Item 8 - Reso to Continue the Existence of a Local Emergency due to the Novel Coronavirus COVID-19 PandemicMay 5, 2020, Item #8
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
May 5, 2020
Honorable Mayor and Members of the City Council
Jon M. Canavan, Fire Chief ~
Jon M. Canavan, Fire Chief
(858) 668-4461 or jcanavan@poway.org
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 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.
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:
The COVID-19 global pandemic continues to impact business, education, healthcare, military, and
social segments of the United States. COVI D-19 has resulted in a swift economic slowdown and
escalating unemployment rates. Federal, state, and county directives, mandates, orders and
guidelines have been issued to prevent, control and manage the spread of COVID-19. These efforts
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. On April 7, 2020 and April 21, 2020, the City Council approved to continue the emergency
action. The adopted resolution requires the City Council to either continue the emergency action or
declare the emergency ended at each regular meeting.
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May 5, 2020, Item #8
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 $75,000.
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.
Attachments:
A. Resolution
B. Proclamation of Local Emergency
Reviewed/ Approved By:
Wfildy serman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
May 5, 2020, Item #8
RESOLUTION 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, the City Council, acting pursuant to PMC section 2.12.065, approved
extending the emergency declaration during regularly scheduled meetings on April 7, 2020 and
April 21, 2020;
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby
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May 5, 2020, Item #8
Resolution No. 20-
Page 2
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 5th day of May, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
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May 5, 2020, Item #8
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
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