Consider Adoption of Urgency Ordinance 2023-002 to Repeal and Replace Urgency Ordinance 2022-006, adopting amended rules of conduct for attending meetings of legislative bodies at City facilities

1) Request City Attorney to read title of the Urgency Ordinance.

2) Motion to waive full reading, and Adopt Urgency Ordinance 2023-002 to Repeal and Replace Urgency Ordinance 2022-006, adopting amended rules of conduct for attending meetings of legislative bodies at City facilities.

BACKGROUND

On March 4, 2020, Governor Newsome declared a State of Emergency as a result of the COVID-19 pandemic.

On March 12, 2020, the City Administrator issued a Proclamation of the Existence of a Local Emergency due to COVID-19, acting in his capacity as the Director of Emergency Services.

On March 13, 2020, the Carmel City Council (Council) adopted Resolution 2020-021, ratifying the proclaiming the existence of a local emergency due to COVID-19.

On November 1, 2022, the City Council adopted Urgency Ordinance 2022-006 (Attachment 1) which has Rules of Conduct for attending meetings of legislative bodies at City Facilities and Section 7.3 requires face covering when the CDC Community Level for the County of Monterey is medium or high as of the date of posting the agenda for the meeting of the legislative body.

On February 28, 2023, the Governor terminated the State of Emergency due to COVID-19.

EXECUTIVE SUMMARY

On March 7, 2023, the City Council adopted Resolution No. 2023-026, to rescind Resolution 2020-021 and terminate the local emergency due to COVID-19 and adopted Urgency Ordinance 2023-001, to terminate all COVID related Urgency Ordinances adopted since the emergency began except for No. 2022-006 (Attachment 1).   Council requested staff to bring back a draft Urgency Ordinance at the Council meeting on April 4, 2023, to provide that wearing masks to attend meetings of legislative bodies inside of City buildings is only required if the CDC Community level at the time of agenda posting is "high" instead of "medium or high". Attachment 3 is a Redline Version of Urgency Ordinance No. 2023-002 which shows the changes to Urgency Ordinance No. 2022-006. 

It is recommended that City Council consider adopting Urgency Ordinance No. 2023-002 (Attachment 2), or provide other direction to staff. A 4/5 vote is required to adopt an urgency Ordinance.

There are no financial impacts for adopting this Urgency Ordinance.

November 1, 2022 - Council adopted Urgency Ordinance No. 2022-006 – adopting (amended) rules of conduct for attending meetings of legislative bodies at City facilities.

On March 7, 2023, Council adopted Urgency ordinance No. 2023-001 which rescinded the following Urgency Ordinances:

• Urgency Ordinance No. 2020-002 – prohibiting evictions of tenants arising from income loss or substantial medical expenses related to the COVID pandemic.

• Urgency Ordinance No. 2020-005 – for the enforcement of provisions and conditions of encroachment permits for outdoor dining for outdoor dining and authorization of Code Compliance Coordinator to issue citations.

• Urgency Ordinance No. 2020-004 – affirming orders of the State Public Health Officer and the County of Monterey Public Health Officer related to COVID-19 and expressly affirming such orders as applicable and enforceable within City jurisdiction and authorization of code compliance coordinator to issue citations

• Urgency Ordinance No. 2022-001 – adopting rules of conduct at City facilities.

• Urgency Ordinance No. 2022-002 – adopting rules of conduct for attending meetings of legislative bodies at City facilities.