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HomeMy WebLinkAboutAgenda Report - July 21, 2020 B-02 SMAgenda Item Bw2 &Ja% CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Provide Enforcement Direction to Staff on COVID-19 Public Health Orders in Light of Threats to the Loss of State Funding MEETING DATE: July 21, 2020 Special Meeting PREPARED BY: City Manager and City Attorney RECOMMENDED ACTION: Provide enforcement direction to staff on COVID-19 Public Health Orders in light of threats to the loss of State funding. BACKGROUND INFORMATION: On July 1, 2020, Governor Gavin Newsom issued a letter to California Elected Officials (see attached) stressing the importance of fighting and defeating the COVID-19 pandemic, and emphasized the role of cities and counties to protect their residents by ensuring compliance with state and county public health orders. The Governor further stated that a "local government that refuses to abide by, ensure compliance with, or take action against noncompliance with these statewide public health directives, or that takes action that is otherwise congruent with these directives, could jeopardize their eligibility for state funding." Although not addressed in the Governor's letter, staff understands that an inability to certify compliance with public health orders could also affect the City's ability to qualify for FEMA funding. FISCAL IMPACT: $3,115,287 FUNDING AVAILABLE CARES Act, FEMA funding, County grant, and other State funding, including the Great Plates Delivered program. Attachment r Stephen Schwabauer City Manager �. Janice D Magdich City Attorney APPROVED:: tephen Schwabauer, City Manager OFFICE OF THE GOVERNOR July 1, 2020 Dear California Elected Officials: We are in unprecedented times, and now more than ever we must be committed to fighting and defeating the COVID-19 pandemic as a unified California. Local governments are the backbone of this great state and play a critical role in a core responsibility of government: ensuring the public health and public safety of the people we are elected to serve. State and Local government unity and cooperation will be paramount in containing the deadly COVID-19 disease and recovering from the devastating impacts created by this pandemic. On March 4, 2020, under the authority of the Emergency Services Act, I proclaimed a State of Emergency to exist statewide due to the threat of COVID-19. Early and decisive action in response to the pandemic resulted in a flattened curve, expanded health care and testing capacity, and better public awareness about the simple steps individuals can and must take to reduce the risk of transmission of COVID-19. These actions included imposing a statewide stay-at-home order and a mandatory face covering requirement in certain circumstances. These actions were, and remain, necessary to protect the public health and safety, and to enable a phased and measured approach to re -opening California. Unfortunately, we have seen a recent increase in COVID-19 cases, including a concerning increase in hospitalizations. Everyone in the state must accept and continue to uphold their individual responsibility to help defeat this pandemic. When those responsibilities are disregarded, state and local governments must take action to protect their residents. Cities and counties have the power, conferred by the California Constitution, to take action to protect their residents. This power is instrumental to local government's ability to protect our communities and to help California succeed in its fight against this pandemic. I am calling on all elected officials to remain vigilant in the efforts to protect the health and safety of our communities and, more importantly, to ensure compliance with the state's public health orders and utilize the authorities entrusted in you to protect your communities. GOVERNOR GAVIN NEWSOM • SACRAMENTO, CA 95814 • (916) 445-2841 O In addition to their own powers under the California Constitution, local governments have a broad range of legal authorities available under state statute to enforce requirements associated with this pandemic. As you may know, violation of an order issued under the Emergency Services Act is a misdemeanor. (Gov. Code, § 8665). This includes orders to follow directives issued by the State Public Health Officer. Violating certain health officer orders is also unlawful. (Health & Saf. Code, § 120295.) All peace officers, including county sheriffs and city police officers, are empowered and encouraged to enforce the orders of a local health officer within their jurisdictions. (Gov. Code, § § 26602, � 1601, 101029.) Additionally, when local governments do take action pursuant to their own power under the California Constitution, state law bolsters local enforcement authority: for example, under state law, violation of any city or county ordinance is a misdemeanor unless otherwise specified. (Gov. Code, §§ 36900, 25132.) It is essential that all political subdivisions of the State ensure compliance with public health orders within their communities. The consequences of failing to ensure compliance are dire. These consequences include a surge of COVID-19 cases and fatalities in, or attributable to, carriers in your community, and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts. A local government that refuses to abide by, ensure compliance with, or take enforcement action against noncompliance with these statewide public health directives, or that takes action that is otherwise incongruent with these directives, could jeopardize their eligibility for state funding. Additionally, failure to comply with these directives may result in the impacts of the COVID-19 pandemic lasting longer, with long-term health and economic detriments to your community. I cannot underscore enough just how critical your responsibility is in this unified effort to protect Californians. I have every confidence that together, we will do all we can to help our communities and the State in this great effort. California counties and cities have demonstrated, time and again, their dedication and commitment to preserving lives and protecting property, and it is my expectation that these efforts will continue. Thank you for your ongoing cooperation. Sincerely, Gavin Newsom Governor of California B-2 Kaylee Clayton From: Monica Fritz Sent: Monday, July 20, 202012:49 PM To: City Council Comments Subject: C-17 Dear City Council, I am disappointed to hear that enforcing tyrannical orders that violate our constitutional rights is even under consideration right now. I urge you to dismiss this idea as our small businesses are doing everything they can to survive. Our community Is built on small businesses and each business that closes its doors is a loss to everyone. Our police force needs to focus on real crimes and the 18,000 criminals about to be released from jaill The definition of extortion Is to obtain or withhold money through force or threat. This is exactly what Governor Newsom Is doing to each city and county in our state. Instead of giving into the threats our city attorney and city manager should be preparing a lawsuit for such threats, not encouraging our elected representatives to use our police force to obey the threats. If Mrs. Magdich and Mr. Schwabauer will not uphold the law and demand that you give into extortion, I ask for their immediate resignations. We, The People of Lodi, love our small businesses. We want to shop, eat and use the services that We find necessary. Four months of this is four months too many and right now there is no end in sight. As our elected representatives, we ask that you put your foot down and say enough is enoughl This is our city and it is your job to protect the livelihood of everyone in Lodil Thank you, Monica Fritz B-2 Lodi City Council Members, We at Fitness System humbly ask you to reconsider enforcing the closure and restrictions placed on gyms, and all small businesses, in our beloved town of Lodi. Your citizens are struggling—many small businesses, the heart and soul of the community, are on the brink of closure; the health of the population is declining, for many reasons other than Covid; many citizens are unhappy, some find themselves falling into depression. We have heard this directly from them—and they must be heard. The health club, or gym, serves an important role in individual's lives, but also for the community as a whole. Gyms provide a common place where the goal for everyone is the same—to learn the body through physical exercise and improve one's health. The health club is an air-conditioned environment for health -oriented individuals to assemble and exchange knowledge, ideas, and stories, and freely engage with other people from a diverse group of economic, social classes and backgrounds. The ability to freely exercise and train around others with similar goals has been a staple of a healthy society dating back to ancient Greece and the first Gymnasiums and Olympic Games. Nowadays, we teach our children from a very young age how important physical exercise and health is. There is a reason why high school gyms across the country have their own workout rooms. The gym gives anyone an outlet for extra energy and aggression. Without the gym, many people have no identity. For decades in the United States, publications have ranked the healthiest cities in America, based on factors such as the overall health of its population, attitude toward overall wellness, and access to local wellness businesses (gyms, spas)'. The health of the community is the safety of the community. Now, most of that has been taken away. Gyms have been closed for months; parks are marked off with caution tape; basketball hoops have been removed from public courts. It Is no surprise to us why we have been seeing an increase in anger, violence and destruction in our communities. Recently, throughout the course of the lockdown, we have received countless messages from clients recounting their mental stress, some with severe depression, and relating to us that the gym is the only outlet they have for stress -relief and mental health'. Exercise has also been shown in numerous clinical studies to be an effective (for some the most effective) form of relief from depression and anxietya. This is something that individuals instinctually know— when we exercise, we feel better. Without the option of the gym, many are unable to recreate the necessary physical fitness to keep them strong, physically and mentally. From Anonymous: "The gym is everything to me. It's my mental outlet and what keeps my anxiety controlled. The second you closed I have cried every day and found things to beat myself up over." nuo::uwww.e�.meuiwmer.nom/neartme:r.e¢::,oo-uve-:-e..ra�-:ieeo.weimeuaoao-i Sea Exhibit A � M1tlosl/www ncbl nim n F.yov/omc/MldezIVMCIEJO65B/ From Nathan D: During the periods in which the gym has been open, I have had multiple conversations with people who were depressed and suicidal without an outlet. Upon returning to the gym, they found o new purpose and hope." From Jason: 'The gym means far more than just a way to achieve a beautiful physique. For many of us it is our affordable lifeline to physical and mental health." From Lucas Z: "I've exercised at home, and outside, performing varying workouts to try to meet my mental need for the gym. Nothing came close, and I felt my physical and mental health suffer as a result. Getting back into the gym for the short period it was open improved my life every single day. Please take into consideration that the people that go to the gym do it for much more than to check a box or check in on social media. We do it because it improves our lives in a way that nothing else can." From Jeff: "Being a recovering alcoholic coming to the gym and training with my friends is the most important and therapeutic thing I can do for my wellbeing. The endorphin and hormonal response from weight training can be matched by nothing else." Many of our members want to be heard. Exhibit A will tell you the stories of 30+ people who depend on the gym for their physical and mental well-being. The CDC recommends 150 minutes of "vigorous" exercise weekly as essential for health. It's very clear now, that Covid-19 has been particularly damaging and deadly in people with high blood pressure, diabetes and obesity. These co -morbidity factors are all metabolic disorders, which exercise has been shown to be effective in reducing and eliminatine,s. The inability of the public to exercise has and will exacerbate these underlying conditions. Moreover, physical exercise and its role in strengthening Immune systems cannot be overlooked. Strengthening of the collective immune system of a community is crucial in preventing the spread of communicable diseases among that population. 4 htms,//www.ncbl.nlm.n hem/bwk%N BK2789611 shtiny, /Mww.ncbi nlm. nlhsnv /boo k%N UK 5499461 The health club (gym) is fundamental to the fitness, health and safety of a community. Our aim is to help as many people as possible become stronger and healthier. We are concerned that a significant increase in restrictions upon businesses such as ours, will reduce our ability to serve the community to our full potential. It is imperative that we open these pillars of community fully, so our community population can become healthier and happier. The City of Lodi Mission Statement reads, "The City of Lodi's purpose is to enhance the quality of life for Lodi residents, reflecting our high community standards." The City Council aims to "provide to the citizenry a better, more attractive, and healthier place In which to live." By keeping gyms, and other small businesses in our community closed or heavily restricted, the citizens of this great town are being robbed of that healthier, happier quality of life you swore an oath to provide. We implore you to read the statements of your citizens that follow, and allow us to reopen and rebuild our town, and strengthen the health and will of our people, before it is too late. Respectfully, Sean Covell CEO, Fitness System Health Clubs (See Exhibit A attached) EXHIBIT A 1. Lucas Z "My name is Lucas.... Fitness and self esteem have always been married In my life. When I'm consistently able to push myself in the gym, my self esteem and self love are in the healthiest place possible. As a result, every other area of my life benefits every day. I am motivated, focused, and excited to take on the challenge of each day. I've tried to replicate that result during the quarantine with every other kind of exercise I can. I've exercised at home, and outside, performing varying workouts to try to meet my mental need for the gym. Nothing came close, and I felt my physical and mental health suffer as a result. Getting back into the gym for the short period it was open improved my life every single day. Please take into consideration that the people that go to the gym do it for much more than to check a box or check in on social media. We do it because it improves our lives in a way that nothing else can. Best, Lucas Z." 2. Lauren R. "Working out and the ability to workout in my gym means everything tome. To give my body and mind peace outside of my home is life changing. My mental health has benefitted greatly by having my second home open. I'm a better person when I have the tools to take care of my body. Without working out I am miserable and struggle mentally! The gym is my safe space. - lauren r " 3. Anonymous "The gym is everything tome. It's my mental outlet and what keeps my anxiety controlled. The second you closed I have cried everyday and found things to beat myself up over. I finally decided to pursue the WBFF and without you, I won'tgetthere. Notonly is the gym about aesthetics, but it's what keeps me going. I'm nice to myself and others. Please do what you can to reopen for us." 4. Anonymous "The gym is everything tome. It's my release and my firm grip on sanity. It improves my quality of life and maintains my healthy marriage. It keeps me healthy and strong and maintains a positive self image. It makes me a better dad and husband. I need the pump and the camaraderie that I get in the gym and I can't get that exercising outdoors. It's just not the same. " S. Silas B "Health and Fitness is everything to me!!! 1 come from a family of health problems from diabetes, to lupus , to cancer, high blood pressure and a couple other things... I became a trainer in fitness and nutrition so that I may give my family a fighting chance to live a better life. I told myself if I learn about health and nutrition, I can help my family in the fight against these diseases, and health issues. Soon after I realized just how big of a deal this is, my mission as a trainer is to help people feel better internally, look better, to whatever they may need to build that self confidence and really live out their dreams and goals. And last I truly believe health is wealthl I want people to be able to run with their kids, play with their dogs, and enjoy the many wonderful places this world has to offer, and some of the best places and most beautiful, required good health to really enjoy. Too many people could live better lives, if they were in better health ... and last health also plays a huge role in your mental state, your self confidence, along with stress management and meditation.... so once again health and wealth Is everything to me so that life will be fulfilling because we are able to enjoy it through maintaining good health!" 6. Daniel B. "The gym is my main outlet from the daily stress in my life. I already take medication for my stress, but my daily workouts make it manageable. It gives me a sense of accomplishment everyday. It makes me feel better mentally and physically. Since the gym has closed due to COVID-19, I have gained 10lbs and lost a considerable amount of muscle. My stress has increased dramatically and my overall health has declined. I felt so good for the month that the gym re -opened. I lost Sibs, gained some of my strength back and reduced my medication. I felt like I was getting back to normal going to my second home everyday again. Then it was all taken away again... Our officials believe they are helping by protecting us from COVID-19. But there is a very small chance we will get it. Closing the gyms though is a guaranteed way to slowly diminish our mental and physical well being. If the officials really care about our health and community the can keep the bars closed, but please re -open the gyms." 7. Jordan C. "I joined Fitness System to support our local community. I gym to keep my body healthy. When my body is healthy, my mind is happy. Fitness System is my safe place. A place where I can work on me. A place where I exceed my own expectations. A place where I feel home. Jordan." 