December 6, 2022, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
December 6, 2022
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief r
Jeff Chumbley, Fire Chief
(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 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.
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 COVID-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, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19, August 2, 1 of 5
December 6, 2022, Item #3
August 16, September 20, October 4, October 18 and November 15. 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.
Based on a recent announcement by the State of California that it plans to end the COVID-19 State of Emergency on February 28, 2023, the City plans to end its local emergency at the February 21, 2023 City Council Meeting.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of November 21, 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:
Assistant City Manager
2 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
December 6, 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
(COVI
D-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
2(
July
19,
August
2,
August
16,
September
20,
October
4,
October
18 and
November
15;
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
5 ATTACHMENT
A
December 6, 2022, Item #3
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 (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 6th day of December, 2022 by the following vote, to wit:
AYES:
NOES_:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 5
December 6, 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
.
3{
t -;,/
'2t:12-o
S L-V
~-
-.----
=-----=----
P
r>ate
1 and
Time
T
Director
of
Emergency
Services
5 of
5 ATTACHMENT
B