Loading...
Resolution - 2020-91RESOLUTION NO.2020-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020 AND PREVIOUSLY CONTINUED ON APRIL 7, 2020, MAY 5, 2020, JUNE 2, 2020, JUNE 23, 2020 AND JULY 21, 2020 WHEREAS, the California Emergency Services Act (Government Code Section 8550 et seq.) authorizes the City Council, or an official designated by ordinance adopted by the City Council, to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, West Covina Municipal Code section 8-7(a)(1) empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and WHEREAS, on March 16, 2020, the City Manager declared a local emergency as authorized by Government Code section 8630(a) and West Covina Municipal Code section 8-7(a)(1) through Proclamation No. 2020-01 due to the COVID-19 pandemic; and WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020-19, ratifying the City Manager's proclamation as required by Government Code section 8630(b) and West Covina Municipal Code section 8-7(a)(1); and WHEREAS, Section 8-7(a)(2) of the West Covina Municipal Code empowers the City Manager to request that the City Council review the need for continuing the local emergency at least once every 3 0 days until the City Council terminates the local emergency; and WHEREAS, at the time the City Council ratified the proclamation, the World Health Organization ()AHO) reported, as of March 15, 2020, 153,517 confirmed cases of COVID-19 globally, 5,735 of which resulted in death. On August 11, 2020, the WHO reported 19,936,210 confirmed cases globally, 732,499 of which resulted in death; and WHEREAS, at the time the City Council ratified the proclamation, the California Department of Public Health (CDPH) reported that, as of March 15, 2020, there were 335 confirmed cases of COVID-19 in California, six (6) of which resulted in death. On August 11, 2020, CDPH reported that, as of August 10, 2020, there were 574,411 confirmed cases in California, 10,468 of which resulted in death; and WHEREAS, at the time the City Council ratified the proclamation, the Los Angeles County Department of Public Health 0 LA County Health Department') reported that, as of March 15, 2020, Los Angeles County had 69 confirmed cases, including one (1) death and one (1) confirmed case at West Covina High School. On August 11, 2020, the LA County Health Department reported that, as of August 10, 2020, Los Angeles County had 211,808 confirmed cases, 5,057 of whichresulted in death; and WHEREAS, as of August 10, 2020, the LA County Health Department reported 2,307 confirmed cases in the City of West Covina, 39 of which resulted in death; and WHEREAS, health officials expect the number of cases in California, the United States, and worldwide to increase; and WHEREAS, on April 7, 2020, the City Council adopted Resolution No. 2020-22, determining there was a need to continue the local emergency and confirming the written orders and regulations promulgated by the City Manager; and WHEREAS, on May 5, 2020, the City Council adopted Resolution No. 2020-41, determining there was a need to continue the local emergency and confirming the written orders and regulations promulgated by the City Manager; and WHEREAS, on June 2, 2020, the City Council adopted Resolution No. 2020-45, determining there was a need to continue the local emergency; and WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 2020-68, determining there was a need to continue the local emergency; and WHEREAS, on July 21, 2020, the City Council adopted Resolution No. 2020-85, determining there was a need to continue the local emergency; and WHEREAS, the City Manager has requested that the City Council review the need for continuing the local emergency in accordance with Section 8-7(a)(2) of the West Covina Municipal Code; and WHEREAS, the City Council has reviewed the need for continuing the local emergency as required by West Covina Municipal Code section 8-7(a)(2); and WHEREAS, the City Council finds that the conditions resulting from the COVID-19 emergency are still beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat; and WHEREAS, Section 8-7(a)(7) of the West Covina Municipal Code permits the City Manager to promulgate written orders and regulations to provide for the protection of life and property as affected by the emergency, and requires that such rules and regulations be confirmed at the earliest practicable time by the City Council; and WHEREAS, the City Manager has promulgated the written order set forth in Exhibit "A," attached hereto and incorporated herein by this reference; and WHEREAS, the City Council desires to confirm such written order. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council has reviewed the need for continuing the local emergency as required by West Covina Municipal Code section 8-7(a)(2), and determines, based on the foregoing recitals, that there is a need to continue the local emergency. SECTION 2. This local emergency shall continue to exist until the City Council proclaims the termination of the local emergency. The City Council shall review the need for continuing the local emergency in the manner required by law. SECTION 3. The City Council confirms the written order set forth in Exhibit A. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 18th day of APPROVE AS TO FORM Thomas P. Dudfe City Attorney ATTEST U Lisqj6herrick stant City Clerk I, LISA SIIERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-91 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 18th day of August 2020, by the following vote of the City Council: AYES: Castellanos, Johnson, Shewmaker, Lopez-Viado, Wu NOES: None ABSENT: None ABSTAIN: None 0s Sherrrck istant City Clerk EXHIBIT A WRMEN ORDER ATTACHMENT NO.2 EXHIBIT A WRITTEN ORDER NO. 12 WRITTEN ORDER OF THE CITY MANAGER OF THE CITY OF WEST COVINA, CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, ESTABLISHING THE WEST COVINA OPEN AIR PROGRAM TO ENABLE THE TEMPORARY USE OF PUBLIC AND PRIVATE RIGHTS -OF -WAY BY RESTAURANTS AND BUSINESSES TO PROMOTE PHYSICAL DISTANCING DURING THE COVID-19 PANDEMIC AND TEMPORARILY SUSPENDING CERTAIN WEST COVINA MUNICIPAL CODE REQUIREMENTS TO FACILITATE SUCH PROGRAM WHEREAS, the California Emergency Services Act (Government Code Section 8550 et seq.) authorizes the City Council, or an official designated by ordinance adopted by the City Council, to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, West Covina Municipal Code section 8-7(a)(1) empowers the City Manager, as the Director of Emergency Services, to declare the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and WHEREAS, in the event of the proclamation of a local emergency, West Covina Municipal Code section 8-7(a)(7)(a) authorizes the City Manager, as the Director of Emergency Services, to promulgate written orders and regulations to provide for the protection of life and property as affected by such emergency; and WHEREAS, on March 16, 2020, the City Manager declared a local emergency as authorized by Government Code section 8630(a) and West Covina Municipal Code section 8-7(a)(1) through Proclamation No. 2020-01 due to the COVID-19 pandemic; and WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020- 19, ratifying the City Manager's proclamation as required by Government Code section 8630(b) and West Covina Municipal Code section 8-7(a)(1); and WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20, which mandates that all individuals living in the State of California stay home or at their place of residence, except as needed to maintain the continuity of operations of essential services sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health ("LA Public Health") issued a Safer at Home Order for Control of COVID-19, restricting and limiting gatherings and ordering the immediate closure of non -essential retail businesses, indoor malls and shopping centers, and indoor and outdoor playgrounds for children; and WHEREAS, on May 4, 2020, Governor Newsom announced that, beginning May 8, 2020, the State could begin to move into Stage Two of the State's "Roadmap to Pandemic Resilience," which allowed certain lower -risk businesses to gradually reopen with adaptations; and WHEREAS, on May 6, 2020, lA Public Health issued a five -stage roadmap to recovery outlining a phased approach to modifying the County's Safer at Home Order and a reopening process for certain businesses; and WHEREAS, pursuant to State and County directives, restaurants and businesses were permitted to reopen throughout May and June, subject to specified requirements, including, but not limited to, physical distancing and infection control practices; and WHEREAS, on July 1, 2020, following a surge in cases, the State ordered the immediate closure of indoor operations for restaurants, movie theaters, family entertainment centers, zoos, museums and cardrooms in 19 counties that remained on the County Monitoring List for three (3) consecutive days, including Los Angeles County, and the closure of all brewpubs, breweries, bars, and pubs, both indoors and outdoors, subject to certain exceptions. On July 13, 2020, the State expanded this order to all counties; and , WHEREAS, on July 13, 2020, the State ordered the closure of businesses in the following industries in counties that have remained on the County Monitoring List for three (3) consecutive days, including Los Angeles County, unless they can be modified to operate outside or by pick-up: gyms and fitness centers, places of worship and cultural ceremonies, offices for non -critical infrastructure sectors, personal care services, hair salons and barbershops, and shopping malls. The State's directive indicated that shops that offertattoos, piercings and electrolysis may not be operated outdoors and must close; and WHEREAS, the City of West Covina is taking steps to ensure restaurants and businesses have the ability to operate safely during the COVID-19 pandemic and economic recovery using available public and private rights -of -way; and WHEREAS, the City of West Covina desires to temporarily authorize restaurants and businesses to expand operations onto sidewalks and public and private parking spaces within the City; and WHEREAS, this Order is adopted pursuant to the City's police powers and powers afforded to the City during local, state, and national emergencies and an unprecedented pandemic, such powers being afforded by the California Constitution, the California Government Code, and the West Covina Municipal Code. This Order is necessary for the preservation of the public peace, health and safety. Pursuant to Government Code section 8634 and West Covina Municipal Code section 8-7(a)(7)(a), this Order is necessary to provide for the protection of life and property affected by the COVID-19 pandemic and the local, state, and national emergencies. NOW, THEREFORE, THE CITY MANAGER OF THE CITY OF WEST COVINA, ACTING AS THE DIRECTOR OF EMERGENCY SERVICES, ORDERS AS FOLLOWS, SUBJECT TO CONFIRMATION BY THE WEST COVINA CITY COUNCIL: SECTION 1. The above recitals are true and correct and incorporated herein by this reference. SECTION 2. In order to support restaurants and businesses impacted by the COVID-19 pandemic and support the re -opening of businesses under Governor Newsom's recovery plan for California, and Los Angeles County's recovery plan for Los Angeles County, the West Covina Open Air Program (the "Program") is hereby established. SECTION 3. The following provisions of the West Covina Municipal Code shall be temporarily suspended so long as this Order remains in effect: • Subsections (b)(1), (b)(2) and (b)(3) of Section 26-609 (Major promotional event; commercial center and a business on its own site (not in P-B, O-S, I- P zones)) • Subsection (b)(1) of Section 26-616 (Special Event — Minor promotional event; commercial business (not in P-B, O-S, and I-P zones)) • Subsection (e) of Section 25-582 (Parking ratios, nonresidential (except PAR)) • The requirement for an Administrative Use Permit for restaurants with outdoor dining set forth in Section 26-597 (Land uses (except industrial or manufacturing uses)) • The requirement set forth in Section 26-597 (Land uses (except industrial or manufacturing uses)) that: "Uses specifically noted as "(Outdoor Display)" are allowed providing all functions other than display are at all times conducted within an enclosed building," ■ The requirement that restaurants obtain an Administrative Use Permit for onsite alcohol sales set forth in Section 26-685.104.5 (On -sale alcohol use —Administrative use permit) ■ Subsection (a)(1) of Section 26-685.105 (Change or intensification of existing on -sale or off -sale alcohol use) • Section 26-685.106 ■ Section 7-184(b) (Streets and highways; dedication required) • The requirement for an Administrative Review application for restaurants with outdoor dining set forth in Section 3.1A (Permitted Land Uses) of the Downtown Code • Subsections (D)(i), (D)(ii)(a)-(d) of Section 10.1 (Other Standards) of the Downtown Code SECTION 4. Businesses that wish to temporarily provide goods and services in outdoor areas shall be permitted to operate outdoors for the duration of this Order, subject to the following: a. Prior to commencing outdoor operations, businesses shall obtain an Open Air Temporary Use Permit, which shall be in a form approved by the City Manager and the City Attorney; b. Businesses shall comply with all requirements of the Open Air Temporary Use Permit, including, but not limited to, the conditions of approval; G. Businesses shall comply with California Department of Public Health (CDPH) "COVID-19 Industry Guidance" criteria; d. Businesses shall comply with all requirements of the Program, as such requirements may be amended from time to time. SECTION 5. The Open Air Temporary Use Permit fee, Alcoholic Beverage Permit fee, Open Air Program Encroachment Permit fee, and Fire Department fees associated with special event permits and temporary use permits shall be waived for Program participants. SECTION 6. Open Air Temporary Use Permits shall only be issued for business sectors that are permitted by the State and County to operate outdoors. If the State or the County orders the closure of outdoor operations for any business sector for which a business has been issued an Open Air Temporary Use Permit, the Open Air Temporary Use Permit shall be automatically suspended for the duration of such ordered closure. If the State or County orders the modification of outdoor operations for any sector for which a business has been issued an Open Air Temporary Use Permit, the requirements of such order shall supersede any inconsistent provisions contained in the Open Air Temporary Use Permit. SECTION 7. The Planning Division is hereby authorized to issue Open Air Temporary Use Permits, provided that all requirements set forth in this Order are met. SECTION 8. The Fire Chief is hereby authorized to waive ordinary requirements relating to fire prevention and protection for outdoor operations for specific Open Air Temporary Use Permit applications, provided that the Fire Chief has reviewed the specific application, has inspected or caused to be inspected the proposed outdoor operations area, and has determined that the requirement(s) to be waived will not be detrimental to the public health, safety, or welfare. SECTION 9. While this Order is in effect, the provisions of any permit issued pursuant to this Order and the Program shall supersede any inconsistent provisions contained in any permit issued prior to the effective date of this Order. SECTION 10. This Order shall become effective immediately, and shall remain in effect until the termination of the State and local emergencies, unless terminated sooner or further extended by the Director of Emergency Services or the City Council. SECTION 11. If any section, subsection, sentence, clause, phrase or word of this Order is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Order. SECTION 12. This Order is subject to confirmation by the City Council in accordance with Section 8-7(a)(7)(a) of the West Covina Municipal Code. SECTION 13. The Assistant City Clerk shall cause this Order to be widely publicized and noticed in accordance with Government Code section 8634 and West Covina Municipal Code section 8-7(a)(7)(a). ORDERED this 5th day of August, 2020. David Carmany, City Manager APPROVE AS TO FORM: dyl )t Tho as P. 1�rt City Attorney ATTEST: Lisa Sherri k, Assistant City lerk