HomeMy WebLinkAboutResolutions - No. 2020-189RESOLUTION NO. 2020-189
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
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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, June 30, 2020, and
July 28, 2020, the City Council reaffirmed the ratification of the proclamation as required by the
Government Code; and
WHEREAS, as of August 13, 2020, there are a total of 14,276 confirmed cases of
COVID-19 in San Joaquin County; the rolling 14 -day total number of cases is 2,878, significantly
in excess of the 190 limitation under the County's attestation. In addition, uncounted case totals
remain due to technology communication issues between the statewide database and testing
sites. There are currently 245 COVID-19 fatalities (the number of fatalities reported on July 22
was 98); COVID positive hospitalizations are at 158 as of August 12 (the attestation limit is 20),
with 51 of those patients in ICU representing 39% of all ICU occupancies. Countywide, total ICU
occupancy including both COVID-19 and non COVID-19 patients is 133% of capacity as of August
12. Adventist Health Lodi Memorial Hospital (LMH) currently has 28 COVID-19 positive patients
and 11 of its 15 ICU patients are COVID-19 positive, with its total ICU capacity at 150%. Because
of the high number of COVID-19 related cases and the overburdened ICU's in the County, the
state and federal government have sent a special team to assist at LMH and also
Dameron Hospital in Stockton. There is continued evidence of significant community spread,
currently there are 134 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 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 has resulted in the issuance of a 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 currently working 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; 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: August 19, 2020
I hereby certify that Resolution No. 2020-189 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held August 19, 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
J NNIF CUSMIR
City Cler
Approved as to Form:
(�JANJ-G LDMAGDICH
City Attorney
2020-189
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 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
StePh 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.
roved as to Form:
CJanice . Magdich
city_
ttorney