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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