Loading...
HomeMy WebLinkAboutResolution - 2020-R0121 - Continuing And Affirming The Mayor's Seventh Declaration Of Disaster. - 04/03/2020Resolution No. 2020-RO121 Item No. 3.1 April 3, 2020 RESOLUTION CONFIRMING AND CONTINUING THE MAYOR'S SEVENTH DECLARATION OF DISASTER (COVID-19) WHEREAS, the novel coronavirus (COVID-19) outbreak has been recognized as a pandemic by the World Health Organization and is a contagious respiratory virus; and WHEREAS, the Mayor has issued multiple Declarations of Disaster in response to the COVID-19 pandemic, all of which are currently in effect; and WHEREAS, as of April 2.2020 there have been 117 confirmed cases of COVID- 19 infections and 3 COVID- 19 related deaths in our region; and WHEREAS, the Mayor has issued a Seventh Declaration of Disaster, which includes a Stay at Home Order; and WHEREAS. it is necessary and appropriate to consider and approve the Mayor's prior Declarations of Disaster and incorporate them into one document; and WHEREAS, the City Council of Lubbock has determined that it is necessary to renew and continue the state of local disaster. NOW, THEREFORE, IT IS HEREBY RESOLVED AND DECLARED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 1. That the City Council consents to the Mayor's Seventh Declaration of a Local State of Disaster, a true and correct copy of which is attached to this Resolution as Exhibit A as if copied verbatim, including restrictions on mass gatherings and retail businesses, and hereby renews and continues the local state of disaster for the City of Lubbock, Texas pursuant to §418.108(b) of the Texas Government Code; and 2. The Mayor may update the restrictions set out in the Declaration as necessary to respond to the evolving circumstances of this outbreak during the duration of the Disaster Declaration issued on this date and any extension of the Declaration by the City Council of the City of Lubbock; and 3. That this proclamation shall take effect immediately from and after its issuance; and 4. That the City Council shall review the local state of disaster and the restrictions on mass gatherings and retail businesses at its regularly scheduled meeting on April 14, 2020. SO ORDERED this the 3rd day of April, 2020. FOR THE CI' OF LUBBOCK, TEXAS: ........................... Daniel M. Pope, yor ATTEST: Re cca Garza, City � retary APPROVE AS TO CO' TENT: W. rrett Atkinson, City Manager S.."acityatt\CCD0CS\Resolution Continuing the 7th Declaration of Disaster (I 1).docx SEVENTH DECLARATION OF DISASTER (COVID-19) WHEREAS, the novel coronavirus (COVID-19) outbreak has been recognized as a pandemic by the World Health Organization and is a contagious respiratory virus; and WHEREAS, on March 13, 2020, pursuant to Section 418.014 of the Texas Government Code, the Governor declared a state of disaster for the State of Texas: and WHEREAS, on March 13, 2020. Lubbock County, Texas declared a state of disaster; and WHEREAS, as of March 16, 2020, certain schools, universities, and other governmental entities had begun to alter their schedules, and some venues were beginning, to temporarily close, as precautionary responses to the increasing presence ofCOVID-19 in Texas; and WHEREAS, costs incurred to prepare for and respond to COVID-19 are expected to mount at the local level; and WHEREAS, the City of Lubbock has already taken numerous steps to prepare for COVID-19, such as coordinating preparedness efforts across state and local agencies, and working with local partners to promote appropriate mitigation efforts; and WHEREAS, it is critical for the City of Lubbock to take additional steps to prepare for, respond to, and mitigate the spread of COVID-19 to protect the health and welfare of the citizens of Lubbock and the surrounding area: and WHEREAS, declaring a state of disaster will facilitate and expedite the use and deployment of resources to enhance preparedness and response; and WHEREAS, in light of recommendations from the Centers for Disease Control regarding social distancing protocols, it is necessary to issue guidance regarding public and private gatherings in order to mitigate the spread of the disease and preserve and protect public health; and W IIEREAS, it is critical for the City of Lubbock to take additional steps to prepare for, respond to, and mitigate the spread of COVID-19 to protect the health and welfare of the citizens of Lubbock and the surrounding area; and WHEREAS, on March 19, 2020. Governor Greg Abbott issued statewide orders; and WHEREAS, on March 20, 2020, the Mayor issued a Third Declaration of Disaster, to facilitate enforcement of the Governor's Order; and WHEREAS, on March 22, 2020. the Governor advised that all Texans should remain at home as much as possible unless they have a pressing need to leave home to go to work at an essential job, to go to the doctor or a healthcare facility, or to go to the grocery store or a gas station: and WHEREAS, on March 22. 2020, the Governor encouraged local leaders to issue guidance in support of his Executive Orders which are tailored to the unique issues facing the local communities: and WHEREAS, on March 24, 2020, the Mayor issued a Fifth Declaration of Disaster, closing non -essential retail businesses, providing guidance for conducting essential businesses, and consolidating his prior Declarations; and WHEREAS. as of April 2, 2020 there have been 117 confirmed cases of COVID- 19 infections and 3 COVID-19 related deaths in Lubbock; and WHEREAS, it is necessary to provide additional guidance and clarification to the Mayor's prior Declarations, NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF LUBBOCK, TEXAS that: COVID-19 poses an imminent threat of disaster to the City of Lubbock; and 2) Pursuant to §418.108(a) of the Government Code, a local state of disaster is hereby declared for the City of Lubbock, Texas; and 3) Pursuant to §418.108(b) of the Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration unless continued or renewed by the City Council of Lubbock; and 4) Pursuant to §418.108(c) of the Government Code, this declaration shall be given prompt and general publicity and shall be filed promptly with the City Secretary; and 5) Pursuant to §418.108(d) of the Government Code, this declaration of a local state of disaster activates the city's emergency management plan. The furnishing of aid and assistance under the declaration is hereby authorized. The appropriate preparedness and response aspects of the plan are activated and take effect immediately after this local state of disaster is declared: and 6) The use of all available resources of the City of Lubbock that are reasonably necessary to cope with this disaster are hereby authorized; and 7) To the extent permitted by law, any local ordinance or administrative rule prescribing the procedures for conduct of City business or any local ordinance or administrative rule that would in any way prevent, hinder, or delay necessary action in coping with this disaster, including any local ordinance or administrative rule regarding contracting or procurement which would impede the City's emergency response necessary to cope with this declared disaster, are hereby suspended, but only for the duration of this declared local disaster and only for that limited purpose; and 8) Pursuant to §418.108(g) of the Government Code, the Mayor of the City of Lubbock may control ingress to and egress from a disaster area within the incorporated limits of the City of Lubbock and control the movement of persons and the occupancy of premises in that area; and 9) Pursuant to § 122.006 of the Health & Safety Code, the City of Lubbock may adopt rules to protect the health of persons in the municipality, including quarantine rules to protect the residents against communicable disease; and 10) The virus that causes COVID-19 is easily transmitted, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle an influx of patients and safeguard public health and safety. STAY AT HOME 11) All persons residing in the City of Lubbock are ordered to STAY AT HOME or at their current place of residence. For purposes of this Order, "residence" includes hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence; 12) All public and private gatherings of any number of people occurring outside of a single household are hereby prohibited, except as otherwise provided in this Declaration. Nothing in this Declaration prohibits gatherings of members of a single household or living unit (an apartment for use by one family); 13) Travel away from a person's regular place of residence should be only for the purpose of obtaining essential goods and services or to the person's place of employment which furnishes essential goods or services; and 14) Any person who is sick or currently experiencing common COVID-19 symptoms, including fever, cough, or shortness of breath, is hereby ordered to STAY AT HOME until such time that: a. He or she has had no fever for at least 72 hours without the use of fever reducing medicine, such as Tylenol; and b. His or her other symptoms have improved; and c. At least 14 days have passed since the symptoms first appeared. If any person in a household has tested positive for COVID-19, all persons in the household are hereby ordered to STAY AT HOME and self -quarantine for a period of at least 14 days. Members of the household may not travel to work, school, or anywhere else until cleared by a medical professional. This order does not prohibit any person from leaving his or her residence to seek necessary medical or emergency care. SPECIFIC PROHIBITIONS 15) In accordance with the Guidelines from the Governor, the President and the CDC, eating or drinking at bars, restaurants, and food courts, or visiting gyms or massage parlors is hereby prohibited; provided, however, that the use of drive-thru, pickup, or delivery options is allowed and highly encouraged throughout the limited duration of this Declaration; and 16) In accordance with the Guidelines from the Governor, the President and the CDC, visiting at nursing homes or retirement or long-term care facilities is hereby prohibited unless to provide critical assistance. SPECIFIC CLOSURES 17) In accordance with the Guidelines from the Governor, the President and the CDC, the following commercial businesses, for which social distancing guidelines are impractical or impossible, are hereby prohibited and are ordered to cease operation and close: i) Non -essential Personal Services Businesses. Businesses which engage in direct, person -to -person services to the public which are not time -sensitive and which are not required for the immediate health or safety of the recipient, including, without limitation, hair salons, barbershops, hair stylists, nail salons, tattoo parlors, piercing businesses, tanning salons, and hair removal waxing businesses; ii) Non -essential Retail Establishments. Retail businesses which do not primarily sell or provide the products or services described in 18), below; iii) Commercial Amusement and Entertainment Venues; iv) Enclosed Shopping Malls. Any premises which include multiple adjacent retail establishments connected by an enclosed common area; and v) Group Meeting Spaces. Meeting rooms, ballrooms, or event spaces operated by multi -family apartment complexes or hotels. ESSENTIAL SERVICES 18) The following businesses are hereby deemed essential and may continue to operate, provided federal and CDC guidelines are followed, including affirmative steps to ensure that social distancing of 6 feet is maintained: i) Grocery Stores, Convenience Stores, Drug Stores, Pharmacies, and Package Stores; ii) Pet Supply Stores, Veterinary Clinics, and Boarding Kennels (but not groomers); iii) Healthcare Providers and Healthcare