M EM ORAN DLJ M City of Poway
ADDITIONAL MATERIALS
(Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the January 18, 2022 Council Meeting) DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
January 14, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk U
(858) 668-4535, [email protected]
Item 3 - Adoption of Resolutions to (1) Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic and (2) Authorizing City Council Meetings to be Held Remotely Since publication, Item 3 has been amended to include a resolution authorizing teleconferencing for meetings during the COVID-19 state of emergency pursuant to California Assembly Bill 361. Please refer to the attached revised agenda report.
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
1 of 9
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
January 18, 2022, Item #3
January 18, 2022, Item #3
DATE: TO: FROM: CONTACT: SUBJECT: Summary:
AGENDA
REPORT
City
of
Poway
January
18,
2022
Honorable
Mayor
and
Members
of
the
City
Council
Scott
Post,
Interim
Fire
Chief
Scott
Post,
Interim
Fire
Chief
(858)
668-4462
or
[email protected]
CITY
COUNCIL
Resolutions
to
(1)
Continue
the
Existence
of
a
Local
Emergency
Within
the
City
of
Poway
Due
to
the
Novel
Coronavirus
(COVID-19)
Global
Pandemic
and
(2)
Authorizing
City
Council
Meetings
to
be
Held
Remotely
The
Novel
Coronavirus
(COVID-19)
global
pandemic
continues
to
cause
unprecedented
impacts
on
all
economic
and
social
segments
of
the
United
States.
Federal,
state,
and
county
directives,
mandates
and
orders
to
prevent,
control
and
manage
the
spread
of
COVID-19
have,
and
continue
to,
impact
Poway
residents,
businesses
and
visitors.
On
March
18,
2020,
the
City
Council
approved
a
resolution
proclaiming
a
local
emergency.
The
adopted
resolution
requires
the
City
Council
to
either
continue
the
emergency
action
or
declare
the
emergency
ended
at
each
regular
meeting.
As
part
of
the
response
to
the
COVID-19
pandemic,
California
Governor
Gavin
Newsom
signed
Executive
Order
N-29-20,
which
waived
physical-presence
meeting
requirements
of
the
Ralph
M.
Brown
Act
(the
Brown
Act),
and
authorized
local
agencies
to
meet
remotely
during
the
declared
state
of
emergency.
On
September
16,
2021,
Governor
Newsom
signed
into
law
Assembly
Bill
361
(AB
361
),
extending
the
authority
of
public
agencies
to
conduct
meetings
by
teleconference,
including
video
conference,
during
the
COVID-19
pandemic.
As
a
requirement
of
AB
361,
the
City
Council
must
consider
the
circumstances
of
the
state
of
emergency
and
determine
the
state
of
emergency
continues
to
impact
the
ability
of
attendees
to
meet
safely
in
person.
Due
to
COVID-19
Omicron
variant,
the
attached
resolution
authorizes
the
City
of
Poway
City
Council
meetings
to
be
held
remotely.
The
January
18,
2022
City
Council
will
be
held
remotely,
the
public
has
the
opportunity
to
participate
in
the
meeting
via
Zoom.
Instructions
for
logging
in
to
the
meeting
and
commenting
on
agenda
items
are
provided
on
the
City
Council
agenda.
Recommended
Action:
It
is
recommended
that
the
City
Council
approve
a
resolution
continuing
the
Proclamation
of
Local
Emergency
authorizing
the
City
Manager
to
take
necessary
actions
to
protect
the
public
and
welfare
of
the
City
from
the
serious
and
imminent
threat
of
COVID-19
and
approve
a
resolution
authorizing
City
Council
meetings
to
be
held
remotely.
This
action
requires
a
four-fifths
(4/5)
vote
of
the
City
Council. 2
of9
January 18, 2022, Item #3
Discussion:
The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVID-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, and December 7. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting.
As part of the response to the COVID-19 pandemic, California Governor Gavin Newsom signed Executive Order N-29-20, which waived physical-presence meeting requirements of the Ralph M.
