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RESOLUTION RATIFYING THE LOCAL EMERGENCY PROCLAMATION DUE TO THE GOLDEN MUSSEL (LIMNOPERNA FORTUNEI) INFESTATION
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RECOMMENDATION
It is recommended that Council adopt a resolution to:
1. Ratify the Proclamation of the Existence of a Local Emergency due to the Golden Mussel (Limnoperna Fortunei) infestation from June 19th, 2026;
2. Suspend the monetary limit on City Manager contracting and purchasing authority set out in Stockton Municipal Code section 3.68.040 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. Authorize the City Manager to execute contracts and make purchases related to the public health and safety threat identified in the Proclamation, utilizing the City’s Emergency Procurement Policy;
4. Authorize the City Manager to utilize General Fund Contingency and American Rescue Plan Act (ARPA) Contingency as needed to cover emergency response expenses related to the Proclamation; and,
5. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
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Summary
Acting as the City's Director of Emergency Services, the City Manager issued a Proclamation of the Existence of a Local Emergency on June 19th, 2026, in response to the detection of the invasive golden mussel (Limnoperna fortunei) in Stockton's Delta waters, which poses an immediate threat to municipal water conveyance, operational equipment, and critical flood infrastructure.
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 (Exhibit 1 to the Resolution).
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.
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
The City of Stockton is currently facing an unprecedented biological threat to its critical water and flood infrastructure due to the rapid proliferation of the invasive golden mussel (Limnoperna fortunei).
In October 2024, the invasive golden mussel was first detected in North America within the Sacramento-San Joaquin River Delta near the Port of Stockton. It is believed to have been introduced via ballast water discharge from international commercial vessels.
In April 2025, the State of California put out the Golden Mussel Response Framework to provide recommendations to state and local policy makers, managers, and the public on how to respond to detections of golden mussel. The recommendations include statewide and local response recommendations with the goal of preventing further introductions and spread of golden mussel within the state, containing mussels within currently infested waters, and suppressing mussel populations within infested waters to minimize impacts to the environment, economy, infrastructure, and human health.
In September 2025, City staff detected the golden mussel at the City of Stockton Delta Intake Pump Station (IPS).
In November 2025, the City contracted a professional dive inspector, who inspected the Delta Intake Pump Station and confirmed the presence of golden mussels in the wet well and encrusted on the fish screens.
City staff is currently focused on mechanical removal of the mussel from the Intake Pump Station (IPS), clearing fish screens, wet well decontamination, and frequent monitoring using underwater drones and dive teams. Staff is also deploying the ReadyOp secure incident management platform for the Office of Emergency Services to coordinate the response.
The golden mussel possesses staggering reproductive capabilities (up to 1 million offspring per female annually). As stated above, dive inspections have confirmed the presence of Golden Mussel in the IPS wet well, fish screens, and oil containment booms. The golden mussel has the ability to cluster and restrict the internal diameter of the City’s 54” Raw Water Main that travels nearly 14 miles from the Intake Pump Station to the Delta Water Treatment Plant, which could reduce the City’s capacity to provide water. Additionally, the infestation could threaten the operational integrity of the newly constructed $100 million Smith Canal Gate. The failure of that gate puts City residents' safety and property at risk.
Under SMC 2.82.070 if a local emergency is proclaimed and ratified by the City Council, the City Manager, acting as the Director of Emergency Services, is empowered to do the following:
A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council.
B. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use.
C. To require emergency services of any City officer or employee, and in the event of the proclamation of a "state of emergency" by the Governor in the County in which this City is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers.
D. To requisition necessary personnel or material of any City department or agency.
E. To execute all of his or her ordinary power as City Manager, all of the special powers conferred upon him or her by this code or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him or her by any statute, by any agreement approved by the City Council, and by any other lawful authority.
Also, under SMC 2.82.060 the City Manager can also request the Governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency.
Moving forward with this emergency proclamation allows the City Manager to take actions quickly that will provide several critical benefits to the City:
1. Prevent Catastrophic Failure: Allows immediate intervention before IPS pumps overheat or become permanently inoperable.
2. Suspend Procurement Bureaucracy: Grants City departments the statutory authority under the California Emergency Services Act to bypass time-consuming public bidding, allowing hardware and contractors to be secured immediately.
3. Activate CEQA Exemptions: Legally classify the remediation efforts as "Emergency Projects," bypassing lengthy environmental impact reports that would stall infrastructure defense.
4. Unlock direct emergency funding streams, positioning the City to seek State (California Disaster Assistance Act) and Federal cost-recovery reimbursements.
This Proclamation, if ratified, shall remain in effect until it is terminated by the City Manager or the City Council.
FINANCIAL SUMMARY
Currently, funds for emergency expenditure are available through the Municipal Utilities Department Water Fund Account 6513-511-630006-600-000-00-65-000-000. However, under the Proclamation, the City Manager is authorized to utilize the General Fund Contingency and American Rescue Plan Act (ARPA) Contingency as needed for the emergency response expenses with a report of uses back to the City Council in the quarterly budget status reports. Additionally, the proposed resolution confirms the City Manager's authority to transfer General Fund Contingency funds to other budget units in the event of an unexpected emergency. Pursuant to SMC 2.82.110 any expenditures made in connection with emergency activities shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.
Staff will return to Council with specific budget appropriations as emergency contracts are executed and future mitigation systems are engineered.
By formally declaring a local emergency, the City unlocks direct emergency funding streams and becomes legally positioned to seek cost-recovery reimbursements for these specialized expenditures through the California Disaster Assistance Act (CDAA) and applicable Federal emergency relief programs.