8. Mike F. "I'm a shift worker(one of the people who keeps the lights on) so I'm having to come & go at all hours. I try not to disturb my family at all hours of the day & night by working out while they're sleeping so the gym comes in really handy for this. I can take a gym bag to work or to the gym & exercise before or after my shift. I can stagger my fitness schedule to maximize my family time as well. Since the lockdown started, I've been stuck in a control room for a min of 12hrs every day I'm scheduled with no ability to work out. Its been devistating on my body as I've gone from a fairly strong 210lbs to a flabby 226lbs. I make an attempt to workout at home or walk & jog my neighborhood but the results are FAR from ideal. I'm going to state that there's others like myself at work who, do to our rotating shift schedules & family lives, are unable to stay healthy under the current conditions. We are also the same people keeping your lights on & water flowing. Thank you for your time, Mike Farrell Senior Water & Power Dispatcher 9. Cassle H. "Being able to go to the gym is very vital to my lifestyle. Between 2018 and 2019 1 lost over 100 lbs through diet and exercise after being morbidly obese and battling depression most of my adult life. I began working out in a gym oct. 2018 and it changed my perspective and my mental health for the better 100%. Being surrounded by like minded people who support your goals and lead the same active lifestyle, to encourage you and cheer you on is so important when trying to make a change to better yourself and overall health. The gym is my happy place, the 1 hour a day when I disconnect from all of the stress In life and work on myself, for myself and brings me so much mental clarity. I have formed many important relationships in the gym that have helped me become the person I am now. My gyms are affected by these recent government shutdowns as well and my personal business as an independent hair stylist that I have built on my own for the last 13 years. This is the second time in 4 months we have been forced to close our doors and wonder how we are going to build our businesses back up and feed our families while trying not to lose everything we have worked so hard for in the process. My heart goes out to all the small businesses that have been forced to close and have not been deemed "essential". Self care is very much essential for physical health but above all mental health at a time like this. Cassie Herman" 10. Nathan D "I would like to take a moment to thank you for allowing an outlet to workout. I think that an indoor gym is an integral component of mental health during the quarantine. Personally, I have experienced a different level of stress release from working out in a full gym. Before the availability of the gym, I was working out in my backyard and running outside. This was okay. However, this type of workout is limited due to the length of time it takes to complete a workout. As an essential worker, I do not have the option of selecting any time of the day to workout. Furthermore, evenings can be too hot to provide healthy workout solutions. I simply cannot be as efficient in an outside environment as I can be inside. During the periods in which the gym has been open, I have had multiple conversations with people who were depressed and suicidal without an outlet. Upon returning to the gym, they found a new purpose and hope. Our independent gyms are under attack. If they fold, I do not see a viable option for filling their massive footprint. Not only will taxable income be diminished, the space will most -likely be repurposed to a less efficient and perhaps unoccupied space. The news provides a constant weight of negativity. I personally feel that the American way of life which I fought for while in the Marines is blatantly under attack. In addition, I feel that Newsom is acting out his political ambitions by slowing the economy. I believe that businesses can exercise common sense and prudent protocol to help slow the spread of COVID. I believe that this second quarantine is nonsense. Frankly, I will be disappointed if our City Council does not stand up for its residents and chooses to cow instead to state Interests. I understand that Newsom is threatening state funding. I am interested in what percentage of the budget is comprised of this funding. Perhaps independence from the state would allow greater freedoms and is not worth the cost... I encourage legislators to make the right choices on behalf of their constituents and weigh the consequences for action or inaction. Regards, Nathan Dellinger" 11. Anthony 5 "The gym is where I go to find my peace and my alone time from a long days of work or a stressful day. The gym is life outside of life, what I mean by that is it's where I go and think about things, my day and just let out frustration out, its therapy for me, besides that it keeps me in shape and motivates me to get to new points in my life like, getting healthy, motivating me to eat healthier and setting a new goal of fitness like bulking or cutting the gym is an essential to everyone due to health problems we need the gym to overcome them, or mental illnesses that keeps our mind clear. " 12. Jason 5 Like many others, I am faced with the stresses of adulthood; bills, work, family, and maintaining my health, both physically and mentally. Two places that have always been a shelter from daily struggles have been church and the gym, both of which have been closed The community that church provides brings a sense of comraderie and reminds us we are not alone. In a very similar way the gym showcases people who are striving for self improvement and creates an environment of shared struggles and mutual accomplishment. Just as prayer can offer us a direct line to our creator, the moments of solitary focus we experience in the middle of a lift help push aside the burdens that were previously paramount. These venues are especially important for mental health as church is free and gym memberships are affordable. To seek mental health only through government sanctioned telehealth with a mental health expert would cost more for one hour of therapy than an entire month of the gym. I have heard over and over, "why not just workout at home?" I find this suggestion unhelpful for a few reasons. First of all, I do. Many of us do. Those of us who are dedicated to our health know the importance of a healthy body to promote a strong immune system and reduce our risk of sickness and disease. But working out at home is by no means comparable to working out at a professional facility. Many of us can't afford gym equipment. And for those who can we are finding it near impossible to find equipment to purchase because the stores are sold out. Second, it is summer. Maybe going for a jog outside wasn't such an issue in March but now it is regularly in the 90s or 100s and it isn't safe for some people to exercise in extreme heat. And for those of us that live in West Sacramento we are also sadly aware due to the homeless and mental health crisis in our community even in cooler whether going for a walk or a jog isn't always safe. Especially compared to the safety and comfort of a staffed and climate controlled gym. Finally, the gyms are clean. Have the members of the city council or public health departments visited them? Are they aware of the constant cleaning protocols, social distancing implementations, and readily available sanitizing products for patrons to use? I would also be curious If a single facility screening has been performed to check for surface cleanliness. To declare a facility as unclean without actually swabbing and checking for presence of the virus seems a bit like guilt without due process. I regularly go to grocery stores where people pick up food products and put them back on the shelves as well as use the self checkout kiosks and nobody sanitizes the touched products or kiosk screens and buttons. This means that I can go to a business that will sell me junk food and alcohol with unsanitized surfaces but I can't go to a gym that will naturally and holistically improve my health and has thoroughly sanitized surfaces. The gym means far more than just a way to achieve a beautiful physique. For many of us it is our affordable lifeline to physical and mental health." 13. Brooke M "The gym is not only a place for socializing, but it also is very crucial for my mental health. It is a resort where I go to, to escape reality and just get lost in my workouts. I feel at home when I'm at the gym. Everyone at the gym is happy, In a good mood, and It's overall a positive atmosphere. During these hard times, i feel its the most important outlet and resource for myself and others can go to. The gym is essential for so many reasons, not just my physical health, but my mental health like I said. I prefer to workout indoors because 1. its 100 degrees outside, and 2. they keep the gym sanitized, and the majority of people wipe down their equipment after use. Majority of the people i know at Fitness System has respect for the gym and look after it. It's not rational to bring every piece of equipment outside. People can get a heat stroke potentially and pass out, rather than being in a huge open facility where its clean, safe, & cool. Another thing, NOBODY workouts out closer than 6 feet to each other anyways. We're all working to become healthier and i really hope you don't take that away from us. - Brooke McGee" 14. Jeff D. "Being a recovering alcoholic coming to the gym and training with my friends is the most important and therapeutic thing I can do for my wellbeing. The endorphin and hormonal response from weight training can be matched by nothing else. There is something seriously wrong with community when It's!IlegaIto wa I into Church, an AA meeting or a health club, but you can go to a liquor store, a pot store or a cigarette store and buy and consume all you want. Thank you for letting me voice my concern." 