HomeMy WebLinkAboutAgenda Report - October 7, 2020 C-22AGENDA ITEM Css22
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt a Resolution Reaffirming the Ratification of the City Manager's Proclamation
Finding the Continued Existence of a Local Emergency and Rendering Certain
Emergency Orders, Including an Increase Related to the Local Emergency in the
City Manager's Contracting Authority for Services and Goods to a Maximum
Amount of $250,000 for the Duration of the Local Emergency
MEETING DATE:
PREPARED BY:
October 7, 2020
City Attorney
RECOMMENDED ACTION: Staff recommends that the City Council adopt a resolution
reaffirming the ratification of the City Manager's proclamation finding
the continued existence of a local emergency and rendering certain
emergency orders, including an increase related to the local emergency in the City Manager's contracting
authority for services and goods to a maximum amount of $250,000 for the duration of the local
emergency.
BACKGROUND INFORMATION: At 8:00 a.m. on March 16, 2020, the City Manager declared a Local
Emergency pursuant to his authority under Lodi Municipal Code
section 2.32.060(A)(1). The declaration was confirmed by the
City Council on March 18, 2020 (Gov. Code §8630). Action was taken in response to an outbreak of
Novel Coronavirus Disease (COVID-19) in San Joaquin County.
An outbreak of Novel Coronavirus Disease (COVID-19) has spread throughout numerous countries and
across the United States. As of September 22, 2020, there are a total of 20,019 confirmed cases of
COVID-19 in San Joaquin County. To date, there have been over 201,000 COVID-19 fatalities across
the country, over 15,100 in California, and 421 COVID-19 fatalities in San Joaquin County. Confirmed
COVID positive hospitalizations in the county is 60 with 19 of those patients currently in ICU representing
18% of all ICU occupancies, a significant decrease from late August. Countywide total ICU occupancy,
including both COVID-19 and non-COVID-19 patients, is 108%, up slightly from the last report to Council.
Adventist Health Lodi Memorial Hospital (LMH) currently has 6 COVID-19 positive patients (down from
16) and 2 of its 9 ICU patients are COVID-19 positive. Because of the high number of COVID-19 related
cases and the overburdened ICU's in the County, in July the state and federal government sent a special
team to assist at LMH and also at Dameron Hospital in Stockton. Decreased hospitalizations have
allowed the release of the special teams. Nonetheless, there is continued evidence of community spread;
currently there are 163 identified outbreaks within the County. However, County Public Health Services
is hopeful that with continued social distancing, the wearing of face coverings, and frequent handwashing
the number of confirmed cases and hospitalizations will continue to decrease.
On August 28, 2020, Governor Newsom announced California's Plan for Reducing COVID-19 and Adjusting
Permitted Sector Activities to Keep Californians Healthy and Safe (Blueprint). The Blueprint consists of four
APPROVED:
�n
S#ephen Sdh- abauer, City Manager
color -coded tiers, Widespread - Tier 1 (purple), Substantial - Tier 2 (red), Moderate - Tier 3 (orange),
and Minimal - Tier 4 (yellow). San Joaquin County remains in the framework's Tier 1 (purple). Counties
must stay in an assigned tier for a minimum of 21 -days before movement to the next tier. In order for the
County to advance to Tier 2 (red), the County will need to sustain the following metrics for at least 2 -
weeks: no more than 4-7 COVID-19 cases per 100,000 population and a positivity rate of 5-8%. As of
September 22, 2020, the County reports a 6.7 adjusted case rate (6.2 unadjusted) per 100,000 and a
positivity rate of 5.5% (a significant decrease from the August 28, 16.6 case rate and 11.3% positivity
rate).
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 over 65 years of age or have underlying chronic health conditions or
immunodeficiency.
It is imperative for the City to continue responding to suspected or confirmed cases of COVID-19 and to
implement measures to mitigate the spread of COVID-19 within our community, and continue
preparations to respond to an increasing number of persons requiring medical care or hospitalization.
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.
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.
On March 12, 2020, San Joaquin County Public Health Services (PHS) declared a local health
emergency pursuant to Health & Safety Code Section 101080.
At 10:00 a.m. on March 12, 2020, the City of Lodi opened its Emergency Operations Center (EOC).