Facilities, including doctor and dental offices, physical therapists, hospitals, and clinics, provided they adhere to the Governor's Executive Order (GA 09) regarding elective procedures; iv) Vehicle Fueling, Maintenance, and Repair Facilities; v) Banks and Financial Institutions; vi) Professional Services, including attorneys, accountants, engineers, title companies, insurance agents, and other licensed professionals; vii) Office Buildings, where people work in individual enclosed spaces in groups of 10 or less; viii) Day Care Facilities; ix) Homeless Shelters providing services for people experiencing homelessness; x) Non-profit Providers of Essential Services; xi) Essential Government Services and Facilities; xii) Residential Buildings, including hotels and motels (except Group Meeting and Event Spaces); xiii) Transit Facilities, where people may be in transit or waiting for transit, such as airports, bus stops, or bus stations; xiv) Manufacturing, Distribution, and Logistics Facilities; xv) Laundromats and Dry Cleaners; xvi) Call Centers; and xvii) Critical Infrastructure Businesses which support critical infrastructure or supply chain needs, as described by the Cyber & Infrastructure Security Agency (CISA). 19) Residential, Commercial, and Industrial Construction Sites and Building Supply and Home Improvement Retailers may remain open, provided federal and CDC guidelines are followed, including affirmative steps to ensure that social distancing of 6 feet is maintained, including for customers waiting to enter the premises of a retail store, and only if occupancy inside the retail premises is limited to no more than 100 persons or '/2 of the posted occupancy limit, inclusive of employees, whichever is less; and 20) Retail Establishments not specifically described above as "Essential" are closed to customers; however, the use of drive through Pickup, Delivery, and Curb -side Delivery for merchandise is allowed and encouraged, provided federal and CDC guidelines are followed, including affirmative steps to ensure that social distancing of 6 feet is maintained, including for customers waiting to pick up merchandise. ALL OTHER BUSINESSES 21) Any business which is permitted to remain open and which does not specifically meet one of the categories described above is hereby required to adhere to federal and CDC guidelines, including affirmative steps to ensure that social distancing of 6 feet is maintained, including for anyone waiting to enter the premises, and at no time are more than ten persons permitted to be inside the premises, inclusive of employees and customers. ADDITIONAL REQUIREMENTS 22) The Lubbock Health Department may require additional occupancy, sanitation, signage, and social distancing practices for any business which remains open, to ensure that businesses comply with the Guidelines from the Governor, the President and the CDC; and 23) For ANY workplace that remains open, management of the business should facilitate and encourage practicing social distancing and good hygiene and, where feasible, require employees to work from home in order to achieve optimum isolation from COVID-19; and 24) The Mayor may update the restrictions set out in this order as necessary to respond to the evolving circumstances of this outbreak during the duration of the Disaster Declaration issued on March 16, 2020 and any extension of the Declaration by the City Council of the City of Lubbock. DIM DQUA1 25) Pursuant to Lubbock City Ordinance 1.04.007, the duties and powers of the chief of police, the chief of the fire department and the fire marshal are hereby amended such that if the owner or person responsible for the condition of a building or structure or premises, whether a resident or nonresident of the city, fails to comply with the order of the chief of police, the chief of the fire department and the fire marshal, to limit social gatherings in compliance with this Declaration in or on the building or structure or on the lot, tract or parcel of land or premises where such health hazard exists, as directed by the chief of police, the chief of the fire department and the fire marshal, the chief of police, the chief of the fire department and the fire marshal may abate the use of nonresidential buildings or structures, and to that end the chief of police, the chief of the fire department and the fire marshal shall have authority to close said nonresidential building or structure and to prevent its use or occupancy until the order of the chief of police, the chief of the fire department and the fire marshal has been complied with; and 26) Pursuant to Lubbock City Ordinance 1.04.010, it shall be unlawful for any person willfully to obstruct, hinder or delay any member of the civil defense organization in the enforcement of any rule or regulation issued pursuant to this article or to do any act forbidden by any rule or regulation issued pursuant to an emergency declaration; and 27) Pursuant to §418.173, failure to comply with an emergency management plan or with a rule, order, or ordinance adopted under the plan is an offense, punishable by a fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days; and 28) Peace officers, the Lubbock Police Department, Lubbock Code Enforcement Department, Lubbock Health Department, and Lubbock Fire Marshall's Office, are hereby authorized to enforce this order; and 29) That this Declaration shall take effect at 1:30 P.M. on April 3, 2020, shall supersede and supplant all prior Declarations, and shall continue until 11:59 P.M. on April 30, 2020, subject to extension thereafter based on the status of COVID-19 in Texas and the recommendations of the CDC. SO DECLARED and ORDERED on April 3, 2020 at 1:30 P.M. FOR THE DANIEL M. POPE,' ATTEST: .................................... City Secretary APPROVED AS TO CONTENT: W. Jvtlt,�X�i-2s on, City Manager LUBBOCK, TEXAS: