August 16, 2022, Item #2
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
August 16, 2022
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief 'SZ}v,1/'
Jeff Chumbley, Fire Chief U
(858) 668-4461 or [email protected]
CITY COUNCIL
Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage COVI D-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.
Recommended Action:
It is recommended the City Council approve a resolution continuing the Proclamation of Local Emergency. This action requires a four-fifths (4/5) vote of the City Council.
Discussion:
The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVI D-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. 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. In 2022, the City Council approved to continue the emergency action on January 18, February 1, 1 of 5
August 16, 2022, Item #2
February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19 and August 2.
The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Continuing the local emergency, in addition to being consistent with the County of San Diego, also allows the City to continue to be eligible for federal, state, and county funding opportunities related to COVID-19 and tied to having a declaration of a local emergency in place.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of August 1, 2022, City costs to respond to COVID-19 are estimated at $1,120,760. 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. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Staff believes some of the prior expenditures are recoverable under State and Federal Disaster programs. Amounts recovered under these 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 was to offer financial assistance to small businesses located in Poway by serving as a financial bridge to businesses while they were awaiting state and federal funding provided in response to the pandemic. Based on staffs review, 35 loans totaling $1,328,118 were 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
B. Proclamation of Local Emergency
Reviewed/Approved By:
Wen~aserman
Assistant City Manager
2 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
cfW:{2
City Manager
August 16, 2022, Item #2
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, December 7, and in 2022 on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19 and August 2; 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. 3 of s ATTACHMENT A
August 16, 2022, Item #2
Resolution No. 22-
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 (COVI D-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 16th day of August, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMG, City Clerk
4 of 5
August 16, 2022, Item #2
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.
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Chr
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Director
of
Emergency
Services
5 of
5 ATTACHMENT
B