HomeMy WebLinkAboutOrdinance No. 3114-2020!he<i!yof.
KENAI, ALASKA
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CITY OF KE NAI
ORDINANCE NO. 3114-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE
SUSPENSION AND MODIFICATION OF VARIOUS SECTIONS OF KENAI MUNICIPAL CODE
REGARDING COUNCIL MEETINGS AND OTHER PUBLIC MEETINGS AND PARTICIPATION
IN ORDER TO PROTECT THE HEAL TH , SAFETY AND WELFARE OF OUR CITY AND
DECLARING AN EMERGENCY.
WHEREAS, the novel Coronavirus , known as COVID-19 can result in serious illness or death
and has shown to be easily transmittable from person to person ; and ,
WHEREAS , reducing the high risk of serious illness from COVID-19 is especially critical to
older adults and individuals who have pre-existing medical conditions; and ,
WHEREAS, the World Health Organization declared COVID-19 as a pandemic on March 11,
2020; and ,
WHEREAS , the first coronavirus patient in Alaska was diagnosed in Anchorage on March 12,
2020 and other positive diagnoses have since occurred; and ,
WHEREAS, Governor Mike Dunleavy issued a Declaration of Public Health Disaster
Emergency on March 11, 2020 and the President of the United States issued a Proclamation
Declaring a National Eme rgency on March 13, 2020 ; and,
WHEREAS, on March 13 , 2020 Governor Mike Dunleavy issued a mandate that public schools
close to students between March 16 and March 30 , 2020 and all after school activities have
been suspended; and,
WHEREAS, Governor Mike Dunleavy has further mandated the closure of certain public and
private facilities; and,
WHEREAS , on March 18 , 2016 the City manager declared a local disaster emergency
WHEREAS , the Cen ters for Disease Control and Pre vention (CDC) recommends that
employers and others implement policies such as remote work and cancellation of mass
gatherings to increase the physical distance between individuals to prevent the spread of COVID-
19; and,
WHEREAS, many public and private facilities , gatherings, and other events have been
cancelled or postponed in order to prevent the rapid transmission of COVID -1 9; and ,
Ordinance No . 3114-2020
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WHEREAS, new information and guidance is being provided on a daily basis requiring maximum
flexibility be given to respond to and implement various preventative and containment measures;
and,
WHEREAS , given the rapidly changing situation this ordinance is necessary for the immediate
preservation of public peace, health and safety; and,
WHEREAS , the City needs maximum flexibility to schedule, cancel and reschedule meetings and
modify procedures to respond to time sensitive and emergency situations and conduct necessary
business in a safe manner; and,
WHEREAS , the authorization provided in this emergency ordinance is intended to be temporary
in duration, lasting only during the state and local disaster declaration; and,
WHEREAS, when reasonably possible the City will continue to comply with all City ordinances
regarding Council Meetings and public meetings and participation and will only deviate as
authorized below when reasonably necessary; and,
WHEREAS, state law and the City's Charter allow for emergency ordinances when necessary to
preserve public peace, health and safety.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1.
codified.
That this ordinance is not of a general and permanent nature and shall not be
Section 2. That the COVID-19 pandemic has created an emergency recognized on the
federal, state and local level and that this emergency ordinance is necessary to immediately
preserve the public peace, health and safety.
Section 3. That notwithstanding anything to the contrary in the City of Kenai's Municipal Code
of Ordinances, the City Mayor or other current Presiding Officer, if the Mayor is unavailable, has
the authority to modify and/ or waive provisions of City Code pertaining to schedu ling,
teleconference participation, public participation and other related provisions of code related to
meetings of the Council and other advisory and adjudicatory bodies of the City of Kenai, if deemed
necessary for public health and safety; provided that any modification and/ or waiver is in
compliance with state law.
Section 4. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered , and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 5. Effective Date: That pursuant to Kenai Municipal Charter Section 2-13 and KMC
1.15.070 this ordinance shall take effect upon enactment.
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No . 3 114-2020
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Section 6. Sunset Date: That this ordinance and its authority will terminate upon the
termination of the City of Kenai 's Disaster Eme rgency Declaration .
ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 18 day of March, 2020 .
ATTEST :
EfRIAN GABRIEL SR., MAYOR
New Text Underlined; [DELETED TEXT BRAC KETED]
Introduced: March 18, 2020
Enacted : March 18, 2020
Effective: March 18, 2020
'Vtffqte a1/t~ a PaJ'~ tt'tff a1/t~ a Fat~"
210 FidalgoAve, Kenai , Alaska 99611 -7794
Te lephone : (907) 283-7535 I Fax: (907) 283-3014
www.kenai.city
MEMORANDUM
TO:
FROM:
DATE :
SUBJECT:
Mayor Brian Gabriel and Kenai City Council
Scott Bloom , City Attorney
March 18, 2020
Ordinance No. 3114-2018 -Suspension and Modification of Public
Meeting Rules and Declaring an Emergency
This Ordinance allows the Mayor or other presiding officer to schedule and hold public meetings
with maximum fle xibility, even if KMC provisions provide differently. For example, code provisions
regarding the number of council members that can participate telephonically at a council meeting
on a non-emergency basis would not need to be followed. This ordinance would apply to the City
Council, board of adjustment and other advisory commissions and committees. State law will sti ll
need to be followed along with City Charter provisions. It is written to end or sunset on the same
date as the City's Declaration of Emergency ends. It will not be codified.
This ordinance is being introduced and passed as a laydown in the same meeting on an
emergency basis due to the COVID-19 pandemic. Pursuant to City Charter it must be read twice
at the same meeting and must declare an emergency. It also requires an affirmative vote of 5
council members to be enacted.
Your consideration is appreciated.
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Ordinance 3114 -2020