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HomeMy WebLinkAbout1202 - Authorizing Director of Emergency Services ORDINANCE NO. 1202 URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE DIRECTOR OF EMERGENCY SERVICES TO WAIVE ZONING REQUIREMENTS AND/OR STANDARDS TO FACILITATE BUSINESS OPERATIONS AFFECTED BY EMERGENCY ORDERS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. ADOPTION OF ORDINANCE SECTION 1. Findings and purpose. 1. On March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency in the State of California related to the COVID-19 pandemic. 2. On March 4, 2020, the County of Mendocino Health Officer declared a local health emergency and the County of Mendocino Director of Emergency Services proclaimed the existence of a local emergency related to the COVID-19. 3. In light of the COVID-19 pandemic and Governor Newsom's state of emergency proclamation, on March 12, 2020, the Governor issued Executive Order N-25-20, ordering residents to heed any order by local public health officials, "including but not limited to the imposition of social distancing measures, to control the spread of COVID-19". 3. On March 18, 2020, in Resolution No. 2020-14, in response to the Governor's proclamation and the threat of the spread of COVID-19 in the City, the City Council ratified the proclamation of a local emergency pursuant to Government Code Section 8550, et seq., and Ukiah City Code Section 5125. 4. On March 18, 2020, the Mendocino County Health Officer issued a Shelter-in-Place Order, which was revised on March 24, 2020, May 8, 2020, and May 15, 2020. 5. The easing of restrictions in these health orders is anticipated and a return to business operations during COVID-19 will occur in a gradual four-stage phased approach following California's Pandemic Resilience Roadmap. 6. On May 4, 2020 Executive Order N-60-20 directed continued compliance with State Public Health Directives, and the May 7, 2020 State Public Health Officer Order allows for all local health jurisdictions to begin gradual movement into Stage 2. These orders and subsequent related orders restrict the type of business that can operate and how those businesses can provide services and goods due to the risk of COVID-19 infection. 7. The Mendocino County Health Officer has filed for attestation with the State of California, has received authorization for and anticipates moving through Stage 2 at an increased pace. 8. Businesses permitted to open under the Governor's and Mendocino County Health Officer's orders under Stage 2 are required to modify their operations to comply with federal, state, and local directives and guidelines to ensure compliance with Social Distancing Requirements and other COVID-19 risk mitigation measures. 9. Local businesses are an integral part of the community for the jobs, essential services and amenities they provide and the revenues they generate. 1 10. In order to comply with health orders, the City of Ukiah recognizes that businesses need to have the ability to modify operations which require unique allowances and temporary relief from certain zoning and land use regulations. 11. Local businesses will need to modify operations to adapt to Social Distancing requirements, as well as to meet current market demands, and the specific needs of individual businesses are an unknown. 12. To facilitate the return to business operations, this Urgency Ordinance would authorize the Director of Emergency Services to waive strict application of zoning standards and/or regulations to the extent that such waivers would not result in an increase in general intensity of use beyond that which is generally allowed. SECTION 2 Section 5122 of Division 6, Chapter 2, Article 3 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §5122 POWERS AND DUTIES The Director is hereby empowered to: A. Request the City Council to proclaim the existence or threatened existence of a "local emergency" if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. B. Request the Director of the Mendocino Operational Area, the Governor of the State, and the President of the United States to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. C. Control and direct the effort of the Emergency Organization of the City for the accomplishment of the purposes of this Chapter. D. Direct cooperation between and coordination of services and staff of the Emergency Organization of the City; and resolve questions of authority and responsibility that may arise. E. Represent the City in all dealings with public or private agencies on matters pertaining to emergencies. F. In the event of the proclamation of a local emergency, the proclamation of a state of emergency by the Governor or the Director of the California Office of Emergency Services, or the existence of a state of war emergency, the Director is hereby empowered: 1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest possible time by the City Council; 2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to make expenditures, binding the City for the fair value thereof and, if required immediately, to commandeer the same for public use; 3. To require emergency services of any City officer or employee and, in the event of the proclamation of emergency or state of war emergency, to command the aid of as many citizens 2 of this community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers; 4. To requisition necessary personnel or material of any City department or agency; 5. To execute all of his or her ordinary power as City Manager, all of the special powers conferred upon him or her by this Chapter or by resolution or emergency plan adopted by the City Council, all powers conferred upon him or her by any statute, by any agreement approved by the City Council, and by any other lawful authority. G. Designate the order of succession to the Director's office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be maintained on file with the City Clerk. H. Waive zoning requirements and/or standards to facilitate business operations of established businesses affected by emergency orders of federal, state and local government to the extent that such waivers result in uses that are suitable and appropriate for the site considering what is otherwise allowed, as applicable to the zoning district where the use is located. Such waiver would last only until the termination of the local emergency pursuant to Section 5127 of this Code. 1. A business seeking such a waiver shall make a written request directly to the Director for approval. 2. Appeals of the Director's decision as to whether to grant a waiver shall be considered by the Zoning Administrator for an initial determination and recommendation to the City Council. An appeal must be filed with the City Clerk within ten (10) days of the date the decision was made. The Zoning Administrator shall make an initial determination and recommendation to the City Council within seventy-two (72) hours after the appeal is filed. The City Council shall make a final decision on the appeal at the next regular or special meeting following the issuance of the recommendation from the Zoning Administrator. SECTION TWO. URGENCY ORDINANCE This Ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health, and safety and will take effect and be in force upon its adoption by a four- fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are as follows: 1. On March 4, 2020, the Governor declared a State of Emergency in California due to the threat of Coronavirus Disease 2019 ("COVI D-1 9"). On March 17, 2020, the City's Director of Emergency Services declared a local emergency due to COVID-19, which was ratified by the City Council at its March 18, 2020 City Council meeting. 2. On March 18, 2020, the Health Official of the County of Mendocino issued a Shelter-in-Place Order, which was revised on March 24, 2020, May 8, 2020, and May 15, 2020.. 3. On May 4, 2020 the Governor issued Executive Order N-60-20 directing continued compliance with State Public Health Directives, and on May 7, 2020 the State Public Health Officer issued an order allowing all local health jurisdictions to begin gradual movement into Stage 2. 4. The City, County and State economies have been significantly impacted by the shutdown of nonessential businesses, as a result of the COVID-19 pandemic. 3 5. The specific needs of individual businesses as they return to operations during the COVID-19 pandemic in a gradual phased approach following California's Pandemic Resilience Roadmap are an unknown. Businesses will likely need to modify operations to adapt to Social Distancing requirements, as well as to meet current market demands, and the City desires to be responsive, flexible, and accommodating to requests from our local business community, while maintaining the safety and wellbeing of the public. 6. It would substantially defeat the purpose of this Ordinance, if the effective date were delayed to permit introduction at one City Council meeting, adoption at a second meeting and a referendum period of 30 days following adoption of the Ordinance. SECTION THREE 1. CEQA COMPLIANCE. The adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because there is no possibility that it may have a significant effect on the environment. In addition, adoption of this Ordinance is exempt from requirements of CEQA pursuant to CEQA Guidelines Section 15301 of the State CEQA Guidelines regarding Existing Facilities because it would involve negligible or no expansion of use. 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Introduced and Adopted on June 3, 2020 by the following roll call vote: AYES: Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane NOES: None ABSTAIN: None ABSENT: None Dou­g1—as7F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk 4