Item 3 - CONSIDERATION OF RESOLUTION NO. 2022-87 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: August 16, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF RESOLUTION NO.2022-87 DETERMINING THERE IS A NEED TO
CONTINUE THE LOCAL EMERGENCY
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-87 - 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, AUGUST 17, 2021, SEPTEMBER 7,
2021, OCTOBER 5, 2021, NOVEMBER 2, 2021, DECEMBER 7, 2021, JANUARY 4, 2022, FEBRUARY
1, 2022, MARCH 1, 2022, APRIL 5, 2022, MAY 3, 2022, JUNE 7, 2022. JULY 5, 2022 AND JULY 19,
2022
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 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, August 17,
2021, September 7, 2021, October 5, 2021, November 2, 2021, December 7, 2021, January 4, 2022,
February 1, 2022, March 1, 2022, April 5, 2022, May 3, 2022, June 7, 2022, July, 5, 2022 and July 19,
2022.
DISCUSSION:
Since March 4, 2022 in Los Angeles County, masks have no longer been required in most indoor
settings, but continue to be strongly recommended by the Los Angeles County Department of Public
Health ("LA County Health Department"). The LA County Health Department continues to require masks
for all persons, regardless of vaccination status, in higher transmission risk settings, including public
transit, indoor transportation hubs, healthcare settings, correctional facilities and detention centers,
homeless shelters, emergency shelters and cooling centers, long-term care settings and adult and senior
care centers.
On August 5, 2022, the LA County Health Department reported that LA County remained at the Centers
for Disease Control and Prevention (CDC) designated COVID-19 Community Level of High. On August
8, 2022, the LA County Health Department reported 10,430 new COVID-19 cases and 30 new deaths
due to COVID-19 for the period of August 6, 2022 through August 8, 2022.
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.
OPTIONS:
The options available to the City Council are as follows:
1. Adopt the resolution as submitted; or
2. Terminate the local emergency; or
3. Provide alternative direction.
Prepared by: David Carmany, City Manager
Attachments
Attachment No. 1 - Resolution No. 2022-87
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Maintain Good Intergovernmental Relations
Achieve Fiscal Sustainability and Financial Stability
ATTACHMENT NO. 1
RESOLUTION NO.2022-87
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, AUGUST 17, 2021,
SEPTEMBER 7, 2021, OCTOBER 5, 2021, NOVEMBER 2,
2021, DECEMBER 7, 2021, JANUARY 4, 2022, FEBRUARY 1,
2022, MARCH 1, 2022, APRIL 5, 2022, MAY 3, 2022, JUNE 7,
2022, JULY 5, 2022 AND JULY 19, 2022
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 August 8, 2022, the WHO reported a total of
579,092,623 confirmed cases globally, 6,407,556 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 August 5, 2022,
CDPH reported that, as of August 4, 2022, there were a total of 10,024,326 confirmed cases in
California, 93,056 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 8, 2022, the LA County Health
Department reported that, as of August 7, 2022, Los Angeles County had a total of 3,335,973
confirmed cases, 32,856 of which resulted in death; and
WHEREAS, as of August 7, 2022, the LA County Health Department reported a total of
34,905 confirmed cases in the City of West Covina, 377 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,
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,
determining 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, on September 7, 2021, the City Council adopted Resolution No. 2021-92,
determining there was a need to continue the local emergency; and
WHEREAS, on October 5, 2021, the City Council adopted Resolution No. 2021-99,
determining there was a need to continue the local emergency; and
WHEREAS, on November 2, 2021, the City Council adopted Resolution No. 2021-101,
determining there was a need to continue the local emergency; and
WHEREAS, on December 7, 2021, the City Council adopted Resolution No. 2021-116,
determining there was a need to continue the local emergency; and
WHEREAS, on January 4, 2022, the City Council adopted Resolution No. 2022-07,
determining there was a need to continue the local emergency; and
WHEREAS, on February 1, 2022, the City Council adopted Resolution No. 2022-14,
determining there was a need to continue the local emergency; and
WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 2022-21,
determining there was a need to continue the local emergency; and
WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 2022-29,
determining there was a need to continue the local emergency; and
WHEREAS, on May 3, 2022, the City Council adopted Resolution No. 2022-38,
determining there was a need to continue the local emergency; and
WHEREAS, on June 7, 2022, the City Council adopted Resolution No. 2022-58,
determining there was a need to continue the local emergency; and
WHEREAS, on July 5, 2022, the City Council adopted Resolution No. 2022-79,
determining there was a need to continue the local emergency; and
WHEREAS, on July 19, 2022, the City Council adopted Resolution No. 2022-84,
determining there was a need to continue the local emergency; and
WHEREAS, since March 4, 2022 in Los Angeles County, masks have no longer been
required in most indoor settings, but continue to be strongly recommended by the LA County
Health Department; and
WHEREAS, the LA County Health Department continues to require masks for all persons,
2 years of age or older, regardless of vaccination status, in higher transmission risk settings,
including public transit, indoor transportation hubs, healthcare settings, correctional facilities and
detention centers, homeless shelters, emergency shelters and cooling centers, long-term care
settings and adult and senior care centers; and
WHEREAS, on August 5, 2022, the LA County Health Department reported that Los
Angeles County remained at the High Community Level on the Centers for Disease Control and
Prevention (CDC) COVID-19 framework; 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 August, 2022.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Dario Castellanos
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. 2022-87 was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof held on the 16th day of August,
2022, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk