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HomeMy WebLinkAbout2029RESOLUTION NO. 2029 A RESOLUTION of the City Council of the City of Kent, Washington, ratifying all actions it took during remote meetings scheduled and held in good faith compliance with the governor's various emergency orders that suspended portions of Washington's Open Public Meetings Act during the COVID-19 pandemic. RECITALS A. In early 2020, the World Health Organization first publicly recognized the appearance of a pneumonia-like virus in Wuhan, China. This virus would be referred to as COVID-19 and would soon cause a global health emergency. B. The first confirmed case relating to COVID-l9 in the United States was announced by the state of Washington on January 2L, 2020, and one of the first known COVID-19 deaths in the United States occurred in Washington on February 26,2020. C. Until mid-March 2020, Washington had the highest number of confirmed COVID-19 cases and the highest number of cases per capita of any state in the countrY. D. Governor Jay Inslee issued a statewide stay-at-home Resolution Ratifying Council Action Taken During COVID-I9 Pandemic 1 emergency order on March 23,2020. The stay at home order was originally planned to last two weeks; however, it lasted much longer. E. The following day, March 24, 2020, Governor Inslee issued proclamation 20-28 which suspended the provisions of the Open Public Meetings Act requiring in-person meetings. A violation of the Proclamation carried the potential of criminal penalties. F. The Kent City Attorney's Office reviewed and advised the City Council and staff regarding the appropriate implementation of Proclamation 20-28 and its progeny, and in response, the City's council meetings, workshops, and meetings of the Committee of the Whole were converted to remote meetings. G. These meetings were held utilizing the Zoom meeting platform. The public was able to observe the meetings on Zoom, as well as Kent's television channel, Kent's Facebook channel, and Kent's YouTube channel. The public was permitted to actively participate in the council meetings by providing written statements, many of which were read during the council meeting by the City Clerk, and also by providing verbal statements and testimony during the meeting by utilizing the Zoom meeting platform or by calling into the meeting by telephone. H. As of July 7, 2O2L, the Centers for Disease Control has reported 596,740 deaths caused by COVID-19 in the United States. 5,960 of those deaths occurred in Washington. However, Washington has been a leader in the number of individuals vaccinated, and as a result, government agencies have been provided authority to again hold in-person meetings. L On June 30, 202L, Governor Inslee's prohibition against in- person meetings was lifted, and meetings of the council are now available for in-person public attendance and remote attendance' Resolution Ratifying Council Action Taken During COVID-I9 Pandemic 2 J. In light of the unique nature of the emergency that Washington has endured, the proclamations the governor has issued, and the steps the City has taken with regard to meetings in order to comply with the governor's orders, the City Attorney has advised that as a measure of insurance, the Council should ratify all actions it took during the pandemic at times in which the various provisions of the Open Public Meetings Act were suspended and in-person public attendance at meetings waS prohibited. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 7, - Findinqs Incorporated. The above recitals are hereby incorporated by this reference as the findings of fact in support of Section 2 of this resolution. SECTION 2. - Ratification Through the adoption of this resolution, the city council hereby ratifies all actions it took during remote meetings scheduled and held in good faith compliance with the governor's various emergency orders that suspended portions of Washington's Open Public Meetings Act and prohibited in-person attendance. 9ECTION 3. - Savings. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution' 9ECTION 4, - Corrections by city clerk or code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and Resolution Ratifying Council Action Taken During COVID-t9 Pandemic 3 section/subsection nu m beri ng. SECTION 5. - Effective Date. This resolution shall take effect immediately upon passage, DANA RALPH, MAYOR JulV 20.2O2L Date Approved ATTEST: KIMBERLEY KOMOTO, CITY CLERK Julv 2O,2O2L Date Adopted APPROVED AS TO FORM: H R*P PATRICK, CITY ATTORNEY Resolution Ratifying Council Action Taken During COVID't9 Pandemic a 4