HomeMy WebLinkAboutResolutions - No. 2020-294RESOLUTION NO. 2020-294
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 November 16, 2020, there have been over 11.31 million cases of COVID-
19 in the United States, resulting in over 247,000 deaths, including 18,304 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 12, 2020, at 10:00 a.m., the City of Lodi opened it Emergency
Operations Center (EOC); 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, September 16, 2020, October 7, 2020, and November 4, 2020, the City Council
reaffirmed the ratification of the proclamation as required by the Government Code; and
WHEREAS, as of November 16, 2020, there are a total of 23,734 confirmed cases of
COVID-19 in San Joaquin County and 501 COVID-19 fatalities; confirmed COVID positive
hospitalizations are at 81, with 18 of those patients in ICU and 10 on ventilators. Countywide total ICU
occupancy, including both COVID-19 and non-COVID-19 patients, is just over 100%. Adventist Health
Lodi Memorial Hospital (LMH) currently has 14 COVID-19 positive patients and 4 COVID positive ICU
patients. The City now has the second highest COVID case rate per 10,000 residents in the County
at 325.78, just behind Stockton at 350.81; 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, 2020 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. The City is continuing to work with local businesses to facilitate outside
operations; and
WHEREAS, 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, 2020. 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. As of
October 20, 2020, the State announced that personnel care services, including skin care, hair removal
and tattoo can open in all tiers, with the requirement that State Guidelines are adhered to; and
WHEREAS, a return to Tier 1 (purple) means that sectors of the economy that opened under
the Tier 2 (red) have been shuttered effective November 17, 2020 or can only operate outdoors under
State guidelines, such as places of worship, restaurants, gyms and fitness studios. Movie theatres
and museums are again closed. Schools in San Joaquin County that were open for in-person
instruction as of November 16, 2020 in conformance with County Public Health and following State
guidelines, may remain open; and
WHEREAS, as part of the City's response to the current emergency, the City is participating
in the State's Great Plates Delivered program, currently extended to December 9, 2020. 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 five participating local businesses and their workers; 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 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.
BE IT FURTHER RESOLVED that the Lodi City Council does hereby 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.
Dated: December 2, 2020
I hereby certify that Resolution No. 2020-294 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held December 2, 2020, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
JENNIFE USMIR
City Cie
Approved as to Form:
❑ AGDICH
City Attorney
2020-294
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
serlous 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 101030; 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 (6) 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:
"jT)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 earlhquake, or other conditions, including conditions resulting
from war or imminent threat of war, which conditions are or are likeiy 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;1)0 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 �� �,
c atter
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,
-laroved as to Form:
Janice . Magd1vh
City✓Attorney