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.
On March 16, 2020, the City Manager declared a Local Emergency pursuant to his authority under Lodi
Municipal Code section 2.32.060(A)(1) in response to an outbreak of Novel Coronavirus Disease
(COVID-19) in San Joaquin County, the declaration of a local health emergency by PHS, and the
President's declared National State of Emergency. On March 18, 2020, the City Council ratified the
proclamation of local emergency pursuant to Government Code Section 8630. Council reaffirmed the
ratification of the proclamation on April 15, 2020, May 6, 2020, June 3, 2020, June 30, 2020, July 28,
2020, August 19, 2020, and September 16, 2020 as required by the Government Code.
On March 20, 2020, the Public Health Officer of San Joaquin County issued a Stay -At -Home order. The
order was superseded by subsequent orders dated March 21, 2020, March 26, 2020, April 14, 2020, an
amendment to the April 14 order issued on April 24, 2020. The April 14, 2020 order remains in effect
until such time as it is rescinded by the County's Public Health Officer, subject to subsequent orders
allowing for the opening of various sectors of the economy, referenced under the State's Pandemic
Roadmap to Recovery Plan as Phases 1, 2, and 3. San Joaquin County was in mid -Phase 3 of the
State's Pandemic Roadmap; however the significant increase in COVID-19 cases and hospitalizations
has resulted in the issuance of a new County order to reclose certain industries and activities unless they
can be modified to operate outside or by pick-up. The City is continuing to work with local businesses to
facilitate outside operations. County Public Health continues to caution that the rate of infections and
deaths in San Joaquin County necessitate a firm and carefully planned and managed response and as a
consequence the reopening of the economy has been modified.
On August 31, 2020, San Joaquin County Public Health issued a new order in conformance with the
Blueprint. Of note, salons and barbershops can now operate indoors under the Blueprint's Tier 1 (purple)
criteria, so long as the State's guidance for business operations applicable to salons and barbershops is
followed. In addition, the County also issued a corrected order applicable to bars, pubs, brewpubs, and
breweries. The order states that those businesses must abide by the State's order issued on August 28.
Because the County is currently in Tier 1, brewpubs, bars, breweries and pubs are permitted to continue
outdoor service of alcohol only when it is served with a "sit-down dine -in meal," meaning the alcohol is an
accompaniment to the meal. On September 22, 2020, the State announced that nail salons can now
operate indoors in all tiers, so long as State Guidelines are followed. This change followed the State's
announcement that as of September 22, five counties have moved to Tier 2 (red), three to Tier 3
(orange), and one county to Tier 4 (yellow).
As part of the City's response to the current emergency, the City is participating in the State's Great
Plates Delivered program. The program currently supports 425 qualified adults 65 years and older and
adults 60-64 who are at high-risk from COVID-19, in staying home and receiving the delivery of three
meals each day. The program also provides economic stimulus to the participating local businesses
(currently 5 restaurants) and their workers.
Staff recommends that the City Council reaffirm its ratification of the City Manager's declaration of a local
emergency and continue the City Manager's authority to contract for services and goods related to
COVID-19, up to a maximum of $250,000 from the current maximum of $20,000, for the duration of the
local emergency.
FUNDING: The reaffirmation of the ratification of the City Manager's declaration of Local Emergency
allows the City to continue to access federal, state and county resources, including
financial reimbursements.
