10-20-2020 - AGENDA ITEM 05 CONSIDERATION OF RESOLUTION NO. 2020-105 CLARIFYING THE CITY MANAGER'S EMERGENCY POWERS AND EXTENDING THE LOCAL EMERGENCY DECLARATIONAGENDA ITEM NO. 5
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: October 20, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF RESOLUTION NO.2020-105 CLARIFYING THE CITY
MANAGER'S EMERGENCY POWERS AND EXTENDING THE LOCAL
EMERGENCY DECLARATION
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO.2020-105 - 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, 20209 MAY 59 2020, JUNE 29 2020, JUNE 239 2020, JULY 21,
2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, AND OCTOBER 6, 2020.
BACKGROUND:
On March 17, 2020, the City Council adopted Resolution 2020-19, ratifying Proclamation 2020-01 declaring
existence of a local emergency, which was issued by the City Manager acting in the capacity of Director of
Emergency Services. The local emergency is due to the novel coronavirus (COVID-19) pandemic. Following
adoption of the resolution, the City Council needs to review and reevaluate the need for continuing the local
emergency at least once every thirty (30) days in conformance with Section 8-7(a)(2) of the West Covina
Municipal Code (WCMC). The City Council previously continued the local emergency on April 7, 2020, May
5, 2020, June 2, 2020, June 23, 2020, July 21, 2020, August 18, 2020, September 15, 2020 and October 6,
2020.
During a proclaimed local emergency, the City Manager, as the Director of Emergency Services, has the
powers enumerated in Section 8-7 of the WCMC. At the October 6, 2020 City Council meeting, the City
Council sought clarification that the exercise of the City Manager's emergency powers was limited to actions
directly related to responding to the COVID-19 emergency.
DISCUSSION:
The City Manager, acting in the capacity of Director of Emergency Services has mobilized appropriate staff
and other resources on a daily basis to address the COVID-19 pandemic. Staff at all levels of the organization
have been engaged in the response.
As of October 11, 2020, there were 37,109,851 confirmed cases of COVID-19 globally. On October 11, 2020,
California reported that, as of October 10, 2020, there were 846,579 confirmed cases in California. As of
October 10, 2020, there were 282,135 confirmed cases in Los Angeles County, including 3,036 confirmed
cases in the City of West Covina according to the Los Angeles County Department of Public Health. Health
officials expect the number of cases in California, the United States and worldwide to increase. It is essential
that the City continue to provide basic services and provide for continuity of services over the long-term.
Due to the cancellation of the November 3, 2020 City Council meeting, it is necessary that the City Council
review the need to continue the local emergency at the October 20, 2020 meeting in order to comply with the
West Covina Municipal Code requirement that the City Council review the need for continuing the local
emergency at least once every 30 days. Staff is requesting that the City Council continue the local emergency.
Per City Council direction, the Resolution also clarifies that the City Manager's exercise of the powers
enumerated in Section 8-7 of the WCMC are limited to actions directly related to responding to the COVID-19
pandemic.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
OPTIONS:
The options available to the City Council are as follows:
1. Adopt the resolution as submitted.
2. Determine the local emergency has ceased.
3. Provide alternative direction.
Prepared by: Mark Persico, Assistant City Manager
Attachments
Attachment No. 1 - Resolution No. 2020-105
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL Protect Public Safety
GOALS &
OBJECTIVES:
ATTACHMENT NO. 1
RESOLUTION NO.2020-105
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,
20209 JUNE 2, 20209 JUNE 239 2020, JULY 21, 2020, AUGUST
18, 2020, SEPTEMBER 15, 2020, AND OCTOBER 6, 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 30 days until the City Council terminates the local emergency; and
WHEREAS, at the time the City Council ratfied the proclamation, the World Health
Organization (WHO) reported, as of March 15, 2020, 153,517 confirmed cases of COVID-19
globally, 5,735 of which resulted in death. On October 11, 2020, the WHO reported 37,109,851
confirmed cases globally, 1,070,355 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 October 11
2020, CDPH reported that, as of October 10, 2020, there were 846,579 confirmed cases in
California, 16,564 of which resulted in death; and
WHEREAS, at the time the City Council ratified the proclamation, the Los Angeles
County Department of Public Health ("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 October 11, 2020, the LA County Health
Department reported that, as of October 10, 2020, Los Angeles County had 282,135 confirmed
cases, 6,771 of which resulted in death; and
WHEREAS, as of October 10, 2020, the LA County Health Department reported 3,036
confirmed cases in the City of West Covina, 67 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, on August 18, 2020, the City Council adopted Resolution No. 2020-91,
determining there was a need to continue the local emergency and confirming a written order
promulgated by the City Manager; and
WHEREAS, on September 15, 2020, the City Council adopted Resolution No. 2020-96,
determining there was a need to continue the local emergency; and
WHEREAS, on October 6, 2020, the City Council adopted Resolution No. 2020-101,
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, the City Council desires to clarify the City Manager's emergency powers
while the local emergency remains in effect.
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. While the local emergency remains in effect, the City Manager shall limit
the exercise of the powers granted to the City Manager, as the Director of Emergency Services,
during a proclaimed local emergency pursuant to Section 8-7 of the West Covina Municipal Code,
to actions directly related to responding to the COVID-19 pandemic.
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 20th day of October, 2020.
Tony Wu
Mayor
APPROVED AS TO 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.2020-105 was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof hell on the 20th day of
October, 2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk