9/7/2021 - ITEM 3 - CONSIDERATION OF RESOLUTION NO. 2021-92 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: September 7, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF RESOLUTION NO.2021-92 DETERMINING THERE IS A NEED
TO CONTINUE THE LOCAL EMERGENCY
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO.2021-92 - 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, JUNE 15, 2021, JULY 6, 2021,
JULY 20, 2021 AND AUGUST 17, 2021
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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, June 15, 2021, July 6, 2021, July 20, 2021 and August 17,
2021.
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 September 1, 2021, there were 217,558,771 confirmed cases of COVID-19 globally. On August 31,
2021, California reported that, as of August 30, 2021, there were 4,246,050 confirmed cases in California. As
of August 9, 2021, there were 1,331,859 confirmed cases in Los Angeles County, including 14,432 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 August 10, 2021,
the State reported that LA County had administered 12,081,863 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. The Los Angeles County Department of Health reported that community transmission of COVID-19
in Los Angeles County rapidly increased from "Low" to "High" since June 2021, and is currently requiring
that all persons wear face masks in indoor public and business settings, regardless of vaccination status.
It is essential that the City continue to provide basic services and provide for continuity of services over the
long-term. Staff is requesting that the City Council determine there is a need to continue the local emergency.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
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The options available to the City Council are as follows:
1. Adopt the resolution as submitted; or
2. Determine the local emergency has ceased; or
3. Provide alternative direction.
Prepared by: David Carmany, City Manager
Attachments
Attachment No. 1 - Resolution No. 2021-92
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL Protect Public Safety
GOALS & Respond to the Global COVID-19 Pandemic
OBJECTIVES:
ATTACHMENT NO.1
RESOLUTION NO. 2021-92
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, JUNE 15,
2021, JULY 6, 2021, JULY 20, 2021 AND AUGUST 17, 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 &ely 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 September 1, 2021, the WHO reported 217,558,771
confirmed cases globally, 4,517,240 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 September 1,
2021, CDPH reported that, as of August 31, 2021, there were 4,246,050 confirmed cases in
California, 65,430 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 August 31, 2021, the LA County Health
Department reported that, as of August 30, 2021, Los Angeles County had 1,407,317 confirmed
cases, 24,284 of which resulted in death; and
WHEREAS, as of August 30, 2021, the LA County Health Department reported 14,432
confirmed cases in the City of West Covina, 272 of which resulted in death; and
WHEREAS, on April 7, 2020, the City Council adopted Resolution No. 2020-22,
detemmning 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 Resohdion 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,
detennining 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,
determining 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,
deternmuing 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, on July 6, 2021, the City Council adopted Resolution No. 2021-76,
determining there was a need to continue the local emergency, and
WHEREAS, on July 20, 2021, the City Council adopted Resolution No. 2021-86,
determining there was a need to continue the local emergency, and
WHEREAS, on August 17, 2021, the City Council adopted Resolution No. 2021-91,
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 reported that
community transmission of COVID-19 in Los Angeles County rapidly increased from "Low" to
"High" since June 2021, and is currently requiring that all persons wear face masks in indoor
public and business settings, regardless of vaccination status; 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 7th day of September, 2021.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Letty Lopez-Viado
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SBERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Resolution No. 2021-92 was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof held on the 7th day of
September, 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk