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12-01-2020 - AGENDA ITEM 04 CONSIDERATION OF RESOLUTION NO. 2020-118 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCYAGENDA ITEM NO.4 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: December 1, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF RESOLUTION NO.2020-118 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2020-118 - 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 59 2020, JUNE 29 2020, JUNE 239 20209 JULY 21, 2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 2020 AND NOVEMBER 17, 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 October 6, 2020, October 20, 2020 and November 17, 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. On October 20, 2020, the City Council clarified that the exercise of the City Manager's emergency powers is 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. Since late August 2020, the State has utilized the "Blueprint for a Safer Economy," for determining what businesses can and cannot open, utilizing a color -coded, tiered system. Under the framework, each county in the State is assigned a tier based on its case rate and test positivity rate. There are four (4) tiers: purple (widespread), red (substantial), orange (moderate), and yellow (minimal). Los Angeles County has remained in the purple tier since late August. On November 16, 2020, the State announced that it was pulling an "emergency brake" on the Blueprint for a Safer Economy due to the sharp increase in COVID-19 cases across California and the country. As a result, 94.1 % of the State's population was moved to the most restrictive purple tier. The State is still utilizing the color -coded, tiered system; however, it changed the previously outlined process for counties to move between tiers. On November 19, 2020, the State issued a Limited Stay at Home Order, which went into effect at 1 Opm on November 21, 2020 and will remain in effect until 5am on December 21, 2020. Generally, the order requires that non -essential work, movement and gatherings cease between lOpm and 5am in counties in the purple tier On November 22, 2020, Los Angeles County announced that its Health Officer Order would be modified to restrict dining at restaurants, breweries, wineries and bars, effective November 25, 2020 at 1 Opm. The County announced that restaurants, breweries, wineries and bars would only be permitted to offer take-out, drive thru, and delivery services, and in person dining would not be permitted for a minimum of three weeks. As of November 24, 2020, there were 58,900,547 confirmed cases of COVID-19 globally. On November 24, 2020, California reported that, as of November 23, 2020, there were 1,125,699 confirmed cases in California. As of November 24, 2020, there were 370,636 confirmed cases in Los Angeles County, including 3,929 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 City Council's meeting schedule, the next regular meeting at which the City Council will consider the need to continue the local emergency will be January 19, 2021. The resolution provides that, notwithstanding the requirements of Section 8-7(a)(2) of the West Covina Municipal Code, due to the meeting schedule, the City Council will consider the need to continue the local emergency on January 19, 2021. Although it is not anticipated that the need for the local emergency will cease prior to January 19, 2021, the resolution further provides that if that need for the local emergency ceases prior to such date, the City Council will call a special meeting to consider termination of the local emergency. 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. Attachments Attachment No. 1 - Resolution No. 2020-118 CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety Respond to the Global COVID-19 Pandemic ATTACHMENT NO.1 RESOLUTION NO.2020-118 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, 2020, JUNE 23, 2020, JULY 21, 2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 2020 AND NOVEMBER 17, 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 ratified 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 November 24, 2020, the WHO reported 58,900,547 confirmed cases globally, 1,393,305 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 November 24 2020, CDPH reported that, as of November 23, 2020, there were 1,125,699 confirmed cases in California, 18,769 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) ATTACHMENT NO.1 confirmed case at West Covina High School. On November 24, 2020, the LA County Health Department reported that, as of November 23, 2020, Los Angeles County had 370,636 confirmed cases, 7,446 of which resulted in death; and WHEREAS, as of November 22, 2020, the LA County Health Department reported 3,929 confirmed cases in the City of West Covina, 74 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 promuulgated 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, on October 20, 2020, the City Council adopted Resolution No. 2020-105, determining there was a need to continue the local emergency and clar*ing the City Manager's emergency powers; and WHEREAS, on November 17, 2020, the City Council adopted Resolution No. 2020-116, 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 ATTACHMENT NO.1 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, due to the City Councirs meeting schedule, the next meeting at which the City Council will consider the need to continue the local emergency will be January 19, 2021. 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. Notwithstanding the requirements of West Covina Municipal Code section 8-7(a)(2), due to the City Councirs meeting schedule, the next regular meeting at which the City Council will consider the need to continue the local emergency will be January 19, 2021. In the event the need for the local emergency ceases prior to such date, the City Council will call a special meeting to consider termination of the local emergency. SECTION 4. Pursuant to Resolution No. 2020-105, 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 5. 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 1st day of December, 2020. Tony Wu Mayor ATTACHMENT NO.1 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. 2020-118 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 1st day of December, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk