Emergency/Special Meeting

Agenda-Emergency/Special Meeting City of Ocean Shores Emergency/Special City Council Meeting Live Streaming at https://osgov.com/Recordings.html Attendance Only Permitted Via Remote Live Stream Friday Ocean Shores Convention Center March 27, 2020 120 Chance A La Mer 1:00 PM Ocean Shores, Washington Page Call to Order Roll Call Approval of Meeting Agenda New Council Business 3-6 1. Resolution A Resolution of the City of Ocean Shores, Washington, to approve establishing rules for remote attendance at city council meetings.. • Presented by: City Administrator, Scott Andersen and City Attorney, Brent Dille • Council Questions and Discussion • Council Action 7-9 2. Ratification of Emergency Proclamation 2020-01 Ratification of the proclamation of emergency; ratifying waiving certain contracting and budget requirements, ratifying authorizing staff to implement emergency purchasing requirements, and to ratify taking other steps in response to the emergency. Dated March 13, 2020 • Presented by: Mayor, Crystal Dingler • Council Questions and Discussion • Council Action 10 - 11 3. Ratification of Executive Order 2020-01 Ratification of an Executive Order directing the City of Ocean Shores Utility Billing department to take immediate action to assist small businesses, nonprofits, workers, and citizens most affected by the economic impacts of COVID-19. Dated March 17, 2020 • Presented by: Mayor, Crystal Dingler • Council Questions and Discussion Page 1 of 30 Page • Council Action 12 - 14 4. Ratification of Executive Order 2020-02 Ratification of an Executive Order directing the City of Ocean Shores Utility Billing department to take immediate action to assist small businesses, workers, and citizens most affected by the economic impacts of COVID-19, temporary halt to Utility Shut-offs. Dated March 20, 2020 • Presented by: Mayor, Crystal Dingler • Council Questions and Discussion • Council Action 15 - 18 5. Ratification of Executive Order 2020-03 Ratification of an Executive Order directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of COVID-19 and mitigate the impacts of COVID-19, curfew and closures. Dated March 23, 2020 • Presented by: Mayor, Crystal Dingler • Council Questions and Discussion • Council Action 19 - 24 6. Ratification of Executive Order 2020-04 Ratification of an executive Order directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of COVID-19 and mitigate the impacts of COVID-19, hotel closures. Dated March, 25 2020 • Presented by: Mayor, Crystal Dingler • Council Questions and Discussion • Council Action 25 - 30 7. Ratification of Executive Order 2020-05 Ratification of an the executive Order directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of COVID-19 and mitigate the impacts of COVID-19. Amending Executive Order 2020-04 delivery services time restrictions. Dated March 26, 2020. • Presented by: Mayor, Crystal Dingler • Council Questions and Discussion • Council Action Adjourn Page 2 of 30  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 27, 2020 SUBJECT: A Resolution of the City of Ocean Shores, Washington, to approve establishing rules for remote attendance at City Council Meetings. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION X RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Draft Resolution SUMMARY/BACKGROUND: The Mayor has declared an emergency as it pertains to the COVID-19 pandemic. In order to still conduct vital City business it has been required to implement remote meetings. Currently the City does not have documentation in the municipal code stating guidelines for remote attendance meetings. EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: City Administrator, Scott Andersen and City Attorney, Brent Dille (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 1. Resolution A Resolution of the City of Ocean Shores, Washington, to a... Page 3 of 30  CITY OF OCEAN SHORES, WASHINGTON RESOLUTION NO. XXX A RESOLUTION OF THE CITY OF OCEAN SHORES, WASHINGTON, TO APPROVE ESTABLISHING RULES FOR REMOTE ATTENDANCE AT CITY COUNCIL MEETINGS WHEREAS, from time to time or under certain defined conditions it is not possible for a Council member or City staff person to attend a City Council meeting; and WHEREAS, from time to time, the Mayor may declare or proclaim an Emergency, such as the COVID-19 Emergency Proclamation; and WHEREAS, given the airborne nature of some illnesses like COVID-19, the Council, Mayor, and City staff may find it necessary to meet remotely through remote communications; and WHEREAS, the City of Ocean Shores would benefit by a Council member or City staff person's participation in a Council meeting by means of remote communication in limited instances where a Council member(s) or City staff are unable to attend the meeting; and WHEREAS, the City Council desires to establish a procedure for Council members and City staff to attend meetings remotely via speakerphone, or other electronic or digital data communication devices; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Ocean Shores, Washington as follows: Rules Regarding Remote Attendance at City Council Meetings Section 1 Purpose: The City Council, recognizing the benefits of full attendance and participation by its members, the City Administrator, the City Attorney and other City staff, provides for but does not mandate allowing attendance from remote locations through use of electronic means, including; but not limited to such two-way communication methods as speakerphone, or other media that provide full audio or audiovisual capability. And, in certain circumstances, including emergencies, it may be necessary for one or more members of the Council or staff to attend from a remote location in order to have a quorum or conduct the City's business. Page 1 of 3 Resolution No. 1. Resolution A Resolution of the City of Ocean Shores, Washington, to a... Page 4 of 30  1.1 Council, Mayor and Staff 1.1.1 Voting: When voting, attendance from remote locations shall be considered equal to being physically present in the Council Chamber. If approved of by a majority of the Council (whether present in the chamber or remotely present). 1.1.2 Presiding Officer: If the Mayor attends by remote means, he/she may participate in discussions, but the Mayor Pro Tem, if physically present in the chamber, shall be the presiding officer to best facilitate an orderly and efficient process. 