Item 12 - Reso to Continue the Existence of a Local Emergency due to the Novel Coronavirus COVID-19 PandemicApril 7, 2020, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 7, 2020 Honorable Mayor and Members of the City Council Jon M. Canavan, Fire Chief Q Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org 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 spread across populations with unprecedented impacts on all business, economic, healthcare, military, 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. 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 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 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 COVI D-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: 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 1 of 6
April 7, 2020, Item #12proclamation 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. 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 and the City Council ratified the proclamation on March 18, 2020. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. The COVI D-19 global pandemic continues to rapidly spread across populations with unprecedented impacts on all business, economic, healthcare, military, and social segments of the United States. Public health officials advise that positive cases of infection continue to increase with high probability for the acceleration of more positive cases. Officials remain highly concerned that the number of infectious persons will outpace the availability of testing capacities and treatment capabilities. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. The direct impact of these directives on Poway residents, businesses and visitors includes physical separation and home isolation, discontinuance of mass gatherings and meetings, reduced access to certain public facilities and recreational amenities, restricted restaurant operations and discontinuance of non-essential business and infrastructure functions. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: Based on expenditure receipts to date, City costs to respond to COVID-19 are estimated at $23,000. 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% of the annual operating budget, or $20,961,853 as of June 30, 2019. Within that 45%, $13,974,863 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 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. Further, staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. Public Notification: None. Attach men ts: A. Resolution B. Proclamation of Local Emergency 2 of 6
April 7, 2020, Item #12Reviewed/Approved By: Wendy erman Assistant City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
April 7, 2020, Item #12ATTACHMENT ARESOLUTION NO. 20-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, shall review the need for a continuing emergency declaration at regularly scheduled meetings at least every 21 days until the emergency is terminated; 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 (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. 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 4of6
April 7, 2020, Item #12Resolution No. 20-Page 2 (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 7th day of April, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of6
April 7, 2020, Item #12ATTACHMENT BPROCLAMATION 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 6of6