15. Jodi L. "My husband has lifted weights since high school. Hes always been athletic, always played sports and always has been a gym member somewhere. I moved around a lot as a kid, never really got into sports and never worked out. After a few rough years, and some bad family stuff, the stress got to me and I had put on some weight. My husband talked me into signing up at Fitness Systems and we started going. I knew I loved how I felt, stronger month after month and I even lost some of the weight I had gained over the years. My husbands overall health has improved. Enough that even his Dr.s have taken notice. I've been back and forth at the gym over the years and there is a noticeable difference when I'm going regularly vs when I'm not but I didn't know how much I needed the gym until the pandemlc closed them all down completely. My mental health suffered, one more part of my weekly routine gone, new stressors and no way to release the anxiety of the world events. I tried to work out at home, plan social distancing walks with friends but It wasn't the same. I didn't have the same motivation or drive and I didn't get the same rewards as a hard workout in the gym. I understand and respect the need to protect our most vulnerable citizens. I follow the rules, In public and avoid going out if I don't have to. Even when things started opening up, I didn't rush out for the pedicure that was my monthly treat to myself (and I desperately needed), or to get a hair cut or any other unessential service that I enjoyed pre -pandemic. My first stop was Fitness Systems. A month later, as things are shutting down again, I've still not been shopping, out for a hair cut or pedicure, only to the gym. It is essential, for physical and mental health for both me and my husband. Thank you for fighting for our right to stay healthy in the way that works best for us. The Savala Family" 16. Heather C. "Fitness System is my sanctuary. When the shut down happened I started having anxiety attacks. The kind where you hit the floor, head cloudy and it feels like someone is sitting on your chest. It prevents me from doing my job and being there for my family. When Fitness System opened I finally figured out why this was happening. During the shut down I felt uncomfortable anywhere I went outside of my home. At the grocery store people jump out of your way. If you enter the wrong door or If someone doesn't like how you wear your mask people yell at you... When Fitness System finally opened I went and felt overwhelming calmness because I was finally comfortable. No one was judging, glaring, or complaining, we were like-minded and others did not concern themselves with me. I didn't want to leave that day because I missed that feeling of comfort. I have made multiple efforts to obtain therapy during the shut down and the therapists are booked solid. This gym is my sanctuary. I originally joined years ago to get away and be alone while I was in a toxic marriage. I need a gym for my mental health, there's no question. -Heather Cornelia" 17. Rob T. 1. Physical Health and Wellness: I've been working out regularly since December 2018. Just prior to that date, I'd been experiencing consistent chest palpitations that sent me to the ER several times in 2018. 1 sought help from doctors, wore a heart monitor, went through a heart stress test, and an echocardiogram (and I'm only 44 years old l). Even though all tests results showed that my heart was healthy, I continued to experience the chest palpitations. All of that subsided when I began losing weight and working out. For the entire year of 2019, 1 lost 60 pounds and experienced no chest palpitations. Fast forward to March 2020 -1 remained consistent with my workouts and continued to reap the health benefits - sleeping well, no chest palpitations, robust energy, new body strength. Then we were forced out of the gym: by the time June 2020 rolled around, the chest palpitations had returned, my sleep patterns were awful, and my body weight began creeping back up. For the few weeks that I was able to return to the gym in June 2020, the chest palpitations subsided, my better sleep routine returned, and my weight gain has turned into weight loss. 2. Mental Health and Wellness: The focus and drive that I've achieved during my time working out at the gym has surpassed any other time in my life. I've been fortunate and blessed to have a great career, both academically and professionally. but having the opportunity to push my body at the gym has brought an entirely new level of mental focus and discipline. I've seen growth in my professional and personal life because of my gym life: helping me to better relate to family, friends, and colleagues; helping to me recognize how fleeting life can be, causing me to cherish every moment and day; and helping me to grow in confidence as I prove I can set goals and meet them. The gym has given me focus that was otherwise dormant and stagnant. 3. Social Health and Wellness: The gym is my happy place. Over the past few months of quarantine, I've been stuck in an isolated, seriously depressed state. I consider myself one of the fortunate few that still has a job and am able to remotely connect with my coworkers. Simultaneously, I'm surrounded by a loving family. But the lack of my gym routine put me in a really bad place. I found myself retreating into my own mind, sleeping too much, watching too much N, and not interacting with others as much as I should. Routines can either be a gift or a curse: good habits make us well, bad habits ruin us. I'm fortunate: I found my good habit and it's at the gym. The gym routine sets my day up for success, gives me a predictable schedule, provides real-time feedback, and satisfaction, whether I win or lose. The gym is so much more than just a place to lift weights. For many of us, it's the central part of life that we live, work, and play from. The gym gives so much more than physical growth, it's a place to aspire and dream, to set goals, achieve them, and then keep going. It's a place to chase the improbable. Finally, the gym is the place where examples of community health and wellness are set. Despite all that is happening in the world around us, it's people at the gym that are there to make things better. We look out for one another, ready to give a spot to whoever needs it, cleaning as we go, taking care of ourselves physically and mentally. We listen to our bodies, give proper fuel and rest as needed, take precautions where necessary, champion the underdog, all with an effort to be back at it tomorrow. For us that don't have the resources or room for heavy equipment or machines, the gym gives us the opportunity to do things we normally couldn't. The best thing the State of California, the County of San Joaquin, and the City of Lodi could do to combat the Corona Virus (or any virus for that matter) is reopen the gyms. These are some the reasons that I love the gym. Take care, Rob Tipton" 18. Kiarra S "What the gym Is to me.................my rock, I have to sum it up. The gym is my safe haven, it's an escape from everything to work on my mind body and soul. To some of us the gym is really all we have. I moved to Cali from Virginia because of the military and I literally have no family here. When I walk into fitness system you all are my family. It's so much more than just a gym or the gym is so much more than a place I go to work on my physique. I depend on my gym (Fitness system) for physical growth, mental growth and emotional growth. It sets the tone when I workout in the morning and It helps me release the stress of the day when I workout at night... This place is my outlet. Fitness system is my Virginia (home) here in Cali. I love you all and I hope we're back together soon." 19. Anonymous "Ive been a member of fitness system since 2012! 1 come to the gym for my health but mostly for my Mental healthl I work in a busy stressful clinic in the hospital. I come straight after work and De stress for an hour so I can come home and be renenergized both mentally and physically for my mom duties... I didn't realize how much the gym was a big part of my mental health dealing with stress, anxiety until the shut down... " 20. Anonymous "The gym helps release endorphins and release stress. Its a form of mental health and it helps with depression." 21. Anonymous "I began training in gyms when I was 15. 1 was malnourished, weak, and weighed 98lbs. I was so unhealthy that my parents were extremely worried. I gained 50 pounds in the first year. I fell in love with weight training immediately and have trained consistently for the last 17 years. I have trained through all of the ups and downs of my life. When I have a break up, I fall back on the gym. When I have a loved one pass away, I fall back on the gym. The gym is my medication. I am introverted and do not have a desire to go outside and exercise on a regular basis. I need the environment of a gym like Fitness Systems as an antidote to the chaos and struggles of life. Some people may take antidepressants or anxiolytics. I train at the gym. Without the gym I am struggling because my antidepressant has been pulled cold turkey. I need to exercise at the gym as opposed to outdoors because training with weights is what I fell in love with. The positive feelings and fresh outlook that I get from it are unparalleled. Feeling the blood rush, the muscles swell, and the endorphins release is one of the most satisfying feelings that I have found in this life. Please consider the unintended consequences of not allowing people to exercise and strengthen their immune systems, bodies, and mindsets alike. For me, Health clubs are one vital component of a healthy lifestyle, just like nutritional quality, hydration, sleep and stress relief." 22. Michael C "Health is not only a lifestyle choice It's not to be mistaken as a fad it never goes away. Stress and depression breeds disease will be the end of us all in a way those who exercise choose to fight to keep there health and well being alive. The gym is somewhere I can came to to escape and de -stress while working on myself physically. On top of that Fitness system follows the COVID based rules more than Walmart, Target, ect.. This hands down is the best place to train EVER." 23. Michael K. "Stroke December 20th 2018. Hospitalized 10 days. Couldn't walk, seeing double, numerous side effects ; loss of appetite, depression, anxiety, digestive issues are a few. A day after being released from hospital my son drove me to the gym with his help and use of a walker I began my rehabilitation in a stable climate controlled environment free of the challenges of the elements. Cold, heat, rain. The unsafe sidewalks and other tripping hazards and physical threats of criminals that I would encounter in the an outdoor environment. The gym provides a safe stable environment to do the work necessary for rehabilitation physically and mentally that I could afford no where else. Over the next year I progressed from a Walker and doing seated rope pulls to being able to walk on a treadmill, the use of all equipment. Able to return to work at my old job which the Neurologist said was not likely. Through diet,exercise specialized equipment and the safe stable environment only the gym can provide was I able to change my condition. It never stops, the gym continues to provide the essential needs for me to maintain my physical and mental health that is a never ending task for me and others in a safe stable environment free of the distractions and hazards of working outdoors. Most of us cannot afford or have the means to have what the gym offers. Those who are wealthy can afford to build a well equipped climate controlled home gym, but that's not the case for working class people. Government talks about protecting our health but do things to the contrary. In closing. Local gyms are essential to the physical and mental wellbeing of the public, without them I couldn't have made the continued progress In reaching and maintaining a healthy lifestyle that I have today. The limitations have set me back mentally and physically. Before the lockdown my blood pressure was in check felt great physically and mentally, that is no longer the case. I cannot take blood pressure medications the adverse effects are devastating to me physically. If there was anything essential for ones health it's the ability to go to the gym as needed without restrictions in a safe stable environment with all the equipment and resources to reach and maintain a healthy physical and mental condition... You provide essential services no different than a health care provider or any other place that provides health and wellness to the public. It's amazing to see liquor stores open and deemed essential but not gyms. Michael Kirchner" 24. Anonymous "The gym and a healthy lifestyle has been my rock and my saving grace all of my life beginning in my teens. Coming from a broken home where both of my parents committed sucicide when I was at an early age, I struggled with severe depression and dysfunctionality. If I had not found the gym, and used it as my stress release and my anchor in life, I would have surely done what my parents had done, and I would not be here today. Along my life journey through graduating from UC Berkeley, without any family assistance, and going on to become an operations manager for a fortune 500 company for 25 years, the gym continued to be the vital mental, physical, and social environment that acted as the glue to hold me together. Coming upon my 62nd birthday, married to my wonderful wife of 19 years, and readying for retirement, the gym and it's interactions playa critical and vital role today in maintaining a positive life outlook, excellent health, (with zero medications), and continues to keep me strong, driven, and upright as a human being in our presently chaotic and stressful world of Covid-19 and the economic and emotional challenges which we all face. I cannot overstate the benefits of regular access to an indoor fitness center with like- minded people, all pushing for a common goal of health and sanity. It is my/our sanctuary.. Best regards, Anonymous Proud member of Fitness Systems Health Clubs You may use this conversation as needed for the common cause of many, many people." 25. Anonymous "Working out has helped me in a lot of ways. I injured my shoulder where I didn't have full range in motion. My trainer Nicole McBride. Brought me to your gym to work on It and ... I have full use 11 Still have to continue to get full strength . Per my Dr. I must continue. I have recently lost my parents and losing them has made me depressed . Having this gym to get my workout in gets me out of my funk 1 So yes I need this gym. To help keep my quality of life . My sanity and my stress relief. " 26. Felipe G. "My name is Felipe Garcia I'm 26 years old and I'm an addict/ alcoholic with barely a couple years of sobriety under my belt before the pandemic shut down my A.A. meetings, and the gym. The two main keys to my sobriety. I have emotional ties to fitness system. I've been going to Lodi's location way before it was even a gym! As a child I would go to the skating rink that used to be there and I always knew once I entered those doors I would come out I guess you could say "fixed". As I got older I started looking for my "fix" in other places . Some of them being drugs and alcohol. In my picture that pops up when 1 scan my card there's a nice reminder waiting for me, just to see what happens when I decide to do things in my own and no longer put my trust into the process. I'm sitting now writing this message with 17 days of sobriety. I lost. I took the first drink. Fortunately I didn't lose as much as I had before and I have my health my home and my career. Although I will say that like me there are millions of people who are told to stay home and stay safe. I feel like I have no control over my life right now. I must now trust the new process. I do hope that moving forward there will be a greater understanding of the mental issues that many people deal with. I may not feel COVID but at a certain point I catch myself thinking I might as well. I'm in a good place in my mind today thank God. " 27. Anonymous I work 6 days long hours, and The gym is the one place I look forward to going to everyday after work. It is the one place keeping me sane and When I am there I forget about everything that's going on. fitness is very important to me because I use to be over 200lbs and that was the most depressing time of my life. I don't want to go back and without the gym I'm afraid I will go back to that unhealthy lifestyle. I always have fun being at the gym, It's my happy place and I'm Thankful to be a member to a gym that's trying their Vbest to stay open for usr 28. Anonymous For me. The gym helps my mental health as much as physical health. Especially recently I've needed the gym, I dislocated AND broke my shoulder in May, and not having access to a gym has impeded my recovery, which means I had to pay for more physical therapy because insurance only covered so many. A slow recovery also impeded my ability to return to work(back now thank god) but weeks behind of where I could have been had I been able to get into the gym and do strength and resistance training as well as utilize the sauna for stress and muscle stretching 29. Anonymous 30. I am a healthcare worker. I work the Covid floor at my hospital. In the last few weeks, I have had 4 patients die plus 2 coworkers the from Covid. The gym is my stress release. It is my break away from all the crap going on. Also, I am trying to keep a healthy lifestyle to try and keep me from getting sick at work. I've had coworkers tell me they were so happy but surprised I haven't gotten sick since I've been in the middle of all this for months now. I explain to them that I eat pretty healthy and I stay In the gym. I have kids I need to stay healthy for. I have my husband I need to stay healthy for. My career revolves around taking care of people, so I need to be sure I take care of myself especially since it has been so stressful. The gym is how I destress and how I help myself maintain a healthy life. 31. Anonymous Gym is life to me. My hole day Is planned around my gym time. It's the sale thing that completely belongs to me! Work, family is shared time or doing for others. That hour in the gym in ALL my time!! My sanctuary. It makes me a better person. Mentally & physically. In order to operate at you best you have to be physically capable. It keeps me mentally in the right place if that makes sense?? I've been boxing since my late teens so gym Is life to mail If you take the gym from me? Your taking everything! My daily routine for the last 30 year: of my life. Also taking family time too. My son & 1 have a standing 7:15 appointment every Saturday morning to deadlift. We don't even speak to one another BUT it's our time??? I appreciate you fighting through this crap! Thank you • guys AIJL 32. Anonymous it's extremely important to me not just to physically stay in shape but as well as for my mental health to decompress. I work in law enforcement and it Is such a priority to keep cops in shape. You don't want someone responding to a call to help you that