1.2 Executive Sessions: For Executive Sessions; the Council may permit participation from remote locations by the above alternative means only when the Council on a case-by-case basis considers such participation to be necessary and the Council is confident in the security of such remote communications. 1.3 Emergency Proclamation or Declaration: Under an Emergency Proclamation or Declaration, all members of the Council, the Mayor, and staff may meet as stated above by telephone or electronically from remote locations. 1.4 The Public: To the extent possible in such telephonic or electronic meetings, the public shall be notified of a Special Meeting and provided with dial- in capability to listen only. 1.5 Infrequent Use: Other than under an Emergency Proclamation or Declaration, attendance from remote locations is intended to be an infrequently used alternate method for participation by members of the Council, the Mayor and staff. Section 2. Protocol and Procedures: 2.1 Initiating Remote Communication: In all meetings involving remote attendance, the Presiding Officer shall inform all present in the Council chamber or those on-line communicating electronically, of the intent to initiate a remote communication. 2.2 Announcement on audio and visual capability: The Presiding Officer shall confirm and announce to all present in the Chamber, if such is used; and in the case of remote location(s), ensure all other parties can either clearly see visual content presented and/or hear all audio communications. The Clerk shall record such confirmation. 2.3 Remote Communication for Specific Portion of Meeting Only: If the Council, by a majority vote, approves the use of remote communication for only a specified portion of any meeting, the Presiding Officer shall announce as such and, Page 2 of 3 Resolution No. 1. Resolution A Resolution of the City of Ocean Shores, Washington, to a... Page 5 of 30  at the end of the specified portion, shall clearly announce to all the closure of the remote communication and shall order that the connection be stopped. The attendance of the remote party or parties would conclude; and the Clerk will record the beginning and ending times of each such remote communication. 2.5 Broken Communication Link: In the event that the remote communication link is broken or significantly degraded, such that it no longer meets the full requirements of this section, the Presiding Officer shall confirm the loss of service and announce the closure of the remote attendance or the closure of the meeting if a quorum of the Council is not available. The attendance of the remote party or parties shall be at an end. The Clerk shall record the time of such closure. Section 3. Requirements of the System(s): Any communications systems utilized shall reliably permit all persons attending; whether they are physically in the Council chamber or in remote location(s), to be clearly heard by all others and to clearly hear all audio content of the meeting and to clearly see all visual content that is determined by the Council to be crucial to the understanding of the matters discussed. Systems used in the course of Executive Sessions shall be reasonably secure from unauthorized access. Section 4. Maintenance of Public Record: Audio and video recordings of proceedings under this section shall be maintained for the public record as required by law. Section 5. The City Clerk shall provide appropriate instructions to the Council and to all staff who may participate in such meetings. This Resolution shall become effective immediately upon adoption and signature as provided by law thereof this 17th day of March 2020. ATTEST: Crystal L. Dingler, Mayor Sara K. Dawson, City Clerk Page 3 of 3 Resolution No. 1. Resolution A Resolution of the City of Ocean Shores, Washington, to a... Page 6 of 30  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 27, 2020 SUBJECT: A proclamation of emergency; waiving certain contracting and budget requirements, authorizing staff to implement emergency purchasing requirements, and to take other steps in response to the emergency. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION X PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Signed Emergency Proclamation SUMMARY/BACKGROUND: The Emergency Proclamation dated March 13, 2020 was signed by Mayor Crystal Dingler. The Emergency Proclamation waived contract and budget requirements authorizing City staff to make purchases in response to the emergency. EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Crystal Dingler (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 2. Ratification of Emergency Proclamation 2020-01 Ratification of the ... Page 7 of 30  EMERGENCY PROCLAMATION2020-01 A PROCLAMATION OF EMERGENCY; WAIVING CERTAIN CONTRACTING AND BUDGET REQUIREMENTS, AUTHORIZING STAFF TO IMPLEMENT EMERGENCY PURCHASING REQUIREMENTS, AND TO TAKE OTHER STEPS IN RESPONSE TO THE EMERGENCY WHEREAS, the world is currently experiencing a novel coronavirus ("COVID - 19") outbreak; and WHEREAS, COVID-19, a respiratory disease that can result in serious illness or death, is caused by a virus easily spread from person to person; and on March 11, 2020, the World Health Organization declared that the spread WHEREAS. of the COVID-19virus had created a global pandemic; and WHEREAS.the Washington State Department of Health has con?rmed the localized person-to-person spread of COVID-19 in Washington State, signi?cantly increasing the risk of exposure and infection to Washington State residents and creating an extreme public health risk;and WHEREAS, on February 29, 2020, Governor Jay Inslee proclaimed that a State of Emergency exists in all counties in Washington State, and directed state agencies and departments to use resources and to do everything reasonably possible to assist affected politicalsubdivisions in an effort to respond to and recover from the outbreak; WHEREAS, on March 12, 2020, The Grays Harbor County Board of Commissioners passed Resolution2020-023 declaring an emergency within Grays Harbor County due to COVID-19; and WHEREAS, l have determined that it is necessary for the City to take actions authorized under Chapter 2.08 (Mayor) Chapter 2.72 (Emergency Services) and Chapter 8.36 (Mayors Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") and Chapter 38.52 .(Emergency Management) of the Revised Code of Washington ("RCW") including, but not limitedto, the de?nitionsin RCW 38.52.010, the authorizations in RCW 38.52.070 and RCW 38.52.110, the liability, immunity, and indemni?cation provisions of RCW 38.52.180.et. seq. NOW THEREFORE, I, Crystal L. Dingler. Mayor of the City of Ocean Shores. Proclaim as follows: Section 1. I declare there is an emergency caused by COVID-19in the City of Ocean Shores. Section 2. As authorized by 08 MC2.72.040, I assume the authority to enter into contracts 2. Ratification of Emergency Proclamation 2020-01 Ratification of the ... Page 8 of 30  and incur obligations, and to take any other appropriate action necessary to address and respond to the emergency to protect the health and safety of persons and properties, and to provide emergency assistance to persons affected by this emergency. Section 3. These powers willbe exercised in light ofthe exigencies ofthe situation without regard to time-consuming procedures and formalities prescribed by State statutes and rules, or by City ordinance (except for mandatory constitutional requirements). These include but are not limited to budget‘ law limitations, requirements for competitive bidding, publication of notices related to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and equipment, levying of taxes, City-performed or directed work in areas of the City that are subject to moratoria, and the appropriation and expenditure of funds. Section 4. I delegate to Department heads and their designees the authority to solicit quotes and estimates for contracts necessary to combat the emergency as provided for in RCW 38.52. Department heads may enter into contracts in an amount not to exceed thirty Thousand Dollars ($30,000). Contracts over this amount will be signed by the Mayor. Section 5. City staff will take whatever action is determined to be appropriate to respond to the emergency conditions. Department heads and their designees are directed to implement the emergency purchasing procedures in OSMC 2.72.040 and RCW 38.52 any supplies, materials, and equipment necessary to combat the emergency. Section 6. I declare that the actions authorized by this Proclamation are necessary to avoid an imminent threat to the public health or safety, to prevent an imminent danger to public and private property, and these actions must be taken within an appropriate time to respond to the emergency. Section 7. As soon as practicable, I will advise and consult with the City Council with respect to all actions taken underthe authority of this Proclamation. Any contract entered into under the authority of this Proclamation will be presented to the City Council at the earliest practical time for review and appropriate legislation. Section 8. This Proclamation willtake effect on my signature, and willremain in effect until I rescinded in writing. DATED this 13th day of March, 2020 CITY OF OCEAN SHORES <' H :’;A%2:/A Crystal L ingler, Mayor 2. Ratification of Emergency Proclamation 2020-01 Ratification of the ... Page 9 of 30  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 27, 2020 SUBJECT: Executive Order directing the City of Ocean Shores Utility Billing department to take immediate action to assist small businesses, nonprofits, workers, and citizens most affected by the economic impacts of COV/0-19. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT X OTHER ATTACHMENTS: Signed Executive Order SUMMARY/BACKGROUND: The Executive Order dated March 17, 2020 was signed by Mayor Crystal Dingler. The Executive Order directed utility penalties to not be accessed during the emergency to provide economic relief for those impacted by COVID-19 EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Crystal Dingler (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 3. Ratification of Executive Order 2020-01 Ratification of an Executive ... Page 10 of 30  Executive Order directing the City of Ocean Shores UtilityBillingdepartment to take immediate action to assist small businesses, nonpro?ts, workers, and citizens most affected by the economic impacts of COV/D-19 WHEREAS, on March 13, 2020, in my capacity as Mayor, I proclaimed that a civil emergency exists in the City of Ocean Shores in Emergency Proclamation 2020-01; and WHEREAS, on March 16, 2020, Washington State Governor Jay lnslee imposed additional restrictions prohibiting gatherings of more than 50 people and shutting down restaurants, bars, and entertainment and recreational facilitates with the State if Washington; and WHEREAS, this guidance is appropriate for public health reasons, but it has economic impacts on small businesses, nonprofit organizations, workers and citizens in Ocean Shores; and WHEREAS, local businesses are experiencing severe revenue losses, dealing with lost business due to the Governor's order; and WHEREAS, these impacts are being felt across all industry sectors, including retail, restaurant, hospitality, transportation, arts and culture, and many more; and WHEREAS, the employees of these business have been either laid-off or have had their hours greatly reduced which has economic impact to the individual and his or her family. NOW, THEREFORE, I, Crystal Dingler, Mayor of Ocean Shores, hereby order the Ocean Shores Utility Billing Department to implement the following in order to provide relief to Ocean Shores’ small businesses, nonprofits, workers and citizens: Section 1: Utility Relief In order to provide economic relief for those impacted by COVID-19, the Ocean Shores Utility Billing Department shall temporarily suspend the accrual of late fees on past due balances on Ocean Shores utility bills until such time as legislation is passed confirming (or rejecting the suspension) by the Ocean Shores City Council at the next general or special council meeting. Dated this 17"‘day of March, 2020 ingler, Mayor” \ 3. Ratification of Executive Order 2020-01 Ratification of an Executive ... Page 11 of 30  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 27, 2020 SUBJECT: An Executive Order 02-2020 directing the City of Ocean Shores Utility Billing department to take immediate action to assist small businesses, workers, and citizens most affected by the economic impacts of COVID-19, temporary halt to Utility Shut-offs. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT X OTHER ATTACHMENTS: Signed Executive Order SUMMARY/BACKGROUND: The Executive Order dated March 20, 2020 was signed by Mayor Crystal Dingler. The Executive Order consisted of halting all Utility Shut-offs. EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Crystal Dingler (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 4. Ratification of Executive Order 2020-02 Ratification of an Executive ... Page 12 of 30  Executive Order 02-2020 directing the City of Ocean Shores Utility Billing department to take immediate action to assist small businesses, workers, and citizens most affected by the economic impacts of COVID-19 WHEREAS, on March 13, 2020, in my capacity as Mayor, I proclaimed that a civil emergency exists in the City of Ocean Shores in Emergency Proclamation 2020-01; and WHEREAS, on March 16, 2020, Washington State Governor Jay Inslee imposed additional restrictions prohibiting gatherings of more than 50 people and shutting down restaurants, bars, and entertainment and recreational facilitates with the State if Washington; and WHEREAS, this guidance is appropriate for public health reasons, but it has economic impacts on small businesses, nonprofit organizations, workers and citizens in Ocean Shores; and WHEREAS, local businesses are experiencing severe revenue losses, dealing with lost business due to the Governor’s order; and WHEREAS, these impacts are being felt across all industry sectors, including retail, restaurant, hospitality, transportation, arts and culture, and many more; and WHEREAS, the employees of these business have been either laid-off or have had their hours greatly reduced which has economic impact to the individual and his or her family. WHEREAS, on March 17, 2020, I signed an Executive Order authorizing the temporary waiving of late fees on past due utility bills; and WHEREAS, supplying water and responsibly treating the wastewater is vital in any health-related crisis; and WHEREAS, the availability of potable water is critical under these circumstances and should not be interrupted for any reason. NOW, THEREFORE, I, Crystal Dingier, Mayor of Ocean Shores, hereby order the Ocean Shores Utility Billing Department to implement the following in order to provide relief to Ocean Shores’ small businesses, non-profits, workers and citizens: Section 1: Temporary Halt to Utility Shut-offs and Temporarily Reestablishing Utility Service to Those Previously Shut-off Temporary Halt to Utility Shut-offs. City of Ocean Shores utility customer accounts facing a shut-off due to non-payment shall be kept on for customers who seek to establish payment plans with the City of Ocean Shores Utility Department. Temporarily Reestablishing Utility Service to Those Previously Shut-off. For those City of Ocean Shores utility customers whose service has been shut-off due to non-payment shall be reestablished so long as they establish payment plans with the City of Ocean Shores Utility Department. 4. Ratification of Executive Order 2020-02 Ratification of an Executive ... Page 13 of 30  Expiration. This Executive order shall continue in effect until such time as legislation is passed confirming (or rejecting such continued service) by the Ocean Shores City Council at the next general or special council meeting. Billing to Continue. In fairness to all customers, although water and sewer will continue to be provided even for customers delinquent on their bill, individual meters will continue to record usage, and bills will continue to be generated and delivered to customers. Dated this 20th day of March, 2020 4. Ratification of Executive Order 2020-02 Ratification of an Executive ... Page 14 of 30  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 27, 2020 SUBJECT: An Executive Order directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of CO VID-19 and mitigate the impacts of COVID-19. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT X OTHER ATTACHMENTS: Signed Executive Order SUMMARY/BACKGROUND: The Executive Order dated March 23, 2020 was signed by Mayor Crystal Dingler. The Executive Order consisted of closures and curfews to mitigate the City impact of COVID-19 EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Crystal Dingler (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 5. Ratification of Executive Order 2020-03 Ratification of an Executi... Page 15 of 30  Executive Order directing closures and curfews within the City o f Ocean Shores to take immediate action to help reduce and stop the potential spread o f CO VID-19 and mitigate the impacts o f COVID-19. WHEREAS, COVID-19 has been declared a pandemic in the United States of America; and WHEREAS, on March 13, 2020, in my capacity as Mayor, I proclaimed that a civil emergency exists in the City of Ocean Shores in Emergency Proclamation 2020-01; and WHEREAS, on March 23, 2020, Washington State Governor Jay Inslee built on other steps he had ordered by ordering Washington residents to STAY AT HOME except for essential travel; imposed restrictions prohibiting gatherings; and shut down non-essential businesses which will large be those as defined by the Federal Government; and WHEREAS, avoiding contact with infected individuals is vital to contain any contagious health-related crisis such as COVID-19; and WHEREAS, beach access draws many to our community to recreate; and WHEREAS, limiting beach access may help may reduce the number of visitors who may travel to our area despite the Governor’s order; and WHEREAS, high touch recreation areas may be a source of transmission of COVID-19; and WHEREAS, as a small rural community, the City has limited essential resources. A COVID-19 outbreak would strain those resources as well as having devastating results on its largely older population; and WHEREAS, Art. XI, Sec. 11 of the Washington State Constitution grants cities like the City of Ocean Shores broad police powers to “make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws.” WHEREAS, I have determined that it is necessary for the City to take actions authorized under Chapter 2.08 (Mayor) Chapter 2.72 (Emergency Services) and Chapter 8.36 (Mayor’s Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") and 5. Ratification of Executive Order 2020-03 Ratification of an Executi... Page 16 of 30  Chapter 38.52 .(Emergency Management) of the Revised Code of Washington ("RCW") including, but not limited to, the definitions in RCW 38.52.010, the authorizations in RCW 38.52.070 and RCW 38.52.110, the liability, immunity, and indemnification provisions of RCW 38.52.180, et. seq. NOW, THEREFORE, I, Crystal Dingier, Mayor of Ocean Shores, acting under my authority under Chapter 8.36 (Mayor’s Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") as well as that certain City of Ocean Shores Emergency Proclamation, dated and March 13, 2020, hereby ORDER and PROMULGATE the following emergency measures in addition to others previously ordered. Section 1: Effective Time and Date • 12:00 p.m. Noon, 24 March 2020. Section 2: Closures, Non-Closures and Prohibitions • Parks and Recreational Facilities, and Beach Approaches Public restrooms, and public recreational facilities (whether publicly-owned or privately- owned) will be CLOSED. All City parks shall remain OPEN but play areas, cook shelters and picnic tables (high touch areas) will be CLOSED. All City-owned boat launches and public docks remain OPEN. All beach approaches shall be CLOSED to vehicles, except emergency, enforcement and maintenance vehicles. There shall be no parking at the closed beach approaches except in specified parking areas. Section 3: Curfew A general curfew is hereby established throughout the City. The curfew will be in effect daily from 12:00 a.m, (midnight) to 5:00 a.m., and shall include but not be limited to the prohibition on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services such as fire, police and hospital services, including the transportation of patients thereto, utility emergency repairs, emergency calls by physicians, and commercial food delivery services. Section 4: End Time and Date of this Order The emergency measures ordered and promulgated above shall be effective through 11:59 p.m. on April 10, 2020, unless amended, extended or earlier terminated by order of the Mayor. 5. Ratification of Executive Order 2020-03 Ratification of an Executi... Page 17 of 30  Section 5: Violations of this Order Any violation of these emergency measure(s) shall subject the individual, operator, business entity, or organization to a fine or imprisonment for not more than ninety days or by both pursuant to Section 8.36.040 of the City Code. Section 6: Prior Proclamations Remain In Effect All mayoral proclamations and orders presently in effect shall remain in full force and effect except that, insofar as any provision of any such prior proclamation is inconsistent with any provision of this proclamation, then the provision of this proclamation shall control. Section 7: Notice of Proclamation To the extent practicable, a copy of this Emergency Order shall be made available to all news media within the City and to the general public. Section 8: Ratification by Council This Emergency Order shall immediately, or at the earliest practicable time, be presented to the City Council for ratification and confirmation. Ratification and confirmation shall be by majority of the council then present and voting. If this Emergency Order is not so ratified and confirmed, the order shall, after the vote, be void. This Emergency Order shall be considered in full force and effect until the City Council shall act. Dated this 23rd day of March 2020. 5. Ratification of Executive Order 2020-03 Ratification of an Executi... Page 18 of 30  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 27, 2020 SUBJECT: An Executive Order directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of CO VID-19 and mitigate the impacts of COVID-19, Hotel Closure. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT X OTHER ATTACHMENTS: Signed Executive Order SUMMARY/BACKGROUND: The Executive Order dated March 25, 2020 was signed by Mayor Crystal Dingler. The Executive Order consisted of closures and curfews to mitigate the City impact of COVID-19 , Hotel Closure EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Crystal Dingler (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 6. Ratification of Executive Order 2020-04 Ratification of an executive ... Page 19 of 30  Executive Order 2020-04 directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of COVID-19 and mitigate the impacts of CO VID-19. WHEREAS, COVID-19 has been declared a pandemic in the United States of America; and WHEREAS, on March 13, 2020, in my capacity as Mayor, I proclaimed that a civil emergency exists in the City of Ocean Shores in Emergency Proclamation 2020-01; and WHEREAS, the citizens of the City of Ocean Shores average almost 60 years of age according to 2010 US Census data, and many citizens of ail age groups have severe medical conditions or underlying conditions which make them vulnerable to severe effects of COVID-19; and WHEREAS, on March 16, 2020, Washington State Governor Jay Inslee imposed restrictions prohibiting gatherings of more than 50 people and shutting down bars and entertainment and recreational facilitates within the State of Washington, and limiting restaurants within the State of Washington to take-out functions only; and WHEREAS, on March 23 Governor Inslee also closed non-essential businesses and asked citizens of the State to avoid public gatherings, work from home if possible, maintain six (6) foot social distancing, and to stay at home except for essential travel; and WHEREAS, the guidance in this is not being followed by some State citizens; and WHEREAS, potential visitors and non-resident property owners traveling to Ocean Shores to occupy their secondary residences or RV lots at this time could increase the likelihood of transmission of COVID-19; and WHEREAS, as a small rural community, the City has limited essential resources. A COVID-19 outbreak would strain those resources as well as having devastating results on its largely older population; and WHEREAS, avoiding contact with infected individuals is vital to contain any contagious health-related crisis such as COVID-19; and 6. Ratification of Executive Order 2020-04 Ratification of an executive ... Page 20 of 30  WHEREAS, the impacts of the COVID-19 crisis are expected to get much worse before they improve; and WHEREAS, the potential impact to our community of the COVID-19 healthcare crisis is severe; and WHEREAS, Art. XI, Sec. 11 of the Washington State Constitution grants cities like the City of Ocean Shores broad police powers to “make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws.” WHEREAS, I have determined that it is necessary for the City to take actions authorized under Chapter 2.08 (Mayor) Chapter 2.72 (Emergency Services) and Chapter 8.36 (Mayor’s Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") and Chapter 38.52 .(Emergency Management) of the Revised Code of Washington ("RCW") including, but not limited to, the definitions in RCW 38.52.010, the authorizations in RCW 38.52.070 and RCW 38.52.110, the liability, immunity, and indemnification provisions of RCW 38.52.180, et. seq. NOW, THEREFORE, I, Crystal Dingier, Mayor of Ocean Shores, acting under my authority under Chapter 8.36 (Mayor’s Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") as well as that certain City of Ocean Shores Emergency Proclamation, dated and March 13, 2020, hereby ORDER and PROMULGATE the following emergency measures in addition to others previously ordered. Section 1: Effective Date • March 27, 2020, at 3:00 p.m. Section 2: Closures, Non-Closures and Prohibitions • Commercial Lodging Establishments - CLOSED Commercial lodging establishments including, but not limited to, hotels, condo hotels, hotel units within apartment-hotels, condominiums, motels, RV Parks, and other temporary vacation rentals (i.e. short-term rentals) (collectively “Commercial Lodging Facilities”) shall immediately begin to shut down operations and vacate guests from their premises, and shall be fully closed to guests and renters by the effective date of this Order. Commercial Lodging Facilities shall cancel existing reservations for the period of closure and shall refrain from accepting new guests or making new reservations for stays during that period. Restaurants located within Commercial Lodging Facilities may continue to operate their kitchens for take-out, pick up or delivery services only. 6. Ratification of Executive Order 2020-04 Ratification of an executive ... Page 21 of 30  Commercial Lodging Facilities may be permitted to maintain security and other essential personnel on-premises, as necessary, to maintain and secure their facilities. Commercial Lodging Facilities may remain open to serve only the following designated groups: i. Current users registered for longer than thirty (30) consecutive days. ii. Essential personnel as defined by federal law, where lodging in Ocean Shores is necessary for work involving the safety of human life or the protection of property or performing certain types of other work consistent with the intent of this provision (e.g. emergency and public safety responders, truck drivers and supply providers, and construction industry workers). iii. Other individuals as authorized by the Grays Harbor County Health In no event shall these Commercial Lodging Facilities increase the number of rentals or re-rent a unit once vacated, nor shall they allow subletting of units or an increase of the existing number of persons per unit. This Order shall not apply to residents of residential apartment buildings and/or residential condominiums which may Commercial Lodging Facilities who are registered for longer than thirty (30) consecutive days. This Order shall not apply to Commercial Lodging Facilities that have received approval from a City, County, State, or Federal governmental entity for the limited purpose of providing emergency healthcare services or other essential services, including, without limitation, to serve as shelters, or to house patients (for any health­ care related purposes, such as pre-admission, observation, recovery, or rehabilitation), patients' families, healthcare workers, first responders, law enforcement or other essential personnel, or displaced residents or visitors. Any restaurants, gaming areas, halls for hire, spas, pools, or similar businesses that are located within a hotel, or its grounds, shall also be considered a non-essential retail and commercial establishment subject to these restrictions, except for take-out or delivery food service from restaurants. • Visitors and Non-resident Property Owners - NOT ENCOURAGED Visitors and non-resident property owners are encouraged to remain at their primary residence and not travel to Ocean Shores. 6. Ratification of Executive Order 2020-04 Ratification of an executive ... Page 22 of 30  • For-Profit Facilities That Prepare and Serve Food - CLOSED Except for Take- Out and Delivery All restaurants and other for-profit facilities that prepare and serve food and similar businesses shall be required to CLOSE for on-premises service of customers until further notice. However, such establishments may operate their kitchens for the purpose of providing delivery services, drive-through, pick-up or take-out services only, from 9:00 a.m. until 9:00 p.m. each day. Any establishment that remains open for delivery, pick-up, or take- out services shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. Such establishments shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. • Non-Profit Facilities That Prepare and Serve Food or Distribute Food - CLOSED Except for Take-Out and Delivery All non-profit facilities that prepare and serve food (including churches, food banks, senior centers, and similar establishments. However, such establishments may operate their kitchens for the purpose of providing delivery services, drive-through, pick-up or take-out services only, from 5:00 a.m. until midnight each day. Any establishment that remains open for delivery, pick-up, or take- out services shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. Such establishments shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. The Ocean Shores Convention Center and Visitor Information Center (OSCC) shall be CLOSED to the public, except for emergency services as may be requested by the Fire Chief, Grays Harbor County Health Department, or Grays Harbor Emergency Management Department. However, the OSCC may operate their kitchen for the purpose of providing delivery services, pick-up or take-out services only, from 9:00 a.m. to 5 p.m. Monday through Friday. As any establishment that remains open for delivery, pick-up, or take- out services, OSCC shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. OSCC shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. Section 3: End Date and Time of this Order The emergency measures ordered and promulgated above shall be effective through 11:59 p.m. on April 10, 2020, unless extended or earlier terminated by order of the Mayor. 6. Ratification of Executive Order 2020-04 Ratification of an executive ... Page 23 of 30  Section 4: Violations of this Order Any violation of these emergency measure(s) shall subject the individual, operator, business entity, or organization to a fine or imprisonment for not more than ninety days or by both pursuant to Section 8.36.040 of the City Code. Section 5: Prior Proclamations Remain In Effect All mayoral proclamations and orders presently in effect shall remain in full force and effect except that, insofar as any provision of any such prior proclamation is inconsistent with any provision of this proclamation, then the provision of this proclamation shall control. Section 6: Notice of Proclamation To the extent practicable, a copy of this Emergency Order shall be made available to all news media within the City and to the general public. Section 7: Ratification by Council This Emergency Order shall immediately, or at the earliest practicable time, be presented to the City Council for ratification and confirmation. Ratification and confirmation shall be by majority of the council then present and voting. If this Emergency Order is not so ratified and confirmed, the order shall, after the vote, be void. This Emergency Order shall be considered in full force and effect until the City Council shall act. 6. Ratification of Executive Order 2020-04 Ratification of an executive ... Page 24 of 30  City of Ocean Shores AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: March 27, 2020 SUBJECT: An Executive Order directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of CO VID-19 and mitigate the impacts of COVID-19. Amending Executive Order 2020-04 delivery services. Dated March 26, 2020 CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT X OTHER ATTACHMENTS: Signed Executive Order SUMMARY/BACKGROUND: The Executive Order dated March 26, 2020 was signed by Mayor Crystal Dingler. The Executive Order consisted of closures and curfews to mitigate the City impact of COVID-19, amending Executive order that put time restrictions on delivery services. EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Approve MAYOR'S RECOMMENDATION: Approve PRESENTED BY: Mayor, Crystal Dingler (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 7. Ratification of Executive Order 2020-05 Ratification of an the execut... Page 25 of 30  Executive Order 2020-05 directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of COVID-19 and mitigate the impacts of COVID-19. WHEREAS, COVID-19 has been declared a pandemic in the United States of America; and WHEREAS, on March 13, 2020, in my capacity as Mayor, I proclaimed that a civil emergency exists in the City of Ocean Shores in Emergency Proclamation 2020-01; and WHEREAS, the citizens of the City of Ocean Shores average almost 60 years of age according to 2010 US Census data, and many citizens of all age groups have severe medical conditions or underlying conditions which make them vulnerable to severe effects of COVID-19; and WHEREAS, on March 16, 2020, Washington State Governor Jay Inslee imposed restrictions prohibiting gatherings of more than 50 people and shutting down bars and entertainment and recreational facilitates within the State of Washington, and limiting restaurants within the State of Washington to take-out functions only; and WHEREAS, on March 23, 2020, Governor Inslee also closed non-essential businesses and asked citizens of the State to avoid public gatherings, work from home if possible, maintain six (6) foot social distancing, and to stay at home except for essential travel; and WHEREAS, the guidance in this is not being followed by some State citizens; and WHEREAS, potential visitors and non-resident property owners traveling to Ocean Shores to occupy their secondary residences or RV lots at this time could increase the likelihood of transmission of COVID-19; and WHEREAS, as a small rural community, the City has limited essential resources. A COVID-19 outbreak would strain those resources as well as having devastating results on its largely older population; and WHEREAS, avoiding contact with infected individuals is vital to contain any contagious health-related crisis such as COVID-19; and 7. Ratification of Executive Order 2020-05 Ratification of an the execut... Page 26 of 30  WHEREAS, the impacts of the COVID-19 crisis are expected to get much worse before they improve; and WHEREAS, the potential impact to our community of the COVID-19 healthcare crisis is severe; and WHEREAS, Art. XI, Sec. 11 of the Washington State Constitution grants cities like the City of Ocean Shores broad police powers to “make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws.” WHEREAS, I have determined that it is necessary for the City to take actions authorized under Chapter 2.08 (Mayor) Chapter 2.72 (Emergency Services) and Chapter 8.36 (Mayor’s Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") and Chapter 38.52 .(Emergency Management) of the Revised Code of Washington ("RCW") including, but not limited to, the definitions in RCW 38.52.010, the authorizations in RCW 38.52.070 and RCW 38.52.110, the liability, immunity, and indemnification provisions of RCW 38.52.180, et. seq. NOW, THEREFORE, I, Crystal Dingler, Mayor of Ocean Shores, acting under my authority under Chapter 8.36 (Mayor’s Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") as well as that certain City of Ocean Shores Emergency Proclamation, dated and March 13, 2020, hereby ORDER and PROMULGATE the following emergency measures in addition to others previously ordered. Section 1: Effective Date • March 27, 2020, at 3:00 p.m. Section 2: Closures, Non-Closures and Prohibitions • Commercial Lodging Establishments - CLOSED Commercial lodging establishments including, but not limited to, hotels, condo hotels, hotel units within apartment-hotels, condominiums, motels, RV Parks, and other temporary vacation rentals (i.e. short-term rentals) (collectively “Commercial Lodging Facilities”) shall immediately begin to shut down operations and vacate guests from their premises, and shall be fully closed to guests and renters by the effective date of this Order. Commercial Lodging Facilities shall cancel existing reservations for the period of closure and shall refrain from accepting new guests or making new reservations for stays during that period. Restaurants located within Commercial Lodging Facilities may continue to operate their kitchens for take-out, pick up or delivery services only. 7. Ratification of Executive Order 2020-05 Ratification of an the execut... Page 27 of 30  Commercial Lodging Facilities may be permitted to maintain security and other essential personnel on-premises, as necessary, to maintain and secure their facilities. Commercial Lodging Facilities may remain open to serve only the following designated groups: i. Current users registered for longer than thirty (30) consecutive days. ii. Essential personnel as defined by federal law, where lodging in Ocean Shores is necessary for work involving the safety of human life or the protection of property or performing certain types of other work consistent with the intent of this provision (e.g. emergency and public safety responders, truck drivers and supply providers, and construction industry workers). iii. Other individuals as authorized by the Grays Harbor County Health In no event shall these Commercial Lodging Facilities increase the number of rentals or re-rent a unit once vacated, nor shall they allow subletting of units or an increase of the existing number of persons per unit. This Order shall not apply to residents of residential apartment buildings and/or residential condominiums which may Commercial Lodging Facilities who are registered for longer than thirty (30) consecutive days. This Order shall not apply to Commercial Lodging Facilities that have received approval from a City, County, State, or Federal governmental entity for the limited purpose of providing emergency healthcare services or other essential services, including, without limitation, to serve as shelters, or to house patients (for any health- care related purposes, such as pre-admission, observation, recovery, or rehabilitation), patients' families, healthcare workers, first responders, law enforcement or other essential personnel, or displaced residents or visitors. Any restaurants, gaming areas, halls for hire, spas, pools, or similar businesses that are located within a hotel, or its grounds, shall also be considered a non-essential retail and commercial establishment subject to these restrictions, except for take-out or delivery food service from restaurants. • Visitors and Non-resident Property Owners - NOT ENCOURAGED Visitors and non-resident property owners are encouraged to remain at their primary residence and not travel to Ocean Shores. 7. Ratification of Executive Order 2020-05 Ratification of an the execut... Page 28 of 30  • For-Profit Facilities That Prepare and Serve Food - CLOSED Except for Take- Out and Delivery All restaurants and other for-profit facilities that prepare and serve food and similar businesses shall be required to CLOSE for on-premises service of customers until further notice. However, such establishments may operate their kitchens for the purpose of providing delivery services, drive-through, pick-up or take-out services only, from 9:00 a.m. until 9:00 p.m. each day. Any establishment that remains open for delivery, pick-up, or take- out services shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. Such establishments shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. • Non-Profit Facilities That Prepare and Serve Food or Distribute Food - CLOSED Except for Take-Out and Delivery All non-profit facilities that prepare and serve food (including churches, food banks, senior centers, and similar establishments. However, such establishments may operate their kitchens for the purpose of providing delivery services, drive-through, pick-up or take-out services only, from 5:00 a.m. until midnight each day. Any establishment that remains open for delivery, pick-up, or take- out services shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. Such establishments shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. The Ocean Shores Convention Center and Visitor Information Center (OSCC) shall be CLOSED to the public, except for emergency services as may be requested by the Fire Chief, Grays Harbor County Health Department, or Grays Harbor Emergency Management Department. However, the OSCC may operate their kitchen for the purpose of providing delivery services, pick-up or take-out services only, from 9:00 a.m. to 5 p.m. Monday through Friday. As any establishment that remains open for delivery, pick-up, or take- out services, OSCC shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. OSCC shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. Section 3: End Date and Time of this Order The emergency measures ordered and promulgated above shall be effective through 11:59 p.m. on April 10, 2020, unless extended or earlier terminated by order of the Mayor. 7. Ratification of Executive Order 2020-05 Ratification of an the execut... Page 29 of 30  Section 4: Violations of this Order Any violation of these emergency measure(s) shall subject the individual, operator, business entity, or organization to a fine or imprisonment for not more than ninety days or by both pursuant to Section 8.36.040 of the City Code. Section 5: Prior Proclamations Remain In Effect All mayoral proclamations and orders presently in effect shall remain in full force and effect except that, insofar as any provision of any such prior proclamation is inconsistent with any provision of this proclamation, then the provision of this proclamation shall control. Section 6: Notice of Proclamation To the extent practicable, a copy of this Emergency Order shall be made available to all news media within the City and to the general public. Section 7: Ratification by Council This Emergency Order shall immediately, or at the earliest practicable time, be presented to the City Council for ratification and confirmation. Ratification and confirmation shall be by majority of the council then present and voting. If this Emergency Order is not so ratified and confirmed, the order shall, after the vote, be void. This Emergency Order shall be considered in full force and effect until the City Council shall act. Dated this 26th day of March 2020. ______________<s>_______________________ Crystal Dingler, Mayor 7. Ratification of Executive Order 2020-05 Ratification of an the execut... Page 30 of 30