Loading...
02-16-2021 - AGENDA ITEM 03 CONSIDERATION OF RESOLUTION NO. 2021-12 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCYAGENDA ITEM NO. 3 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: February 16, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF RESOLUTION NO.2021-12 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-12 - 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, JULY 21, 2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 20209 NOVEMBER 17, 2020, DECEMBER 1, 2020 AND JANUARY 19, 2021 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, November 17, 2020 and December 1, 2020 and January 19, 2021. 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" framework 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 was still utilizing the color -coded, tiered system; however, it changed the previously outlined process for counties to move between tiers. On December 3, 2020, the State announced that the California Department of Public Health (CDPH) would evaluate public health based on regions, responsive to hospital capacity for persons residing in those regions. When CDPH determines adult Intensive Care Unit (ICU) bed capacity for a region is less than fifteen percent (15%), a Regional Stay at Home Order goes into effect. Los Angeles County is part of the Southern California Region. A Southern California Regional Stay at Home Order was in effect from December 6, 2020 through January 25, 2021. Once the State lifted the Regional Stay at Home Order, the State resumed using the Blueprint for a Safer Economy framework, as revised in November 2020. Los Angeles County is currently in the purple -widespread tier. As of February 8, 2021, there were 105,805,951 confirmed cases of COVID-19 globally. On February 8, 2021, California reported that, as of February 7, 2021, there were 3,346,340 confirmed cases in California. As of February 6, 2021, there were 1,146,450 confirmed cases in Los Angeles County, including 11,945 confirmed cases in the City of West Covina according to the Los Angeles County Department of Public Health. In mid -December 2020, the State began administering the COVID-19 vaccine under "Vaccinate All 58," the State's campaign for a safe, fair and equitable vaccine for all 58 counties in the State. Vaccines are being administered in phases by prioritizing groups according to risk and level of exposure. As of February 8, 2021, eligible groups included: healthcare workers, staff and residents at skilled nursing facilities, staff and residents at long-term care facilities, individuals 65 and older, and workers in the following sectors: education and childcare, emergency services, and food and agriculture. As of February 8, 2021, the State reported that LA County had administered 1,175,308 doses of the vaccine. Despite the distribution of the vaccine, health officials expect the number of cases and deaths in California, the United States and worldwide to continue increase. It is essential that the City continue to provide basic services and provide for continuity of services over the long-term. 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: David Carmany, City Manager Attachments Attachment No. 1 - Resolution No. 2021-12 CITY Protect Public Safety COUNCIL Respond to the Global COVID-19 Pandemic GOALS & OBJECTIVES: ATTACHMENT NO.1 RESOLUTION NO.2021-12 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 239 2020, JULY 21, 2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 2020, NOVEMBER 17, 2020, DECEMBER 1, 2020 AND JANUARY 19, 2021 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 February 8, 2021, the WHO reported 105,805,951 confirmed cases globally, 2,312,278 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 February 8, 2021, CDPH reported that, as of February 7, 2021, there were 3,346,340 confirmed cases in California, 44,150 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 February 7, 2021, the LA County Health Department reported that, as of February 6, 2021, Los Angeles County had 1,146,450 confirmed cases, 18,044 of which resulted in death, and WHEREAS, as of February 6, 2021, the LA County Health Department reported 11,945 confirmed cases in the City of West Covina, 174 of which resulted in death; and WHEREAS, health officials expect the number of cases and deaths in California, the United States, and worldwide to continue 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, on October 20, 2020, the City Council adopted Resolution No. 2020-105, determining there was a need to continue the local emergency and clarifying 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, on December 1, 2020, the City Council adopted Resolution No. 2020-118, determining there was a need to continue the local emergency and providing that, notwithstanding the requirements of West Covina Municipal Code section 8-7(a)(2), due to the City Council's meeting schedule, the next regular meeting at which the City Council would consider the need to continue the local emergency would be January 19, 2021; and WHEREAS, on January 19, 2021, the City Council adopted Resolution No. 2021-01, determining there was a need to continue the local emergency; and WHEREAS, Los Angeles County is currently in the purple -widespread tier of California's Blueprint for a Safer Economy based on its case rate and test positivity rate; 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. 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. 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 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 16th day of February, 2021. Lefty Lopez- Viado 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. 2021-12 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof hell on the 16th day of February, 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk