HomeMy WebLinkAboutRes2020-025 Sponsored by: Meszaros
CITY OF SEWARD,ALASKA
RESOLUTION 2020-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, RATIFYING TEMPORARY EMERGENCY
OPERATION RULES AND PROCEDURES IMPLEMENTED BY THE
CITY MANAGER IN RESPONSE TO THE PUBLIC HEALTH
EMERGENCY CAUSED BY COVID-I9
WHEREAS, on March 11, 2020, Governor Dunleavy declared a statewide public health
disaster emergency; and
WHEREAS, the Governor's declaration activated Seward's Emergency Operation Plan
under AS 26.23.020(e) and Seward City Code 9.10.025; and
WHEREAS, SCC 9.10.025 empowers the City Manager to serve as the Director of Civil
Defense and Disaster; and
WHEREAS, it is in the City's best interest for the City Manager to have the authority
needed to adopt policies and procedures to protect the public's health, welfare, and safety as the
City responds to the global public health emergency posed by Coronavirus Disease 2019
(COVID-19) so long as the rules comply with the federal, state, and local laws that govern
during a state of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Manager, in his role as Director of Civil Defense and Disaster, has
authority to and shall adopt "Emergency Rules Regarding COVID-19 Containment" that comply
with and promote the recommendations of the State of Alaska and the CDC. These rules shall go
into effect immediately, but will only be effective without Council approval for ninety (90) days.
Council may repeal any Emergency Rule Regarding COVID-19 Containment via resolution.
Section 2. The Emergency Rules Regarding COVID-19 Containment shall be posted on
the City website. The City Clerk shall provide City Council members notice of new rule postings
no more than five days after the rules are implemented.
Section 3.This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
23`s day of March, 2020.
I
CITY OF SEWARD, ALASKA
RESOLUTION 2020-025
THE CITY OF SEWARD, ALASKA
) 7 —7 )---- _
hristy Terry, Mayor
AYES: Seese, Baclaan, Butts, McClure, Crites, Osenga, Terry
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Brenda J. Halloo; MMC
City Clerk
•
OFS@I
.(City Segt� yo4V..P,° . /AO' • SEAL f • =
:., ?�----
.`",...OF AFP,'...'
J
CITY OF SEWARD TEMPORARY OPERATION RULES AND PROCURES
REGARDING THE COVID-19 PUBLIC HEALTH EMERGENCY
City Manager Scott Meszaros, in his capacity as the Director of Civil Defense and
Disaster, hereby institutes the following temporary emergency rules and procedures in
response to the COVID-19 public health emergency. These rules and procedures shall
be effective until April 24, 2020 and are necessary to protect the public health, welfare,
and safety within the boundaries of the City of Seward. These rules and procedures
may be identified as the "Emergency COVID-19 Rules" for ease of reference. These
rules shall be posted on the City website and the City Clerk shall provide City Council
members notice of these rules within five days of their adoption. City Council may
repeal these rules in whole or in part via resolution.
Rule 1. Electronic City Council Meetings. Any regular or special meetings of
the City Council should be conducted via electronic means, including audio or video
conference, unless the Mayor determines that a meeting must be conducted at City Hall
and that doing so does not pose a risk to the public health, safety, and welfare. The City
Clerk shall post telephone number(s) to call into telephonic or video conference
meetings on the City of Seward website and on the written agenda for all regularly
scheduled and special meetings. Council shall ensure that reasonable
accommodations are made to afford the public a right to be heard telephonically.
Telephonic participation by the public is not ideal but is reasonable when weighed
against the substantial risk to public health, welfare, and safety posed by group
gatherings during the COVID-19 outbreak. In the event the Mayor determines an in-
person meeting is necessary and does not pose a risk to public health, welfare, and
safety, no more than five members of the public shall enter the same space to make
comments at one time. The public may also submit written public comments for all
telephonic or video conference Council meetings. The public written comments shall be
read into the record during the public comment period at all Council meetings held
electronically, except Council work sessions. If written public comments exceed three
minutes, the first three minutes of the written comment shall be read during the meeting.
Written comments must include the name of the contributor in order to be read publicly
during telephonic or video conference meetings. Current time limits placed on public
comments and testimony shall apply to telephonic and written public comments
submitted under this rule. The City must continue to comply with meeting attendance
and scheduling requirements under the Seward City Charter Section 3.2.
Rule 2. Council Meeting Notice and packet materials. The City Clerk shall
provide the public and media notice that is reasonable under the circumstances for all
emergency special meetings held by Council. All special meetings and agenda items
shall be posted on the City website no less than six hours before a special meeting.
Failure to post the meeting materials shall not invalidate the actions taken by Council
during an emergency meeting if Council states the reason for the failure to post
adequate notice or provide materials and clearly finds that the notice and material
Temp. COVID-19 Rules and Procedures-3/18/20
Page 1 of 3
access provided during the meeting was sufficient and reasonable in light of the
emergency circumstances underlying the meeting.
Rule 3. Meetings of Boards and Commissions. The City Manager may
cancel meetings of any board or commission if he finds that cancellation is necessary to
protect public health, safety, and welfare. Any such cancellation shall automatically
extend such deadlines for required actions by such board or commission as is specified
in the cancellation notice. All board and commission meetings may be held
electronically in the same manner proscribed for Council meetings in Rule 1.
Rule 4. Suspension of all Non-essential meetings and agenda items. All
non-essential government meetings shall be postponed until no earlier than April 24,
2020. Non-essential action items shall also be postponed until no earlier than April 24,
2020 unless doing so would pose substantial financial harm on the City or another
party. Any person objecting to the postponement of an action item may notify the City
Manager in writing regarding his or her objection. The City Manager shall review any
written objections received and shall determine if the objection warrants consideration of
an action item by Council or the appropriate commission or board before April 24, 2020.
The City Manager shall notify the Mayor of all written objections received and his
determination. Upon receipt of a written objection, the Mayor may override the City
Manager's decision to postpone an action item.
Rule 5. Licensed or Permitted Activities. The City Manager may suspend
licenses or permits for special events or any other licenses or permits issued by the City
which in the judgment of the City Manager could impact the public health or well-being
of residents or visitors to the community.
Rule 6. Purchases. The City Manager may authorize any purchase for which
funds are available reasonably related to the emergency. Such purchases may be
made without following each formal requirement of Title 6 of the Seward City Code.
Rule 7. Personnel Policies. The City Manager may adjust any personnel
policies related to leave time, other benefits or terms and conditions of employment as
are reasonably related to providing sufficient staffing during the term of the emergency
while protecting City employees and the community from COVID-19.
Rule 6. Bargaining Units. The City Manager is hereby authorized to enter into
such temporary agreements, including memoranda of understanding with the City's
bargaining units in order to promote the provision of City services and the health and
safety of the public and employees during the emergency.
Rule 9. City Facilities. The City Manager may close City facilities or limit hours
of operation as is reasonably required to protect the health of the public and employees
of the City.
J
Temp. Emergency COVID-19 Rules and Procedures- 3/19/20
Page 2 of 3
Rule 10. Public Access to City Facilities. City offices and facilities are closed
to the public until April 24, 2020 except as specified in this rule. The Harbormaster
office and the Police Department dispatch window remain open to the public for service.
City services and departments remain accessible to the public via telephone and email.
Individuals may request appointments for in-person meetings with City staff, which will
be accommodated if doing so will not jeopardize the health or safety of the community
of Seward or its members.
Rule 11. Private Facilities. The City Manager may require businesses and
commercial enterprises operating within the City to close or limit operations if necessary
to protect public health, welfare, and safety. The City Manager may only order such
closures or impose limitations on private businesses and commercial enterprises when
the State of Alaska formally recommends that such action be taken. Any action by the
City Manager under this rule must be narrowly tailored to meet State of Alaska
recommendations.
Rule 12. Amounts Due and Owing. The City Manager, upon the
recommendation of the Finance Director, is hereby authorized to extend deadlines for
payment related to any amounts due and owing to the City.
Rule 13. Duration. These rules are adopted and immediately effective by
Emergency Order March 19, 2020. These rules are effective up to the date specified
within the rule. If no date is specified within the rule, the rule is effective for 90 days from
the date of enactment. Council may repeal any or all of these rules by resolution. No
rule shall remain in effect for longer than is necessary to protect the public health,
safety, and welfare from the emergency public health crisis caused by COVID-19.
