HomeMy WebLinkAboutAgenda Item - 2020-03-23 - Number 3.1 - Resolution 20-09 and Emergency Declaration Resolution 20-09 Page 1 of 2
RESOLUTION 20-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO RATIFYING AND
CONFIRMING A DECLARATION OF STATE OF EMERGENCY RELATING TO THE COVID-19
PANDEMIC
WHEREAS, on March 22, 2020 at 11:02 a.m., the City Manager declared a state of emergency
throughout the City of Lake Oswego related to the spread of the Novel Coronavirus COVID-19;
and
WHEREAS, the World Health Organization has declared COVID-19 to be a pandemic, and a state
of emergency based upon the pandemic has been declared by the State of Oregon and Clackamas
County; and
WHEREAS, as a result of the COVIC-19 pandemic, the City is suffering or is in imminent danger of
suffering an event that may cause injury or death to persons to the extent that extraordinary
measures must be taken to protect the public health, safety and welfare (LOC 12.20.820); and
WHEREAS, the spread of the pandemic also meets the definition of “emergency” in ORS 401.025
as it is an event that causes of threatens widespread loss of life, injury to persons, human
suffering or financial loss; and
WHEREAS, the City Council has reviewed and concurs with the City Manager’s findings supporting
the state of emergency declaration, and with the orders included in the declaration; and
WHEREAS, under LOC 12.20.820, the City Manager’s declaration will not exceed 36 hours in
duration unless the City Council ratifies and confirms the declaration; and
WHEREAS, under LOC 12.20.820, if the City Council ratifies and confirms the declaration, the
Council must declare the period for which the emergency exists, not to exceed two weeks in
duration, and which may be extended an additional two weeks upon a like action by the Council;
and
WHEREAS, the City Council finds that, to protect the public health safety and welfare, the
duration of the state of emergency must be extended;
NOW, THEREFORE, IT IS RESOLVED and declared by the City Council of the City of Lake Oswego
that:
Section 1. The City Manager’s Declaration of State of Emergency, issued March 22, 2020 at
12:00 noon, a copy of which is attached as Attachment 1, is ratified and confirmed.
Section 2. The state of emergency shall continue until 11:02 a.m. on April 5, 2020.
Section 3. Prior to the expiration of the time period declared in Section 2, the City Council
will convene and consider a further extension of the duration of the state of emergency.
Resolution 20-09 Page 2 of 2
Section 4. This Resolution shall take effect immediately upon adoption.
Considered and adopted at the special meeting of the City Council of the City of Lake Oswego on
the 23rd day of March 2020.
AYES:
NOES:
EXCUSED:
ABSTAIN:
___________________________________
Kent Studebaker, Mayor
ATTEST:
___________________________________
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
________________________________
David Powell, City Attorney
DECLARATION OF STATE OF EMERGENCY
Lake Oswego Code Article 12.20
Oregon Revised Statutes Chapter 401
The City Manager of the City of Lake Oswego finds that:
A. On Friday, February 28, 2020, Oregon announced its first presumptive case of the Novel Coronavirus
(COVID-19).
B. COVID-19 (novel coronavirus) was declared a pandemic by the World Health Organization on
March 11, 2020.
C. Coronaviruses are a group of viruses that can cause respiratory disease, with the potential to
cause serious illness or loss of life. Current indications suggest that individuals who are elderly
or have underlying health conditions are most at risk fromCOVID-19.
D. COVID-19 requires a significant amount of resources at the local level to keep the public and
community informed and as safe as possible .
. ,.
E. On March 2, 2020, the Clackamas County Board of Commissioners declared a countywide
emergency through Resolution 20-09 and extended the duration of the emergency on March
12, 2020.
F. On March 8, 2020, Governor Kate Brown declared a state of emergency due to the COVID-19
outbreak in Oregon (Executive Order No. 20-03), finding that COVID-19 has created a threat to
public health and safety, and constitutes a statewide emergency under ORS 401.025(1).
