Denton City Code, Chapter 9 (Emergency Management), state laws and gubernatorial orders, or federal laws. 4. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered continued as set forth herein: a.All City Committee, Commission, and Board meetings are suspended through the term of this order, with the following exceptions: 1. 11. 111. IV. The Planning and Zoning Commission shall meet no more than twice per month; The Public Utilities Board shall meet no more than twice per month; The Civil Service Commission shall meet as needed; and Other boards and commissions shall meet only as necessary to consider time- sensitive items critical for the continued operation of the City and provision of services to the public. b. C. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; Only electronic purchasing submissions shall be accepted; d e. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; f. g. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; The City Manager is authorized to approve individual purchases and sign contracts up to $500,000.00 for general expenditures already budgeted or authorized by Section 7(k) of this Order; h.All City of Denton utility non-payment shut offs are suspended during the term of this Order and no penalties for non-payment of utilities under Ordinances 19-2140, 19-2136, 19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any extension hereof; and 1.The City Manager is given authority to expend those previously budgeted funds of up to §100,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance; Page 2 of 3 J.The City Manager is authorized to expend no more than Eight Hundred Fifty Thousand Dollars ($850,000.00) from the general fund reserve balance during this period to proceed with the necessary emergency responses and essential functions not already budgeted, which includes the previously authorized. k.The City Manager is authorized to expend no more than the previously authorized Fifty Thousand Dollars ($50,000.00) from the customer service fund reserve balance during this period to increase utility assistance funding for FY 2019-2020 to One Hundred Seventy-Five Thousand Dollars ($ 175,000.00). 1.All non-essential in-person court proceedings in the Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. Court proceedings that may be conducted remotely may be held at their scheduled time, or rescheduled during the term of this order if such proceeding has already been postponed. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. m. Due to increased demand for household products and groceries resulting from stock up buying and individuals who purchase for resale, retail suppliers shall use common sense rationing of household products and groceries that are in limited supply. 5. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City’s website and in other conspicuous places. ==,'T’"”""''~'-m‘ City of Denton Page 3 of 3 1Disaster Declaration and OrderMay 29, 2020ID 20-873 22Previous Actions•March 13:First Mayoral Declaration and Order•March 17:Ordinance 20-721 (extending and modifying Mayoral Declaration•March 20:Adoption of Ordinance 20-720 (amending Ordinance 20-721)•March 24:Second Mayoral Declaration and Order•April 6:Adoption of Ordinance 20-812 (superseding Ordinance 20-740)Ordinance 20-812 no longer in effect beginning May 1•April 30:Adoption of Ordinance 20-873•May 5:Adoption of Ordinance 20-923 33Brief Status Update•Gubernatorial Actions•State Disaster Declaration effective through June 11, 2020•GA-21 and GA-23 greatly expanded the number of services and business that may operate.•Most previously restricted services, such as beauty services and bars, are permitted to operate.•A complete list of services is available at www.gov.Texas.gov/opentexas•City of Denton •Current Order of Council GA-18 and GA-19, but not more recent state actions•Disaster declaration and Order of Council effective through the end of May 44Draft City of Denton Declaration and Order•Declaration of Local Disaster:•Extended through June 30, 2020•Order of Council:•Supersedes all previous orders•Effective through June 30, 2020•Major Provisions of the Order of Council•Businesses and Services must abide by GA-23•Medical procedures must comply with GA-19 55Draft City of Denton Declaration and Order•Continues previous local provisions with respect to (among others):•Public meetings •Development applications•Purchasing authority•Utility disconnections for nonpayment•Court proceedings•Adds a provision that applies to businesses with more than 51% of sales from alcoholic beverages, where:•Food permit expirations may be extended to July 31, 2020•Current year food permit fees may be prorated from 12 to 7 months•Provide reimbursements due to the proration as necessary 66Discussion/Consideration•Consider Ordinance AdoptionID 20-873