HomeMy WebLinkAbout14516RESOLUTION NO. 14516
A RESOLUTION SUPPORTING A COUNTYWIDE
VARIANCE PROTECTION PROGRAM AND REQUESTING
APPROVAL THEREOF BY THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AND GOVERNOR JARED POLIS
WHEREAS, on November 19, 2020, the Colorado Department of Public Health
and Environment (“CDPHE”) sent a letter to Pueblo County (“County”) informing the
County that it would be moved on the COVID-19 Dial Level from Orange to Red
commencing at 5:00 p.m. on November 22, 2020. The County permanently lost its sector
variance from certain public health order restrictions when it was moved to Level Orange
on November 14, 2020; and
WHEREAS, COVID-19 Dial Level Red (“Level Red”) requires the County to
implement further restrictions across many sectors as described in Section II. F. of
CDPHE’s Public Health Order No. 20-36, as amended. Significantly, such restrictions
include, but are not limited to, the closure of bars, the prohibition on indoor dining and the
reduction of gym capacity to 10% of the facility’s capacity; and
WHEREAS, the severe restrictions imposed by Level Red have been devastating
to numerous small businesses located in the County and the City of Pueblo (“City”), many
of which strictly followed the COVID-19 protocols to operate safely; and
WHEREAS, while the City Council and the Mayor of the City endorse CDPHE’s
orders disallowing businesses from operating in an unsafe manner during the pandemic,
the City Council and the Mayor believe it is unfair to further restrict or close down
businesses which have a proven track record of complying with the health and safety
protocols required by federal, state and local public health authorities; and
WHEREAS, the City Council and the Mayor recognize the plight of small
businesses during the pandemic and have committed $1.0 million of its CARES funding
allocation to provide economic relief grants to small businesses and non-profit
organizations, however, even with financial assistance from the City and other
governmental organizations and entities, many small businesses in our community still
face the looming possibility of permanent closures and loss of livelihoods; and
WHEREAS, Mesa County has developed a Variance Protection Program, also
referred to as 5 Star Certification, which allows qualifying businesses who demonstrate a
commitment to following certain health and safety protocols to operate at 50% of capacity
despite CDPHE’s restrictions and with the support of Governor Jared Polis; and
WHEREAS, the City Council and the Mayor desire to develop and implement a
similar variance protection program in the City and countywide as soon as practicable to
allow responsible small businesses to continue to operate in a capacity that will allow
them to maintain their livelihoods while the County is on Level Red of the COVID-19 Dial;
and
WHEREAS, the City of Pueblo is committed to working with Pueblo County and
the Pueblo Department of Public Health and Environment to develop a meaningful plan
to allow the owners and employees of conscientious businesses which are suffering due
to the shutdown to continue to operate under less restrictive rules to be submitted to the
Governor and CDPHE for approval; and
WHEREAS, the City Council and the Mayor implore the Governor and CDPHE to
consider and approve Pueblo County’s variance protection program proposal which will
soon be forthcoming; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby requests that the Mayor forthwith direct his staff to work
with Pueblo County and the Pueblo Department of Public Health and Environment to
develop a variance protection program for Pueblo County which would allow qualifying
small businesses to continue to operate while maintaining public safety during the period
Pueblo County is placed on Level Red of the COVID-19 Dial.
SECTION 2.
The City Council hereby requests that upon its finalization, said variance protection
program proposal be immediately submitted to Governor Jared Polis and the Colorado
Department of Public Health and Department for consideration and approval.
SECTION 3.
This Resolution shall become effective immediately upon final passage.
INTRODUCED December 1, 2020
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # C-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 1, 2020
TO: President Dennis E. Flores and Members of City Council
VIA: Brenda Armijo, City Clerk
CC: Mayor Nicholas A. Gradisar
FROM: Councilor Mark Aliff
SUBJECT: A RESOLUTION SUPPORTING A COUNTYWIDE VARIANCE PROTECTION
PROGRAM AND REQUESTING APPROVAL THEREOF BY THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND GOVERNOR
JARED POLIS
SUMMARY:
Attached is a proposed Resolution in support of a countywide variance protection program and
requesting approval thereof by the Colorado Department of Public Health and Environment
(“CDPHE”) and Governor Polis.
PREVIOUS COUNCIL ACTION:
In 2020. City Council has approved numerous Resolutions and Ordinances in response to the
COVID-19 pandemic.
BACKGROUND:
Mesa County has developed a Variance Protection Program, also referred to as 5 Star
Certification, which allows qualifying businesses who demonstrate a commitment to following
certain health and safety protocols to operate at 50% of capacity despite CDPHE’s restrictions
and with the support of Governor Jared Polis.
This Resolution supports submittal of a similar Variance Protection Program on behalf of Pueblo
County for consideration and approval by the Colorado Department of Public Health and the
Environment and Governor Polis.
FINANCIAL IMPLICATIONS:
Not applicable to this Resolution.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
The City Council could remain neutral and not recommend the submission of a Variance
Protection Program proposal on behalf of Pueblo County.
RECOMMENDATION:
The Mayor recommends approval of this Resolution.
Attachments:
Proposed Resolution