Res 21-008RESOLUTION NO. 21-008
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 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,
and February 2;
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:
Resolution No. 21-008
Page 2
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 16th day of February, 2021 by the following vote, to wit:
AYES: MULLIN, FRANK, GROSCH, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Vai•a Pavol:s, CMC, . Clerk