City Council Special
City of Stockton
Meeting Agenda - Final
City Council Special
Meeting
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:45 PMThursday, August 3, 2023
** SPECIAL **
1. SPECIAL SESSION CALL TO ORDER / ROLL CALL
2. REPORT OF ACTION TAKEN IN CLOSED SESSION
3. PUBLIC COMMENT
*Members of the public may only comment regarding items on this agenda.
4. ITEMS FOR DISCUSSION
4.1 23-0732
RESOLUTION RATIFYING THE LOCAL EMERGENCY
PROCLAMATION DUE TO PUBLIC HEALTH AND SAFETY
RELATED TO UNHOUSED INDIVIDUALS
Recommended Action:
RECOMMENDATION
It is recommended that Council adopt a resolution to:
1. Ratify the Proclamation of the Existence of a Local Emergency from July 31, 2023;
2. Authorize the City Manager to execute contracts and make purchases related to public health and safety, utilizing the City's Emergency Procurement Policy;
3. Authorize the City Manager to utilize General Fund Contingency and American Rescue Plan Act (ARPA) Contingency as needed 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 - Emergency Proclamation - July 31, 2023
Proposed Resolution
Attachments:
5. ADJOURNMENT
August 3, 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 August 2,2023 in compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
August 3, 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
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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.
City of Stockton
Legislation Text
File #: 23-0732, Version: 1
RESOLUTION RATIFYING THE LOCAL EMERGENCY PROCLAMATION DUE TO PUBLIC
HEALTH AND SAFETY RELATED TO UNHOUSED INDIVIDUALS
RECOMMENDATION
It is recommended that Council adopt a resolution to:
1. Ratify the Proclamation of the Existence of a Local Emergency from July 31, 2023;
2. Authorize the City Manager to execute contracts and make purchases related to public health and safety, utilizing the City’s Emergency Procurement Policy;
3. Authorize the City Manager to utilize General Fund Contingency and American Rescue Plan Act (ARPA) Contingency as needed 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 as the City’s Director of Emergency Services, the City Manager issued a Proclamation of the Existence of a Local Emergency on July 31, 2023, in response to a declaration by the Stockton Shelter for the Homeless (Stockton Shelter) that it would be closing its doors for services, effective August 15, 2023 (Attachment A).
Under Stockton Municipal Code (SMC) 2.82, such a proclamation must be ratified by the City Council within seven (7) days of issuance, or the proclamation shall have no further force or effect. With the severity and complexity of this situation, the City has a need to continue the Emergency Proclamation beyond seven (7) days.
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.
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File #: 23-0732, Version: 1
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, […] epidemic, riot, earthquake or other conditions […] which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City […].
Present Situation
During the week of July 24th, City and County staff met with representatives from the Stockton Shelter who indicated they would work with all parties involved to facilitate transition of the shelter management and operations in an effort to keep individuals housed.
On or around July 28, 2023, the City was made aware that the Stockton Shelter announced to its staff and others that it would be discontinuing services and operations as of August 15, 2023, and dissolving completely. Such a closure would displace nearly 250 unhoused individuals within the Stockton community, extending the City’s ability to provided resources beyond its capacity, causing a severe public health and safety concern.
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.
Under SMC 2.82, the City Manager shall also control and direct the efforts of the emergency organization of the City to accomplish the purposes set forth herein; direct and coordinate services of staff; and represent the City in all dealings with public and private agencies on matters pertaining to the emergencies as defined herein.
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
The full financial impact caused by addressing the local emergency are unknown at this time, however, the City has committed to tracking expenses related to the response. These expenses may be above and beyond their normal budgets for operations and maintenance. Council Resolution #2023-06-20-1601 (12) authorizes the City Manager or designee to move General Fund Contingency City of Stockton Printed on 8/2/2023Page 2 of 3
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File #: 23-0732, Version: 1
funds to other budget units in the case of an unexpected emergency. The proposed resolution confirms this authority specific to this local emergency.
To secure a managing partner for shelter operations and stabilize the response to unsheltered homeless following requirements with state and federal guidelines, such as low barrier and housing first it is anticipated that a commitment of up to $5.3 million would be required over three years. This funding amount is anticipated to be augmented by a similar amount from the County.
Possible sources of funds that can be utilized to stabilize and continue shelter operations include:
· American Rescue Plan Act (ARPA) - Contingency
· Homeless Housing, Assistance and Prevention (HHAP) Grant - Round 1 and 3 · General Fund - Contingency up to $2 million
It is important to note that Federal and State Funding such as ARPA and HHAP have restrictions that include eligible uses, currently adopted plans that dictate use and spending deadlines. A combination of funding sources will be necessary to allow for flexibility and grant compliance.
Attachment A - Emergency Proclamation - July 31, 2023
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CITY OF STOCKTON
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
The Stockton Municipal Code Section 2.82 empowers the City Manager, as Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected by conditions of disaster or of extreme peril to the safety of persons and property within the City and the Council is not in session.
The City Manager, acting as Director of Emergency Services, does hereby find that:
1. The City is at risk of suffering severe injury or loss due to the instability of the Stockton Shelter for the Homeless (Stockton Shelter);
2. The Stockton Shelter has indicated that it will be discontinuing service in the community effective August 15, 2023, immediately displacing nearly 250 unhoused individuals within the Stockton community;
3. Such a displacement would extend the City's resources beyond capacity, and as a precautionary measure, the City has a need to intervene and make its best efforts to stabilize the situation; and
4. The City Council of the City of Stockton is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be prescribed by state law, ordinances, and resolutions of this City, and by the City of Stockton Emergency PI DATE: JULY 31 , 2023
CITY MAN
DIRECTOR OF EMERGENCY SERVICES
ATTACHMENT A
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION OF THE STOCKTON CITY COUNCIL CONFIRMING THE EXISTENCE
OF A LOCAL EMERGENCY DUE TO PUBLIC HEALTH AND SAFETY CONCERNS
RELATED TO UNHOUSED INDIVIDUALS
The 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 section 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 if exposed to an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session; and
The Stockton Shelter for the Homeless has declared its closure effective August 15, 2023, displacing nearly 250 unhoused individuals within the City of Stockton, and threatening to extend the City’s resources beyond capacity. Such a displacement could jeopardize the public health and safety of the City; and
On July 31, 2023, the City of Stockton Director of Emergency Services proclaimed the existence of a local emergency; 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 section 3.68.040 is suspended in order to the allow the City Manager the ability to effectively and efficiently continue the response to public health and safety concerns and City operations during the pendency of this local emergency.
3. The City Manager or designee is authorized t o utilize the General Fund Contingency and American Rescue Plan Act (ARPA) Contingency 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.
4. The City Manager shall direct the coordination of services and staff of the emergency organization of the City, as well as direct the City’s cooperation in all dealings with public and private agencies dealing with the matters pertaining to this emergency.
5. The City Manager is authorized to follow recommendation s 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.
6. The local emergency shall continue to exist until its termination is proclaimed by the City Manager or the City Council.
7. The City Manager is hereby authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED August 3, 2023 .
KEVIN J LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton