Item 2 - Resolution Finding and Declaring End to COVID-19 Emergency in City of PowayDATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
February 21, 2023
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief ru
Jeff Chumbley, Fire Chief
(858) 668-4461 or jchumbley@poway.org
CITY COUNCIL
Resolution Finding and Declaring an Emergency Within the City of Poway No
Longer Exists Due to the Novel Coronavirus (COVID-19) Global Pandemic
The Novel Coronavirus (COVID-19) global pandemic had an impact to economic and social segments
of the United States. Federal, state, and county directives, mandates and orders to manage COVID-
19 have subsided to the point of a local state of emergency no longer being required, necessary, or
appropriate. 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. Based on a recent announcement by the
State of California that the COVID-19 State of Emergency will expire on February 28, 2023, this staff
report includes a resolution for City Council consideration finding and declaring a local emergency no
longer exists due to the COVI D-19 global pandemic.
Recommended Action:
It is recommended the City Council approve a resolution finding and declaring an emergency within
the City of Poway no longer exists and to allow the local emergency to expire concurrently with the
statewide emergency, effective on February 28, 2023.
Discussion:
The COVID-19 global pandemic impacted business, education, healthcare, military, and social
segments of the United States. Federal, state, and county directives, mandates and orders to manage
COVID-19 have subsided to the point of a local state of emergency no longer being required,
necessary, or appropriate. 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 at each council meeting in 2020, 2021, 2022, and in 2023 through the February
7, 2023 City Council Meeting. The adopted resolution requires the City Council to either continue the
1 of 4 February 21, 2023, Item #2
emergency action or declare the emergency ended at each regular meeting. Based on a recent
announcement by the State of California that it plans to end the COVID-19 State of Emergency on
February 28, 2023, this staff report includes a resolution for City Council consideration finding and
declaring a local emergency no longer exists due to the COVID-19 global pandemic.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
As of February 02, 2023, City costs to respond to COVID-19 are estimated at $1,452,133. These costs
specifically relate to FEMA eligible expenditures. 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 $20,441,896 as of June 30, 2022. Within that 45 percent, $13,227,618 is set
aside for Extreme Events/Public Safety. Although it is difficult to estimate the full economic impact of
the pandemic, staff believes that most of the prior expenditures have been recovered under State
and Federal Disaster programs. Amounts recovered under these programs have been 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.
In addition to using reserves to respond to COVID-19, on April 20, 2020, the City Council approved
$2,000,000 to fund the Poway Emergency Assistance Recovery Loans (PEARL) program for small
businesses. The PEARL program's goal was to offer financial assistance to small businesses located in
Poway by serving as a financial bridge to businesses while they were awaiting state and federal
funding provided in response to the pandemic. Thirty-five loans totaling $1,328,188 were approved
and five loans totaling $198,000 have been repaid in full, two loan recipients began making monthly
payments in January. The total outstanding balance for all loans is $1,127,997. With the anticipated
end of the City's local emergency at the February 21, 2023 City Council meeting, all PEARL loan
recipients have been notified that loans must be paid in full no later than May 23, 2023 to avoid
interest accruing on the loans. In accordance with the loan application documents, loan recipients
opting to make monthly payments will have three years to repay the loans with a 3% annual interest
rate. 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
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
February 21, 2023, Item #2
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FINDING AND DECLARING AN
EMERGENCY WITHIN THE CITY NO LONGER EXISTS DUE TO
THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC
WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway,
commenced on or about January 24, 2020, and created a threat to public health and safety;
WHEREAS, on March 4, 2020, the Governor of the State of California declared the
existence of a statewide emergency based on the COVID-19 pandemic;
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 and based on the state and County of San Diego
declared emergencies, 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 (COVI D-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,
December 7, and in 2022 on January 18, February 1, February 15, March 1, March 15, April 5,
April19, May3, May17, June?, June21, July19, August2, August16, September20,
October 4, October 18, November 15, and December 6, and in 2023 on January 17 and February
7· I
WHEREAS, the Governor of the State of California has announced that the statewide
COVID-19 declared emergency will expire on February 28, 2023; and
WHEREAS, for all the same reasons cited by the State of California in allowing the
statewide state of emergency to expire, the COVID-19 pandemic has subsided to the point of a
local state of emergency no longer being required, necessary or appropriate.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway hereby
finds and declares:
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Resolution No. 23-
Page 2
SECTION 1: An emergency no longer exists within the City as the result of the Novel
Coronavirus (COVID-19) global pandemic, and the City Council hereby finds and declares that it
will allow the local emergency to expire concurrently with the statewide emergency, effective on
February 28, 2023.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the
City of Poway, California on the 21st day of February, 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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