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HomeMy WebLinkAbout04/07/2020 05A Mayoral Proclamation of an Extension of Civil Emergency and Order 1 o,= Y ,-• / 1.:41 -11 ih BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.A. For Meeting of:April 7, 2020 ITEM TITLE: Consideration of proclamation extending the Mayor's order declaring emergency and resolution approving the Mayor's extension SUBMITTED BY: Alex Meyerhoff, Interim City Manager SUMMARY EXPLANATION: On March 24, 2020, Governor I nslee issued amendment 20-28 to the emergency proclamation, which temporarily suspends the Open Public Meeting Act language requiring agencies to provide a physical location for the public to attend meetings in-person. Therefore, the public may attend Council meetings via YPAC Channel 194 or live stream the meeting on our web page (www.yakimawa.gov). Comments related to the public hearing can be emailed to the City of Yakima on or before April 6, 2020 at 5 p.m. Additionally, a phone line will be available for the public to call in and comment on the public hearing. Public comment on all other topics continues to be suspended. On March 12, 2020, the Mayor issued a Proclamation of Emergency and Order regarding a state of emergency in the City of Yakima due to the coronavirus disease 2019 ("COVI D-19"). The City Council ratified the emergency declaration at a special meeting on March 13, 2020. The emergency declaration was for a period of 30 days after the date of ratification, thus ending April 12, 2020. Therefore, the City Council will discuss an extension of the emergency proclamation through May 6, 2020. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type ❑ mayor emergency proc extension 4/2/2020 Corer Memo 2 • resolution ratifying emerg proc extension 4/2/2020 Coker Memo • gov extends stay home order 4/3/2020 Coker Memo • OPMA proc 3/25/2020 Coker Memo • R-2020-025 3/19/2020 Coker Memo ❑ emergency proclamation 3/18/2020 Coker Memo 3 MAYORAL PROCLAMATION OF AN EXTENSION OF CIVIL EMERGENCY AND ORDER City of Yakima, Washington April 7, 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 Proclamation 20-06 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, as a result of the continued worldwide spread of COVID-19, its significant progression in Washington State, and the high risk it poses to our most vulnerable populations, Governor Jay Inslee signed subsequent amendatory Proclamation 20-06 on March 9, 2020, Proclamation 20-07 on March 11, 2020; and subsequent amendatory Proclamations 20-08, 20-09, 20-10, 20-11, 20-12, 12-13, 20-14, 20-15, 20-16, 20-17, 20-18, 20-19, 20-20, 20-21, 20-22, 20-23, 20-24, 20-25, 20-26, 20-27, 20-28, 20-29, 20-30, 20-31, 20-32, 20-33 and 20-34; and WHEREAS, on March 11, 2020, the World Health Organization publicly characterized COVID-19 as a pandemic; and WHEREAS, on March 12, 2020, the 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 and the public 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, the Proclamation and Order by the Mayor of the City of Yakima dated March 12, 2020 declared 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 the numbers of COVID-19 cases have increased since that time and the proclamation of a state of emergency needs to continue; and WHEREAS, the novel coronavirus (COVID-19) is occurring in Yakima County and is having an impact within the city limits of the City of Yakima, Washington; and Proclamation Extending Civil Emergency and Order- 1 4 WHEREAS, since the Mayoral Proclamation of Emergency and Order was issued on March 12, 2020 and ratified and confirmed by the City Council on March 13, 2020, there have been a number of Proclamations and Orders issued by federal, state and local authorities regarding COVID-19, and the number of COVID-19 cases has continued to increase in the United States, the State of Washington, and in Yakima County; and WHEREAS, some of the of the Orders and Proclamations that have been issued since March 12, 2020 because of the COVID-19 pandemic include but are not limited to the following: on March 23 2020, the President of the United States declared a national emergency; on March 23, 2020, State of Washington Governor Jay Inslee issued an Executive Order directing all residents immediately to heed current State public health directives to stay home, except as needed to maintain continuity of operations of essential critical infrastructure sectors and as additional sectors as the State Public Health Officer may designate as critical to protect health and well-being of all Washingtonians; and on or about March 22, 2020, the Yakima Health District Health Officer issued a Stay at Home Order for Yakima County residents; and WHEREAS, the coronavirus (COVID-19) threatens the health and safety of persons and property within Yakima; and 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 the Interim City Manager and 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 Proclamation Extending Civil Emergency and Order— 2 5 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 continue and extend a proclamation of 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 and continues to exist in the City of Yakima as a result of: An outbreak and increase of the coronavirus disease (COVID-19) in the United States and confirmed person-to-person spread of COVID-19 in Washington State, including in Yakima County. 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; and e. authorizing the City to utilize alternative methods of conducting all formal bid openings, and waiving the requirements of Yakima Municipal Code Chapter 1.80.020 for public bid openings while the declared emergency is in effect. Bid tabulations shall be made available to all bidders, or upon request, within a reasonable amount of time after bid openings. Proclamation Extending Civil Emergency and Order— 3 6 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 required for the protection of the public peace, and safety and welfare, or until the 7th day of May, 2020, when the City Council shall either modify, renew or discontinue this Proclamation and Order; whichever occurs first. DATED this 7th day of April, 2020. Patricia Byers, Mayor of the City of Yakima Proclamation Extending Civil Emergency and Order— 4 7 RESOLUTION NO. R-2020- A RESOLUTION extending the Mayor's Proclamation of Civil Emergency and Order regarding a state of emergency in the City of Yakima due to the coronavirus disease 2019 ("COVID-19"). WHEREAS, on February 29, 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 11, 2020, the World Health Organization publicly characterized COVID-19 as a pandemic; 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 of the State of Washington 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, which was ratified and confirmed by the City Council on March 13, 2020; and WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression in Washington State, and the high risk it poses to our most vulnerable populations, Governor Jay Inslee signed subsequent amendatory Proclamations since February 29, 2020; and WHEREAS, pursuant to Yakima Municipal Code 6.06.030, the City Council is required to ratify and confirm the Mayor's Proclamation of an Extension of Civil 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 an Extension of Civil Emergency and Order, and to authorize the Proclamation of an Extension 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 an Extension of Civil Emergency and Order issued on April 7, 2020. 1 8 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. 4. The Proclamation of an Extension of Civil Emergency and Order shall be in effect for thirty days after this ratification and confirmation of it until May 7, 2020, unless rescinded sooner or extended by the City Council. ADOPTED BY THE CITY COUNCIL this 7th day of April, 2020. Patricia Byers, Mayor ATTEST: Sonya Claar Tee, City Clerk 2 9 JAY INSLEE14111 Governor STATE OF WASHINGTON OFFICE OF THE GOVERNOR P.O. Box 40002•Olympia, Washington 98504-0002•(360)902-4111 •www.governor.wa.gov PROCLAMATION BY THE GOVERNOR AMENDING PROCLAMATIONS 20-05 AND 20-25 20-25.1 EXTENDING STAY HOME-STAY HEALTHY TO MAY 4, 2020 WHEREAS, on February 29, 2020, I issued Proclamation 20-05,proclaiming a State of Emergency for all counties throughout Washington state as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19 in Washington State; and WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression in Washington State, and the high risk it poses to our most vulnerable populations, I have subsequently issued amendatory Proclamations 20-06, 20-07, 20-08,20-09, 20-10, 20-11, 20-12, 20-13, 20-14, 20-15, 20-16, 20-17, 20-18, 20-19, 20-20, 20-21, 20-22, 20-23, 20-24, 20-25, 20-26, 20-27, 20-28, 20-29, 20-30, 20-31, 20-32, 20-33, 20-34, 20-35, 20-36, 20-37, 20-38, and 20-39, exercising my emergency powers under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified laws and regulations, including issuance of Proclamation 20-25, Stay Home-Stay Healthy,prohibiting all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business,within the limitations therein; and WHEREAS,the COVID-19 disease, caused by a virus that spreads easily from person to person which may result in serious illness or death and has been classified by the World Health Organization as a worldwide pandemic, has broadly spread throughout Washington State and is a significant health risk to all of our people, especially members of our most vulnerable populations; and WHEREAS, since Proclamation 20-25 was issued on March 23,the number of confirmed cases and deaths in Washington State has more than doubled, and there are currently at least 5,984 cases of COVID-19 in Washington