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07/06/2021 ITEM NO. 2 - CONSIDERATION OF RESOLUTION NO. 2021-76 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCYAGENDA ITEM NO. 2 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: July 6, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF RESOLUTION NO. 2021-76 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-65 - 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, 2020, NOVEMBER 17, 2020, DECEMBER 1, 2020, JANUARY 19, 2021, FEBRUARY 16, 2021, MARCH 16, 2021, APRIL 6, 2021, MAY 4, 2021, AND JUNE 1, 2021 BACKGROUND: On March 17, 2020, the City Council adopted Resolution 2020-19, ratifying Proclamation 2020-01 declaring the 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 accordance 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, December 1, 2020, January 19, 2021, February 16, 2021, March 16, 2021, April 6, 2021 May 4, 2021, June 1, 2021 and June 15, 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: On March 4, 2020, Governor Newsom declared a state of emergency in California. The emergency status allows the State (and cities) to access needed supplies, resources, and funding. For example, the City has received Coronavirus Relief monies to help offset City costs associated with the COVID-19 pandemic. In addition, West Covina is seeking reimbursement for COVID-19 related expenses through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. To remain eligible for COVID-19 reimbursement, the City would have to continue to be under a declared state of emergency. The State of California continues to be under the state's declared state of emergency. As of June 30, 2021, there were 182,521,067 confirmed cases of COVID-19 globally. On June 30, 2021, California reported that, as of June 29, 2021, there were 3,710,454 confirmed cases in California. As of June 28, 2021, there were 1,249,935 confirmed cases in Los Angeles County, including 12,968 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. As of June 29, 2021, the State reported that LA County had administered 10,619,634 doses of the vaccine. Despite the distribution of the vaccine, health officials have indicated that transmission of the virus remains widespread especially with the coronavirus variants that are considered highly transmissible, such as the Delta variant. On June 28, 2021, the Los Angeles County Department of Public Health recommended that everyone, regardless of vaccination status, wear masks indoors in public places as a precautionary measure due to the increased circulation of the Delta variant. In addition, as noted above, the State of California remains in a state of emergency. 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. 2021-76 CITY Protect Public Safety COUNCIL Respond to the Global COVID-19 Pandemic GOALS & OBJECTIVES: ATTACHMENT NO.1 RESOLUTION NO. 2021-76 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, 2020, NOVEMBER 17, 2020, DECEMBER 1, 2020, JANUARY 19, 2021, FEBRUARY 16, 2021, MARCH 16, 2021, APRIL 6, 2021, MAY 4, 2021, JUNE 1, 2021 AND JUNE 15, 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 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 June 30, 2021, the WHO reported 181,521,067 confirmed cases globally, 3,937,437 of which resulted in death; and WHEREAS, at the time the City Council ratified the proclamation, the California Department of Public Health (CDPII) 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 June 30 2021, CDPH reported that, as of June 29, 2021, there were 3,710,454 confirmed cases in California, 63,023 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 June 29, 2021, the LA County Health Department reported that, as of June 28, 2021, Los Angeles County had 1,249,935 confirmed cases, 24,482 of which resulted in death; and WHEREAS, as of June 28, 2021, the LA County Health Department reported 12,968 confirmed cases in the City of West Covina, 266 of which resulted in death; 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, on February 16, 2021, the City Council adopted Resolution No. 2021-12, detemvning there was a need to continue the local emergency; and WHEREAS, on March 16, 2021, the City Council adopted Resolution No. 2021-17, determining there was a need to continue the local emergency; and WHEREAS, on April 6, 2021, the City Council adopted Resolution No. 2021-25, determining there was a need to continue the local emergency; and WHEREAS, on May 4, 2021, the City Council adopted Resolution No. 2021-49, determining there was a need to continue the local emergency; and WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 2021-65, detemrining there was a need to continue the local emergency; and WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 2021-72, determining there was a need to continue the local emergency; and WHEREAS, 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; and WHEREAS, as of June 15, 2021, the Governor terminated the executive orders that put into place the Stay at Home Order and the Blueprint for a Safer Economy; and WHEREAS, notwithstanding widespread administration of the COVID-19 vaccine and the reopening of the State's economy, the LA County Health Department has raised concerns about the Delta variant, recommending that everyone, regardless of vaccination status, wear masks indoors in public places as a precautionary measure due to the increased circulation of the highly transmissible Delta variant; 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 Cowicil 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 fords 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 i into the book of original resolutions. APPROVED AND ADOPTED this 6th day of July, 2021. APPROVED AS TO FORM Thomas P. Duarte City Attorney Letty Lopez-Viado Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-76 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 6th day of July, 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk