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20-22 RESOLUTION NO. 20-22 CONFIRMATION OF COVID-19 EMERGENCY PROCLAMATIONS AND COVID-19 EMERGENCY MEASURES— MAY 21, 2020 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING DECLARATIONS OF A STATE OF EMERGENCY, TERMINATING PRIOR EMERGENCY MEASURES, AND ESTABLISHING NEW EMERGENCY MEASURES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Mayor George N. Cretekos, upon recommendation by the Emergency Management Director(City Manager William B. Home), after certification of emergency conditions by the Emergency Management Coordinator(Fire Division Chief of Emergency Management Jevon Graham), on March 18, 2020 due to the unmitigated spread of coronavirus disease (COVID-19); and WHEREAS, the March 18, 2020 state of emergency was confirmed by City Council in Resolution 20-11 later that day,extended 7 days by Mayor George N. Cretekos on March 25, extended 7 days by Mayor Frank Hibbard on April 1, confirmed by City Council in Resolution 20-14 on April 2, extended 7 days by Mayor Frank Hibbard on April 8 and April 15, confirmed by City Council in Resolution 20-16 on April 16, extended 7 days by Mayor Frank Hibbard on April 22, April 29, and May 6, confirmed by City Council in Resolution 20- 19 on May 7, and then extended 7 days by Mayor Frank Hibbard on May 13 and May 20, 2020; and WHEREAS, COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza, with no available vaccine or cure; and WHEREAS, on January 31, 2020 the United States Department of Health and Human Services declared that a public health emergency exists nationwide as a result of confirmed cases of COVID-19 in the United States; and WHEREAS, on March 1, 2020 Governor Ron DeSantis issued Executive Order 20- 51, declaring that appropriate measures to control the spread of COVID-19 in the State of Florida are necessary, and therefore directed that a Public Health Emergency be declared in the State of Florida; and WHEREAS, on March 9, 2020 Governor Ron DeSantis issued Executive Order 20- 52 declaring a State of Emergency for COVID-19; and WHEREAS, the World Health Organization declared COVID-19 a pandemic on March 11, 2020, which is defined as "worldwide spread of a new disease," and is the first declared pandemic since the H1 N1 "swine flu" in 2009; and Resolution No. 20-22 WHEREAS, on March 13, 2020 President Donald J. Trump declared a national state of emergency; and WHEREAS, on March 16, 2020 President Trump and CDC issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures. such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020 Governor Ron DeSantis issued Executive Order 20- 68 closing bars, pubs and nightclubs for 30 days, recommending that public beachgoers follow CDC guidelines limiting group sizes and social distancing, and ordering that restaurants limit occupancy to 50% of current building capacities and begin employee screening; and WHEREAS, on March 18, 2020 the City of Clearwater passed Resolution 20-11, cancelling most City meetings and groups, prohibiting all in-person gatherings of 10 people or more, closed all beaches, closed all libraries, closed all recreation centers, required businesses open to the public to provide hand sanitizer, gave the Emergency Management Director authority to close parking as necessary, prohibited price gouging, and enabled emergency procurement procedures; and WHEREAS, on March 19, 2020 Pinellas County passed Resolution 20-17, closing all public beaches within the county; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 71, suspending all sales of food and alcohol in the State by establishments for on-site consumption and allowing for take-out or delivery service, and closing all gyms and fitness centers; and WHEREAS, on March 20, 2020 Governor Ron DeSantis issued Executive Order 20- 72, prohibiting elective and unnecessary medical procedures; and WHEREAS, on March 24, 2020 Governor Ron DeSantis issued Executive Order 20- 83, recommending an advisory to all persons over 65 and those with underlying serious medical conditions to stay home and limit risk of exposure; and WHEREAS, on March 25, 2020 Pinellas County passed Resolution 20-20, "COVID- 19 Safer at Home Order," directing individuals to limit non-essential activity and/or transportation, closing places of public assembly, and ordering the closure of non-essential businesses if they can not comply with current CDC social distancing guidelines; and WHEREAS, on March 27, 2020 Governor Ron DeSantis issued Executive Order 20- 86, retroactively ordering any person entering the State of Florida from "an area with substantial community spread"to self-quarantine for 14 days and inform anyone they have had direct physical contact with of their status; and Resolution No. 20-22 WHEREAS, on April 1, 2020 Governor Ron DeSantis issued Executive Orders 20- 91 and 20-92, ordering all persons in Florida to limit their movements and personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities; and WHEREAS, on April 16, 2020 the City Council extended for 30 days and modified those emergency measures enacted by Resolution 20-11; and WHEREAS, on April 28, 2020 Pinellas County passed Resolution 20-34, "Order Relaxing Beach Restrictions With Conditions," allowing public beaches to reopen consistent with CDC social distancing guidelines effective May 4, 