can't help themselves. As stressful as the job can be the gym is my outlet as well and I can let my stress out by working out and getting a solid sweat going. I have been active my entire life with sports and love working out. Having access to fitness system and being able to workout is a huge part of my life, It's also brought me to meet new friends through my life who I've grown so close to. for some, this may be their only social interaction, we shouldn't be taking that away! I come to this gym daily and need to be able to workout for my self, mental health and career! • 33. Anonymous What the gym does for me. After reaching my highest poingtat I was aware of) of 315 at 5'6 ant 24 years old In 2015 1 quickly went down a black mental hole.I thought I had hit rock bottom before, but no. This was my rock bottom and the might keeping me there was literally nor own. I hated myself and I hated life - to put it bluntly, I was killing myself slowly. I woke up one day and knew I wanted something different. I didn't want to hate life anymore. I wanted to live and leve It. I started small, die[ charges and remold 5-6x a week. I was scared of the mightroom, scared of the gym. Until one day I decided to lust do it. I joined a big name commerciel gym and started teachirg myself how to lift weights. I'd go at times where the gym was emptyish, out of fear of being judged until I was comfortable enough there to just do it. When covid hit and gyms shut dam I had already lost about 140 Its. When my gym closed it sent me into a fear Induced depression.I cried for weeks. I vas terrified far myself. For my progress. For my heath - physical and mental. I continued to workout at home but I made myself sick. Often times going upwards of 14-16 days wit no rest. I fear -worked myself Into exhaustion. Fast forward to about a month ago, I couldn't rake it anymore. I began searching In desperate hopes of finding a gym, or any place with equipment open. I needed to get out of my house, out of my head, out of my fear- and I found you. Fmi System. I am a new member, maybe a month in, and I was accepted with such open arms and Immediately knew I was valued as a member antl cared about genuinely. I was more than e member ID, more than just another person paying her monthly dues. I had a big case of that Inki gym anxiety. I didn't knew any of the members, the staff, Ididn't knew Where the equipment was, and some I had never seen coach. But everyone I've came In contact with has been helpful, caring and extremely amend. Thank you for cad no not lustated your business A profit b.¢ genuinely raring about your mmrAem too. Thank you for cadrg about cur teal heath - physical and mental B drank you for providing a sale (®cleanb place far us to escape our own fears, covid-related and not RECENT STUDY ON TRAINING FACILITIES OPENING cn olvmm�l Nrwsa NDlrs l ate-ettn:: NAM : me RXiv ,:.., BMf YaleDMa�.a med0.xly and bloRniv PEa6a01 anrnenRINrnayleMRMMnnanamn BWl n re ndw h-1 oeemme (11) oprman, Mann RaMomlmd Re.OpmAX ofiraining Facilities tluMrq the C0Vl0-19 .her, qdo it,,, earlon,'. we randomized members le to 6e Wars MOST no COV o 19 pandemic rte M25,ma TRAIN Idly socia. 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Condusla ae Provided good Hygiene antl onall naso.,,. ,octal distancing meaxwer. there axis no Increased COVIO-0 9 spread at naming Mete cancia. fatllitio. u...h Into nart e -?M Kaylee Clayton From: nate dellinger Sent: Monday, July 20, 2020 8:17 PM To: City Council Comments Subject: Special Meeting Comments Council Members, Good evening. I understand that in the morning you will vote on Agenda Item B-2 in a Special Meeting. I do not envy the decision you about to make. These are unprecedented times. Your decision will come down to defending civil liberties and your constituents' Constitutional rights or complying with an unlawful, direct order from the Governor in order to protect state -allocated funds. This is an important decision and a slippery slope. In every instance in which we have traded our liberty for money or favor, we have moved further from freedom and closer to Tyranny. Government does not relinquish control when granted and so this move will move us inexorably toward our loss of liberty. I am touched when I think about the loss of life that has occurred in order to give us this opportunity to taste and preserve freedom. I look at this directive as a unique opportunity. The Governor is exercising and testing our resolve to defend our basic rights. This is a great opportunity to send a message. In addition, we will be reducing our reliance on state funding. The fiscal impact of non-compliance could potentially be $3,115,287 which represents 1.44% of the 2020-21 Budgeted Revenue for Lodi. Has a study been completed to measure the fiscal Impact relating to a second shut down of the impacted businesses? Has that study analyzed the potential for shuttered businesses or businesses relocating to more business -friendly cifies/states? I think it would not be prudent to blindly adhere without first analyzing the long-term impact to the Lodi region. In my observations, the businesses of Lodi have adhered to social distancing protocol, limiting patron numbers, installing protective barriers, and are wearing masks. Businesses are exercising prudent protocols for slowing the spread of the virus. I know you have a difficult decision and I know you will make the right choice in your response. We owe it to the small businesses and our neighbors who are about to lose their livelihood to push back and defend our rights. It is our actions today that will determine Lodi's future. Thank you, Hm" B02 Pamela Farris From: Tom Roehrich - Sent: Monday, July 20, 20204:25 PM To: City Council Subject: Allow allow businesses to stay open Lodi City Council I sincerely hope that this city council will not direct police to enforce business shutdowns. we need to open fully with no restrictions. I understand that the governor is threatening to pull funding for the city if we don't comply. Now is the time to stand against this tyranny. Please do not acquiesce to the dictator ruling our state. People's lives are at stake. Put Lodi before politics. You either stand with Lodi or against it. Please resign if you cannot camy out the will of the people. Thank you, Tom Roehrich Lodi resident Get Outlook for iOS 63 2 Kaylee Clayton From: Theresa Delp Sent: Sunday, July 19, 2020105 PM To: City Council Comments Subject: [SUSPECTED SPAM] No Enforcement Good morning I saw this weeks agenda and saw that our Governor has decided to go after threats to force cities and counties to comply. By taking funding away. Your more worried about losing funding from the Governor than from the citizens your elected by? We elected you to be our voice. Its way past time to start doing that. Several of you have business that have NOT shut down once during this entire thing, Will your be paying our extremely high utility bills since your have decided we are not allowed to work and make our own money. WIII you be paying our rent, mortgages, health care premiums, food act.? Will you be paying the fines out of your own pockets because people NEED to make money to paytheir bills? Our local police have much more important things to do, like keeping the homeless off our parks, businesses and streets Catching the real criminals in action, stealing off the hard working Americans that live here in Lodi. Not finning people for going to a park and allowing their kids to play or a business trying to make money so they can feed theirfamilies and keep a roof over their heads. Its time foryou to stand up and do youjob. Stop this now orwe will remember when your up for elections. We will remember by not supporting YOUR businesses. Thank you, Theresa Delp �-2 Kaylee Clayton From: Douglas Duncan - Sent: Monday, July 20, 202012:48 PM To: City Council Comments Subject: State Funds and Enforcement Please provide the Following: 1. What enforcement actions does the State currently require? 2. Is there any substantive proof that these enforcement actions will benefit our city in any manner other than monetarily? 3. The amount of State Funding that would be lost if no enforcement action was taken? 4. What city operations and functions would be affected by the loss of said Funding and to what degree? S. What amount of funds did the City of Lodi receive during the last shut -down and how were those funds utilized? 6. To What type of oversight would the city be subjected in order to verify "enforcement". Will the gain in State funding offset the city's legal costs if these enforcement actions are deemed unconstitutional ? In Lodi and San Joaquin County; 1. what is the actual number of deaths for which COVID 19, specifically, (not a form of Corona virus) is the actual/primary cause? 2. What is the actual number of hospitalizations that are due to COVID 19, specifically, (not a form of Corona virus), rather than another cause and the patient tested positive for COVID 19- but was asymptomatic? 3. How many COVID 19 patients in Adventist Hospital are actually residents of either Lodi, or San Joaquin County? 4. Has the State, or the County, provided the City of Lodi with figures that differentiate between Lodi patients who died of COVID 19 and patients who died with COVID 19? 5. Has the State, or the County, provided the City of Lodi with figures that State how many COVID 19 patients in Lodi were asymptomatic, how many had antibodies as opposed to an active case of the COVID 19 virus? 6. Do the tests, being administered in the City of Lodi, differentiate between COVIO 19, the antibodies and Corona viruses (in general? 