City Council Special
City of Stockton
Meeting Agenda - Final
City Council Special
Meeting
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
1:00 PMFriday, January 6, 2023
** SPECIAL **
1. SPECIAL SESSION CALL TO ORDER / ROLL CALL
2. PUBLIC COMMENT
*Members of the public may only comment regarding items on this agenda.
3. ITEMS FOR DISCUSSION
3.1 23-0041 RESOLUTION RATIFYING THE LOCAL EMERGENCY
PROCLAMATION DUE TO SEVERE WINTER STORMS
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution to:
1. Ratify the Proclamation of the Existence of a Local Emergency issued on January 1, 2023;
2. Authorize the City Manager to execute contracts and make purchases related to storm response and safety, utilizing the City's Emergency Procurement Policy;
3. Authorize the City Manager to utilize General Fund Contingency appropriation to cover emergency response expenses; and
4. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: City Manager
Attachment A - Proclamation - Severe Weather Emergency - Attested Proposed Resolution
Attachments:
4. ADJOURNMENT
1 January 6, 2023City Council Special Meeting Agenda - Final
CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on January 5, 2023, in compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
2 January 6, 2023City Council Special Meeting Agenda - Final *Members of the public may only comment regarding items on this agenda.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. e-Comment - follow the e-comment link on the City's agenda page stockton.granicusideas.com/meetings
2. Email - you may email your comments to [email protected]
3. Voicemail - you can leave a voice message by dialing (209) 937-8459.
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All proceedings before the City Council are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.
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CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
3 City of Stockton
Legislation Text
File #: 23-0041, Version: 1
RESOLUTION RATIFYING THE LOCAL EMERGENCY PROCLAMATION DUE TO SEVERE
WINTER STORMS
RECOMMENDATION
It is recommended that City Council adopt a resolution to:
1. Ratify the Proclamation of the Existence of a Local Emergency issued on January 1, 2023;
2. Authorize the City Manager to execute contracts and make purchases related to storm response and safety, utilizing the City’s Emergency Procurement Policy;
3. Authorize the City Manager to utilize General Fund Contingency appropriation to cover emergency response expenses; and
4. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
Acting in the capacity of the City’s Director of Emergency Services, the City Manager issued a Proclamation of the Existence of a Local Emergency on January 1, 2023, in response to extreme weather, which caused flooding and related damage Citywide (Attachment A).
Stockton Municipal Code (SMC) Title 2, Chapter 2.82, provides that an emergency proclamation made by the Director of Emergency Services must be ratified by the City Council within seven (7) days of issuance, or the proclamation shall have no further force or effect. With additional severe weather in the forecast, the City has a need to continue the Emergency Proclamation beyond seven (7) days. Ratifying the proclamation will enable the City Manager to act quickly in responding to issues resulting from the emergency.
DISCUSSION
Background
Under SMC 2.82, the purpose of the City’s Emergency Organization and Function is to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency, as well as provide direction and coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons.
SMC states that the City Manager shall be the Director of Emergency Services.
City of Stockton Printed on 1/5/2023Page 1 of 3
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An emergency is defined as the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, […] which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City […].
Present Situation
On or around December 27, 2022, severe winter storms caused by a series of atmospheric river systems, struck the San Joaquin Valley, bringing substantial precipitation, river and urban flooding, and high winds. The City activated its Emergency Operations Center (EOC) on December 31, 2022, and subsequently proclaimed a local emergency on January 1, 2023.
To date, the storms have forced local road closures, caused or threaten to cause damage to critical infrastructure, caused harm to residents and residential property in the City, and have caused major power outages Citywide. It is forecasted that additional storms related to this series of atmospheric river systems will continue to bring heavy rainfall, expected flooding, strong winds, and wind gusts, falling debris, downed trees, and widespread power outages. The ongoing storms will continue to be a threat to public safety, critical infrastructure, resources, and response time.
Issuing the Proclamation of Local Emergency provides the City Manager, acting as the Director of Emergency Services, the authority to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property; to require emergency services of any City officer or employee; among other duties.
Regulatory issues enacted under an Emergency Proclamation must also be confirmed by the City Council at the earliest practicable time.
Proclaiming a Local Emergency also provides a process for rapidly acquiring needed materials and services for critical, unforeseen government need amid an emergency under the Emergency Procurement Policy. An emergency procurement is any acquisition of supplies, services, construction, or demolition made in order to respond to or avert a threat to public health, safety, and/or welfare. This policy also provides for the waiving of some typical procurement procedures, such as temporarily lifting the City Manager’s contracting authority, in order to ensure purchases which are responsive to the emergency are made in a timely manner.
This Proclamation and Resolution, if adopted, shall be reviewed and renewed as needed. This Proclamation and Resolution shall remain in effect absent direction from the City Council and action from the City Manager.
FINANCIAL SUMMARY
There are no known costs associated with ratifying the Local Emergency Proclamation; however, the City is tracking expenses related to response as they may be eligible for reimbursement from the State. The Municipal Utilities, Public Works, Community Services, Fire, and Police Departments are incurring additional expenses to respond to the event and make repairs. These expenses may be above and beyond their normal budgets for operations and maintenance. Council Resolution #2022- 06-21-1601 (12) authorizes the City Manager or designee to move General Fund Contingency funds to other budget units in the case of an unexpected emergency. The proposed resolution confirms this City of Stockton Printed on 1/5/2023Page 2 of 3
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authority specific to this local emergency. The total impact is unknown at this time and dependent on potential reimbursement.
Attachment A - Proclamation - Severe Weather Emergency - Attested City of Stockton Printed on 1/5/2023Page 3 of 3
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6 ATTACHMENT A
7 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION OF THE STOCKTON CITY COUNCIL RATIFYING THE EXISTENCE OF
A LOCAL EMERGENCYDUE TO EXTREME WINTER STORMS
T he California Emergency Services Act, Government Code sections 8550, et seq., authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and
Stockton Municipal Code Title 2, Chapter 2.82, empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is exposed to actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City when the City Council is not in session; and
O n January 1, 2023, the City of Stockton Director of Emergency Services proclaimed the existence of a local emergency due to extreme winter weather, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services is hereby ratified.
2. The monetary limit on City Manager contracting and purchasing authority set out in Stockton Municipal Code 3.68.040 is suspended in order to the allow the City Manager the ability to effectively and efficiently continue response to public safety concerns and City operations during the pendency of this local emergency.
3. The City Manager is authorized to follow recommendation from State, Federal, and Local authorities, including but not limited to, the San Joaquin County Office of Emergency Services, the California Office of Emergency Services, FEMA, and other such organizations.
4. The City Manager or designee is authorized to utilize the General Fund Contingency appropriation, including transfers to other City funds, as needed for emergency response expenses related to this proclaimed emergency with a report of uses back to the City Council in the quarterly budget status reports. //
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8 5. The City Manager is authorized to take any and all actions that are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 6, 2023 .
KEVIN J LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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