HomeMy WebLinkAboutResolutions - No. 2023-01RESOLUTION NO. 2023-01
A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE
PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES
FOR THE CITY OF LODI CONCERNING THE EXISTENCE OF A LOCAL
EMERGENCY RELATED TO EXTREME WEATHER, EXTENDING THE
CONTRACT AUTHORITY OF THE CITY MANAGER FOR SERVICES
AND GOODS RELATED TO EXTREME WEATHER EVENTS TO A
MAXIMUM AMOUNT OF $500,000 FOR THE DURATION OF THE
LOCAL EMERGENCY; AND TO SUSPEND THE PURCHAING SYSTEM
SET FORTH IN LODI MUNICIPAL CODE CHAPTER 3.20 FOR THE
DURATION OF THE LOCAL EMERGENCY FOR THE PURCHASE OF
GOODS AND SERVICES RELATED TO EXTREME WEATHER EVENTS
DURING THE LOCAL EMERGENCY
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, on January 4, 2023, the Governor of the State of California
proclaimed a State of Emergency in California after deciding, in part, that:
Beginning December 27, 2022, severe winter storms related to a series of
atmospheric river systems struck California, bringing high winds,
substantial precipitation, and river and urban flooding; and
2. It is forecasted that additional and continuing storms related to this series
of atmospheric river systems threaten California, bringing heavy rainfall,
expected flooding, strong winds and wind gusts, falling debris, downed
trees, and widespread power outage; and
WHEREAS, effective January 1, 2023, the Directors of Emergency Services for
San Joaquin County proclaimed an emergency due to a series of winter atmospheric
rivers, because San Joaquin County was affected by a "public calamity" when the Board
of Supervisors was not in session; and
WHEREAS, the City of Lodi activated its Emergency Operations Center (EOC) on
or about 10:00 a.m. on December 31, 2022; and
WHEREAS, conditions of disaster and extreme peril to the safety of the persons
and property have arisen within the City, caused by uncommon and extreme weather
conditions known as atmospheric rivers, consisting of heavy rainfall and high wind,
commencing on or about 12:00 a.m. on December 31, 2022, resulted in heavy rainfall,
localized flooding, high winds, falling debris, downed trees, and power outages; 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:
"The 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, the Lodi City Council does hereby find that the aforesaid conditions
of extreme peril did warrant and necessitate the proclamation of the existence of a local
emergency.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that 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 effective as of 10:00 a.m. on December 31,
2022, attached hereto as Exhibit A, is hereby ratified; 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 Lodi City Council does hereby approve an
increase in the City Manager's contracting authority for services and goods related to the
City's response to the local emergency resulting from extreme weather, to a maximum
amount of $500,000, for the duration of the local emergency; 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 extreme weather; and
BE IT FURTHER RESOLVED that State law requires that the City Council ratify
the Proclamation every thirty (30) days hereafter until the local emergency is terminated.
Dated: January 4, 2023
I hereby certify that Resolution No. 2023-01 was passed and adopted by the City
Council of the City of Lodi in a special meeting (emergency situation) pursuant to
Government Code Section 54956.5 was held at 7:00 p.m. on January 4, 2023, by the
following vote:
AYES: COUNCIL MEMBERS — Bregman, Craig, Khan, Nakanishi, and
Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Approved as to Form:
ANIC D. MAGDICH
City --Attorney
2023-01
OLIVIA NASHED
City Clerk
Exhibit A
Proclamation of the Director of Emergency Services
for the City of Lodi Finding the Existence of a Local
Emergency (Extreme Weather)
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:
"The 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 January 4, 2023, the Governor of the State of California proclaimed a
State of Emergency in California after deciding, in part, that:
1. Beginning December 27, 2022, severe winter storms related to a series of
atmospheric river systems struck California, bringing high winds, substantial
precipitation, and river and urban flooding; and
2. It is forecasted that additional and continuing storms related to this series of
atmospheric river systems threaten California, bringing heavy rainfall, expected
flooding, strong winds and wind gusts, falling debris, downed trees, and
widespread power outage; and
WHEREAS, effective January 1, 2023, the Directors of Emergency Services for San
Joaquin County proclaimed an emergency due to a series of winter atmospheric rivers, because
San Joaquin County was affected by a "public calamity" when the Board of Supervisors was not
in session; and
WHEREAS, the City of Lodi activated its Emergency Operations Center (EOC) on or about
10:00 a.m, on December 31, 2022; and
WHEREAS, conditions of disaster and extreme peril to the safety of the persons and
property have arisen within the City, caused by uncommon and extreme weather conditions
known as atmospheric rivers, consisting of heavy rainfall and high wind, commencing on or about
12:00 a.m. on December 31, 2022, resulted in heavy rainfall, localized flooding, high winds, falling
debris, downed trees, and power outages; and
WHEREAS, the City Council is not now in session.
NOW, THEREFORE, THE UNDERSIGNED HEREBY FINDS, DETERMINES AND
DECLARES that as of 10:00 a.m. December 31, 2022, that a local emergency now exists
throughout the City of Lodi due to severe winter storms related to a series of atmospheric rivers
that commenced on or about 12:00 a.m. on December 31, 2022 and are forecasted to continue
for the next several days; and
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: January 4, 2023 lj "u
Stephen Sch� vabauer
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.
Approved as to Form:
Ja is D. Magdich
City Attorney