HomeMy WebLinkAboutResolutions - No. 2020-139RESOLUTION NO. 2020-139
A RESOLUTION OF THE LODI CITY COUNCIL
REAFFIRMING THE RATIFICATION OF THE PROCLAMATION OF
THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF
LODI CONCERNING THE CONTINUED EXISTENCE OF A LOCAL
EMERGENCY AND EXTENDING THE CONTRACT AUTHORITY OF
THE CITY MANAGER FOR SERVICES AND GOODS RELATED TO
THE LOCAL EMERGENCY TO $250,000
WHEREAS, Government Code Section 8630 and Lodi Municipal Code Section
2.32.060 authorizes the City Manager as the Director of Emergency Services to proclaim
a local emergency under certain circumstances if the City Council is not in session, and
provides that the City Council shall ratify the proclamation within seven (7) days thereafter;
and
WHEREAS, an outbreak of Novel Coronavirus Disease (COVID-19) has spread
throughout numerous countries and across the United States; and
WHEREAS, COVID-19 is an infectious disease that causes respiratory illness, and
in some cases can result in lung lesions and pneumonia. Experts believe that a large
majority of those infected will have mild cases that often resemble the flu; however, some
will have more serious symptoms requiring hospitalization, particularly individuals who are
elderly or have underlying chronic health conditions or immunodeficiency; and
WHEREAS, it is imperative for the City to continue to prepare for and be in a
position to respond to suspected or confirmed cases of COVID-19 to implement measures
to mitigate the spread of COVID-19 within our community, and prepare to respond to an
increasing number of persons requiring medical care or hospitalization; and
WHEREAS, on January 23, 2020, the federal Centers for Disease Control and
Prevention (CDC) activated its emergency response system to provide ongoing support
for the response to COVID-19 in the United States; and
WHEREAS, on January 31, 2020, the Secretary of the federal Department of
Health and Human Services declared a public health emergency in the United States of
America to aid the nation's healthcare community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed
a State of Emergency in California after making a determination that:
1. The conditions caused by COVID-19 are likely to require the combined
forces of a mutual aid region or regions to appropriately respond; and
2. Local authority is inadequate to cope with the threat posed by COVID-19;
and
WHEREAS, on March 11, 2020, the World Health Organization declared Novel
Coronavirus Disease (COVID-19) a "public health emergency of international concern"
and referenced the event as a pandemic; and
WHEREAS, on March 12, 2020, San Joaquin County Public Health Services
(PHS) declared a local health emergency pursuant to Health & Safety Code Section
101080; and
WHEREAS, on March 13, 2020, the President of the United States of America
declared a National State of Emergency in response to the spread of COVID-19 within the
United States; and
WHEREAS, Lodi Municipal Code Section 2.32.050 designates the City Manager
as the Director of Emergency Services for the City of Lodi; and
WHEREAS, Lodi Municipal Code Section 2.32.060(A)(1) authorizes the Director
of Emergency Services to proclaim the existence or threatened existence of a local
emergency in the event the City Council is not in session; and
WHEREAS, Lodi Municipal Code section 2.32.020 defines an emergency to 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 and June 3, 2020, the City Council
reaffirmed the ratification of the proclamation as required by the Government Code; and
WHEREAS, as of June 23, 2020, there are a total of 2,560 confirmed cases of
COVID-19 in San Joaquin County (the number of cases on May 28th was 834); the rolling
14 -day total number of cases is 973, significantly in excess of the 190 limitation under the
County's attestation. There are currently 48 COVID-19 fatalities (an increase of just over
40% in the last 25 days); confirmed COVID positive hospitalizations have increased to 91
(the attestation limit is 20), with 22 of those patients in ICU; and there are 51 suspected
COVID-19 patients hospitalized with 5 of those in the ICU. Adventist Health Lodi Memorial
Hospital (LMH) currently has 6 COVID-19 positive ICU patients and an outbreak of among
more than 35 of its staff members; as a consequence, LMH is no longer accepting non-
COVID patients, except under limited circumstances. There is continued evidence of
community spread, currently there are 27 identified outbreaks within the County, including
one among LMH staff, and County Public Health Services anticipates the number of
confirmed cases and hospitalizations will continue to increase; and
WHEREAS, San Joaquin County is currently in mid -Phase 3 of the State's
Pandemic Roadmap to Recovery Plan, and San Joaquin County Public Health cautions
that there continue to be infections, hospitalization, and deaths at a rate in San Joaquin
County that necessitate a firm and carefully planned and managed response as the
California economy continues to reopen; and
WHEREAS, the Lodi City Council does hereby find that the aforesaid conditions
of extreme peril warrant and necessitate the continued existence of a local emergency.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
reaffirm the ratification of the City Manager's Proclamation of the existence of a local
emergency issued in his role as the City's Director of Emergency Services on March 16,
2020 at 8:00 a.m., attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED by the Lodi City Council that, until the local
emergency is terminated, the powers, functions, and duties of the City Manager/Director
of Emergency Services and the emergency organization of the City of Lodi shall be those
as prescribed by State law and the ordinances, resolutions, and approved emergency
services plan of the City of Lodi as determined by the City Manager/Director of Emergency
Services within the National Incident Management System; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby reaffirm the
approval of an increase in the City Manager's contracting authority for services and goods
related to the City's response to the local emergency resulting from the COVID-19
pandemic, to a maximum amount of $250,000 from the current maximum of $20,000, for
the duration of the local emergency; and
BE IT FURTHER RESOLVED that the Purchasing System set forth in Lodi
Municipal Code Chapter 3.20 is suspended for the duration of the local emergency as to
the purchase of goods and services related to the City's response to the local emergency
resulting from the COVID-19 pandemic; and
BE IT FURTHER RESOLVED that disclosure of the purchase of goods and
services in an amount over $10,000, and related to the City's response to the local
emergency resulting from the COVID-19 pandemic, will be submitted to the City Council
concurrent with the Council's reaffirmation of the ratification of the Proclamation declaring
the existence of a local emergency. State law requires that the City Council ratify the
Proclamation every thirty (30) days hereafter until the local emergency is terminated.
Dated: June 30, 2020
I hereby certify that Resolution No. 2020-139 was passed and adopted by the City
Council of the City of Lodi in a special meeting held June 30, 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:
A I . MAGDICH
Cl y torney
2020-139
O
PAMELA M. FARRIS
Assistant City Clerk
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:
"[Tjhe 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."
NOW, THEREFORE, THE UNDERSIGNED HEREBY FINDS, DETERMINES AND
DECLARES that:
1. The federal Centers for Disease Control and Prevention (CDC) announced on
February 25, 2020, that community spread of COVID-19 is likely to occur in the
United States; and
2. San Joaquin County Public Health Services (PHS) declared a local health
emergency pursuant to Health & Safety Code Section 101080 on March 12,
2020; and
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 h c auer
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.
,ADD-Iroved as to Form:
Janice . Magdich
City --Attorney