03-17-2020 - AGENDA ITEM 1 CONSIDERATION OF RESOLUTION RATIFYING PROCLAMATION NO. 2020-01 DECLARING THE EXISTENCE OF A LOCAL EMERGENCYAGENDA ITEM NO. 1
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
WEST ft
DATE: March 17, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF RESOLUTION RATIFYING PROCLAMATION NO. 2020-01
DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
RECOMMENDATION:
Staff recommends that the City Council adopt the following resolution:
RESOLUTION NO.2020-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RATIFYING PROCLAMATION NO. 2020-01 DECLARING THE EXISTENCE
OF A LOCAL EMERGENCY
BACKGROUND:
A novel coronavirus (COVID-19) was first detected in Wuhan City, Hubei Province in China in December 2019.
Since then, the State of California proclaimed a State of Emergency on March 4, 2020. The County of Los Angeles
declared a local emergency and a local health emergency on March 4, 2020. On March 11, 2020, the World Health
Organization (WHO) declared that COVID-19 is a pandemic. On March 12, 2020, Governor Newsom issued
Executive Order N-25-20, declaring that state and local public health officials may, as they deem necessary in the
interest of public health, issue guidance limiting or recommending limitations upon attendance at public assemblies,
conferences, or other mass events, which could cause the cancellation of such gatherings through no fault or
responsibility of the parties involved, thereby constituting a force majeure. On March 13, 2020, President Trump
proclaimed that the COVID-19 outbreak constitutes a national emergency. On March 16, 2020, the County of Los
Angeles Department of Public Health issued an order that among things limits the size of public gatherings, ordered
the closure of bars, nightclubs, gyms, movie theaters, and bowling alleys, and limits restaurants to take-out or
delivery only. On March 16, 2020, the City Manager, as the City's Director of Emergency Services, issued
Proclamation No. 2020-01 declaring a local emergency to protect public health and slow transmission of
COVID-19. City Council ratification of the proclamation is required.
As of March 15, 2020, the WHO reported that, to date, there were 157,517 confirmed cases of COVID-19, 5,735 of
which resulted in death, across 144 countries. On March 15, 2020, the California Department of Public Health
(CDPH) reported that, to date, California had 335 confirmed cases of COVID-19, six (6) of which have resulted in
death. CDPH also reported that approximately 11,700 Californians who returned to the United States after travel are
self -monitoring. The Los Angeles County Department of Public Health 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. The CDC anticipates that widespread transmission of COVID-19 in the United States will occur.
COVID-19 is a serious public health threat as it is highly contagious and may be spread by asymptomatic
14 days from the time they left China. On February 29, 2020, the President expanded
restrictions to include all aliens who were physically present within the Islamic Republic
of Iran during the 14-day period preceding their entry or attempted entry into the United
States, with additional restrictions being imposed on travel from Europe as of March 11,
2020; and
WHEREAS, as of March 15, 2020, the WHO reported, to date, 153,517 confirmed
cases of COVID-19, 5,735 of which resulted in death, across 144 countries and territories;
and
WHEREAS, the California Department of Public Health (CDPH) reported that, as
of March 14, 2020, there were 335 confirmed cases of COVID-19 in California, six (6) of
which resulted in death, and approximately 11,700 Californians self -monitoring after
returning to the United States from travel. The Los Angeles County Department of Public
Health reported that, as of March 15, 2020, Los Angeles County had 69 confirmed cases,
including one (1) death, with one (1) confirmed case at West Covina High School ; and
WHEREAS, health officials expect the number of cases in California, the United
States, and worldwide to increase; and
WHEREAS, the Governor and CDPH on March 11, 2020 issued a statement
entitled "California Public Health Experts: Mass Gatherings Should be Postponed or
Canceled Statewide to Slow the Spread of COVID-19," determining that gatherings
should be postponed or canceled across the state until at least the end of March. Non-
essential gatherings must be limited to no more than 250 people, while smaller events
can proceed only if the organizers can implement social distancing of six (6) feet per
person. Gatherings of individuals who are at higher risk for severe illness from COVID-19
should be limited to no more than 10 people, while also following social distancing
guidelines. Further, essential gatherings should only be conducted if the essential activity
could not be postponed or achieved without gathering, meaning that some other means
of communication could not be used to conduct the essential function; and
WHEREAS, the Governor on March 12, 2020 issued Executive Order N-25-20,
ordering, among other things, that all residents are to heed the orders and guidance of
state and local public health officials; and
WHEREAS, the City of West Covina has the power to impose measures to
promote social distancing including but not limited to limitations on public events; and
WHEREAS, conditions of extreme peril to the safety of persons and property have
arisen due to the potential introduction of COVID-19 to West Covina; and
WHEREAS, such conditions are 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
Proclamation No. 2020-01 Page 2 of 4
WHEREAS, it is imperative to prepare for and respond to suspected or confirmed
COVID-19 cases, to implement measures to mitigate the spread of COVID-19, and to
prepare to respond to an increasing number of individuals requiring medical care and
hospitalization; and
WHEREAS, if COVID-19 spreads in California at a rate comparable to the rate of
spread in other countries, the number of persons requiring medical care may exceed
locally available resources, and controlling outbreaks minimizes the risk to the public,
maintains the health and safety of the community, and limits the spread of infection in the
community and within the healthcare delivery system; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and allow for future
reimbursement by the state and federal governments will be critical to successfully
responding to COVID-19; and
WHEREAS, the City Manager, as the City's Director of Emergency Services, has
the power to declare a local emergency as authorized by Government Code section 8630
and West Covina Municipal Code section 8-7(a)(1).
NOW, THEREFORE, IT IS PROCLAIMED AND ORDERED by the City Manager
of the City of West Covina as follows:
A. As contemplated in the Emergency Services Act contained in Government
Code Section 8550 et seq., including Section 8558(c), and Chapter 8 of the
West Covina Municipal Code, a local emergency exists based on the
existence of conditions of disaster or of extreme peril to the safety of
persons and property caused by an epidemic, as detailed in the recitals set
forth above.
B. The area of the City which is endangered/imperiled is the entire City.
C. During the existence of this local emergency, the powers, functions, and
duties of the emergency organization of this City shall be those prescribed
by state law and by ordinances, resolutions, and orders of this City,
including but not limited to the City's Emergency Plan.
D. The City Council shall review and ratify this proclamation within seven (7)
days as required by State law. The City Council shall review the need for
continuing the local emergency as required by State law and the West
Covina Municipal Code until it terminates the local emergency, and shall
terminate the local emergency at the earliest possible date that conditions
warrant.
E. A copy of this proclamation be forwarded to the Director of the California
Governor's Office of Emergency Services requesting that the Director find
Proclamation No. 2020-01 Page 3 of 4
it acceptable in accordance with State law; that the Governor of California,
pursuant to the Emergency Services Act, issue a proclamation declaring an
emergency in the City of West Covina; that the Governor waive regulations
that may hinder response and recovery efforts; that recovery assistance be
made available under the California Disaster Assistance Act; and that the
State expedite access to State and Federal resources and any other
appropriate federal disaster relief programs.
PROCLAIMED this 16th day of March, 2020.
David�f %)Carmany, City Manager
APPROVED AS TO FORM:
Tho as P: poirte City Attorney
ATTEST:
Lisa S ick, Assjstant Ci Clerk
Proclamation No. 2020-01 Page 4 of 4
individuals. Much is unknown about the nature of the virus such as the exact modes of transmission, the factors
facilitating human -to -human transmission, the extent of asymptomatic viral shedding, mutations, basic reproduction
number, and the case fatality rate. Experts disagree about the incubation period and appropriate quarantine period.
Additionally, there is currently no vaccine to prevent COVID-19 or specific antiviral treatment that has been found
to be effective.
What is known at this time is that the virus is spread between people primarily via respiratory droplets produced
when an infected person coughs or sneezes. Symptoms of the virus include fever, cough, and shortness of breath,
and infected individuals have experienced a range of outcomes, from mild sickness to severe illness. Based on
experience with other coronaviruses that cause severe respiratory illness, the CDC currently believes that symptoms
appear two to 14 days after exposure; however, this is not certain. The CDC has reported that information so far
suggests that most COVID-19 illness is mild, with many individuals experiencing mild to no symptoms, but that a
report from China suggests that serious illness occurs in 16% of cases.
Due to the threat to the health, safety and welfare of residents of West Covina from COVID-19, staff is requesting
the City Council ratify Proclamation No. 2020-01 declaring the existence of a local emergency pursuant to
Government Code section 8630 and West Covina Municipal Code section 8-7(a)(1).
DISCUSSION:
Government Code section 8558 defines a local emergency as "the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and
county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, ... or other
conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control
of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of
other political subdivisions to combat." (Emphasis added.)
Under Government Code section 8630, the City Council can proclaim the existence of a local emergency. Under
West Covina Municipal Code (WCMC) section 8-7(a)(1), the City Manager, as the Director of Emergency
Services, can also proclaim the existence of a local emergency. Once the existence of a local emergency is
proclaimed, neighboring jurisdictions and the State have the power to provide mutual aid to address the emergency
conditions. Pursuant to Government Code section 8630, once proclaimed, the City Council is required to review the
need for continuing the local emergency at least every 60 days until the local emergency is terminated, and must
proclaim the termination of the local emergency at the earliest possible date that conditions warrant. Pursuant to
WCMC section 8-7(a)(2), the City Manager may request that the City Council review the need for continuing the
local emergency at least once every thirty (30) days until the City Council terminates the local emergency.
Accordingly, on March 16, 2020, the City Manager, as the City's Director of Emergency Services, declared a local
emergency as authorized by Government Code section 8630 and WCMC section 8-7(a)(1). The proclamation will
enable the City to more effectively respond to the potential outbreak, put in place a framework that supports the
continuity of essential public safety services, seek and utilize mutual aid, potentially obtain reimbursement for
expenses incurred to address the pandemic, and ensure the City has all available tools at its disposal to keep the
community safe. Pursuant to the WCMC, the City Manager will request that the City Council review the need for
continuing the local emergency at least once every 30 days.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the proposed resolution as to form.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
Prepared by: Thomas P. Duarte, City Attorney
Attachments
Attachment No. 1 - Resolution No. 2020-19
CITY COUNCIL GOALS & OBJECTIVES: Enhance Public Safety
RESOLUTION NO.2020-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RATIFYING PROCLAMATION NO. 2020-01
DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, West Covina Municipal Code Section 8-7 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, Government Code Section 8550 et seq., including Section 8558(c), authorize
the City Manager 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, a novel coronavirus, COVID-19, causes infectious disease and was first
detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of COVID-19
include fever, cough, and shortness of breath; outcomes have ranged from mild to severe illness,
and, in some cases, death. The Center for Disease Control and Prevention (CDC) has indicated the
virus is a tremendous public health threat; and
WHEREAS, to date, there are over 80,000 confirmed of cases of COVID-19 in China,
with the virus reportedly spreading from person -to -person. COVID-19 illnesses, many of them
associated with travel from Wuhan, are also being reported in 143 countries/territories, including
the United States, with over 72,000 confirmed cases; and
WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared the
outbreak a "public health emergency of international concern" and on March 11, 2020, the WHO
elevated the public health emergency to the status of a pandemic. On January 31, 2020, United
States Health and Human Services Secretary Alex M. Azar II declared a public health emergency
for the United States to aid the nation's healthcare community in responding to COVID-19. On
March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California.
On March 4, 2020, the County of Los Angeles declared a local emergency and a local health
emergency. On March 13, 2020, President Donald Trump proclaimed that the COVID-19 outbreak
constitutes a national emergency, beginning March 1, 2020; and
WHEREAS, on February 2, 2020, the federal government initiated the suspension of entry
of foreign nationals who were in China during the 14-day period preceding their entry or attempted
entry into the United States. United States citizens, residents, and their immediate family members
who were in China during the 14-day period preceding their entry into the United States are
permitted entry, but are redirected to one of 11 airports where the CDC has quarantine stations to
undergo health screening. Depending on their health and travel history, they will have some level
of restrictions on their movements for 14 days from the time they left China. On February 29,
2020, the President expanded restrictions to include all aliens who were physically present within
the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into
the United States, with additional restrictions being imposed on travel from Europe as of March
11, 2020; and
Resolution No. 2020-19 Page 1 of 4
WHEREAS, as of March 15, 2020, the WHO reported, to date, 153,517 confirmed cases
of COVID-19, 5,735 of which resulted in death, across 144 countries and territories; and
WHEREAS, 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, and approximately 11,700 Californians self -monitoring after returning to the
United States from travel. The Los Angeles County Department of Public Health 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; and
WHEREAS, health officials expect the number of cases in California, the United States,
and worldwide to increase; and
WHEREAS, the Governor and CDPH on March 11, 2020 issued a statement entitled
"California Public Health Experts: Mass Gatherings Should be Postponed or Canceled Statewide
to Slow the Spread of COVID-19," determining that gatherings should be postponed or canceled
across the state until at least the end of March. Non -essential gatherings must be limited to no more
than 250 people, while smaller events can proceed only if the organizers can implement social
distancing of six (6) feet per person. Gatherings of individuals who are at higher risk for severe
illness from COVID-19 should be limited to no more than 10 people, while also following social
distancing guidelines. Further, essential gatherings should only be conducted if the essential
activity could not be postponed or achieved without gathering, meaning that some other means of
communication could not be used to conduct the essential function; and
WHEREAS, the Governor on March 12, 2020 issued Executive Order N-25-20, ordering,
among other things, that all residents are to heed the orders and guidance of state and local public
health officials; and
WHEREAS, state and local public health officials may, as they deem necessary in the
interest of public health, issue orders limiting attendance at public assemblies, conferences, or
other mass events, which will cause the cancellation of such gatherings through no fault or
responsibility of the parties involved, thereby constituting a force majeure; and
WHEREAS, the City of West Covina has the power to impose measures to promote social
distancing including but not limited to limitations on public events; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
due to the potential introduction of COVID-19 to West Covina; and
WHEREAS, such conditions are 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, it is imperative to prepare for and respond to suspected or confirmed COVID-
19 cases, to implement measures to mitigate the spread of COVID-19, and to prepare to respond
to an increasing number of individuals requiring medical care and hospitalization; and
Resolution No. 2020-19 Page 2 of 4
WHEREAS, if COVID-19 spreads in California at a rate comparable to the rate of spread
in other countries, the number of persons requiring medical care may exceed locally available
resources, and controlling outbreaks minimizes the risk to the public, maintains the health and
safety of the community, and limits the spread of infection in the community and within the
healthcare delivery system; and
WHEREAS, the mobilization of local resources, ability to coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and allow for future
reimbursement by the state and federal governments will be critical to successfully responding to
COVID-19; and
WHEREAS, on March 16, 2020, the City Manager, as the City's Director of Emergency
Services, declared a local emergency as authorized by Government Code section 8630 and West
Covina Municipal Code section 8-7(a)(1). A true and correct copy of Proclamation No. 2020-01
is attached hereto as Exhibit "A" and incorporated herein by this reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Manager's proclamation of local emergency, Proclamation No.
2020-01 dated March 16, 2020, is hereby ratified.
SECTION 2. As contemplated in the Emergency Services Act contained in Government
Code Section 8550, et seq., including Section 8558(c), and Chapter 8 of the West Covina
Municipal Code, a local emergency exists based on the existence of conditions of disaster or of
extreme peril to the safety of persons and property caused by an epidemic, as detailed in the recitals
set forth above.
SECTION 3. The area of the City which is endangered/imperiled is the entire City.
SECTION 4. During the existence of this local emergency, the powers, functions, and
duties of the emergency organization of this City shall be those prescribed by State law and by
ordinances, resolutions, and orders of this City, including but not limited to the City's Emergency
Plan.
SECTION 5. This local emergency shall continue to exist until the City Council proclaims
the termination of this local emergency. The City Council shall review the need for continuing the
local emergency in the manner required by law.
SECTION 6. A copy of this resolution and the emergency proclamation be forwarded to
the Director of the California Governor's Office of Emergency Services requesting that the
Director find it acceptable in accordance with State law; that the Governor of California, pursuant
to the Emergency Services Act, issue a proclamation declaring an emergency in the City of West
Covina; that the Governor waive regulations that may hinder response and recovery efforts; that
recovery assistance be made available under the California Disaster Assistance Act; and that the
Resolution No. 2020-19 Page 3 of 4
State expedite access to State and Federal resources and any other appropriate federal disaster
relief programs.
PASSED AND ADOPTED this 17th day of March, 2020.
Tony Wu
Mayor
APPROVED AS FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Resolution No. 2020-19 was duly adopted by the City Council
of the City of West Covina, California, at a special meeting thereof held on the 17th day of March,
2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
Resolution No. 2020-19 Page 4 of 4
EXHIBIT A
PROCLAMATION NO.2020-01
PROCLAMATION NO. 2020-01
A PROCLAMATION BY THE CITY MANAGER OF THE CITY OF WEST
COVINA, CALIFORNIA, ACTING AS THE DIRECTOR OF EMERGENCY
SERVICES, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, West Covina Municipal Code Section 8-7 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, Government Code Section 8550 et seq., including Section 8558(c),
authorize the City Manager 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, a novel coronavirus, COVID-19, causes infectious disease and was
first detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of
COVID-19 include fever, cough, and shortness of breath; outcomes have ranged from
mild to severe illness, and, in some cases, death. The Center for Disease Control and
Prevention (CDC) has indicated the virus is a tremendous public health threat; and
WHEREAS, to date, there are over 80,000 confirmed of cases of COVID-19 in
China, with the virus reportedly spreading from person -to -person. COVID-19 illnesses,
many of them associated with travel from Wuhan, are also being reported in 143
countries/territories, including the United States, with over 72,000 confirmed cases; and
WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared
the outbreak a "public health emergency of international concern" and on March 11, 2020,
the WHO elevated the public health emergency to the status of a pandemic. On January
31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared
a public health emergency for the United States to aid the nation's healthcare community
in responding to COVID-19. On March 4, 2020, California Governor Gavin Newsom
declared a State of Emergency in California. On March 4, 2020, the County of Los
Angeles declared a local emergency and a local health emergency. On March 13, 2020,
President Donald Trump proclaimed that the COVID-19 outbreak constitutes a national
emergency, beginning March 1, 2020; and
WHEREAS, on February 2, 2020, the federal government initiated the suspension
of entry of foreign nationals who were in China during the 14-day period preceding their
entry or attempted entry into the United States. United States citizens, residents, and their
immediate family members who were in China during the 14-day period preceding their
entry into the United States are permitted entry, but are redirected to one of 11 airports
where the CDC has quarantine stations to undergo health screening. Depending on their
health and travel history, they will have some level of restrictions on their movements for
Proclamation No. 2020-01 Page 1 of 4