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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3.A.
For Meeting of: June 2, 2020
ITEM TITLE: Tentative Resolution approving extension of Mayoral Proclamation
declaring emergency and order, if the Mayor issues a Proclamation
extending the civil emergency proclamation and order due to
COVID-19
SUBMITTED BY: Alex Meyerhoff, Interim City Manager
SUMMARY EXPLANATION:
On March 12, 2020, the Mayor issued a Proclamation of Civil Emergency and Order regarding a
state of emergency in the City of Yakima due to the coronavirus disease 2019 ("COVI D-19"), and
the City Council ratified the emergency proclamation at a special meeting on March 13, 2020. On
April 7 and May 5, 2020, the City Council ratified and approved Mayoral Proclamations extending
the Civil Emergency and Order, and the most recent emergency proclamation and order is in
effect through June 4, 2020. If the Mayor issues a proclamation extending the emergency
proclamation and order beyond June 4, 2020, the City Council will consider an extension of the
emergency proclamation and order until 11:59 PM on Tuesday, July 7, 2020.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Mayoral rode ation xtendin mer ency and 5/ 7/ 0 0 Pry ent tion
Order
resolution-extension of Mayoral Pr lamation and 51 71 0 0 e calution
order
Prior d t meats re Mayoral Pr la ations and 512012020ackup M t ri l
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MAYORAL PROCLAMATION OF AN EXTENSION OF CIVIL EMERGENCY
AND ORDER
Proclamation No. 2020-04
Extension of Mayoral Proclamation of Emergency and Order
City of Yakima, Washington
May 31, 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 issued Proclamation 20-05,
proclaiming a State of Emergency for all counties throughout the State of Washington as a result
of the COVID-19 outbreak in the United States and the confirmed person-to-person spread of
COVID-19 in Washington 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
through 20-53 and 20-55; 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 the City of Yakima 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 (here referred to as Proclamation No. 2020-01) 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, 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 No. 2020-04 Extending Civil Emergency and Order - 1
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WHEREAS, since the Mayoral Proclamation of Civil 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, including in the City of Yakima; 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 Proclamation 20-25 entitled
"Stay Home, Stay Healthy" 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 the Governor subsequently
has issued extensions and modifications of Proclamation 20-25 regarding COVID-19; and on
March 23, 2020,the Yakima Health District Health Officer issued a Stay at Home Order for Yakima
County residents; and
WHEREAS, on April 7, 2020, a Mayoral Proclamation of Extension of Civil Emergency
and Order was issued by the Mayor of the City of Yakima (here referred to as Proclamation
No. 2020-02), which was ratified and confirmed by the City of Yakima City Council at the City
Council regular meeting on April 7, 2020, and on May 5, 2020, the Mayoral Proclamation of
Extension of Civil Emergency and Order was issued by the Mayor of the City of Yakima (here
referred to as Proclamation No. 2020-03), which was ratified and confirmed by the City of Yakima
City Council at the City Council regular meeting on May 5, 2020, which has remained in effect;
and
WHEREAS, the COVID-19 disease continues to progress throughout the State of
Washington; and
WHEREAS, the coronavirus (COVID-19) continues to threaten 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
Proclamation No. 2020-04 Extending Civil Emergency and Order - 2
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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 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 and in the City of Yakima.
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;
Proclamation No. 2020-04 Extending Civil Emergency and Order - 3
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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.
2. 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.
3. 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.
4. 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 when the City Council shall either
modify, renew or discontinue this Proclamation and Order; or until 11:59 PM on Tuesday, July 7,
2020, whichever occurs first.
DATED this 31 st day of May, 2020.
Patricia Byers, Mayor
of the City of Yakima
Proclamation No. 2020-04 Extending Civil Emergency and Order - 4
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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
Proclamation 20-05 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
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 (here referred
to as Proclamation No. 2020-01), which was ratified and confirmed by the City Council on
March 13, 2020; and on April 7, 2020, the Mayor issued a Proclamation Extending the Civil
Emergency and Order (Proclamation No. 2020-02), which was ratified and confirmed by the City
Council on April 7, 2020; and on May 5, 2020, the Mayor issued a Proclamation Extending the
Civil Emergency and Order (Proclamation No. 2020-03), which was ratified and confirmed by the
City Council on May 5, 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 until 11:59 PM on Tuesday, July 7, 2020, unless rescinded sooner
or extended by the City Council; now, therefore,
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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 signed on May 31, 2020 (Proclamation
No. 2020-04), which extends the Proclamation of Civil Emergency and Order until
11:59 PM on Tuesday, July 7, 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 COVI D-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 after
this ratification and confirmation of it until 11:59 PM on Tuesday, July 7, 2020, unless
rescinded sooner or extended by the City Council.