7. Decisions based on the health questions stated above, not the potential for monetary loss or gain, is the only way for the City Council to craft health policies for it constituents. Any deliberations, in which these issues are not the primary factors, are meritless and are a disservice to the citizens of Lodi. Sincerely, H. Douglas Duncan Law Office of H. Douglas Duncan 214 W. Lockeford Street/Lodi, CA 95240 P.O. Box 2388 / Lodi, CA 95241 Office Phone: 209-339-9577 Fax: 209-370-8070 8-2 Kaylee Clayton From: Alex Aliferis Sent: Monday, July 20, 2020 8:54 AM To: City Council Comments Cc: Alex Aliferis Subject: Public Comment for Agenda Item Number B-2 Dear Councilmembers, It seems Governor Newsom used the fust lockdown as a test run. The second time he is threatening cities to pull state funding to the city. What is this funding? Lodi Lake? We can postpone work on Lodi Lake till after Resident Trump is m - elected. We all know how CoVid 1984 will disappear after Tuesday, Nov 3, 2020. I want you to list all funding you receive from the state to the public. We need a public records request right now. Before you vote to enforce small businesses and to fine them while the homeless and criminals are allowed to do what they please on the sneers of Lodi with no jail time, fines, or prison. Heck, someone can walk into Home Depot and legally steal $300 of tools and not get arrested. A downtown Lodi homeless prostitute was arrested and released back to the street within 30 minutes. Now, you want to prosecute small business owners that keep Lodi alive? More people will leave Lodi and California forever after the second lockdown. Are you thinking about you YES vote? WE know three of you will vote to prosecute small business owners. The big 3 will destroy downtown Lodi forever. The big 3 will destroy small businesses. Long term effects of small business going out of business will affect you city finances far more than funding for Lodi Lake. I urge you right now to have some courage and VOTE NO to Enforcement of the lockdowns. VOTE NO! VOTE against enforcement. Mark, Alan, and Doug, who will you do? Alex Aliferis Lodi,CA C3-2 Kaylee Clayton From: Greg Degenstein Sent: Sunday, July 19, 2020 8:11 PM To: City Council Comments Subject: Oral Communications for Agenda Item Number C-17 Do we have any known cases of covid that can be traced to any Salon In Lodi? Salons in general are some of the most sanitized businesses in the city, and that was before the pandemic. We were forced to dose our business for 3 months, putting 13 beauty artists out of a lob. When we returned to business in lune, we followed all the guidelines set forth by the county, Including additional steps we took to assure a safe environment As a result, from lune 1P to July I8s', we have seen over 808 clients and not a single client or artist has tested Positive for Covid. The guidelines, when enforced, works) We are in contact with several other salon owners in Lodi, and all report the same results. The guidelines that were set in April and May for reopening were solid. Shortly after, we allowed protests in our streets, and that sent a message to everyone that we were clear from Covid. 2 weeks after the protests slowed, we started to see a rise in Covid cases. Maybe that is just a coincidence, but you are here today hopefully talking about not lust the physical health of Individuals, but the mental and financial heart of people who work in this city. Every business Is essential to the people working In those businesses. Prior to the pandemic, the State Board of cosmetology had always done routine Inspections of salons to assure salons are following the very strict guidelines for Health and Safety. This Is why Salons are same of the most sanitized businesses. Salons also keep better records than places like Walmart, Lowes and Target. We know our clients and should something pop up, we have the ability to track and trace. The large box stores have the Shifty for an line purchasing and pickup. Salons don't have that option, so I would argue that keeping salons open and closing In store purchasing at these big box stores might be better for the community. Grocerystores offer the same service. Whatever you decide, I just ask that you be consistent with every business you effect with your decision. What's good for one, needs to be good for all. Gre & Keli De enstein Pamela Farris From: jeremy duncan - Sent: Monday, July 20, 20201A9 PM To: City Council Comments Cc: Doug Kuehne; Alan Nakanishi; Mark Chandler, JoAnne Mounce; City Council; Cityofl-odl CityManager Subject. Special Meeting - July 21 Council Members, My name is Jeremy Duncan. I have lived in Lodi my entire adult life. Lodi is my home! Previously, I have not felt the need or wanted to actively participate in the political process. However, under the current circumstances, I have been compelled to make my voice heard. I do not envy the position in which you have been placed. These are challenging times for our Nation, State and City. It has become increasingly clear to the discerning, that this Virus has become a tool andjustification for the forceful imposition of political agendas. In 1838 at the age 28, a brilliant young lawyer named Abraham Lincoln gave a speech recognizing the dangers that our govemment presented to basic freedoms of its citizens. He said, "We find ourselves under the government of a system of political institutions, conducing more essentially to the ends of civil and religious liberty, than any of which the history of former times tells us". Under the guise of "Public Health", our civil and religious liberties have been and are being trampled on. We ask you to not perpetuate this abuse upon the citizens of our wonderful city. am getting to a question, but before I do, I would like to encourage you all. Be brave and act without fear. The right (righteous) decisions are not the easy decisions. The right decisions require vision and courage. Acting justly requires foresight. I pray you all have the foresight to see the short and long term consequences of establishing precedent in which our inalienable rights can be suspended. This is not how a free society is to operate. I believe you are well intentioned. I believe you are virtuous. I believe you have the best intentions for our citizens. I implore you to act with conscience for the wellbeing of all Lodians, those who placed their trust in you to protect their ability to live freely, those who chose you to defend their ability to live peaceful lives without fear of government intrusion or persecution. Deuteronomy 31:6 Be strong and of good courage, do not fear nor be afraid of them; for the LORD your God, He is the One who goes with you. He will not leave you nor forsake you We know the Governor is attempting to coerce compliance under threat of withholding financial aid to the city. However: Q1. Have you considered the long term financial, mental, emotional and spiritual consequences of the general public if they are fearful to work, unable to provide for their families and worship their God in the manner they see fit? Q2. Have you considered the devastation to the morale of small business owners? - I can tell you first hand how trying this season has been for many small businesses. Many of my friends are small business owners and are considering closing their business permanently as a result of the burdensome restrictions. Q3. Have you considered the dangerous precedent established for the disregard of due process? Q4. Have you considered the legacy of your public service to be the destruction of Lodi small business? Council Members, I caution you with regard to Agenda item B-2 and renewed enforcement, you are deciding on people's futures. Please treat them as your own. Do not neglect your oath to defend Lodi and its residents. Defend us! Defend Lodi! Sincerely, Jeremy Duncan Kaylee Clayton V —� From: Mary Sumrall — Sent: Monday, July 20, 2020 5:40 PM To: City Council Comments Subject: Keep businesses open I have lived in Lad! for 20 years. I Would rather lose some Funding than forgo my right to keep business open. I believe the small busineses Keeps our country going. Lodiresident Mary Sumrall '' • Z July 19th, 2020 From: Philip & Wendy Diaz Owners I Salon W 1321 W. Elm St I Lodi I CA 195240 To: Lodi City Council Lodi City Council 1305 W. Pine St I Lodi I CA 195240 Dear Lodi City Council: It has come to our attention the city is discussing what enforcement direction they will advise regarding a letter from the Governor that was roceived recently. Since May the council has advised the police to disregard interfering and imposing any citations, and rightfully so die police should not need to impede on our business owners right to make a living and provide for their families. We applauded this recommendation put forth by the council back then although not fully supported by each council member. The situation at hand is ridiculous to say the least, and the fad that our city leaders must make this an agenda item speaks W their lack of backbone, and common sense it takes be a leader. We all watt our city to be safe, and our city police seem like they should have enough on their plates to keep them busy rather then enforcing our communities' hard-working small businesses who are impacted as it is already by the State. It is very evident that specific industries in our state have been singled out by the Governor, and he used the broad brush approach to label specific industries as higher risk like hair salons , bars, churches, but left big business open to go about not only