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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