ANCHORAGE, ALASKA - Municipality of Anchorage

Submitted by: Chair of the Assembly at the
     Municipal Clerk's Office
                                                                       Request of the Acting Mayor
           Approved
                                                         Prepared by: Department of Law
     Date: January 12, 2021
                                                         For reading:  January 12, 2021

                                    ANCHORAGE, ALASKA
                                       AR No. 2021-10

 1    A RESOLUTION OF THE ANCHORAGE ASSEMBLY FOR A SEVENTH EXTENSION
 2    OF THE DECLARATION OF CIVIL EMERGENCY (COVID-19) ISSUED BY THE
 3    MAYOR OF THE MUNICIPALITY OF ANCHORAGE ON MARCH 12, 2020.
 4
 5    WHEREAS, a novel coronavirus or COVID-19, a respiratory disease that can result in
 6    serious illness or death, is caused by the SARS-CoV-2 virus, which is a new strain of
 7    coronavirus that had not been previously identified in humans and can easily spread
 8    from person to person; and
 9
10    WHEREAS, pursuant to the Proclamation of Emergency (COVID-19), on March 12,
11    2020, the Mayor made the following provisions:
12
13           THE FOLLOWING EMERGENCY REGULATIONS TO BE EFFECTIVE
14           IMMEDIATELY TO PRESERVE PUBLIC SAFETY AND WELFARE
15           WITHIN AND ADJACENT TO THE MUNICIPALITY. THE FOLLOWING
16           EMERGENCY REGULATIONS HAVE THE POWER OF LAW, SHALL
17           REMAIN IN EFFECT FOR THE DURATION OF THIS EMERGENCY,
18           AND SHALL SUPERSEDE ALL CONFLICTING LAWS DURING THE
19           EXISTENCE OF THIS EMERGENCY.
20
21        1. The Municipality is authorized to request assistance from the State of
22           Alaska for fire protection, law enforcement, and the provision of any
23           other funds, services, functions, supplies or materials determined by the
24           Mayor, in consultation with the Office of Emergency Management, to be
25           necessary to meet public safety and welfare needs arising from or
26           incidental to COVID-19 and to recover from the damages caused.
27
28        2. The Mayor may implement any orders necessary to prevent the
29           transmission of infectious disease and to ensure that all cases of
30           contagious disease are subject to proper control and treatment.
31
32        3. The requirements of Chapters 7.15 and 7.20 of the Anchorage Municipal
33           Code (AMC) are hereby suspended for the duration of this emergency,
34           except for the requirements set forth in AMC 7.20.090, for the acquisition
35           of supplies, equipment, services, personnel, fuel or food as may be
36           necessary to implement the Comprehensive Emergency Operations
37           Plan or otherwise to preserve and protect the public safety, health and
38           welfare from COVID-19 and from the effects thereof.
39
40        4. All resources of the municipal government, including municipal
41           personnel, are hereby available as necessary to cope with this
42           emergency. Municipal departments, agencies, or personnel may be
43           transferred or altered in function for the purpose of performing or
44           facilitating performance services responsive to this emergency.;

AR Seventh Extension of Emergency Declaration                                Page 2 of 3

 1   and
 2
 3   WHEREAS, the Assembly has extended the Declaration of Emergency six times, most
 4   recently on November 17, 2020 (AR No. 2020-398(S), As Amended) until January 15
 5   at eleven fifty-nine (11:59) p.m.; and
 6
 7   WHEREAS, as of January 5, 2021, the United States has experienced almost 21 million
 8   confirmed cases of COVID-19 and over 350,000 deaths from the virus; and
 9
10   WHEREAS, as of January 5, 2021, the State of Alaska has experienced 47,006 total
11   confirmed cases of COVID-19, 1,554 of those among visitors, and the virus is
12   responsible for the deaths of 217 Alaskans; and
13
14   WHEREAS, as of January 5, 2021, the Municipality of Anchorage has experienced
15   23,193 confirmed cases and 126 deaths among residents; and
16
17   WHEREAS, the virus is still present and spreading in Anchorage, with a recent 14-day
18   rolling average of new cases of 36.83 per 100,000 population, which is well above the
19   10 per 100,000 threshold for being in the “high alert” zone under State guidelines; and
20
21   WHEREAS, the recent surge in COVID-19 cases resulted in Anchorage coming
22   perilously close to overwhelming the hospital system, with multiple days where
23   Anchorage had only one or two staffed ICU beds available in the Municipality; and
24
25   WHEREAS, lifting our emergency response would result in larger loss of life; and
26
27   WHEREAS, extending our emergency response allows the Municipality to respond
28   nimbly to an ever-changing public health emergency with emergency orders, which
29   have proven effective at limiting the spread of COVID-19 cases; and
30
31   WHEREAS, vaccine distribution is underway in Anchorage and emergency powers that
32   ease Anchorage’s contracting requirements and allow reassignment of staff are critical
33   to Anchorage’s efforts to distribute the vaccine efficiently and equitably; and
34
35   WHEREAS, although a vaccine has been found and is currently available on a limited
36   basis, most Anchorage residents remain unvaccinated and thus Anchorage remains
37   susceptible to surges in infection that could overwhelm the hospital system if not swiftly
38   contained; and
39
40   WHEREAS, limiting the spread of COVID-19 is especially important at this time as the
41   Anchorage School District is scheduled to resume in-person instruction January 19; and
42
43   WHEREAS, the full potential extent and long-term effects of COVID-19 cannot yet be
44   known, it nonetheless remains vital to be prepared and take all needed precautions
45   throughout the entire timeframe of the emergency to allow the MOA to be able to rapidly
46   address any public health emergency related to COVID-19 as it arises; and
47
48   WHEREAS, these circumstances make it necessary for the Mayor’s proclamation of
49   emergency to remain activated and in place to address the ongoing public health, safety
50   and welfare issues resulting from this emergency beyond its current January 15, 2021

AR Seventh Extension of Emergency Declaration                              Page 3 of 3

 1   termination date; and
 2
 3   WHEREAS, individual emergency orders issued by the Mayor have previously had and
 4   may continue to have dates shorter than the length of the full emergency proclamation,
 5
 6   WHEREAS, pursuant to AMC section 3.80.080, the Assembly may terminate the
 7   emergency proclamation at any time, and pursuant to AMC section 3.80.085 may
 8   alternatively terminate specific emergency orders or emergency regulations,
 9
10   WHEREAS, pursuant to AMC section 3.80.080, the Assembly now deems it necessary
11   to extend the terms of the Proclamation of Emergency at this time through April 16,
12   2021 at eleven fifty-nine (11:59) p.m. to protect the health, safety and welfare of the
13   residents of the Municipality; now, therefore,
14
15   THE ANCHORAGE ASSEMBLY RESOLVES:
16
17   Section 1. The Municipality of Anchorage Proclamation of Emergency (COVID-19)
18   issued March 12, 2020 is hereby extended through April 16, 2021 at eleven fifty-nine
19   (11:59) p.m. The Administration shall submit not less than weekly regular reports to the
20   Assembly on any emergency measures taken under the Proclamation of Emergency
21   (COVID-10) as this health emergency evolves.
22
23   Section 2. The Mayor shall, if an additional extension of the Proclamation of
24   Emergency (COVID-19) is requested beyond the date approved in this Resolution,
25   submit to the Assembly a written report detailing reasons the additional extension is
26   requested and the impact on the emergency brought about by existing and previous
27   emergency orders.
28
29   Section 3. This resolution shall be effective immediately upon passage and approval
30   by the Assembly.
31
32   Section 4. Any further extension of the emergency order shall be subject to a public
33   hearing to occur at least three days before the expiration of the declaration of
34   emergency.
35
36
37   PASSED AND APPROVED by the Anchorage Assembly this 12th day of January, 2021.
38
39
40
41
42   ATTEST:                                         Chair
43
44
45
46
47   Municipal Clerk

MUNICIPALITY OF ANCHORAGE
                                      Assembly Memorandum
                                               No. AM 35-2021

                                                          Meeting Date: January 12, 2021

 1   From:         ACTING MAYOR
 2
 3   Subject:      A RESOLUTION OF THE ANCHORAGE ASSEMBLY FOR A
 4                 SEVENTH EXTENSION OF THE DECLARATION OF CIVIL
 5                 EMERGENCY (COVID-19) ISSUED BY THE MAYOR OF THE
 6                 MUNICIPALITY OF ANCHORAGE ON MARCH 12, 2020.
 7
 8   An additional extension of the Proclamation of Emergency (COVID-19) issued
 9   March 12, 2020 and set to expire January 15, 2021 at 11:59 p.m. is necessary as
10   the public health danger posed by COVID-19 remains active and the Municipality is
11   experiencing widespread community transmission of the virus.
12
13   As of January 5, 2021, the United States has experienced almost 21 million
14   confirmed cases of COVID-19 and over 350,000 deaths from the virus. The State of
15   Alaska accounts for 47,325 of those confirmed cases, and 220 deaths. The
16   Municipality, with the largest population center in the State, accounts for around half
17   of Alaska’s confirmed cases and deaths. As of January 5, 2021, the Municipality has
18   experienced 23,193 confirmed cases and 126 deaths among residents.
19
20   Anchorage experienced a huge surge in cases in November with a 14-day rolling
21   average of 371 new Anchorage cases each day in mid-November—more than ten
22   times higher than the threshold for reaching the State’s designation of “high alert”
23   status. Following discussions with frontline doctors and nurses witnessing the
24   impact of these alarming case counts on hospital staffing capacity, on November
25   25th, the Acting Mayor announced a modified hunker down order for the month of
26   December.
27
28   In late November and December, Anchorage came perilously close to overwhelming
29   its hospital system. On multiple days Anchorage had only one or two staffed ICU
30   hospital beds available. While the number of COVID-19 hospitalizations has
31   dropped in recent weeks, the potential for another spike in cases and subsequent
32   spike in hospitalizations is very real.
33
34   The modified hunker down was successful in bringing cases down and freeing up
35   beds—it resulted in a 55% reduction in reported case counts throughout the month
36   of December. However, cases remain in the high alert zone, and a combination of
37   other emergency orders currently in place, including the Mask Mandate (EO-13) and
38   the Easing Up Order (EO-17), are central mitigation measures designed to keep
39   case counts from soaring as the economy exits the modified hunker down. Health
40   officials remain concerned about another spike in case counts from the December
41   holiday season, from relaxed behaviors, and from potential impacts of new more
42   contagious strains of the virus. The more contagious strain originating in England
43   has already been identified in other parts of the United States.

1   For these reasons, an additional extension of Anchorage’s emergency powers is
 2   necessary. The threat of COVID-19 has not dissipated. Most Anchorage residents
 3   remain unvaccinated, and thus our community remains susceptible to surges in
 4   infection that could overwhelm the hospital system if not swiftly mitigated.
 5
 6   Anchorage needs the ability to respond quickly as conditions in the community
 7   change. Anchorage’s emergency orders have already proven effective at limiting the
 8   spread of COVID-19 cases, and further emergency orders are not possible without
 9   extending the emergency declaration.
10
11   Emergency powers will also enable Anchorage to better facilitate the distribution of
12   the newly available COVID-19 vaccines. Being able to vaccinate Anchorage’s most
13   vulnerable residents as quickly and efficiently as possible is vital to saving lives,
14   containing the virus and slowing further spread.
15
16   The Administration is proposing an extension of the emergency declaration until
17   April 16, 2021, which is three months from the current expiration date of January
18   15. The extension will allow time for the Municipality to plan for an exit from this
19   emergency posture. It aligns with the end of the legislative session, and a likely
20   expiration for a further State COVID-19 emergency declaration. It is also well
21   within the new December 31, 2021 deadline that Treasury has given for spending
22   of CARES Act Funds to respond to the national COVID-19 emergency. At this
23   moment, there is no indication that COVID-19 will cease to be an emergency
24   before April 16, 2021, but if the emergency ends sooner, the Assembly has the
25   power to end a declaration of emergency (or an individual emergency order or
26   regulation) at any time under AMC 3.80.080.
27
28
29   THE ADMINISTRATION RECOMMENDS APPROVAL.
30
31   Prepared by:                Kathryn R. Vogel, Municipal Attorney
32   Concur:                     Heather Harris, Director, Health Department
33   Concur:                     Christopher M. Schutte, Director,
34                               Office of Economic and Community Development
35   Concur:                     Anna C. Henderson, Municipal Manager
36   Respectfully submitted:     Austin Quinn-Davidson, Acting Mayor