Governor Brown also issued guidance regarding group gatherings and social distancing to
minimize potential opportunities for the COVID-19 to spread (Executive Order No. 20-05 and
Executive Order No.20-07).
G. As of March 20, 2020, there were 114 confirmed cases of COVID-19 in Oregon, including 10 in
Clackamas County.
H. The COVID-19 pandemic will create significant financial and other impacts to the community of
unknown duration.
I. The City has been working closely with Clackamas County Health Department and has been
closely monitoring updated information for the state through the Oregon Health Authority
(OHA), and the Centers for Disease Control (CDC) for U.S. updates.
J. The primary focus at the City is to restrict the spread of COVID-19 and to maintain the health of
our workforce and the community so the City can continue to provide crucial City services.
K. The entire city is in a state of emergency. All local resources have, or will likely be, expended,
and there is need of assistance regarding consistent messages to the public and disease
investigation.
ATTACHMENT 1
L. Under ORS 401.309(1) the governing body of a city may declare that a state of emergency exists
within the city.
M. Under Lake Oswego Code (LOC) section 12 .20 .805 a state of emergency exists whenever the
city or any area therein is suffering or is in imminent danger of suffering an event that may
cause injury or death to persons, or damage to or the destruction of property to the extent that
extraordinary measures must be taken to protect the public health safety and welfare. The
spread of the COVID-9 pandemic as described in these findings meets this criteria.
N. The spread of the COVID -9 virus pandemic as described in these findings also meets the
definition of an "emergency" under ORS 401.025(1).
0. Under LOC 12 .20.820, a declaration of a state of emergency by the City Manager shall exist for
a period not to exceed 36 hours, and may be extended by the ratification by the City Council for
a period not to exceed two weeks, and which may be extended by an additional two weeks
upon further action by the City Council.
Based upon the above findings, I HEREBY DECLARE that a State of Emergency now exists in the City of Lake
Oswego. The area subject to this declaration and emergency controls is the entire city. This Declaration of a
State of Emergency is effective immediately and will be presented to the Lake Oswego City Council for
ratification at a special meeting to be held on March 23, 2020 .
The following is ordered by this declaration :
1. The City may restrict access to some City facilities, while seeking to preserve the continuation
of essential public services. Public information about closures, cancellations and restrictions
will be posted on the City website.
2. The City is cancelling board, commission and committee meetings, public meetings for projects
and open houses through April 28, at which time the City will review the information from the
CDC and Oregon Health Authority.
3. City Council meetings will be held electronically, and the City will provide electronic access for
members of the public and news media to Council meetings
4. The City will not send shut-off notices or shut off water for non-payment of unpaid water bills
while this emergency is in place, and may suspend enforcement of other utility billing
department rules, regulations and code provisions, in the City's discretion .
5. To respond to the COVID -19 Pandemic, the City may procure needed goods and services in
accordance with ORS 2798.080 and without compliance with normal procurement procedures,
redirect any necessary City funds for emergency purposes, and take any other actions set forth
or authorized in LOC 12.30.830.
6. The City may relax or adjust enforcement of City codes, including but not limited to parking
restrictions
7. To protect the health and safety of City employees, the City will implement emergency policies
and guidance on the use of sick leave, vacation leave, remote work, meeting protocol, social
distancing, identification of essential and non -essential staff for ongoing presence at City
facilities, and other policies that will be in effect for the duration of the emergency.
8. The City will plan for possible "Stay Home, Stay Healthy" orders that may be issued by the State
of Oregon or the U.S. Government.
9. The City will take all necessary steps authorized by law to coordinate the response and recovery
of this emergency, including but not limited to, requesting assistance from the United States
Government, the State of Oregon and Clackamas County.
10. This declaration of emergency shall terminate 36 hours after its issuance, or upon the issuance of a
declaration determining that an emergency no longer exists. The Lake Oswego City Council may
extend the declaration of emergency for additional periods of time as necessary and authorized
under LOC Article 12.20
Dated this 22nd day of March 2020; Time : //: cJZ ~
Signe ~~ Marth~/
Lake Oswego City Manager