J
Temp. Emergency COVID-19 Rules and Procedures- 3/19/20
Page 3 of 3
of T Department of
THE STATE Health and Social Services
01ALASKA OFFICE OF THE COMMISSIONER
Anchorage
-= � GOVERNOR MIKE DUNLEAVY 3601 C Street,Suite 902
Anchorage,Alaska 99503-5923
�F wLwS�� Main: 907.269.7800
Fax:
907.269.0060
Juneau
350 Main Street,Suite 404
Juneau,Alaska 99801-1149
Main: 907.465.3030
Fax: 907.465.3068
COVID-19 DISASTER CERTIFICATION MEMORANDUM
TO: The Honorable Michael J. Dunleavy
Governor
THRU: Ben Stevens
Chief of Staff
FROM: Adam Crum
Commissioner
DATE: March 11, 2020
SUBJECT: 2020 COVID-19 Novel Coronavirus Disaster Certification
A novel (new) coronavirus, SARS-CoV-2, has been identified and infecting humans since December
2019, causing an infection known as COVID-19.The infection is highly contagious, due to
community(person-to-person) spread and an exponential infection rate.
• On January 30, 2020 the World Health Organization declared that the outbreak of
COVID-19 was a Public Health Emergency of International Concern.
• On January 31, 2020 the United States Department of Health and Human Services
Secretary Alex Azar declared a public health emergency for COVID-19, with retroactive
effect to January 27, 2020.
• To date, over 100,000 cases of COVID-19 have been confirmed worldwide, and over 600
cases in the United States.
Because COVID-19 is a new disease in humans, no one has an existing immunity to this virus. It
appears likely that transmission can occur before the onset of symptoms. As such, some people who
are infected could inadvertently transmit the virus to others. COVID-19 can cause severe disease,
including pneumonia and death. Older individuals and people with serious underlying health
77
2020 COVID-19 Disaster Certification Memo
Page 2 of 2
conditions (e.g., lung disease, heart disease, or diabetes) or immune disorders are at increased risk for
severe illness. There have been no confirmed cases of infection with the novel coronavirus in Alaska.
For these reasons, under Alaska Statute 26.23.900(2)(E), I certify that an outbreak of COVID-19 has
a high probability of occurring in the near future. I further certify that a disaster exists in the form of
the imminent threat of widespread injury and loss of life due to illness and fatalities caused by COVID-
19.
Adam Crum
Commissioner, Department of Health and Social Services
78
rr
STATE CAPITOL `r" "
�� ��...',. 550 West Seventh Avenue,Suite 1700
P.O. Box 110001 ' ' _.�. Anchorage,AK 99501
uneau AK 99811-0001 _ _
1907 269 7450
907-465-3500
Governor Michael J. Dunleavy
STATE OF ALASKA
ADMINISTRATIVE ORDER NO. 315
I, Mike Dunleavy, Governor of the State of Alaska, under the authority of Article 111, Sections 1
and 24, Constitution of the State of Alaska, find and direct the following:
BACKGROUND
Recently, the United States Centers for Disease Control (CDC) has determined that COVID-19,
a respiratory disease that can result in serious illness or death and that is a new strain of
coronavirus not previously identified in humans, poses a significant public health risk.
Further, the CDC has classified the public health threat posed by COVID-19 as "high", both
globally and in the United States, and has advised that COVID-19 will continue to occur globally
and in the United States.
Accordingly, the United States Department of Health and Human Services Secretary Alex Azar
declared a public health emergency for COVID-19 on January 31, 2020, retroactively applicable
to January 27, 2020.
Currently, we are not aware of any diagnosed cases of COVID-19 in Alaska, but in anticipation
of possible cases, and in order to ensure that Alaska's public is educated about the public health
risk, I issue this Order.
ORDER
I direct the Department of Health and Social Services to establish, coordinate, and manage an
information management structure to monitor COVID-19 developments, provide public health
information, make recommendations for further responses, and implement actions to address the
COVID-19 outbreak. Further, I direct the Department of Health and Social Services to consider
its current statutory authority should it be necessary to implement public health measures under
AS 18.15.355 — 18.15.385, and direct that it shall do so, as necessary,to address public health
and safety.
This Order is to alert all departments, agencies, officials, and state entities to the seriousness of
COVID-19, and of the need to stay informed and comply with official state, national, and global
health directives.
79
Administrative Order No. 315
COVID-19 Directive
Page 2 of 2
All state departments, officials, and public corporations are to treat requests from the Department
of Health and Social Services and the Chief Medical Officer, related to preparation and
responses to the COVID-19 outbreak, as of the highest priority. All State departments, officials,
and public corporations are further directed to use available resources and take actions
reasonably necessary to implement steps recommended by the Department of Health and Social
Services to address COVID-19.
The Department of Military and Veterans' Affairs is instructed to consider possible
recommendations to the Governor, in consultation with the Department of Health and Social
Services, regarding potential further action to protect public health and safety.
This Order takes effect immediately.
DATED at Juneau, Alaska on this day of March 2020.
Mike bunl y
Governor
80
AS 26.23.020. The Governor and Disaster
Emergencies.
(a) The governor is responsible for meeting the dangers presented by disasters to the state and
its people.
(b) The governor may issue orders, proclamations, and regulations necessary to carry out the
purposes of this chapter, and amend or rescind them. These orders, proclamations, and
regulations have the force of law.
(c) If the governor finds that a disaster has occurred or that a disaster is imminent or
threatened, the governor shall, by proclamation, declare a condition of disaster emergency. The
disaster emergency remains in effect until the governor finds that the danger has passed or the
disaster has been dealt with so that the emergency no longer exists. The governor may
terminate the disaster emergency by proclamation. A proclamation of disaster emergency may
not remain in effect longer than 30 days unless extended by the legislature by a concurrent
resolution. The proclamation must indicate the nature of the disaster, the area threatened or
affected, and the conditions that have brought it about or that make possible the termination of
the disaster emergency. A proclamation to declare a condition of disaster emergency must also
state whether the governor proposes to expend state funds to respond to the disaster under (i)
or (j) of this section.
(d) An order or proclamation issued under AS 26.23.010 - 26.23.220 shall be disseminated
promptly by means calculated to bring its contents to the attention of the general public and,
unless prevented or impeded by circumstances attendant upon the disaster, promptly filed with
the Alaska division of homeland security and emergency management, the lieutenant governor,
and the municipal clerk in the area to which it applies.
(e) A proclamation of a disaster emergency activates the disaster response and recovery aspects
of the state, local, and interjurisdictional disaster emergency plans applicable to the political
subdivisions or areas in question, and constitutes authority for the deployment and use of any
force to which the plan or plans apply and for use or distribution of any supplies, equipment,
materials, and facilities assembled, stockpiled, or arranged to be made available under AS
26.23.010 - 26.23.220 or any other provision of law relating to disaster emergency response.
(f) During the effective period of a disaster emergency, the governor is commander in chief of
the organized and unorganized militia and of all other forces available for emergency duty. The
governor may delegate or assign command authority by appropriate orders or regulations.
(g) In addition to any other powers conferred upon the governor by law, the governor may,
under AS 26.23.010 - 26.23.220,
(1) suspend the provisions of any regulatory statute prescribing procedures for the
conduct of state business, or the orders or regulations of any state agency, if compliance
with the provisions of the statute, order, or regulation would prevent, or substantially
impede or delay, action necessary to cope with the disaster emergency;
(2) use all available resources of the state government and of each political subdivision
of the state as reasonably necessary to cope with the disaster emergency;
(3) transfer personnel or alter the functions of state departments and agencies or units
of them for the purpose of performing or facilitating the performance of disaster
emergency services;
(4) subject to any applicable requirements for compensation under AS 26.23.1601
commandeer or utilize any private property, except for all news media other than as
specifically provided for in AS 26.23.010 - 26.23.220, if the governor considers this
necessary to cope with the disaster emergency;
(5) direct and compel the relocation of all or part of the population from any stricken or
threatened area in the state if the governor considers relocation necessary for the
preservation of life or for other disaster mitigation purpose;
(6) prescribe routes, modes of transportation, and destinations in connection with
necessary relocation;
81
(7) control ingress to and egress from a disaster area, the movement of persons within
the area, and the occupancy of premises in it;
(8) suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
explosives, and combustibles;
(9) make provisions for the availability and use of temporary emergency housing;
(10) allocate or redistribute food, water, fuel, clothing, medicine, or supplies; and
(11) use money from the oil and hazardous substance release response account in the
oil and hazardous substance release prevention and response fund, established by AS
46.08.010 , to respond to a declared disaster emergency related to an oil or hazardous
substance discharge.
(h) The governor may expend during a fiscal year not more than $500,000 of state funds per
incident to prevent, minimize, or respond to the effects of an incident that may occur or occurs in
the state and that, in the determination of the governor, poses a direct and imminent threat of
sufficient magnitude and severity to justify state action. Before expending funds under this
subsection to respond to an incident, the governor shall provide a financing plan to cope with the
incident to the legislature in the same manner prescribed for disaster emergencies under AS
26.23.025 (a).
(i) If the governor declares a condition of disaster emergency, the governor may expend during
a fiscal year not more than $1,000,000 of state funds per disaster declaration, including the
assets of the disaster relief fund, to
(1) save lives, protect property and public health and safety, or lessen or avert the
threat of the disaster that poses a direct and imminent threat of sufficient severity and
magnitude to justify state action;
(2) implement provisions of law relating to disaster relief to cope with the disaster;
(3) alleviate the effects of the disaster by making grants or loans to persons or political
subdivisions on terms the governor considers appropriate or by other means the
governor considers appropriate.
(j) If the disaster described in the governor's proclamation to declare a condition of disaster
emergency is a fire, the governor may expend state funds as necessary to save lives or protect
property and public health and safety.
(k) The governor may expend more than $500,000 of state funds to cope with an incident under
(h) of this section or more than $1,000,000 of state funds to cope with a disaster under (i) of
this section under the following circumstances:
(1) if the legislature is in session, the legislature approves a financing plan to cope with
the incident or disaster that identifies the amount in excess of the expenditure limits that
is to be expended from state funds; or
(2) if the legislature is not in session, either
(A) the governor convenes a special session of the legislature within five days
after declaring the condition of disaster emergency or within five days after
providing a financing plan to cope with an incident to the legislature and the
legislature convenes in special session and approves a financing plan to cope with
the incident or disaster that identifies the amount in excess of the expenditure
limits that is to be expended from state funds; or
(B) the presiding officers of both the house of representatives and the senate
agree that a special session should not be convened and so advise the governor in
writing.
82
SCC 9.10.025 - Director powers in event of disaster or state of extreme emergency.
In the event of the proclamation of disaster or local emergency, as provided in this
chapter, or the proclamation of a state of disaster or a state of extreme emergency by
the governor or the director of the state disaster office, the director is hereby
empowered:
(1) To make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such disaster or emergency;
provided, that such rules and regulations must be confirmed at the earliest
practicable time by the city council;
(2) To obtain vital supplies and equipment and such other properties found
lacking and needed for the protection of the life and property of the people, and
bind the city for the fair value thereof; and if required, immediately to
commandeer the same for the public use;
(3) To require emergency services of any city officer or employee, and in the
event of a proclamation of a state of disaster or state of extreme emergency by
the governor in the region in which the city is located, to command the aid of as
many citizens of this community as he thinks necessary in the execution of his
duties. Such persons shall be entitled to all privileges, benefits and immunities
as are provided for regular city employees;
(4) To requisition necessary personnel, and material, of any city department or
agency;
(5) In the event the city manager is appointed civil defense director, he is to
execute all of his ordinary powers as city manager, and all of the special powers
conferred upon him by this chapter, or by resolution adopted pursuant thereto,
and all powers conferred upon him by any statute, or agreement, approved by
the city council, or by any other lawful authority, and to exercise complete
authority over the city and to exercise all power vested in the city by the
constitution and the general laws of the city charter.
(Ord. 349, § 5.103, 1966)
83