HomeMy WebLinkAboutResolutions - No. 2020-118RESOLUTION NO. 2020-118
A RESOLUTION OF THE LODI CITY COUNCIL
REAFFIRMING THE RATIFICATION OF THE PROCLAMATION OF
THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF
LODI CONCERNING THE CONTINUED EXISTENCE OF A LOCAL
EMERGENCY AND EXTENDING THE CONTRACT AUTHORITY OF
THE CITY MANAGER FOR SERVICES AND GOODS RELATED TO
THE LOCAL EMERGENCY TO $250,000
WHEREAS, Government Code Section 8630 and Lodi Municipal Code Section
2.32.060 authorizes the City Manager as the Director of Emergency Services to proclaim
a local emergency under certain circumstances if the City Council is not in session, and
provides that the City Council shall ratify the proclamation within seven (7) days
thereafter; and
WHEREAS, an outbreak of Novel Coronavirus Disease (COVID-19) has spread
throughout numerous countries and across the United States; and
WHEREAS, COVID-19 is an infectious disease that causes respiratory illness,
and in some cases can result in lung lesions and pneumonia. Experts believe that a
large majority of those infected will have mild cases that often resemble the flu; however,
some will have more serious symptoms requiring hospitalization, particularly individuals
who are elderly or have underlying chronic health conditions or immunodeficiency; and
WHEREAS, it is imperative for the City to continue to prepare for and be in a
position to respond to suspected or confirmed cases of COVID-19 to implement
measures to mitigate the spread of COVID-19 within our community, and prepare to
respond to an increasing number of persons requiring medical care or hospitalization;
and
WHEREAS, on January 23, 2020, the federal Centers for Disease Control and
Prevention (CDC) activated its emergency response system to provide ongoing support
for the response to COVID-19 in the United States; and
WHEREAS, on January 31, 2020, the Secretary of the federal Department of
Health and Human Services declared a public health emergency in the United States of
America to aid the nation's healthcare community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed
a State of Emergency in California after making a determination that:
1. The conditions caused by COVID-19 are likely to require the combined
forces of a mutual aid region or regions to appropriately respond; and
2. Local authority is inadequate to cope with the threat posed by COVID-19;
and
WHEREAS, on March 11, 2020, the World Health Organization declared Novel
Coronavirus Disease (COVID-19) a "public health emergency of international concern"
and referenced the event as a pandemic; and
WHEREAS, on March 12, 2020, San Joaquin County Public Health Services
(PHS) declared a local health emergency pursuant to Health & Safety Code Section
101080; and
WHEREAS, on March 13, 2020, the President of the United States of America
declared a National State of Emergency in response to the spread of COVID-19 within
the United States; and
WHEREAS, Lodi Municipal Code Section 2.32.050 designates the City Manager
as the Director of Emergency Services for the City of Lodi; and
WHEREAS, Lodi Municipal Code Section 2.32.060(A)(1) authorizes the Director
of Emergency Services to proclaim the existence or threatened existence of a local
emergency in the event the City Council is not in session; and
WHEREAS, Lodi Municipal Code section 2.32.020 defines an emergency to
"[T]he actual or threatened existence of conditions of disaster or of extreme
peril to the safety of persons and property within this city caused by such conditions as
air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions,
including conditions resulting from war or imminent threat of war, which conditions are
or are likely to be beyond the control of the services, personnel, equipment and
facilities of this city, requiring the combined forces of other political subdivisions to
combat. It shall not include nor does any provision of this chapter apply to any
condition relating to a labor controversy." and
WHEREAS, on March 18, 2020, the Lodi City Council ratified the Proclamation
of the existence of a local emergency issued by the City Manager in his role as the City's
Director of Emergency Services on March 16, 2020 at 8:00 a.m.; and
WHEREAS, on April 15, 2020 and May 6, 2020, the City Council reaffirmed the
ratification of the proclamation as required by the Government Code; and
WHEREAS, as of May 28, 2020, there have been a total of 834 confirmed cases
of COVID-19 in San Joaquin County, an increase of 62 cases between May 23 and May
27; and 34 fatalities (an increase of just over 30% in the last 23 days), and continued
evidence of community spread, with the number of confirmed cases anticipated to
continue to increase; and
WHEREAS, San Joaquin County is currently in Phase 2 of the State's Pandemic
Roadmap to Recovery Plan, and San Joaquin County Public Health cautions that there
continue to be infections and deaths at a rate in San Joaquin County that necessitate a
firm and carefully planned and managed response as the California economy is
reopened; and
WHEREAS, the Lodi City Council does hereby find that the aforesaid conditions
of extreme peril warrant and necessitate the continued existence of a local emergency.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
reaffirm the ratification of the City Manager's Proclamation of the existence of a local
emergency issued in his role as the City's Director of Emergency Services on March 16,
2020 at 8:00 a.m., attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED by the Lodi City Council that, until the local
emergency is terminated, the powers, functions, and duties of the City Manager/Director
of Emergency Services and the emergency organization of the City of Lodi shall be
those as prescribed by State law and the ordinances, resolutions, and approved
emergency services plan of the City of Lodi as determined by the City Manager/Director
of Emergency Services within the National Incident Management System; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby reaffirm the
approval of an increase in the City Manager's contracting authority for services and
goods related to the City's response to the local emergency resulting from the COVID-19
pandemic, to a maximum amount of $250,000 from the current maximum of $20,000, for
the duration of the local emergency; and
BE IT FURTHER RESOLVED that the Purchasing System set forth in Lodi
Municipal Code Chapter 3.20 is suspended for the duration of the local emergency as to
the purchase of goods and services related to the City's response to the local
emergency resulting from the COVID-19 pandemic; and
BE IT FURTHER RESOLVED that disclosure of the purchase of goods and
services in an amount over $10,000, and related to the City's response to the local
emergency resulting from the COVID-19 pandemic, will be submitted to the City Council
concurrent with the Council's reaffirmation of the ratification of the Proclamation
declaring the existence of a local emergency. State law requires that the City Council
ratify the Proclamation every thirty (30) days hereafter until the local emergency is
terminated.
Dated: June 3, 2020
I hereby certify that Resolution No. 2020-118 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held June 3, 2020, by the following
vote:
AYES: COUNCIL MEMBERS - Chandler, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
Approved as to Form:
JAN E D-MAGDICH
City Atforney
2020-118
PAMELA M. FARRIS
Assistant City Clerk
E& wu
Proclamation of the Director of Emergency
Services for the City of Lodi Finding the
Existence of a Local Emergency (COVID-19)
WHEREAS, an outbreak of Novel Coronavirus Disease (COVID-19) has spread
throughout numerous countries and across the United States of America; and
WHEREAS, COVID-19 is an Infectious disease that causes respiratory Illness, and in
some cases can result in lung lesions and pneumonia. Experts believe that a large majority of
those infected will have mild cases that often resemble the flu; however, some will have more
serious symptoms requir ng hospitalization, particularly individuals who are elderly or have
underlying chronic health conditions or immunodeficiency; and
WHEREAS, it is imperative for the City to prepare for and be in a position to respond to
suspected or confirmed cases of COVID-19 to implement measures to mitigate the spread of
COVID-19 within our corrmunity, and prepare to respond to an increasing number of persons
requiring medical care or hospitalization; and
WHEREAS, on January 23, 2020, the federal Centers for Disease Control and
Prevention (CDC) activated its emergency response system to provide ongoing support for the
response to COVID-19 In the United States; and
WHEREAS, on Jaluary 31, 2020, the Secretary of the federal Department of Health and
Human Services declarec a public health emergency in the United States of America to aid the
nation's healthcare community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a
State of Emergency in California after making a determination that:
1, The condit ons caused by COVID-19 are likely to require the combined forces of
a mutual aid region or regions to appropriately respond; and
2. Local authority Is inadequate to cope with the threat posed by COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared Novel
Coronavirus Disease (COVID-19) a "public health emergency of international concern" and
referenced the event as a pandemic; and
WHEREAS, on March 12, 2020, San Joaquin County Public Health Services (PHS)
declared a local health emergency pursuant to Health & Safety Code Section 101080; and
WHEREAS, the City of Lodi activated Its Emergency Operations Center (EOC) effective
9:00 a,m. on March 12, 2020; and
WHEREAS, on March 13, 2020, the President of the United States of America declared
a National state of emergency in response to the spread of COVID-19 within the United States;
and
WHEREAS, as of March 13, 2020, there are eight (8) confirmed cases of COVID-19 in
San Joaquin County and some evidence of community spread; and
WHEREAS, Lodi Municipal Code Section 2.32.050 designates the City Manager as the
Director of Emergency Services for the City of Lodi; and
WHEREAS, Lodi Municipal Code Section 2.32.060(A)(1) authorizes the Director of
Emergency Services to proclaim the existence or threatened existence of a local emergency in
the event the City Council is not in session; and
WHEREAS, Lodi Municipal Code section 2.32.020 defines an emergency to mean:
"[T]he actual or threatened existence of conditions of disaster or of extreme peril to the
safety of persons and property within this city caused by such conditions as air pollution, fire,
flood, storm, epidemic, rat or earthquake, or other conditions, including conditions resulting
from war or imminent threat of war, which conditions are or are likely to be beyond the control
of the services, personnel, equipment and facilities of this city, requiring the combined forces
of other political subdivisions to combat. It shall not include nor does any provision of this
chapter apply to any condition relating to a labor controversy."
NOW, THEREFORE, THE UNDERSIGNED HEREBY FINDS, DETERMINES AND
DECLARES that:
1. The federal Centers for Disease Control and Prevention (CDC) announced on
February 25, 2020, that community spread of COVID-19 is likely to occur in the
United States; and
2, San Joaquin County Public Health Services (PHS) declared a local health
emergency pursuant to Health & Safety Code Section 101080 on March 12,
2020; and
PHS's devaration finds that there is an ongoing risk and likelihood of additional
COVID-19 patients being Identified in San Joaquin County; and
4. As of Manch 13, 2020, PHS confirmed eight (8) cases of COVID-19 in San
Joaquin County and found we are now seeing some evidence of community
spread; and
5. The City of Lodi City Council is not now in session.
NOW, THEREFORE, BASED ON THE FINDINGS AND DETERMINATIONS ABOVE,
THE UNDERSIGNED HEREBY PROCLAIMS that a local emergency now exists throughout the
City of Lodi caused by an outbreak and community spread of COVID-19 in San Joaquin County,
BE IT FURTHER'ROCLAIMED AND ORDERED that during the existence of such local
emergency, the powers, functions and duties of the emergency organization of the City of Lodi
shall be those prescribed by state law and local ordinances, resolutions, and approved plans of
the City of Lodi.
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Dated: March 18, 2020 -•
Time; 8;00 a.m.
5 pl�ra.Sci� �baue
Director of Emergency Services`
This proclamation is subject to ratification by the City Council within seven (7) days and is
subject to reaffirmation every 30 days thereafter until such local emergency Is terminated.
A provers as to Form:
,}ani Magdich
City Attorney