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02/12/2019 02 Ratification of Mayoral Declaraction of State of Emergency to\'4\lyy tbxk ik 1 PPP +� PPP d g. P A P p PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 2. For Meeting of: February 12, 2019 ITEM TITLE: Ratification of Mayoral declaration of state of emergency SUBMITTED BY: Jeff Cutter, City Attorney SUMMARY EXPLANATION: On February 9 2019, following declarations of emergency by the Governor of Washington and by the Yakima County Commissioners as a result of extreme winter weather and forecasts of blizzard conditions, the Mayor declared a state of emergency in the City of Yakima. The declaration was issued due to the extreme winter storm conditions that existed and were forecast to continue that were causing loss of electrical power to many City residents as well as drifting snow that was obstructing access to and from many neighborhoods. The declaration of emergency authorized the City Manager to engage contractors and expend resources as may become necessary to deal with the effects of the severe storm 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: NA STRATEGIC PRIORITY: ir APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 2 D RetkoVico-Emergency Etclaratien RalinGalinp 2;11;2019 Resolution D Maynral Proclamation of 001 Emergency 2;11;2019 Backup Matrrial 3 RESOLUTION NO. R-2019- A RESOLUTION ratifying the Mayor's declaration of a state of emergency within the City of Yakima due to severe and life-threatening weather conditions. WHEREAS, the Governor of the State of Washington declared a state of emergency due to extreme weather and life-threatening conditions as a result of a severe winter storm; and WHEREAS, the Yakima County Commissioners declared a state of emergency in Yakima County as a result of the same winter storm and forecast of blizzard conditions that could overcome the County's emergency response capabilities; and WHEREAS, as a result of the severe winter storm, blizzard potential, down power lines and loss of electrical power in large parts of the City of Yakima, with more severe weather forecast, the Mayor declared a state of emergency on February 9, 2019, attached hereto and incorporated herein, in accordance with City Ordinance and State statute in order to allow necessary contracting and expenditures as may become necessary to address the emergency conditions; and WHEREAS, in accordance with the Yakima Municipal Code the City Council is required to ratify the Mayor's declaration of state of emergency within 72 hours of the declaration being issued; and WHEREAS, the City Council has determined that it is in the best interests of the City of Yakima to ratify the Mayor's declaration and to authorize the state of emergency to continue for the next two weeks unless rescinded sooner or extended by the 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 the Mayoral declaration of emergency issued on February 9, 2019. 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 severe weather conditions and damages associated therewith. 3. This declaration of emergency shall be in effect for two weeks after the date of ratification below unless rescinded sooner or extended by the City Council. ADOPTED BY THE CITY COUNCIL this day of February, 2019. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 MAYORAL PROCLAMATION OF CIVIL EMERGENCY City of Yakima, Washington February 9, 2019 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 a blizzard warning having been issued in Yakima County that poses the threat of a severe destructive and life-threatening winter storm, establishes and orders measures to protect public health and safety and defines the entire limits of the City of Yakima as the area to which this Proclamation and Order applies; and WHEREAS, starting on or about February 8, 2019 likely to continue into February 10th, 2019 and perhaps beyond, a severe winter storm, including blizzard conditions with high winds and heavy snowfall occurred and is forecast to continue to occur, which is having a significant impact within the city limits of the City of Yakima, Washington; and WHEREAS, the Governor of the State and the County Commissioners have already declared a state of emergency statewide and Countywide as a result of the severe winter storm conditions and the County Office of Emergency Management has indicated that the severity of the weather incident may exceed the emergency response capabilities within the County ; and WHEREAS, the ongoing severe weather conditions have caused area-wide loss of electrical power, extremely difficult and hazardous driving conditions and 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 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 to respond to this emergency situation; 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 severe winter weather occurrence qualifies as a civil emergency which includes a "natural or human-caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or eruption, or other natural cause" pursuant to YMC 6.06.010(B); and WHEREAS, response to such a disaster emergency situation requires decisive action to protect the health and safety of persons and property; and Proclamation of Civil Emergency and Order for Evacuation — 1 5 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 disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster 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: A blizzard warning issued by the Yakima County Office of Emergency Management indicating a severe weather event that may exceed the emergency response capabilities within Yakima County. The Governor of the State and the County Commissioners have each issued proclamations of states of emergency due to the severe weather and the demands of emergency response to the effects of the storm. Within the City there have been significant areas that have lost electrical power and the blizzard conditions have made transportation extremely hazardous and difficult. 2. Utility management, in conjunction with state and federal agencies, is authorized to shut off/restore/operate utility services as is deemed appropriate to combat the present disaster. 3. During the civil emergency, the City Manager and City Department Heads generally have the authority to permit the use of City facilities and equipment under their control for supplying necessary food, clothing, medicines, shelter or transportation to care facilities for people in need of assistance; to reassign personnel from their ordinary duties to work deemed necessary for the emergency without regard to job classifications, and to require work beyond normal working hours; and to secure the assistance of volunteers and donations of supplies or the use of equipment in performing tasks that the City Manager and/or Department Head deems most helpful in relieving the emergency. Proclamation of Civil Emergency and Order for Evacuation —2 6 4. The City Manager is authorized to contract for necessary services, material and equipment and to incur obligations that are deemed by the City Manager to be necessary to respond to needs created by the severe weather conditions. 5. 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. 6. 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. 7. 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 health, safety and welfare and/or public peace, or until the 1.141day of $ , 20 J , when the City Council shall either modify, renew or discontinue this Proclamation an+ Order; whichever occurs first. DATED this 9th day of February, 2019. K. hy Coffey, May+ he Cityi of Yaki a Proclamation of Civil Emergency and Order for Evacuation — 3