ADOPTED BY THE CITY COUNCIL this 2' day of June, 2020.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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RESOLUTION NO. R-2020-050
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
Proclamation 20-05 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
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 on April 7, 2020, the Mayor
issued a Proclamation Extending the Civil Emergency and Order, which was ratified and
confirmed by the City Council on April 7, 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 through June 4, 2020, unless rescinded
sooner or extended by the City Council, now, therefore,
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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 May 5, 2020, which extends the
Proclamation of Civil Emergency and Order thirty days through June 4, 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
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 through June 4, 2020, unless rescinded
sooner or extended by the City Council
ADOPTED BY THE CITY COUNCIL this 5th day of May, 2020
Patricia Byers, ayor
ATTEST.
J AA7-Mel-
Sonya Claaru1ee, City Clear
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MAYORAL PROCLAMATION OF AN EXTENSION OF CIVIL EMERGENCY
AND ORDER
City of Yakima, Washington
May 5, 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 issued Proclamation 20-05,
proclaiming a State of Emergency for all counties throughout the State of Washington as a result
of the COVID-19 outbreak in the United States and the confirmed person-to-person spread of
COVID-19 in Washington 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
through 20-51, 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
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WHEREAS, since the Mayoral Proclamation of Civil 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, on April 7, 2020, a Mayoral Proclamation of Extension of Civil Emergency
and Order was issued by the Mayor of the City of Yakima, which was ratified and confirmed by
the City of Yakima City Council at the City Council regular meeting on April 7, 2020, which has
remained in effect; and
WHEREAS, the coronavirus (COVID-19) continues to threaten 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,
Proclamation Extending Civil Emergency and Order— 2
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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 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
Proclamation Extending Civil Emergency and Order— 3
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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
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 through the 4th day of June, 2020,
when the City Council shall either modify, renew or discontinue this Proclamation and Order;
whichever occurs first.
DATED this 5th day of May, 2020.
Patrick Byers, ayor
of the/City of Yakima
Proclamation Extending Civil Emergency and Order—4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.A.
For Meeting of: May 5, 2020
ITEM TITLE: Resolution approving extension of Mayoral Proclamation declaring
emergency and order, if the Mayor issues a Proclamation extending
the civil emergency proclamation and order due to COVI D-19 and
draft letter to Governor I nslee
SUBMITTED BY: Alex Meyerhoff, Interim City Manager
SUMMARY EXPLANATION:
On March 24, 2020, Governor I nslee issued Proclamation 20-28 amending emergency
proclamation 20-05, which temporarily suspends the Open Public Meetings Act language
requiring agencies to provide a physical location for the public to attend meetings in person.
Therefore, the public may attend Council meetings by live streaming the meeting on the City's
web page at www.yakimawa.gov under"City Council", then "Steam Meetings Live" at
https://www.yakimawa.gov/council/live-stream/or by viewing the live telecast on Y PAC, Spectrum
Cable channel 194. Comments relating to the City Council agenda can be delivered by email or
by telephone to the City of Yakima until May 5, 2020 at 5:00 p.m. Oral public comment on
agenda topics which are not public hearings continues to be suspended. There are no public
hearings on the May 5, 2020 City Council agenda.
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 proclamation at a special meeting on March 13, 2020. On April 7,
2020, the City Council ratified and approved the Mayoral Proclamation of an Extension of Civil
Emergency and Order for thirty 30 days until May 7, 2020. If the Mayor issues a proclamation
extending the emergency proclamation and order beyond May 7, 2020, the City Council will
consider an extension of the emergency proclamation and order for thirty days through June 4,
2020.
Additionally, attached is a draft letter Mayor Byers would like to discuss sending to Governor
I nslee.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
25
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
marl-A Proclarnatnn Fadrnring Dal Emergency and ,
?ii2o2n Presentation
Grier
Resolution-Mayoral Proclamation Ectnrdng Dv I
4/21/2020 Resolution
Emergency and Geier
D draft letter 1tee 5'1/2020 OrAcr Memo
D Proclarnatton 20-28-OPMA 41222020 Backup Mat coal
R-2020-040 Mayoral Proclarnatton rif Extenston
4121/2020 Backup Material
atol Emergency and Order
Mayoral Proclamation or an Extension a Ovl
41222020 Backup Mat coal
Emergency add Order
R-2C20-025 Resolution Ratifying Mayoral State or
41222020 Backup Mat coal
Emergency Proclamation
D Mayoral Proclamation of GPI Emergency and Order 4/21/2020 Backup Material
16
JAY INSt;ng
Governor
STATE OF WASMNGTON
OFFICE OF THE GOVERNOR
P.O.BOX.G.O2 n L:'t1„6p:i 'kits tt vor,96504-0t 02•(360)9024:;i ^vteim tgKtvo no:!a.Jov
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 coronavims 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
17
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 I)011 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-teem 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 12CW 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)( ),
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,
1B
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: Iapps vies.wa.go yin ESContraela-Home/COntractSUnnmary/O6016
Cloud Solutions (05116):
hltps: apes.des.wa.govDESConlractsl-Iome/ContractSummarv/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(MRSC, www.mrsc.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 RC W
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, exeept as otherwise provided in this ehapter"
• 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
• RC W 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)(e)— 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."
19
• 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 live
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:
Jay Inslee, Governor
BY TIII GOVERNOR:
isl
Secretary of State
2e.
RESOLUTION NO, R-2020-040
A RESOLUTION extending the Mayor's Proclamation of Civil Emergency and Order
regarding a slate of emergency in the City of Yakima due to the coronavirus
disease 2019 000VID-191,
WHEREAS, on February 29, 2020, the Governor of the State of Washington issued a
Proclamation declaring a stale 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 slate 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 COVIO-19 affecting residents in Yakima
County, the Proclamations arid 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 Insiee 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 Mayors 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 Mayors 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
21
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 Citys
residents during this stale 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 7'1 day of April, 2020
r �r
Pa ride Byers; May.
EST `
Sony Claar Te ' City Clerk , 1>5
2
226
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 Stale of Emergency exists in all counties in the State of Washington due to the number
of confirmed cases of COVID-19 in the slate 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 Stale, 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, or 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 andior 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
2f(
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 COVIO-19 and the number of C01/1C1-19 cases has continued to increase in the Untied
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 wellbeing of all Washingtonians, and on or about March 22 2020, the Yakima Heaith 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, safely and welfare, and
WHEREAS. the Mayor is authorized by Yakima Municipal Code ("YMC') Chapter 6.05
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, resoonse 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 G5 0300 authorize the
Ctly 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 tc
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
248
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 606 '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 conducing all formal bid
openings, and waiving the requirements of Yakima Municipal Code Chapter 1 60 020 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 lime after bid openings
Proclamation Extending Civil Emergency and Order — 3
25
2. Violation—Penally Pursuant to YMC 6 05.05D on 'Violation—Penalty; It is
unlawful for any person to fail or refuse to obey any such Order proclaimed by the Mayor er the
City CounciE 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. Subse uent 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 7if day of April, 2020
sale (7
arighz
Patric'. Byers, Mayor
of the7Lity of Yakima
Proclamation Extending Civil Emergency and Order- 4
2fic
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"I 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 slate 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 tc address the threat of the novel
coronavirus (COVID-191to 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
Stale statute; and
WHEREAS, pursuant to Yakima Municipal Code 6 05 030, 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 kne 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
241
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 131' day of March, 2020
rr
Patricia Byers, Mayor/
ATTEST
Sonya Gaaiyee, City Clerk a
vy
2
28
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 Stale Comprehensive Emergency Management Plan be implemented; and
WHEREAS, Governor Jay Inslee signed subsequent Proclamation 20-05 on March 9,
2020 and Proclamation 20-07 on March 11. 2020. and
WHEREAS, on March 11, 2020, the World Health Organization publicly characterized
COVIO-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 lake 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; end
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 ROW 35.52.070; 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
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WHEREAS, a .civil emergency exists requiring me to exercise the emergency powers.
vested in me as Mayor by Yakima Municipal Code (`YMCr):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 theemergency 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 lake 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 quatifies: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 obligationsnecessary to combat a civil emergency,
protecting the health and safely 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 noevent more than seventy-two (72) hours after the proclamation
of the respective order(s), be presented to the City Councillor 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 proclamahon'to the news
media, the Mayor shag cause any proclamation issued pursuant to YMC Chapter 6.06 'to be
delivered to all news media within the City and shall ufilize 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 slate 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 Pmclamabon 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 a nd Order—I2
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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 al 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 hne 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 at 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 untif the 'r+j3 ' day of
Proclamation of Civil Emergency and Order— 3
35
ATYQt , 2020, when the.City.Council shall either modify, renew or discontinue this
Proc amation and Order,whichever occurs first
DATED this 1.2th day of March, 2020. --
petrici Byers, Mayor ,
of theCity of Yakima
Proclamation of ChM Emergency and•Order—4