State with 247 associated deaths; and, furthermore, models predict that many hospitals in Washington State will reach capacity or become overwhelmed with COVID-19 patients within the next few weeks unless we significantly slow its spread throughout the state; and WHEREAS,hospitalizations for COVID-like illnesses have been sharply increasing for the past month, and a large surge in the number of serious COVID-19 infections will compromise the ability of our health care system to deliver necessary health care services; and 10 WHEREAS,these conditions necessitate that to protect the health and safety of all Washingtonians, the stringent restrictions imposed on the people of Washington State in Proclamation 20-25 must be continued until May 4, 2020; and WHEREAS,the worldwide COVID-19 pandemic and its progression in Washington State continues to threaten the life and health of our people as well as the economy of Washington State, and remains a public disaster affecting life,health,property or the public peace; and WHEREAS,the Washington State Department of Health continues to maintain a Public Health Incident Management Team in coordination with the State Emergency Operations Center and other supporting state agencies to manage the public health aspects of the incident; and WHEREAS, the Washington State Military Department Emergency Management Division, through the State Emergency Operations Center, continues coordinating resources across state government to support the Department of Health and local health officials in alleviating the impacts to people,property, and infrastructure, and continues coordinating with the Department of Health in assessing the impacts and long-term effects of the incident on Washington State and its people. NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the above-noted situation, and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby proclaim and order that a State of Emergency continues to exist in all counties of Washington State,that Proclamation 20-05 and all amendments thereto remain in effect as otherwise amended, and that,to help preserve and maintain life,health,property or the pubic peace pursuant to RCW 43.06.220(1)(h), Proclamation 20-25 (Stay Home—Stay Healthy) is amended to extend all of its provisions and each expiration date therein to 11:59 PM on May 4,2020. All other provisions of Proclamation 20-25 shall remain in full force and effect. I again direct that the plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented throughout state government. State agencies and departments are directed to continue utilizing state resources and doing everything reasonably possible to support implementation of the Washington State Comprehensive Emergency Management Plan and to assist affected political subdivisions in an effort to respond to and recover from the COVID-19 pandemic. I continue to order into active state service the organized militia of Washington State to include the National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The Adjutant General to address the circumstances described above,to perform such duties as directed by competent authority of the Washington State Military Department in addressing the outbreak. Additionally, I continue to direct the Department of Health, the Washington State Military Department Emergency Management Division, and other agencies to identify and provide appropriate personnel for conducting necessary and ongoing incident related assessments. 11 All persons are again reminded that no business pass or credentialing program or requirement applies to any activities or operations under this Proclamation. Violators of this of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5). Signed and sealed with the official seal of the state of Washington on this 2nd day of April, A.D., Two Thousand and Twenty at Olympia, Washington. By: /s/ Jay Inslee, Governor BY THE GOVERNOR: /s/ Secretary of State 12 JAY INSLEE0 Governor STATE OF WASHINGTON OFFICE OF THE GOVERNOR P.O. Box 40002•Olympia, Washington 98504-0002•(360)902-4111 • www.governor.wa.gov PROCLAMATION BY THE GOVERNOR AMENDING PROCLAMATION 20-05 20-28 Open Public Meetings Act and Public Records Act WHEREAS, on February 29, 2020, I issued Proclamation 20-05,proclaiming a State of Emergency for all counties throughout Washington as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19 in Washington State; and WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression in Washington State, and the high risk it poses to our most vulnerable populations, I have subsequently issued amendatory Proclamations 20-06, 20-07, 20-08, 20-09, 20-10, 20-11, 20-12, 20-13, 20-14,20-15, 20-16, 20-17, 20-18, 20-19, 20-20, 20-21, 20-22,20-23, 20-24, 20-25, 20-26, and 20-27, exercising my emergency powers under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified laws and regulations; and WHEREAS,the COVID-19 disease, caused by a virus that spreads easily from person to person which may result in serious illness or death and has been classified by the World Health Organization as a worldwide pandemic, continues to broadly spread throughout Washington State; and WHEREAS,to curtail the spread of the COVID-19 pandemic in Washington State and to protect our most vulnerable populations, it is necessary to limit person to person contact through social distancing and limiting person to person contact; and WHEREAS,to curtail the spread of the COVID-19 pandemic in Washington State and to protect our most vulnerable populations, it is necessary to limit person to person contact through social distancing and limiting the numbers of people who may gather in one location; and WHEREAS,transparency in state government and all of its political subdivisions is an important state policy, such that all statutes related to open public meetings and public records are the business of the state; and WHEREAS,there are a plethora of electronic,telephonic and other options that make it possible for the public to attend open public meetings remotely; and 13 WHEREAS,it is necessary to immediately waive any requirement in RCW 42.56,the Public Records Act, and RCW 42.30,the Open Public Meetings Act,that provides for any activity that necessitates an in-person setting; and WHEREAS,the worldwide COVID-19 pandemic and its progression throughout Washington State continue to threaten the life and health of our people as well as the economy of Washington State, and remains a public disaster affecting life,health,property or the public peace; and WHEREAS, the Washington State Department of Health(DOH) continues to maintain a Public Health Incident Management Team in coordination with the State Emergency Operations Center and other supporting state agencies to manage the public health aspects of this ongoing incident; and WHEREAS, the Washington State Military Department Emergency Management Division, through the State Emergency Operations Center, continues coordinating resources across state government to support the DOH and local health officials in alleviating the impacts to people, property, and infrastructure, and continues coordinating with the DOH in assessing the impacts and long-term effects of the incident on Washington State and its people. NOW, THEREFORE, I, Jay Inslee, Governor of Washington, as a result of the above-noted situation, and under RCW 38.08, RCW 38.52 and RCW 43.06, do hereby proclaim that a state of emergency continues to exist in all Washington State counties,that Proclamation 20-05 and all amendments thereto remain in effect, and that Proclamation 20-05 is amended by waiving and suspending the portions of RCW 42.30 and RCW 42.56 that require in-person meetings or contact. I again direct that the plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented throughout state government. State agencies and departments are directed to continue utilizing state resources and doing everything reasonably possible to support implementation of the Washington State Comprehensive Emergency Management Plan and to assist affected political subdivisions in an effort to respond to and recover from the COVID- 19 pandemic. I continue to order into active state service the organized militia of Washington State to include the National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The Adjutant General to address the circumstances described above,to perform such duties as directed by competent authority of the Washington State Military Department in addressing the outbreak. Also, I continue to direct the DOH, the Washington State Military Department Emergency Management Division, and other agencies to identify and provide appropriate personnel for conducting necessary and ongoing incident related assessments. FURTHERMORE,based on the above situation and under the provisions of RCW 43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide, involves the conduct of state business, and to help preserve and maintain life,health,property or the public peace, I hereby amend Proclamation 20-05 to prohibit public agencies as follows: Any public agency, subject to RCW 42.30, is prohibited from conducting any meeting, subject to RCW 42.30 unless (a)the meeting is not conducted in-person and instead provides an option(s) for the public to attend the proceedings through, at minimum,telephonic access, 14 and may also include other electronic, internet or other means of remote access, and(b) provides the ability for all persons attending the meeting to hear each other at the same time. Remote meeting resources include the Department of Enterprise Services Master Contract for teleconferencing and web-based meeting platforms,which can be found here: Software