J nice ❑ agdich
City Attorney
Attachment:
1) Resolution Reaffirming the Ratification of the Proclamation of the Director of Emergency Services for the City of Lodi Concerning the
Existence of a Local Emergency and Extending the Contract Authority of the City Manager for Services and Goods related to the
Emergency to $250,000
RESOLUTION NO. 2020-225
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, as of September 21, 2020, there have been over 6.8 million cases of COVID-19
in the United States, resulting in over 200,000 deaths, including over 15,100 deaths in the State of
California; 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 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, 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, May 6, 2020, June 3, 2020, June 30, 2020, July 28, 2020,
August 19, 2020, and September 16, 2020, the City Council reaffirmed the ratification of the
proclamation as required by the Government Code; and
WHEREAS, as of September 22, 2020, there are a total of 20,019 confirmed cases of
COVID-19 in San Joaquin County and 421 COVID-19 fatalities; confirmed COVID positive
hospitalizations are at 60 as of September 22, with 19 of those patients in ICU representing 18% of all
ICU occupancies. Countywide, total ICU occupancy including both COVID-19 and non COVID-19
patients is 108% of capacity as of September 22. Adventist Health Lodi Memorial Hospital (LMH)
currently has six COVID-19 positive patients and two of its nine ICU patients are COVID-19
positive. Because of the high number of COVID-19 related cases and the overburdened ICU's in the
County, in July the state and federal government sent a special team to assist at LMH and also
Dameron Hospital in Stockton. Decreased hospitalizations have allowed the release of the special
teams. Nonetheless, there is continued evidence of significant community spread; currently there are
163 identified outbreaks within the County, and County Public Health Services maintains that the
community needs to continue wearing masks, social distancing, and minimizing mixing outside of the
immediate household in order to continue to slow the spread of COVID-19 in the community; and
WHEREAS, on March 20, 2020, the Public Health Officer of San Joaquin County issued a
Stay -At -Home order. The order was superseded by subsequent orders dated March 21, 2020,
March 26, 2020, April 14, 2020, an amendment to the April 14 order issued on April 24, 2020. The
April 14, 2020 order remains in effect until such time as it is rescinded by the County's Public Health
Officer, subject to subsequent orders allowing for the opening of various sectors of the economy,
referenced under the State's Pandemic Roadmap to Recovery Plan as Phases 1, 2, and 3.
San Joaquin County was in mid -Phase 3 of the State's Pandemic Roadmap; however the significant
increase in COVID-19 cases and hospitalizations resulted in the issuance of new County orders on
July 2, 2020 and July 13, 2020 to reclose certain industries and activities unless they can be modified
to operate outside or by pick-up. The City is continuing to work with local businesses to facilitate
outside operations; and
WHEREAS, on August 28, 2020, Governor Newsom announced California's Plan for Reducing
COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe (Blueprint).
The Blueprint consists of four color -coded tiers, Widespread — Tier 1 (purple), Substantial — Tier 2
(red), Moderate — Tier 3 (orange), and Minimal — Tier 4 (yellow). San Joaquin County remains in the
framework's Tier 1 (purple). Counties must stay in an assigned tier for a minimum of 21 -days before
movement to the next tier. In order for the County to advance to the Tier 2, the County will need to
sustain the following metrics for at least 2 -weeks: no more than 4-7 cases of COVID-19 per 100,000
population and a positivity rate of 5-8%. As of September 22 the County reports a 6.7 adjusted case
rate (6.2 unadjusted) per 100,000 and a positivity rate of 5.5%; and
WHEREAS, on August 31, 2020, San Joaquin County Public Health issued a new order in
conformance with the Blueprint and a corrected order applicable to brewpubs, bars, breweries
and pubs also in conformance with Tier 1 (purple) of the Blueprint and the August 28, 2020 order
the state public health officer; and
WHEREAS, County Public Health continues to caution that the rate of infections and deaths
in San Joaquin County necessitate a firm and carefully planned and managed response and as a
consequence the reopening of the economy has been modified; 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: October 7, 2020
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I hereby certify that Resolution No. 2020-225 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held October 7, 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:
JA ICE D. M GDICH
City Attomrt
�,e�%yJ2GG
JENNIF CUSMIR
City Cler
2020-225
4
Exhibit A
Proclamation of the Director of Emergency
Services for the City of Lodi Finding the
Existence of a Local Emergency (COVID-19)
AMENDED TO CORRECT DATE OF ISSUANCE
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 requiring 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 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, 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, 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 facilitfes 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 Joaquln County Public Health Services (PHS) declared a local health
emergency pursuant to Health & Safety Code Sectlon 101080 on March 12,
2020; and
3. PHS's declaration finds that there is an ongoing risk and likelihood of additional
COVID-19 patients being identified in San Joaquin County; and
4. As of March 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 as of 8:00 a.m, March 16, 2020, 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 PROCLAIMED 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.
Dated: March 16, 2020
Ste'Ph c quer
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.
roved as to Form:
Janice . Magdich
City' ttorney