File #: 20-1031    Version: 1
Type: ordinance Status: Passed
File created: 12/9/2020 In control: City Council
Agenda date: 12/15/2020 Final action: 12/15/2020
Title: Approval of an Ordinance Declaring a Continuing Public Health Emergency Relating to Coronavirus (COVID-19) - First and Final Reading
Attachments: 1. Ordinance

Title

Approval of an Ordinance Declaring a Continuing Public Health Emergency Relating to Coronavirus (COVID-19) - First and Final Reading

 

Recommended Action

Committee Recommendation:

Not referred to a committee.

 

City Manager Recommendation:

Move to approve the Ordinance declaring a continuing state of public health emergency relating to Coronavirus (COVID-19) and authorizing actions as are reasonable and necessary to mitigate conditions caused by such public health emergency on first and final reading.

 

Report

Issue:

Whether to approve an Ordinance declaring a continuing state of public health emergency relating to Coronavirus (COVID-19) and authorizing actions as are reasonable and necessary to mitigate conditions caused by such public health emergency.

 

Staff Contact:

Mark Barber, City Attorney, 360.753.8338

 

Presenter(s):

None - Consent Calendar Item.

 

Background and Analysis:

On January 21, 2020, the Washington State Department of Health confirmed the first case of Novel Coronavirus (COVID-19) in the United States of America in Snohomish County, Washington.

 

On January 31, 2020, the Secretary of the United States Department of Public Health and Human Services, Alex Azar, declared a public health emergency effective January 27, 2020 for the Novel Coronavirus known as COVID-19.

 

On February 29, 2020, Governor Jay Inslee signed Proclamation 20-05 declaring that 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 that the risk of person-to-person transmission throughout Washington State and the United States of America would significantly impact the life and health of people, as well as the economy of Washington State, and is a public disaster that affects life, health, property or the public peace.  The Governor directed State agencies and departments to use State resources to do everything reasonably possible to assist political subdivisions of the State in an effort to respond and recover from the outbreak.

 

On March 17, 2020, the Olympia City Council enacted Ordinance No. 7233 declaring a state of public health emergency, and that the Olympia City Council will take all actions within its powers and resources to protect the public peace, health, safety and welfare of the citizens, residents and businesses of the City of Olympia during the novel coronavirus COVID-19 pandemic to mitigate the consequences of the illness and public health emergency taking place and to maintain essential public services such as police, fire, public works and public utilities such as water and solid waste collection.

 

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, the Governor subsequently issued amendatory Proclamations 20-06 through 20-53, 20-55 through 20-67, and 20-69 through 20-70, exercising the Governor’s emergency powers under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified laws and regulations.

 

To enable public meetings to occur while maintaining the social distancing and limitations on in-person interactions necessary to curtail the spread of COVID-19, on March 24, 2020, the Governor issued Proclamation 20-28, prohibiting in-person meetings and waiving an suspending laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public Meetings Act that hindered conducting public meetings remotely. 

 

On June 16, 2020 and September 15, 2020, the Olympia City Council enacted Ordinance No. 7246 and Ordinance No. 7248, respectively, declaring a continuing state of public health emergency and authorizing actions as are reasonable and necessary to mitigate conditions caused by such public health emergency.

 

In Proclamation No. 20-28.14 issued on December 8, 2020, the Governor proclaimed that a State of Emergency continues to exist in all counties of Washington State, that Proclamation 20-05 and all amendments thereto remain in effect as otherwise amended, and that the prohibitions in Proclamations 20-28, et seq., are amended to (1) recognize the extension of the statutory waivers and suspensions of RCW 42.56 and RCW 42.30 by the leadership of the Washington State Senate and House of Representatives until11:59 p.m. on January 19, 2021, and (2) similarly extend the prohibitions therein until 11:59 p.m. on January 19, 2021.

 

On December 9, 2020, the Washington State Department of Health reported 194,788 confirmed cases and 3,102 deaths statewide, and Thurston County reported 3,675 confirmed cases of COVID-19 and 53 deaths due to COVID-19.

 

The worldwide COVID-19 pandemic and its progression in Washington State continues 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.

 

The Washington State Department of Health 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 the incident.

 

The Washington State Military Department Emergency Management Division, through the State Emergency Operations Center, continues coordinating resources across state government to support the Department of Health and local health officials in alleviating the impacts to people, property, and infrastructure, and continues coordinating with the Department of Health in assessing the impacts and long-term effects of the incident on Washington State and its people.

 

Declaring a continuing state of public health emergency provides a factual basis for the public health emergency and references statutory authority that allows the City more flexibility to act quickly in response to COVID-19. Under the Ordinance, the City may, for example, obligate funds for emergency expenditures as directed by the City Council and enter into contracts and incur obligations necessary to combat such emergency situations to protect the health and safety of persons and property.

 

The Ordinance shall take effect immediately upon adoption by a vote of a majority plus one, and the emergency will be in effect through March 15, 2021, at 11:59 p.m., at which point the City Council will review the conditions that gave rise to this public health emergency to determine if keeping it in place is warranted.

 

Neighborhood/Community Interests (if known):

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, seriously increasing the threat of serious associated health risks to the citizens, residents and businesses of Olympia.

 

Options:

1.                     Move to approve the Ordinance declaring a continuing state of public health emergency relating to coronavirus (COVID-19) and authorizing actions as are reasonable and necessary to mitigate conditions caused by such public health emergency.

2.                     Direct staff to modify the Ordinance.

3.                     Move to take no action.

 

Financial Impact:

Unknown.

 

Attachments:

Ordinance