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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3.B.
For Meeting of: June 2, 2020
ITEM TITLE: Tentative Resolution ratifying Mayoral Proclamation and Order of a
temporary moratorium due to COVI D-19 on the enforcement of
certain provisions in YMC 9.47 relating to parking violations for
unlicensed vehicles and for 24-hour parking
SUBMITTED BY: Alex Meyerhoff, Interim City Manager
SUMMARY EXPLANATION:
On March 12, 2020, the Mayor issued a Proclamation of Civil Emergency and Order
(Proclamation No. 2020-01) 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 from June 4,
2020 until 11:59 PM on Tuesday, July 7, 2020 (Proclamation No. 2020-04), the City Council will
consider ratifying another extension of the emergency proclamation and order until 11:59 PM on
Tuesday, July 7, 2020.
The COVI D-19 pandemic has resulted in reductions of business activity and many people have
been impacted by layoffs and reduced work hours nationally and locally. As a result of the City
Council regular meeting on May 19, 2020, attached for the Council's consideration is a
Resolution ratifying the Mayoral Proclamation and Order of a temporary moratorium due to
COVI D-19 on the enforcement of certain provisions in YMC 9.47 relating to parking violations for
unlicensed vehicles and for 24-hour parking (Proclamation No. 2020-05). The Proclamation and
Order lists the specific YMC provisions in which the temporary moratorium would apply. If ratified
by the Council, the temporary moratorium is effective on the day after Mayoral Proclamation No.
2020-05 was signed and continues until 11:59 PM on Tuesday, July 7, 2020 or until the
Washington Governor's Stay At Home Order relating to COVI D-19 (Governor's Proclamation
20-25 and its extensions and modifications) is no longer in effect, whichever is later.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Trust and Accountability
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APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
Description Upload Date Type
D Mayoral P'roclarnahon No 2020 05 52712020 Presentation
D Resolution-Mayoral Proclamation No 2020-05 5'272020 Resolution
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MAYORAL PROCLAMATION AMENDING PROCLAMATION OF CIVIL EMERGENCY
AND ORDER
Proclamation No. 2020-05
Parking Violations Regarding Unlicensed Vehicles and 24-Hour Parking
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
Proclamation No. 2020-05 — 1
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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
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 (Proclamation No. 2020-03) 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 May 5, 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, 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, the COVID-19 pandemic is causing a sustained global economic slowdown,
and an economic downturn throughout Washington State with unprecedented numbers of layoffs
and reduced work hours for a significant percentage of the workforce due to substantial reductions
in business activity impacting our commercial sectors that support our state's economic vitality,
including severe impacts to the large number of small businesses that make the economy of
Washington State, Yakima County and the City of Yakima thrive; and
WHEREAS, many of our workforce who have been impacted by these layoffs and
substantially reduced work hours are suffering economic hardship that disproportionately affects
low and moderate income workers resulting in lost wages that reduces their ability to pay for basic
household expenses, including groceries and rent; and
Proclamation No. 2020-05 —2
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WHEREAS, enforcement of certain parking regulations in the Yakima Municipal Code at
this time may further reduce the ability of people impacted by the economic downturn to pay for
basic household expenses, thereby increasing life, health and safety risks to a significant
percentage of our people from the COVID-19 pandemic; and
WHEREAS, a temporary moratorium on enforcement of certain parking regulations at this
time will help reduce economic hardship and related life, health, and safety risks to those
members of our workforce impacted by layoffs and substantially reduced work hours or who are
otherwise unable to pay for basic household expenses as a result of the COVID-19 pandemic;
and
WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington State
continues to threaten the life and health of the residents of the City of Yakima as well as the
economy of Washington State, and remains a public disaster affecting life, health, property or the
public peace; 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, at the City Council meeting on May 19, 2020, the City Council passed a
motion that the City implement a temporary moratorium on the enforcement of certain parking
regulations that are contained in the Yakima Municipal Code due to the impact of the COVID-19
pandemic; 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
Proclamation No. 2020-05 —3
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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 state of emergency that continues
to exist, I declare that the Mayoral Proclamation of Civil Emergency and Order dated March 12,
2020 (Proclamation No. 2020-01) and subsequent Proclamations extending that Proclamation
and Order remain in effect, and I further amend Proclamation No. 2020-01 as provided below to
address the enforcement of specified parking violations, and I continue to 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:
ordering a temporary moratorium on the enforcement by City personnel of the issuance of
infractions and/or the towing of unlicensed vehicles or for 24-hour parking under the below-quoted
Yakima Municipal Code ("YMC") provisions in YMC 9.47 relating to specific parking violations for
unlicensed vehicles and for 24-hour parking, beginning on the day after the signing of this
Emergency Proclamation and Order and continuing until 11:59 PM on Tuesday, July 7, 2020 or
until the Washington Governor's Stay At Home Order relating to COVID-19 (Proclamation 20-25
and its extensions and modifications) is no longer in effect, whichever is later.
Proclamation No. 2020-05 —4
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YMC 9.47.071 Prohibition against parking unlicensed vehicle.
No unlicensed vehicle as described in YMC 9.47.010(K) shall be permitted to
park on any public street, parking lot or parking strip in the city of Yakima.
(Ord. 2019-031 § 1 (part), 2019).
YMC 9.47.072 Towing and impound of unlicensed vehicle.
Any unlicensed vehicle parked on a public street or parking lot within the city
of Yakima shall be towed and impounded at owner's risk and expense by a
registered tow truck operator at the direction of a law enforcement officer or an
authorized designee. (Ord. 2019-031 § 1 (part), 2019).
YMC 9.47.073 Civil infraction—Violation—Unlicensed vehicle.
Failure to perform any act required, or the performance of any act prohibited,
by this chapter is designated as a civil infraction, and any person, firm or
corporation found to have committed such a civil infraction shall be assessed
a monetary penalty of fifty dollars. Each day during which a violation continues
shall be deemed a separate offense. Whenever a monetary penalty is imposed
by a court for violation of a city ordinance it shall be payable immediately.
(Ord. 2019-031 § 1 (part), 2019).
YMC 9.47.010 Definitions
J. "Unauthorized vehicle" means a vehicle, motor home as defined in
RCW 46.04.305, camper as defined in RCW 46.04.085 or trailer as defined in
RCW 46.04.620 which is parked or left standing for the indicated period of
time. There are two types of unauthorized vehicles, public and private.
(1) Public Locations.
* * * * *
b. After twenty-four hours on any one block face if on a highway not
subject to subsection (J)(1)(a) of this section.
(Ord. 2019-031 § 1 (part), 2019).
YMC 9.47.040 Unauthorized vehicle.
* * * * *
B. Public Impound After Forty-Eight Hours. Unauthorized vehicles
pursuant to YMC 9.47.010(J)(1)(b) may be impounded when the vehicle has
failed to move one block face for an additional forty-eight hours after notice is
given by a law enforcement officer pursuant to subsections (B)(1) and (2) of
this section as follows:
Proclamation No. 2020-05 —5
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(1) The law enforcement officer shall securely attach to and
conspicuously display on the vehicle a notification sticker. The chief of police
or an authorized designee shall design the sticker in compliance with
RCW 46.55.085.
(2) If the vehicle has current registration plates, the officer shall check
the records to learn the identity of the last owner of record and the officer or
the agency shall make a reasonable effort to contact the owner by telephone
in order to give the owner the information on the notification sticker.
(Ord. 2019-031 § 1 (part), 2019.
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 11:59 PM on Tuesday, July 7, 2020, or until the Washington
Governor's Stay At Home Order relating to COVID-19 (Proclamation 20-25 and its extensions
and modifications) is no longer in effect, whichever occurs later.
DATED this 31 st day of May, 2020.
Patricia Byers, Mayor
of the City of Yakima
Proclamation No. 2020-05 —6
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RESOLUTION NO. R-2020-
A RESOLUTION ratifying Mayoral Proclamation and Order of a temporary moratorium due
to COVID-19 on the enforcement of certain provisions in YMC 9.47 relating
to parking violations for unlicensed vehicles and for 24-hour parking
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,
State of Washington Governor Jay Inslee signed subsequent amendatory Proclamations since
February 29, 2020, including on March 23, 2020, 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
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, including in Yakima County and the City of Yakima; and
WHEREAS, the COVID-19 pandemic is causing a sustained global economic slowdown,
and an economic downturn throughout Washington State with unprecedented numbers of layoffs
and reduced work hours for a significant percentage of the workforce due to substantial reductions
in business activity impacting our commercial sectors that support our state's economic vitality,
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including severe impacts to the large number of small businesses that make the economy of
Washington State, Yakima County and the City of Yakima thrive; and
WHEREAS, many of our workforce who have been impacted by these layoffs and
substantially reduced work hours are suffering economic hardship that disproportionately affects
low and moderate income workers resulting in lost wages that reduces their ability to pay for basic
household expenses, including groceries and rent; and
WHEREAS, enforcement of certain parking regulations in the Yakima Municipal Code
regarding unlicensed vehicles and on 24-hour parking at this time may further reduce the ability
of people impacted by the economic downturn to pay for basic household expenses, thereby
increasing life, health and safety risks to a significant percentage of our people from the COVID-
19 pandemic; and
WHEREAS, pursuant to Yakima Municipal Code 6.06.030, the City Council is required to
ratify and confirm a Mayoral Proclamation of an Emergency Proclamation 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 Mayoral Proclamation Amending Proclamation of Civil
Emergency and Order (Proclamation No. 2020-05) which orders a temporary moratorium on the
enforcement of specified Yakima Municipal Code parking violations regarding unlicensed vehicles
and 24-hour parking; 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
Amending Proclamation of Civil Emergency and Order (Mayoral Proclamation
No. 2020-05), which orders a temporary moratorium on the enforcement by City
personnel of the issuance of infractions and/or the towing of unlicensed vehicles and
for 24-hour parking under the Yakima Municipal Code ("YMC") provisions in YMC 9.47
which are listed specifically in Mayoral Proclamation No. 2020-05.
2. Mayoral Proclamation No. 2020-05 regarding a temporary moratorium on the
enforcement of specified parking violations regarding unlicensed vehicles and 24-hour
parking is effective on the day after the signing of Mayoral Proclamation No. 2020-05
and continues until 11:59 PM on Tuesday, July 7, 2020 or until the Washington
Governor's Stay At Home Order relating to COVID-19 (Governor's Proclamation 20-25
and its extensions and modifications) is no longer in effect, whichever is later.
ADOPTED BY THE CITY COUNCIL this 2' day of June, 2020.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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