Resellers(06016): hops://apps.des.wa.gov/DESContracts/Home/ContractSummary/06016 Cloud Solutions(05116): https://apps.des.wa.gov/DESContracts/Home/ContractSummary/05116 Other resources can be found online by searching for free conference call services and for other e-based meeting services. Additional guidance for remote meetings may be found on at the Municipal Research and Services Center(MSRC,www.msrc.org). FURTHERMORE,based on the above situation and under the provisions of RCW 43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide, involves the conduct of state business, and to help preserve and maintain life,health,property or the public peace, I hereby amend Proclamation 20-05 to prohibit public agencies as follows: Subject to the conditions for conducting any meeting as required above, agencies are further prohibited from taking"action,"as defined in RCW 42.30.020,unless those matters are necessary and routine matters or are matters necessary to respond to the COVID-19 outbreak and the current public health emergency,until such time as regular public participation under the Open Public Meetings Act is possible. FURTHERMORE,based on the above noted situation and under the provisions of RCW 43.06.220(2)(g), I find that strict compliance with the following portions of statutory and regulatory obligations or limitations will prevent,hinder, or delay necessary action for coping with the COVID-19 State of Emergency by bringing people in contact with one another at a time when the virus is rapidly spreading, and that the language of each statutory provision specified below is hereby waived and suspended as provided herein until midnight on April 23, 2020: • RCW 42.30.030—the following words only: • "and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter" • RCW 42.30.040—in its entirety; however, agencies are strongly encouraged to utilize a remote meeting option that complies,to the greatest extent possible,with this statute • RCW 42.30.050—as to the following word only: "room" in the first sentence • RCW 42.30.070—as to the following word only: the first usage of"site" - in the fourth sentence • RCW 42.30.075—as to the following words only: • "Notice of any change from such meeting schedule shall be published in the state register for distribution at least twenty days prior to the rescheduled meeting date." • RCW 42.30.080(2)(c)—as to the following words only: • "Prominently displayed at the main entrance of the agency's principal location and the meeting site if it is not held at the agency's principal location." 15 • RCW 42.30.090—as to the following words only: • "on or near the door of the place where the regular, adjourned regular, special,or adjourned special meeting was held." FURTHERMORE,based on the above noted situation and under the provisions of RCW 43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide involves the conduct of state business and I also find that strict compliance with the following statutory and regulatory obligations or limitations will prevent,hinder, or delay necessary action for coping with the COVID-19 State of Emergency in responding to public records requests by bringing people in contact with one another at a time when the virus is rapidly spreading, and that the language of each statutory provision specified below is hereby waived and suspended as provided herein until midnight on April 23, 2020: • RCW 42.56.080(2), as to the following words only: • "Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency." • "in person during an agency's normal office hours,or" • RCW 42.56.090, as to the first sentence only • RCW 42.56.100, as to the following word only in the first sentence: "full" • RCW 42.56.520(1), as to the following words only in the second sentence: "Within five business days of receiving a public records request," Violators of this of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5). Signed and sealed with the official seal of the state of Washington on this 24th day of March,A.D., Two Thousand and Twenty at Olympia, Washington. By: /s/ Jay Inslee, Governor BY THE GOVERNOR: /s/ Secretary of State 16 RESOLUTION NO. R-2020-025 A RESOLUTION 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 17 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 13'h day of March, 2020. /s/ Patricia Byers Patricia Byers, Mayor ATTEST: /s/ Sonya Claar Tee Sonya Claar Tee, City Clerk 2 18 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 19 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 20 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 tequired for the protection of the public peace, and safety and welfare, or until the 0.'-t, day of Proclamation of Civil Emergency and Order— 3 21 , 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. r? Patrici Byers, Mayor of thetity of Yakima Proclamation of Civil Emergency and Order—4