making their profit, but pulling in even more profit from those that small business would have received had they been open. I'm hoping the council is educated enough to not only know this but see how this impacts our community. It all comes down to money, and the City of Lod wants their funding, but what a slap in the face to our small businesses if they turn their attention to just a dollar figure, rather then the heartbeat Of our city. I suggest the council quickly moves away from this agenda item and give guidance to the police to continue to do what they have been doing, and not waste man hours investigating, and perusing businesses and how they operate. Our small businesses are smart enough to do what we need to do to protect our community, and we don't need the additional pressure during this tune as we have been burdened with far too much already. In closing I think this opens a bigger topic regarding the city's funds, and what the city has been doing to appropriately fund areas of the city that need it over others. Perhaps we should not be worried about what if we lose this, or what if we lose that, but we should focus on how we are currently spending dollars that I'm sure are given to areas of the city that don't need it Thanks for the time, Sincerely, Philip & Wendy Diaz Owner Salon W S -Z Kaylee Clayton From: Greg Baron! - Sent: Monday, July 20, 2020 5:00 PM To: City Council Comments Subject: Public comment To all voting, I strongly oppose you voting yes ons You will be violating our rights and you will be subject to many lawsuits over this if you pass this individually and as the City of Lodi. All Newsom's orders/mandates are not laws and the City of Lodi will be held accountable if you enforce something that is not a law. VIOLATIONS: TITLE 18 U.S. Code § 242. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW CA Civil Code 51 Sincerely, Greg Baroni Lodi, CA resident 15IZ Kavlee Clavton From: Jennifer lynn Sent: Monday, July 20, 2020 5:01 PM To: City Council Comments Subject: Public Comment on Agenda Item b-2 Good afternoon, The decision being agreed upon by some of the city council to cower at the intimidation tactics of this tyrannical governor is despicable. Your last direction to the PD not to enforce the unconstitutional mandates was the right decision for Lodi, We businesses, and it's citizens. For a moment, we trusted you (with a short leash attached to that bust), but now we are second-guessing that trust. I urge you to continue the direction to not enforce the orders (which are not laws, have not been passed or approved of by legislature, and have not been voted on or participated in by the public). It is in the best interest of the city to uphold the Constitutional rights of its citizens, businesses, and houses of worship. If you enforce this order and it is found unconstitutional, you will be held liable. Let businesses and churches fend for themselves and decide for themselves whether to remain open in their Constitutional right. Don't open yourselves up to as many lawsuits as have been filed against the governor. The citizens of this city will not hold back in holding you accountable for a decision to partner with the governor and public health officials to suppress their rights to the 1 at amendment and their right to earn a living. That being said, I think there's a way around this: If there are no specific guidelines on enforcement, could you essentially do an educational enforcement? Say, send out a mailer or have a digital education statement on the city website? I'm not sure of the rules (I couldn't find it in the municipal code) on reserve funds, but what is the restriction on using those funds to cover the Great Plates program or other programs that would have to be cut? Can the city attorney file a lawsuit against the governor for his threatening and intimidating the city council? Or if they call his "bluff and choose not to enforce, can they then sue him for withholding funds when the city was upholding their oath of office and the constitutional rights of its citizens? I would get behind that. Please provide direction NOT to enforce this order. Thanks, Jenny Miller Pamela Farris From: jennifer lynn� Sent: Tuesday, July 21, 2020 7:50 AM To: City Council Comments Subject: Public Comment on b2 Hi again, Can the city attorney send a cease and desist letter to the governor to stop his threatening of withholding of funding to intimidate the city into complying with his demands? I guess after answering, the next question would be will you? It sure looks like seizing property when you are closing indoor business? By the way, as councilmen ber Mounce mentioned, these arguments are with everyone who is partnering with the overreach of the governor. Anyone who partners with this order will likely be included in the lawsuits that are sure to come from this order and subsequent enforcement. Thanks, Jenny Miller Sent from Yahoo Mail on Android 6-% Kaylee Clayton From: Lisa Baroni - Sent: Monday, July 20, 2020 4:44 PM To: City Council Comments Subject Public comment Cobb To all voting, I strongly oppose you voting yes on C-17. You will be violating our rights and you will be subject to many lawsuits over this if you pass this individually and as the City of Lodi. All Newsom's orders/mandates are not laws and the City of Lodi will be held accountable if you enforce something that is not a law. VIOLATIONS TITLE 18 U.S. Code 4 242. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW CA Civil Code 51 Facts on Masks as well.... Just a few studies about mask efficacy for those Inquiring minds: This study is the first RCT of cloth masks, and the results caution against the use of cloth masks. This Is an important finding to inform occupational health and safety. Moisture retention, reuse of cloth masks and poor filtration may result in Increased risk of Infection. Further research is needed to inform the widespread use of cloth masks globally. However, as a precautionary measure, cloth masks should not be recommended for HCWs, particularly in high-risk situations, and guidelines need to be updated." httov://www,ncWi.nim.nih.gov/pmcZarticlesLPMC4420971/`# ffn sectitle https7//bmio2en.bmi.com/contentIS14leOO6577.full https //wwwcidrap umn edu/news-persl2ectivet2020/c4/data-do-not-backcloth-masks-limit-covid-19-exPerts-say Cloth masks can increase infection https//www.who int/publ' t ons detail/advice-on-the-use-of-masks-in-the-community-during-home-care-and-in- healthcar -settings= -the-co t xt-of-th - ovel-coronavirus-(2019-ncov)-outbreak From the WHO: There is limited evidence that wearing a medical mask by healthy individuals in the households or among contacts of a sick patient, or among attendees of mass gatherings may be beneficial as a preventive measure.14- 23 However, there is currently no evidence that wearing a mask (whether medical or other types) by healthy persons in the wider community setting, including universal community masking, can prevent them from infection with respiratory viruses, including COVID-19. Prolonged wearing of the surgical mask causes loss of intellect potential and cognitive performance due to a decrease in blood oxygen and subsequent brain hypoxia. Note - some changes may be Irreversible. "Report on surgical mask induced deoxygenation during major surgery" httPs7//www.ncbi.nlm.nih.gov/pubmedZlB5OO4lO "Seventy percent of the patients showed a reduction in partial pressure of oxygen (Pa02), and 19% developed various degrees of hypoxemia. Wearing an N95 mask significantly reduced the PaO2 level" https://www.ncbi.nlm.nih.gov/pubmed/15340662 "Wearing N95 masks results in hypooxygenemia and hypercapnia which reduce working efficiency and the ability to make correct decision." "Medical staff are at increased risk of getting'Severe acute respiratory syndrome' (SARS), and wearing N95 masks is highly recommended by experts worldwide. However, dizziness, headache, and short of breath are commonly experienced by the medical staff wearing N95 masks. The ability to make correct decision may be hampered, too." https: //cl i n icaltria IS,ROV/ct2/show/NCT00173017 https://www.resea rchgate, net/.../7332926_ Headaches_and_the_N9... "Chronic hypoxia -hypercapnia influences cognitive function" https7l/www.ncbi.nim.nih.gov/pubhled/18331781 "Hypercapnia status has been shown to predict mild cognitive impairment https://ww ..rature.com/articles/s4lS98- 018-35797-3 Chronic hypoxia- hypercapnia has been seen as a cause of cognitive Impairment https:H/ w.atsiournals.org/.../fu.../10.1164/ajrmm.186.12.1307 https://www.ncbi.nlm.nih.gov/pubmedl3l479137. https://www.ncbi.nlm.nih.gov/pubmed/2G952529 https:l/bmiopen.bmi.com/content/5/4/eOC6577#Tl Fit testing matters less vs it's an N95 mask: https://www,ncbi.nim.nih.gov/oubmed/21477136 Masks don't seem to Impact family infection as much: httos://www.ncbi,nim.nih.gov/oubmed/28039289 Medical or N95 isn't that different: https://www.ncbi.nim.nih.gov/pubmed/31479137 Cloth masks worse than surgical masks for anything <2.5 uM: https://www.ncbi.nim.nih.gov/pubmed/27531371 Particle size breakdown and fabric differences for cloth masks and particle penetration: https://doi.ore/10.1093/annhvg/mea044 httos://www.nature.com/articles/s4l591-020-0843-2 In conclusion, both surgical and cotton masks seem to be ineffective in preventing the dissemination of SARS-CoV-2 from the coughs of patients with COVID-19 to the environment and external mask surface. httos://an na ls.om/aim/fu I larticle/2764367/effectiveness-surgica I-cotton-mas ks-blocking-sa rs-cov-2-cont rolled - comparison Sincerely" Lisa Baroni Resident of Lodi, CA