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HomeMy WebLinkAboutR-2024-022 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 extreme cold temperatures and wind chill RESOLUTION NO. R-2024-022 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 extreme cold temperatures and wind chill. WHEREAS, on between January 12 and January 15, 2024, the temperatures in the City of Yakima dropped to between single digits with windchills reaching -11°F according to the National Weather Service information at Yakima Air Terminal-McAllister Field; and WHEREAS, the extremely cold weather conditions threatened the health and safety of all Yakima residents who did not have adequate heat sources or who might be unhoused; and WHEREAS, the cold weather shelters already established for the extreme weather were at or near capacity and needed time to assemble additional space and shelter for those needing it during the winter weather; and WHEREAS, as a result of the weather and the need for additional warming shelter space, especially space for overnight guests, while the other shelters obtained the necessary supplies to increase capacity, and to provide for the best opportunity for the City of Yakima to address the immediate threat to life, health and safety caused by the extremely cold weather, the Mayor issued a Proclamation of Civil Emergency and Order on January 13, 2024, attached hereto and incorporated herein, in accordance with City Ordinance and State statute; 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; 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 January 13, 2024. 2. The Proclamation of Civil Emergency and Order are hereby expired effective immediately due to the increased capacity at the Union Gospel Mission and Camp Hope. 3. The City Council wishes to thank everyone who helped with the efforts to open St. Michael's church to help shelter those in need while Camp Hope and Union Gospel Mission increased their respective capacities, and also thanks Camp Hope, Union Gospel Mission and all other entities and people providing shelter, supplies, food, and hope to those in need during these extremely cold temperatures. ADOPTED BY THE CITY COUNCIL this 16th day of January, 2024. Cz 't7 � P tricia Byers, M fyor /� YAKI/i`‘1I,, ATTEST: Il , ; SEAL , , lo) 4 tt, � Psi osalinda Ibarra, City Clerk I�%%�� j�= MAYORAL PROCLAMATION ©���I � Al- City OF CIVIL EMERGENCY of Yakima 1�,/� � January 13, 2024 � �1 Proclamation No. 2024-01 WHEREAS, on January 12, 2024, the temperatures in the City of Yakima dropped to 5°F with wind chills down to -10°F according to the National Weather Service information at Yakima Air Terminal-McAllister Field; and WHEREAS, the temperature dipped to 3°F with wind chills down to -11°F on January 13, 2024, during the day according to the National Weather Service information at Yakima Air Terminal-McAllister Field; and WHEREAS, the weather forecast for includes highs on Sunday, January 14, 2024 of 13°F to 15°F, with lows on Sunday night between 1°F and 4°F, and similar highs and lows for Monday, January 15; and WHEREAS, these conditions threaten the health and safety of all Yakima residents who may not have adequate heat sources or who may be unhoused; and WHEREAS, as a result of the cold weather and wind chill levels, I find it necessary to declare a state of civil emergency to avoid the imminent risk of death or significant injury to people as a result of these temperatures and wind chill levels; 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 City Manager 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, health and welfare; and WHEREAS, the Mayor is authorized by YMC Chapter 6.06 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 situations includes the entire City of Yakima city limits; and WHEREAS, the extreme cold temperatures and wind chill levels qualify as a civil emergency and requires decisive action to protect the health and safety of persons without heat or who are unhoused to avoid death or significant physical injury; and WHEREAS, RCW 38.52.070(2) on emergency powers and YMC 6.06.030(D) 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 appropriate; 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 f6.06.030, 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 declare and proclaim a state of emergency for the City of Yakima, to establish measures to protect public health and safety, and to define the geographical area within the City limits to which this Proclamation and Order applies; now, therefore, IT IS HEREBY PROCLAIMED AND ORDERED: 1. Determination of Emergency. A state of emergency currently exists and continues to exist in the City of Yakima as a result of the extremely low temperatures and wind chills associated with the current weather in the City of Yakima. As a result of this extremely cold weather, 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 residents of the City, to include, but not be limited to: a. allowing places of worship or community centers to operate as extreme winter weather shelters for those residents in need of a warm place to reside during this weather without obtaining the permit required in YMC 6.92; and b. 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 appropriate and to otherwise suspend the 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 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 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 YM 6.06.030 and subject to the approval of the City Council within seventy-two hours of their issuance. 4. Circulation. 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 6.0-6.030 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, safety, health and welfare, or until Tuesday, January 16, 2024, when the City Council shall either modify, renew, or discontinue this Proclamation and Order, whichever occurs first. DATED this 13th day of January, 2024 - F.7 iti6 1 ,0, ps Patricia Byers, Mayor City of Yakima