HomeMy WebLinkAboutR-2020-025 Ratifying Mayoral State of Emergency ProclamationA RESOLUTION
RESOLUTION NO. R-2020-025
ratifying and confirming the Mayor's Proclamation of Emergency and Order
regarding a state of emergency in the City of Yakima due to the coronavirus
disease 2019 ("COVID-19")
WHEREAS, on January 31, 2020, the Governor of the State of Washington issued a
Proclamation declaring a state of emergency due to the number of confirmed cases of the novel
coronavirus which has been named "coronavirus disease 2019" (abbreviated "COVID-19") in the
State of Washington and the serious nature of the effects of COVID-19 on the population, and
WHEREAS, on March 12, 2020, the Yakima County Commissioners declared a state of
emergency in Yakima County as a result of confirmed cases of COVID-19 in Yakima County, thus
enabling Yakima County to take extraordinary measures to address the threat of the novel
coronavirus (COVID-19) to the public health and safety, and
WHEREAS, as a result of confirmed cases of COVID-19 affecting residents in Yakima
County, the Proclamations and Orders issued by the Governor and the Yakima County
Commissioners, and to provide for the best opportunity for the City of Yakima to address
immediate responses to the threat of COVID-19 in the City of Yakima and reduce the opportunities
for exposure to the disease, the Mayor issued a Proclamation of Civil Emergency and Order on
March 12, 2020, attached hereto and incorporated herein, in accordance with City Ordinance and
State statute; and
WHEREAS, pursuant to Yakima Municipal Code 6 06 030, the City Council is required to
ratify and confirm the Mayor's Proclamation of Emergency and Order within 72 hours of the
Proclamation and Order being issued, and
WHEREAS, the City Council has determined that it is in the best interests of the City of
Yakima to ratify and confirm the Mayor's Proclamation of Civil Emergency and Order, and to
authorize the Proclamation of Civil Emergency and Order on the state of emergency to continue
for the next thirty days unless rescinded sooner or extended by the City Council, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1 The City Council of the City of Yakima ratifies and confirms the Mayoral Proclamation of
Civil Emergency and Order issued on March 12, 2020
2 The City Manager is authorized to request any state or federal assistance needed to meet
the demands of the emergency that exists, as the City may be in need of economic
assistance from available state and federal sources for expenses associated with the
response to the COVID-19 threat and the costs associated therewith
3 The Mayor may take whatever measures the Mayor deems necessary and reasonable to
respond to the threat of COVID-19 and to protect the public health and safety of the City's
residents during this state of civil emergency.
1
4 The Proclamation of Civil Emergency and Order shall be in effect for thirty days after the
date of ratification below unless rescinded sooner or extended by the City Council
ADOPTED BY THE CITY COUNCIL this 13th day of March, 2020
ATTEST
Sonya ClaaVee, City Clerk
2
1-f Yfa
7tricia
Byers, Mayor/
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2.
For Meeting of: March 13, 2020
ITEM TITLE: Resolution ratifying Mayoral State of Emergency Proclamation
SUBMITTED BY: Alex Meyerhoff, Interim City Manager
SUMMARY EXPLANATION:
On February 29, 2020, following declarations of emergency by the Governor of Washington and
by the Yakima County Commissioners on March 12, 2020, as a result of COVI D-19, the Mayor
proclaimed a state of emergency in the City of Yakima on March 12, 2020.
The proclamation of emergency authorized the Interim City Manager to expend resources and
utilize measures as may become necessary to deal with the effects of COVI D-19 and will assist
the City in obtaining state and federal assistance that may become necessary. The City Council
must ratify the Mayor's declaration of emergency within 72 hours of it being issued in order to
maintain the declaration's effect.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
Description
D resolution
D proclamation
Upload Date
3113/2020
3/ 12/2020
Type
Cover Memo
Cover Memo
MAYORAL PROCLAMATION OF CIVIL EMERGENCY
AND ORDER
City of Yakima, Washington
March 12, 2020
WHEREAS, on January 31, 2020, the United States Department of Public Health and
Human Services Secretary Alex M. Azar II declared a public health emergency for the novel
coronavirus which has been named "coronavirus disease 2019" (abbreviated "COVID-19"); and
WHEREAS, on February 29, 2020, Governor Jay Inslee signed a Proclamation declaring
a State of Emergency exists in all counties in the State of Washington due to the number of
confirmed cases of COVID-19 in the state and directed that the plans and procedures of the
Washington State Comprehensive Emergency Management Plan be implemented; and
WHEREAS, Governor Jay Inslee signed subsequent Proclamation 20-06 on March 9,
2020 and Proclamation 20-07 on March 11, 2020; and
WHEREAS, on March 11, 2020, the World Health Organization publicly characterized
COVID-19 as a pandemic; and
WHEREAS, on March 12, 2020, Yakima County Commissioners signed an Emergency
Declaration due to the number of confirmed cases of COVID-19 in Yakima County thus enabling
Yakima County government to take extraordinary measures; and
WHEREAS, the Executive Director of the Yakima County Department of Health for Yakima
County has reported to the Mayor and/or the City Manager that there are a number of confirmed
cases of COVID-19 in Yakima County and that that number will likely increase; and
WHEREAS, the City of Yakima believes that the significant likelihood of additional
confirmed cases of COVID-19 constitutes a civil emergency as defined in Yakima Municipal Code
Chapter 6.06 entitled "Emergency Powers of Mayor, City Council and City Manager" and
necessitates the utilization of emergency powers granted under RCW 38.52.070; and
WHEREAS, this Proclamation and Order by the Mayor of the City of Yakima declares a
state of emergency in the City of Yakima (the "City") due to the novel coronavirus (COVID-19) in
the City of Yakima in Yakima, County, Washington, establishes and orders measures to protect
public health and safety, including the potential for a general curfew in a certain specified area
should such a measure become necessary; and
WHEREAS, as of March 12, 2020, the novel coronavirus (COVID-19) is occurring and has
had or will have an impact within the city limits of the City of Yakima, Washington; and
WHEREAS, the coronavirus (COVID-19 threatens the health and safety of persons and
property within Yakima; and
Proclamation of Civil Emergency and Order — 1
WHEREAS, a civil emergency exists requiring me to exercise the emergency powers
vested in me as Mayor by Yakima Municipal Code ("YMC") Chapter 6.06 entitled "Emergency
Powers of Mayor, City Council and City Manager"; and
WHEREAS, I have reviewed the situation, consulted with some of the City Department
Heads and verified the existence of the emergency cited below, and the necessity for me to take
immediate, extraordinary action as outlined in this Proclamation and Order; and
WHEREAS, in the judgment of the Mayor, extraordinary measures are necessary to
protect the public peace, safety and welfare; and
WHEREAS, the Mayor is authorized by Yakima Municipal Code ("YMC") Chapter 6.06
entitled "Emergency Powers of Mayor, City Council and City Manager" to take certain actions
necessary to protect persons and property in the event of an emergency; and
WHEREAS, the area impacted or endangered by the current situation is described below;
and
WHEREAS, the current situation involving COVID-19 qualifies as a civil emergency; and
WHEREAS, response to the COVID-19 emergency situation requires decisive action to
protect the health and safety of persons and property; and
WHEREAS, RCW 38.52.070(2) on emergency powers and YMC 6.06.030D authorize the
City to enter into contracts and incur obligations necessary to combat a civil emergency,
protecting the health and safety of persons and property, and providing emergency assistance to
the victims of such civil emergency if needed; and
WHEREAS, upon the proclamation of a civil emergency by the Mayor and during the
existence of such emergency, the Mayor may make and proclaim various actions and orders
pursuant to YMC 6.06.030(D) in order to address an emergency situation; and
WHEREAS, pursuant to YMC 6.06.030, civil emergency orders by the Mayor "shall, at the
earliest practicable time but in no event more than seventy-two (72) hours after the proclamation
of the respective order(s), be presented to the City Council for ratification and confirmation, and
if not so ratified and confirmed shall be void"; and
WHEREAS, pursuant to YMC 6.06.040 regarding delivery of the proclamation to the news
media, the Mayor shall cause any proclamation issued pursuant to YMC Chapter 6.06 "to be
delivered to all news media within the City and shall utilize such other available means, including
public address systems, as shall be necessary in his or her judgment, to give notice of such
proclamation to the public"; and
WHEREAS, the Mayor finds it to be in the best interest of the City of Yakima to proclaim
a state of emergency for the City of Yakima, to establish measures to protect public health and
safety, and to define the geographical area within the City limits to which this Proclamation and
Order applies; now, therefore,
IT IS HEREBY PROCLAIMED AND ORDERED:
1. Determination of Emergency. A state of emergency currently exists in the City
of Yakima as a result of:
Proclamation of Civil Emergency and Order — 2
An outbreak of the coronavirus disease (COVID-19) in the United States and
confirmed person -to -person spread of COVID-19 in Washington State.
As a result of the occurrence of this outbreak and the emergency that exists I authorize
the City of Yakima to exercise all actions necessary during the state of emergency to protect the
safety, health and well-being of the Residents of the City, to include but not be limited to:
a. ordering areas of quarantine as may be necessary and appropriate to preserve
health and safety;
b. postponing meetings of City committees, commissions and boards as may be
determined appropriate;
c. altering the schedule means, methods and occurrence of City Council meetings to
accommodate health concerns and preservation of public safety;
d. authorizing the City to enter into contracts and obligations necessary to respond
to the declared emergency to protect the health, welfare and property of the City's residents and
to provide emergency assistance as required, and to otherwise suspend requirements for bidding
processes and formalities otherwise required by law unless mandated by Constitutional
requirements in order to respond to the emergency that exists;
2. Violation —Penalty. Pursuant to YMC 6.06.050 on "Violation —Penalty," "it is
unlawful for any person to fail or refuse to obey any such Order proclaimed by the Mayor or the
City Council" issued pursuant to YMC Chapter 6.06; and any person convicted of a violation of
YMC Chapter 6.06 shall be guilty of a misdemeanor and may be punished by a fine of not more
than Five Hundred Dollars or by imprisonment in jail for not more than ninety days, or by both
such fine and imprisonment.
3. Subsequent Orders. The Mayor is authorized to issue subsequent Orders which
are additionally necessary to address the present situation, pursuant to and in accordance with
YMC 6.06.030 and subject to approval of the City Council within seventy-two hours of their
issuance.
4. Circulation; A copy of this Proclamation and Order shall be sent to the Governor
of the State of Washington and to the County Commissioners of Yakima County. To the extent
practicable, notices of this Proclamation and Order shall be made available to all news media
within the City of Yakima pursuant to YMC 6.06.040 and to the general public.
5. Presentation, Ratification, Termination. This Proclamation and Order shall at the
earliest practicable time pursuant to YMC 6.06.030 be presented to the City Council for ratification
and confirmation, modification, or rejection, but in no event more than seventy-two (72) hours
after the proclamation of this Order, and if rejected, shall be void. This Proclamation and Order
shall remain in effect until such time as it is removed by a subsequent City Proclamation, Order
or Resolution when it is determined that the extraordinary measures are no longer equired for
the protection of the public peace, and safety and welfare, or until the ' ;.a day of
Proclamation of Civil Emergency and Order — 3
, 2020, when the City Council shall either modify, renew or discontinue this
Proc amation and Order; whichever occurs first,
DATED this 12th day of March, 2020,
-0 -
Patrici Byers, Mayor
of the ity of Yakima
Proclamation of Civil Emergency and Order — 4