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Item 7 - Reso Confirming the Existence of a Local Emergency due to the Novel Coronavirus COVID-19 PandemicMarch 18, 2020, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway March 18, 2020 Honorable Mayor and Mem~s of the City Council Jon M. Canavan, Fire Chief \\(j Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org CITY COUNCIL Resolution Confirming the Existence of a Local Emergency as Proclaimed by the City Manager/Director of Emergency Services Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic In December 2019, health officials in China discovered a new virus outbreak causing upper-respiratory tract illnesses. Called the Novel Coronavirus (COVID-19) by the World Health Organization, COVID-19 spreads easily throughout communities and can result in death. In January 2020, the World Health Organization declared a "public health emergency of international concern". On January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency for the United States. On February 14, 2020, the County of San Diego declared a local health emergency and proclaimed a local emergency to deal with COVID-19. On March 4, 2020, California's governor proclaimed a state of emergency in California. This statewide proclamation waives the requirement for local governments to renew local health emergencies at regular intervals. The World Health Organization on March 11, 2020, declared the rapidly spreading COVID-19 a global pandemic, acknowledging the virus will likely spread to all countries on the globe. On March 13, 2020, President Trump declared a national emergency. With these declarations and proclamations, public health officials from the United States Center for Disease Control and Prevention (CDC), California Department of Public Health (CDPH) and the County of San Diego Health and Human Services have issued recommendations and guidance to prevent, manage and control the spread of COVID-19. In order to address the COVID-19 related issues, the City's Director of Emergency Services (City Manager) adopted a Proclamation of Local Emergency on March 13, 2020. The Proclamation must be ratified by the City Council within seven days. Recommended Action: It is recommended that the City Council approve the attached resolution ratifying the City Manager's 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 the Novel Coronavirus (COVI D-19) outbreak. This action requires a four-fifths (4/5) vote of the City Council. 1 of 6 March 18, 2020, Item #7Discussion: COVID-19 was first detected in Wuhan City, Hubei Province in China in December 2019. On January 30, 2020, the World Health Organization declared COVID-19 a public health emergency of international concern. On January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared the COVID-19 global outbreak a public health emergency for the United States. On February 14, 2020, the County of San Diego declared a local health emergency and proclaimed a local emergency to deal with COVID-19. The Centers for Disease Control and Prevention announced on February 26, 2020, that community spread of COVID-19 is likely to occur in the United States. On March 4, 2020, California's governor proclaimed a state of emergency in California. This statewide proclamation waives the requirement for local governments to renew local health emergencies at , regular intervals. The World Health Organization on March 11, 2020, declared the rapidly spreading COVID-19 a global pandemic, acknowledging the virus will likely spread to all countries on the globe. On March 13, 2020, President Trump declared a national emergency. What is known at this time is that the virus is easily spread between people primarily via respiratory droplets produced when an infected person coughs or sneezes. Symptoms of the virus include fever, cough, and shortness of breath, and infected individuals have experienced a range of outcomes, from mild sickness to severe illness and death. Based on the experience with other coronaviruses that cause severe respiratory illness and death, the U.S. Centers for Disease Control and Prevention (CDC) currently believes that symptoms appear two (2) to fourteen (14) days after exposure. Federal, state and county public health officials advise that rapid community spread is highly probable and to expect the number of cases to grow. These authorities have issued mandates, recommendations and guidance to prevent, manage and control the spread of COVID-19 that includes discontinuance of mass gatherings, implementation of social distancing and elimination of non-essential meetings. In order to address the COVID-19 related issues, the City's Director of Emergency Services (City Manager) adopted a Proclamation of Local Emergency on March 13, 2020. The Proclamation must be ratified by the City Council within seven days. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: The 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% of the annual operating budget. Within that 45%, 30% is set aside for Extreme Events/Public Safety and another 10% is set aside for Revenue Volatility. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond, and we believe that most of the costs are recoverable under State and Federal Disaster programs. Budget adjustments will be finalized prior to the completion of the current fiscal year. Public Notification: None. 2 of6 March 18, 2020, Item #7Attachments: A. Resolution B. Proclamation of Local Emergency Reviewed/Approved By: Assistant City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager March 18, 2020, Item #7RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND PROCLAIMING THE EXISTENCE OF A LOCAL 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, the City Council is required by Government Code section 8630 and PMC section 2.12.065 to ratify the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; 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, the Novel Coronavirus (COVI D-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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY PROCLAIM THAT A LOCAL EMERGENCY EXISTS WITHIN THE CITY OF POWAY; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this local emergency, the powers and duties of the Director of Emergency Services, and the Disaster Council of this City, shall be those prescribed by State law, by City ordinances and resolutions, by Chapter 2.12 of the Poway Municipal Code, and any other applicable authority; and 4of6 March 18, 2020, Item #7Resolution No. 20-Page 2 IT IS FURTHER ORDERED that the local emergency shall be deemed to exist until its termination is declared by resolution of the City Council; and IT IS FURTHER ORDERED by the City Council of the City of Poway that: SECTION 1: A local emergency exists within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; (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 shall 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 March, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of 6 March 18, 2020, Item #7PROCLAMATION 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[ I:;/ 7-oio S :rA? -;--------;----~ Bate' and Time T Director of Emergency Services 6 of 6