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AGENDA ITEM REVIEW FORM |
6.B.
Regular City Council Meeting
- Meeting Date:
- 10/14/2020
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Order
Order
ITEM:
Discussion and possible action on any and all matters regarding Order No. 2020-18. An Order of the Mayor and City Council of the City of San Luis authorizing and directing the entering into an intergovernmental agreement with the Yuma Union High School District to indemnify the City of San Luis as required under the temporary San Luis Emergency Proclamation issued September 30, 2020, which allows for volleyball matches at the San Luis High School under strict infection controls for COVID-19. (Kay Marion Macuil, City Attorney)
SUMMARY:
Background - Order of Events
On Monday, September 28, 2020, Yuma Union High School District (“YUHSD”) and the San Luis High School (“SLHS”) requested that approximately six (6) SLHS Girls’ Volleyball events with three (3) matches each event (freshmen/sophomore teams, junior varsity teams, and varsity teams) to take place during October and November of 2020, at the SLHS gym. The first matches to start the same week of the request, on that Friday, October 2, 2020.
The High School provided lengthy COVID-19 infection control measures they would be following. These infection control measures follow the regulatory body for high school athletics, the Arizona Interscholastic Association (also known as the AIA). The infection controls are attached to this agenda item in the document labeled exhibits.
On September 29, 2020, Assistant SLHS Principal David Barrios indicated in a telephone conversation with San Luis City Attorney Kay Marion Macuil that SLHS would be taking the additional precaution of monitoring the numbers of spectators between matches. Each high school student-athlete is allowed to invite two (2) spectators. The high school authorities monitoring the number of spectators would check that the numbers do not get too many for proper social distancing. If the numbers were too many, a public announcement would be made. The announcement would require those who do not have an athlete in the upcoming match to leave.
On September 30, 2020, the Mayor issued an emergency proclamation to allow the event.
The Legal Reasons YUHSD Requested City Permission
Section 1 of Arizona Governor Douglas A. Ducey’s June 29, 2020, Executive Order 2020-43 titled “Pausing of Arizona’s Reopening: Slowing the Spread of COVID-19” and as extended by Executive Order 2020-52, allows cities:
In addition to the COVID-19 infection controls imposed in the September 30, 2020, proclamation, the proclamation requires that YUHSD indemnify and hold the City of San Luis harmless from any and all claims, causes of action, or suits of whatsoever kind or nature related to the volleyball events.
On Monday, September 28, 2020, Yuma Union High School District (“YUHSD”) and the San Luis High School (“SLHS”) requested that approximately six (6) SLHS Girls’ Volleyball events with three (3) matches each event (freshmen/sophomore teams, junior varsity teams, and varsity teams) to take place during October and November of 2020, at the SLHS gym. The first matches to start the same week of the request, on that Friday, October 2, 2020.
The High School provided lengthy COVID-19 infection control measures they would be following. These infection control measures follow the regulatory body for high school athletics, the Arizona Interscholastic Association (also known as the AIA). The infection controls are attached to this agenda item in the document labeled exhibits.
On September 29, 2020, Assistant SLHS Principal David Barrios indicated in a telephone conversation with San Luis City Attorney Kay Marion Macuil that SLHS would be taking the additional precaution of monitoring the numbers of spectators between matches. Each high school student-athlete is allowed to invite two (2) spectators. The high school authorities monitoring the number of spectators would check that the numbers do not get too many for proper social distancing. If the numbers were too many, a public announcement would be made. The announcement would require those who do not have an athlete in the upcoming match to leave.
On September 30, 2020, the Mayor issued an emergency proclamation to allow the event.
The Legal Reasons YUHSD Requested City Permission
Section 1 of Arizona Governor Douglas A. Ducey’s June 29, 2020, Executive Order 2020-43 titled “Pausing of Arizona’s Reopening: Slowing the Spread of COVID-19” and as extended by Executive Order 2020-52, allows cities:
- to approve or deny organized public events of more than 50 people,
- to approve organized public events of more than 50 people only if adequate safety precautions are implemented, including physical distancing measures,
- to deny a request for an organized event due to public health concerns related to COVID-19 and
- to impose conditions or restrictions consistent with the Arizona Governor’s Executive Orders.
In addition to the COVID-19 infection controls imposed in the September 30, 2020, proclamation, the proclamation requires that YUHSD indemnify and hold the City of San Luis harmless from any and all claims, causes of action, or suits of whatsoever kind or nature related to the volleyball events.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT ORDER NO. 2020-18.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
This item is for the Yuma Union High School District to indemnify the city. There is no cost to the city.