Item 3 - Reso to Continue Existence of Local Emergency Due to Novel Coronavirus (COVID-10) Global PandemicDATE:
TO:
FROM:
CONTACT:
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Summary:
AGENDA RE PO RT City of Poway
October 6, 2020
Honorable Mayor and Memfrir ,the City Council
Jon M. Canavan, Fire Chief �
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 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 COVID-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 high
unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have
been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re
opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors
continues. 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. Orf March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the
City Manager's Proclamation of Local Emergency. On April 7, April 21, May 5, May 19, June 2, June 16,
July 7, July 21, August 4, September 1 and September 15, 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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Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of September 17, 2020, City costs to respond to COVID-19 are estimated at $624,249. This amount
differs from the amounts in the COVID-19 Economic Update staff report presented to Council on
September 15, 2020 primarily because the amounts listed here 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 $20,961,853 as of June 30, 2019. Within that 45 percent, $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. Staff will recommend applicable budget adjustments prior to the completion of
the current fiscal year.
In addition to using reserves to respond to COVI D-19, on April 16, 2020, the City Council approved
$2,000,000 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program for small
businesses. The PEARL program's goal is to offer financial assistance to small businesses located in
Poway by complementing existing state and federal loan programs and to provide a financial bridge
to businesses to survive the current emergency. The PEARL program funding of $2,000,000
represents approximately 14 percent of the Extreme Events/Public Safety reserve discussed above
and provides loans of up to $50,000 to eligible business. As of September 17, 2020, staff has received
78 applications requesting $2,862,165 in loans. Based on staff's review, 35 loans totaling $1,385,326
have been approved. Staff has requested additional information from seven applicants in order to
determine their eligibility for the program. Twenty-three loan requests were denied, and 13
businesses have chosen to withdraw their applications. The reasons cited for withdrawing an
application has varied from businesses having received funding from other sources, businesses are
doing better after re-opening, and others that felt the application process was too burdensome or
complicated. One loan of $50,000 for a medical provider has 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.
2 of 6 October 6, 2020, Item #3
Attachments:
A.Resolution
B.Proclamation of Local Emergency
Reviewed/Approved By:
Wendy serman
Assistant City Manager
3 of6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
�
City Manager
October 6, 2020, Item #3
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, approved extending the emergency declaration during regularly scheduled meetings on April 7, April 21,
May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1 and September 15, 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
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 ATTACHMENT A October 6, 2020, Item #3
Resolution 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 tosafeguard 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 October, 2020 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Vaida Pavolas, CMC, City Clerk
s of6 October 6, 2020, 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 Proclamationand Presidential Declaration of Emergency, to the Governor of California forconsideration and action.
PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway
this 13th day of March 2020.
Director of Emergency Services
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