Brown Act (the Brown Act), and authorized local agencies to meet remotely during the declared state of emergency. On September 16, 2021, Governor Newsom signed into law Assembly Bill 361 (AB 361 ), extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic. As a requirement of AB 361, the City Council must consider the circumstances of the state of emergency and determine the state of emergency continues to impact the ability of attendees to meet safely in person. Due to COVID-19 Omicron variant, the attached resolution (Attachment B) authorizes the City of Poway City Council meetings to be held remotely. The January 18, 2022 City Council will be held remotely, the public has the opportunity to participate in the meeting via Zoom. Instructions for logging in to the meeting and commenting on agenda items are provided on the City Council agenda.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of January 3, 2022, City costs to respond to COVID-19 are estimated at $1,046,044. These costs specifically relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $20,393,896 as of June 30, 2021, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these 3 of9
January 18, 2022, Item #3
programs
will
be
used
to
replenish
the
General
Fund
reserve.
Pursuant
to
the
reserve
policy,
staff
will
return
with
a
plan
to
replenish
any
General
Fund
reserves
not
replenished
under
a
State
or
Federal
Disaster
program.
Staff
will
recommend
applicable
budget
adjustments
prior
to
the
completion
of
the
current
fiscal
year.
In
addition
to
using
reserves
to
respond
to
COVID-19,
as
mentioned
above,
on
April
20,
2020,
the
City
Council
approved
$2,000,000
to
fund
the
PEARL
program
for
small
businesses.
The
PEARL
program's
goal
is
to
offer
financial
assistance
to
small
businesses
located
in
Poway
by
complementing
existing
state
and
federal
loan
programs
and
to
provide
a financial
bridge
to
businesses
to
survive
the
current
emergency.
The
PEARL
program
provides
loans
of
up
to
$50,000
to
eligible
businesses.
As
of
January
3,
2022,
staff
has
received
80 applications
requesting
$2,912,165
in
loans.
Based
on
staffs
review,
35 loans
totaling
$1,385,326
have
been
approved
and
four
loans
totaling
$148,000
have
been
repaid.
The
reserve
fund
will
be
replenished
from
the
repayment
of
PEARL
loans
over
a
three-year
period
following
the
end
of
the
local
COVID-19
emergency.
This
period
falls
within
the
General
Fund
Reserve
Policy's
direction
to
fully
replenish
reserves
within
five
years
of
use.
Public
Notification:
None. Attachments: A.
Resolution
Confirming
the
Continued
Existence
of
an
Emergency
B.
Resolution
Authorizing
City
Council
Meetings
to
be
Held
Remotely
C.
Proclamation
of
Local
Emergency
Reviewed/
Approved
By:
Wendy
Kaserman
Assistant
City
Manager
4 of9
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
I
c~ City
Manager
January 18, 2022, Item #3
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FINDING AND DECLARING THE
CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE
CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL
PANDEMIC
WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section
2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session;
WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic;
WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16 and December 7;
WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050;
WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and
WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. 5 of9 ATTACHMENT A
January 18, 2022, Item #3
Resolution
No.
22-
Page
2 NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
hereby
finds
and
declares:
SECTION
1:
An
emergency
continues
to
exist
within
the
City
as
the
result
of
the
Novel
Coronavirus
(COVID-19)
global
pandemic;
and
(a)
The
continuing
threat
of
the
Novel
Coronavirus
(COVID-19)
global
pandemic
requires
that
the
City
be
able
to
expend
public
money
in
order
to
safeguard
life,
health,
or
property;
(b)
The
City
Manager,
as
the
City's
Personnel
Officer,
is
authorized
to
take
actions
necessary
to
alter
employee
leave
policies
and
ensure
a
safe
and
healthy
workforce;
(c)
The
City
Manager
is
authorized
to
safeguard
life,
health,
or
property
without
complying
with
notice
or
bidding
procedures;
and
(d)
Once
such
expenditure
is
made,
the
City
Manager
shall
report
the
conditions
to
the
City
Council
at
each
regular
meeting,
at
which
time
the
City
Council
shall
either
continue
the
emergency
action
or
declare
the
emergency
ended.
SECTION
2:
This
Proclamation
of
Local
Emergency
and
all
subsequent
resolutions
in
connection
herewith
shall
require
a
four-fifths
(4/5)
vote
of
the
City
Council.
PASSED,
ADOPTED
AND
APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
18th
day
of
January,
2022
by
the
following
vote,
to
wit:
AYES: NOES: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
6 of9
January 18, 2022, Item #3
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
ALLOWING
FOR
THE
CONTINUED
USE
OF
TELECONFERENCING
FOR
MEETINGS
DURING
THE
COVID-19
STATE
OF
EMERGENCY,
PURSUANT
TO
CALIFORNIA
ASSEMBLY
BILL
361
(2021-2022)
WHEREAS,
on
March
4,
2020,
the
Governor
of
the
State
of
California
proclaimed
a
State
of
Emergency
in
response
to
COVID-19,
pursuant
to
Section
8625
of
the
California
Emergency
Services
Act
(Article
1 [commencing
with
Section
8550]
of
Chapter
7 of
Division
1 of
Title
2);
WHEREAS,
on
March
11,
2020
the
World
Health
Organization
publicly
characterized
COVID-19
as
a
pandemic;
WHEREAS,
on
March
13,
2020,
the
President
of
the
United
States
declared
a
National
Emergency
due
to
the
spread
and
the
effects
of
COVID-19;
WHEREAS,
on
March
17,
2020,
the
Governor
of
the
State
of
California
issued
Executive
Order
N-29-20
that,
in
an
effort
to
confront
and
contain
COVID-19,
suspended
certain
provisions
of
the
Ralph
M.
Brown
Act
providing
local
agencies
with
greater
flexibility
to
hold
meetings
via
teleconferencing;
WHEREAS,
on
September
16,
2021,
the
Governor
of
the
State
of
California
signed
Assembly
Bill
361
(2020-2022)
("AB
361")
amending
the
Ralph
M.
Brown
Act
providing
local
agencies
with
greater
flexibility
to
hold
meetings
via
teleconferencing
during
a
proclaimed
state
of
emergency
when:
(1)
state
or
local
officials
have
imposed
or
recommended
measures
to
promote
social
distancing
and/or
(2)
the
legislative
body
of
the
local
agency
has
determined,
by
majority
vote,
that,
as
a
result
of
the
emergency,
meeting
in
person
would
present
imminent
risks
to
the
health
or
safety
of
attendees
(California
Government
Code
Section
54953(e)(1
));
WHEREAS,
AB
361
was
chaptered
into
law
as
an
urgency
statute
with
its
effectiveness
waived
until
October
1,
2021,
subject
to
the
Governor
of
the
State
of
California's
Executive
Order
N-15-21
dated
September
20,
2021;
and
WHEREAS,
in
order
to
continue
holding
meetings
via
teleconferencing,
AB
361
requires
the
legislative
body
of
a
local
agency
to
periodically
make
the
findings
set
forth
in
California
Government
Code
Section
54953(e)(3).
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
hereby
finds
and
declares:
7 of9
SECTION
1:
That
the
above
recitals
are
true
and
correct.
SECTION
2:
That
the
City
Council
does
hereby
find
the
following:
(a)
A
state
of
emergency
has
been
proclaimed
pursuant
to
Section 8625
of
the
California
Emergency
Services
Act
(Article
1 [commencing
with
Section
8550]
of
Chapter
7 of
Division
1 of
Title
2);
and
ATTACHMENT
B
January 18, 2022, Item #3
Resolution No. 22-
(b) The City Council has reconsidered the circumstances of the state of emergency; and
(c) The state of emergency continues to directly impact the ability of the members of the City Council to meet safely in person; and (d) State and local officials continue to impose or recommend measures to promote social distancing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of January, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
8 of9
January 18, 2022, Item #3
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session;
WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020;
WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and
WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that;
1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and
2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action.
PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020.
Chr~
Director of Emergency Services
9 of9 ATTACHMENT C