2020; and WHEREAS, on April 29, 2020 Governor Ron DeSantis issued Executive Order 20- 112, ordering all persons in Florida to continue to limit their movements and personal interactions outside of their homes, and allowing restaurants to resume on-premises service with restrictions; and WHEREAS, on May 1, 2020 Pinellas County passed Resolution 20-39 "Order Clarifying Local Restrictions," which gives support to Governor DeSantis' EO 20-112, terminates Pinellas County Res. 20-20 and 20-23, but continues to restrict public playgrounds and pools, and requires social distancing; and WHEREAS, on May 1, 2020 City of Clearwater Emergency Management Director William B. Home announced that Clearwater beaches would reopen May 4 in conjunction with Pinellas County's Res. 20-34; and WHEREAS, on May 14, 2020 Governor Ron DeSantis issued Executive Order 20- 123, "Full Phase 1: Safe. Smart. Step-by-Step. Plan for Florida's Recovery,"which allowed for increased restaurant, retail and museum capacity, and allowed for the opening of gyms and fitness centers effective May 18, 2020; and WHEREAS, as of May 21, 2020, 46,197 Florida residents (47,471 total cases in Florida including non-residents), including 1,703 in Hillsborough County (including 64 deaths), 893 in Manatee County (including 84 deaths), 328 in Pasco County (including 12 deaths), 1,075 in Pinellas County (including 72 deaths), at least 126 cases of which are believed to be City of Clearwater residents, have tested positive for COVID-19; and WHEREAS, the City of Clearwater continues to be threatened by COVID-19 because of the apparent ability of the virus to spread rapidly among humans, and COVID- 19 thereby constitutes a clear and present threat to the health, safety, and welfare of the citizens and visitors of the City of Clearwater, and WHEREAS, Section 252.38, Florida Statutes authorizes the establishment and amendment of emergency measures during a state of emergency; and Resolution No. 20-22 WHEREAS, Chapter 15, Code of Ordinances requires City Council to confirm any declaration of a state of emergency and all emergency regulations activated under the provisions of this chapter at their next regularly scheduled meeting; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. The May 13, 2020 state of emergency proclamation is hereby confirmed. Section 2. The May 20, 2020 state of emergency proclamation is hereby confirmed. Section 3. The emergency measures enacted in Section 2. of Resolution 20-11, passed March 18, 2020, and as modified in Resolution 20-16 Sections 4 and 5, and as modified in Resolution 20-19 Section 3 are hereby terminated. Section 4. This state of emergency continues to seriously affect and threaten the safety and security of the lives and property of residents of the City of Clearwater and requires the establishment of the following emergency measures: 1. The Emergency Management Director shall have the authority and is empowered to order the resumption or cancellation of any Community Redevelopment Agency meetings, City Boards (including all advisory and statutory boards), City committees, City working groups, quasi-judicial hearings, homeowner association and civic association meetings conducted or held on City property, and any special events with any level of City co-sponsorship as appropriate. Any meetings, hearings, or events resumed, scheduled or rescheduled shall comply with current social distancing guidelines and Florida's Government-in-the-Sunshine Law. 2. The Emergency Management Director shall have the authority and is empowered to open and close any City of Clearwater facilities and parking as needed. 3. Every public place, building, and facility, including all businesses, restaurants, bars, and retail establishments, but excluding public parks, shall have alcohol- based hand sanitizer(so long as publicly available) at every entrance for use by patrons and employees upon entering and exiting. 4. No person or business entity offering goods or services for sale within the City of Clearwater shall charge more than the normal average retail price as defined by § 15.01, Code of Ordinances, during the period of the declared emergency. 5. Pursuant to § 15.07(3)H., Code of Ordinances, the City of Clearwater's Resolution No. 20-22 procurement code is hereby waived. Emergency procurement is hereby authorized to be signed by the Emergency Management Director/City Manager. Section 5. Pursuant to§252.50, Florida Statues, any person violating the provisions of this emergency measures resolution after first being warned by a law enforcement officer is guilty of a misdemeanor of the second degree. All violations shall be subject to prosecution under§ 1.12, Code of Ordinances. Section 6. This resolution shall take effect immediately and shall remain in effect for until otherwise amended and ordered, or until competent authority declares the state of emergency and measures in Section 4 terminated. The state of emergency must be renewed in seven-day increments pursuant to § 15.07(5), Code of Ordinances. PASSED AND ADOPTED this 21st day of May, 2020. Attest: ��ATER ,� �► ' , i i tutu.. 0,4.e.( s-$• ,Ii. i, -...0_,.. -- • 111, Rosemarie CallOOOO „J....A../ .....t,e 11,_, it/MI.4W ©r -nk Hibbard City Clerk .w k. ayor Approved as to form: 4418LISON F9-4ke 1/4-• amela K. Akin City Attorney Resolution No. 20-22