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Item 3 - Reso to Continue the Existence of a Local Emergency within the City of Poway Due to the Novel Coronavirus & Auth Remote MtgsM EM ORAN DLJ M City of Poway ADDITIONAL MATERIALS (Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the January 18, 2022 Council Meeting) DATE: TO: FROM: CONTACT: SUBJECT: Summary: January 14, 2022 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ Carrie Gallagher, City Clerk U (858) 668-4535, cgallagher@poway.org Item 3 -Adoption of Resolutions to (1) Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic and (2) Authorizing City Council Meetings to be Held Remotely Since publication, Item 3 has been amended to include a resolution authorizing teleconferencing for meetings during the COVID-19 state of emergency pursuant to California Assembly Bill 361. Please refer to the attached revised agenda report. Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 1 of 9 Reviewed By: Alan Fenstermacher City Attorney City Manager January 18, 2022, Item #3 January 18, 2022, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway January 18, 2022 Honorable Mayor and Members of the City Council Scott Post, Interim Fire Chief Scott Post, Interim Fire Chief (858) 668-4462 or Spost@poway.org CITY COUNCIL Resolutions to (1) Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic and (2) Authorizing City Council Meetings to be Held Remotely 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. As part of the response to the COVID-19 pandemic, California Governor Gavin Newsom signed Executive Order N-29-20, which waived physical-presence meeting requirements of the Ralph M. Brown Act (the Brown Act), and authorized local agencies to meet remotely during the declared state of emergency. On September 16, 2021, Governor Newsom signed into law Assembly Bill 361 (AB 361 ), extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic. As a requirement of AB 361, the City Council must consider the circumstances of the state of emergency and determine the state of emergency continues to impact the ability of attendees to meet safely in person. Due to COVID-19 Omicron variant, the attached resolution authorizes the City of Poway City Council meetings to be held remotely. The January 18, 2022 City Council will be held remotely, the public has the opportunity to participate in the meeting via Zoom. Instructions for logging in to the meeting and commenting on agenda items are provided on the City Council agenda. 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 and approve a resolution authorizing City Council meetings to be held remotely. This action requires a four-fifths (4/5) vote of the City Council. 2 of9 January 18, 2022, Item #3Discussion: The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVID-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. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action 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, and December 15. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, and December 7. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. As part of the response to the COVID-19 pandemic, California Governor Gavin Newsom signed Executive Order N-29-20, which waived physical-presence meeting requirements of the Ralph M. Brown Act (the Brown Act), and authorized local agencies to meet remotely during the declared state of emergency. On September 16, 2021, Governor Newsom signed into law Assembly Bill 361 (AB 361 ), extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic. As a requirement of AB 361, the City Council must consider the circumstances of the state of emergency and determine the state of emergency continues to impact the ability of attendees to meet safely in person. Due to COVID-19 Omicron variant, the attached resolution (Attachment B) authorizes the City of Poway City Council meetings to be held remotely. The January 18, 2022 City Council will be held remotely, the public has the opportunity to participate in the meeting via Zoom. Instructions for logging in to the meeting and commenting on agenda items are provided on the City Council agenda. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: As of January 3, 2022, City costs to respond to COVID-19 are estimated at $1,046,044. These costs specifically 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 $20,393,896 as of June 30, 2021, net of the $2,000,000 used from the Extreme Events/Public Safety reserve the City Council approved on April 16, 2020 to fund the Poway Emergency Assistance Recovery Loan (PEARL) program. The PEARL program is discussed in more detail below. Within that 45 percent, $13,179,618 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 3 of9 January 18, 2022, Item #3programs 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 COVID-19, as mentioned above, on April 20, 2020, the City Council approved $2,000,000 to fund the 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 provides loans of up to $50,000 to eligible businesses. As of January 3, 2022, staff has received 80 applications requesting $2,912,165 in loans. Based on staffs review, 35 loans totaling $1,385,326 have been approved and four loans totaling $148,000 have 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. Attachments: A. Resolution Confirming the Continued Existence of an Emergency B. Resolution Authorizing City Council Meetings to be Held Remotely C. Proclamation of Local Emergency Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 4 of9 Reviewed By: Alan Fenstermacher City Attorney Approved By: I c~ City Manager January 18, 2022, Item #3RESOLUTION NO. 22-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, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16 and December 7; 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. 5 of9 ATTACHMENT A January 18, 2022, Item #3Resolution No. 22-Page 2 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 (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 18th day of January, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 6 of9 January 18, 2022, Item #3RESOLUTION NO. 22-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ALLOWING FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS DURING THE COVID-19 STATE OF EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY BILL 361 (2021-2022) WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency in response to COVID-19, pursuant to Section 8625 of the California Emergency Services Act (Article 1 [commencing with Section 8550] of Chapter 7 of Division 1 of Title 2); WHEREAS, on March 11, 2020 the World Health Organization publicly characterized COVID-19 as a pandemic; WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 that, in an effort to confront and contain COVID-19, suspended certain provisions of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; WHEREAS, on September 16, 2021, the Governor of the State of California signed Assembly Bill 361 (2020-2022) ("AB 361") amending the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing during a proclaimed state of emergency when: (1) state or local officials have imposed or recommended measures to promote social distancing and/or (2) the legislative body of the local agency has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code Section 54953(e)(1 )); WHEREAS, AB 361 was chaptered into law as an urgency statute with its effectiveness waived until October 1, 2021, subject to the Governor of the State of California's Executive Order N-15-21 dated September 20, 2021; and WHEREAS, in order to continue holding meetings via teleconferencing, AB 361 requires the legislative body of a local agency to periodically make the findings set forth in California Government Code Section 54953(e)(3). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: 7 of9 SECTION 1: That the above recitals are true and correct. SECTION 2: That the City Council does hereby find the following: (a) A state of emergency has been proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 [commencing with Section 8550] of Chapter 7 of Division 1 of Title 2); and ATTACHMENT B January 18, 2022, Item #3Resolution No. 22-Page 2 (b) The City Council has reconsidered the circumstances of the state of emergency; and (c) The state of emergency continues to directly impact the ability of the members of the City Council to meet safely in person; and (d) State and local officials continue to impose or recommend measures to promote social distancing. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of January, 2022 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 8 of9 January 18, 2022, Item #3PROCLAMATION 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 9 of9 ATTACHMENT C