HomeMy WebLinkAboutR-2020-040 Mayoral Proclamation of an Extension of Civil Emergency and OrderRESOLUTION NO. R-2020-040
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
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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
I. EST
Sony- Claar Te , City Clerk
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Patricia Byers, May
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
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
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
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
Patrici Byers, Mayor
of the,City of Yakima
Proclamation Extending Civil Emergency and Order — 4
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.A.
For Meeting of: April 7, 2020
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