HomeMy WebLinkAboutResolutions - No. 2021-128RESOLUTION NO. 2021-128
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 April 21, 2021, there have been over 31.8 million cases of COVID-19 in the
United States, resulting in over 568,000 deaths, including 61,083 deaths in the State of California and
1,340 in San Joaquin County; 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, and it's variants, 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, November 4, 2020, December 2, 2020,
December 22, 2020, January 20, 2021, February 17, 2021, March 17, 2021, and April 13, 2021, the
City Council reaffirmed the ratification of the proclamation as required by the Government Code; and
WHEREAS, as of April 21, 2021, there have been a total of 71,813 confirmed cases of COVID-
19 in San Joaquin County, 1,220 of which remain active, and 1,340 COVID-19 fatalities; ICU
occupancy in San Joaquin County, including both COVID-19 and non-COVID-19 patients, is 106% of
licensed capacity; with 47 patients testing positive for COVID-19, and COVID-19 hospitalization rates
have decreased 14.5% for the 7 -day period prior to April 22, 2021; 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, carefully planned, and managed response and therefore the reopening of the economy has
been modified. The City is continuing to work with local businesses to facilitate outside operations as
permitted; and
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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); 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 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 could 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
could open in all tiers, with the requirement that State Guidelines are adhered to; and
WHEREAS, on September 29, 2020, San Joaquin County moved from the Tier 1 (purple) to
Tier 2 (red) on September 29, 2020; and
WHEREAS, on November 17, 2020, as a result of an increase in the COVID-19 positivity rate,
San Joaquin County returned to Tier 1 (purple) meaning that sectors of the economy that opened
under Tier 2 (red) were shuttered or could only operate outdoors under state guidelines, such as
places of worship, restaurants, gyms and fitness studios. Movie theatres and museums were 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, remained open; and
WHEREAS, on December 3, 2020, due to a significant increase in statewide COVID-19
hospitalizations the Governor announced a Regional Stay Home Order and a supplemental order on
December 6, the orders go into effect at 11:59 PM the day after a region has been announced to have
less than 15% ICU availability. The supplemental order clarified retail operations and went into effect
immediately. The orders prohibit private gatherings of any size, close sector operations except for
critical infrastructure and retail, and require 100% masking and physical distancing in all others; and
WHEREAS, as a result of the ICU capacity falling below 15% the San Joaquin Region
consisting of Calaveras, Fresno, Kern, Kings, Madera, Mariposa, Merced, San Benito, San Joaquin,
Stanislaus, Tulare, Tuolumne counties, the Regional Stay Home Order became effective at 11:59 PM
December 6; and
WHEREAS, the 4 -week projection for the San Joaquin Region was projected to meet the
criteria to exit the Regional Stay at Home order, effective January 25, 2021, San Joaquin County
returned to the Purple Tier (widespread); and
WHEREAS, as of April 6, 2021, San Joaquin County has moved to the Red (substantial) Tier;
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 May 7, 2021. The program
currently supports just over 500 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 four 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.
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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; and
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: May 5, 2021
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I hereby certify that Resolution No. 2021-128 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held May 5, 2021, by the following vote:
AYES:
COUNCIL MEMBERS —
Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES:
COUNCIL MEMBERS —
None
ABSENT:
COUNCIL MEMBERS —
None
ABSTAIN:
COUNCIL MEMBERS —
None
Approved as to Form:
JANICE D. MAGDICH
City Attorney
JENNIFER CUSMIR
City Clerk
2021-128
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