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HomeMy WebLinkAboutCC Reso 2023-29 RESOLUTION NO. 2023-29 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL 4 CITY, CALIFORNIA RATIFYING THE PROCLAMATION OF THE 5 EXISTENCE OF A LOCAL EMERGENCY DUE TO TROPICAL STORM 6 HILARY. 7 8 WHEREAS, California Government Code ("CGC") Section 54956.5 authorizes the City 9 Council of the City of Cathedral City ("City") to hold emergency meetings on shortened notice 10 to address emergency situations as determined by a majority of the City Council; and, 11 WHEREAS, California Government Code Section 54954.2 authorizes the City Council 12 to take actions not listed on the agenda, where deemed necessary by a majority of the City 13 Council to address emergency situations; and, 14 WHEREAS, CGC Section 8630, et seq., and Chapter 2.20 [Disasters & Emergencies] 15 of the Cathedral City Municipal Code ("CCMC") empower the City Council to declare and 16 proclaim a local emergency within the City; and, 17 WHEREAS, on August 19, 2023, Governor Newsom of the State of California declared 18 a State of Emergency to exist in, among others, Riverside County, in response to the extreme 19 weather conditions anticipated from Tropical Storm Hilary; and, 20 WHEREAS, on August 20, 2023, as a result of tropical Storm Hilary the City of 21 Cathedral City experienced extreme weather conditions resulting in heavy rainfall, stormflows, 22 flooding, mudslides and mudflows which caused both damage to public and private property, 23 injury and peril to persons within Cathedral City, and necessitating various emergency search 24 and rescue operations, removal of mud and debris from public roads, and other emergency 25 services; and, 26 27 28 -1- RIV#4883-8397-4010 vl 1 WHEREAS, on August 21st the Director of Emergency Services, by and through his 2 designees, proclaimed a state of emergency within the City of Cathedral City due to the above 3 referenced conditions, which proclamation is attached hereto as Attachment "A"; and, 4 WHEREAS, on August 21st the Riverside County Chief Executive Officer declared a 5 local emergency for the entire county stemming from Tropical Storm Hilary impacts; and, 6 WHEREAS, in response to the state of emergency, the City Council determines that 7 the City has been, and reasonably anticipates that the City will continue to be, required to 8 utilize physical, personnel, and financial resources of the City and to take action to address 9 the conditions referenced above within the territorial jurisdiction of the City in order to provide 10 for the safety of persons in the City, and to provide continuity of essential services provided 11 by the City; and, 12 WHEREAS, the City is actively providing support to those impacted by the emergency 13 and is cooperating with State, Federal and County services providers in their response to the 14 emergency; and, 15 WHEREAS, the City reasonably anticipates both asking for mutual aid from, and 16 providing mutual aid to, other communities who are addressing the emergency which will 17 require City to utilize the physical, personnel, and financial resources of the City of Cathedral 18 City. 19 NOW, THEREFORE, BE IT RESOLVED AND HEREBY ORDERED BY THE CITY 20 COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA AS FOLLOWS: 21 Section 1. That the above recitals are true and correct and based thereon, the Cit 22 Council hereby finds that the conditions referenced above constitute a situation that severel 23 impairs the public health, safety, and welfare within the City and constitutes conditions o' 24 extreme peril to the safety of persons and property within the City. 25 Section 2. That the Proclamation of Emergency issued by the Director of Emergenc 26 Services, by and through his designees, on August 21, 2023 (Attachment A) is hereby ratified 27 and approved. 28 -2- RIV#4883-8397-4010 vl 1 Section 2. That, as authorized in CGC Sections 8630 and 54956.5 and Chapter 2.21 2 of the CCMC. and based on the foregoing finding, an "emergency" as defined in CGC Section 3 54956.5(a) and CCMC Section 2.20.020, and a "local emergency" as defined in CGC Section 4 8558(c) has existed within the City since August 20, 2023, and continues to exist within th- 5 territorial jurisdiction of the City and is deemed to continue to exist, and shall be reviewed al 6 least once every 60 days, until its termination is proclaimed by the City Council of the City. 7 Section 3. That the City Manager, as the Director of Emergency Services, is hereb 8 authorized to exercise his powers, functions and duties as provided in Section 2.20.060 of th. 9 CCMC and pursuant to the City's Emergency Operations Plan. 10 Section 4. That a copy of this Resolution of Local emergency be forwarded to th 11 Riverside County Operational Area, for forwarding to the State Director of Governor's Office o' 12 Emergency Services with a request that: 13 1. The State Director find the Proclamation of Local Emergency acceptable in 14 accordance with provisions of the Natural Disaster Assistance Act; and 15 2. The State Director forwards this Resolution to the Governor of California fo 16 consideration and action. 17 Section 5. The City must renew the proclamation of the state of emergency every sixt 18 days, or until terminated. 19 20 PASSED, APPROVED, AND ADOPTED thi3rd day August 2023. 21 22 RITA LAMB, Mayor 23 ATTEST: 24 25 26 TRACEY . HERMOSILLO, City Clerk 27 28 -3- RIV#4883-8397-4010 vl 1 APPROVED AS TO F 2 3 ERIC S. VAIL, City Attorney 4 Burke, Williams & Sorensen, LLP 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- RIV#4883-8397-4010 vl 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 2 CITY OF CATHEDRAL CITY ) 3 4 I, Tracey R. Hermosillo, City Clerk of the City of Cathedral City, do hereby certify that 5 the foregoing Resolution No. 2023-29 was duly passed and adopted at a regular meeting of 6 the City Council of the City of Cathedral City held on the 23rd day of August 2023 by the 7 following vote: 8 9 AYES: Councilmember Gutierrez, Gregory and Ross; Mayor Pro Tern Carnevale and Mayor Lamb 10 NOES: None 11 ABSENT: None 12 13 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the 14 City of Cathedral City this 23rd day of August, 2023. 15 16 111t. i ,C.Et. ThZaC. .r'.�- 17 TRACE R. HERMOSILLO, City Clerk 18 19 20 21 22 23 24 25 26 27 28 -5- RIV#4883-8397-4010 vl [CITY SEAL] CITY OF CATHEDRAL CITY OFFICE OF DIRECTOR OF EMERGENCY SERVICES EMERGENCY ORDER NO. 001-2023 TITLE: PROCLAIMATION OF STATE OF EMERGENCY ISSUER: Director of Emergency Services ISSUED: August 21, 2023 EFFECTIVE: Immediate DURATION: August 24, unless extended. AUTHORITY: CCMC §2.20.060; CCMC § 3.24.011(F)(1); Gov. Code § 8610. The Director of Emergency Services hereby PROCLAIMS AND ORDERS the following: 1. PROCLOMATION OF LOCAL EMERGENCY. Pursuant to the California Emergency Services Act (Government Code section 8550 et seq.) and Section 2.20.060 of the Cathedral City Municipal Code (CCMC) the City Manager in his capacity as Director of Emergency Services, by and through his designees the Assistant City Manager in the capacity of Acting City Manager, and the Fire Chief in his capacity as Assistant Director of Emergency Services, hereby proclaim the existence of a state of emergency within the City of Cathedral City to due to conditions of extreme peril to the safety of persons and property within the City resulting from serious weather, flood, landslide, mudflow and other similar conditions caused or contributed to by Tropical Storm Hillary. The City notes that the Governor's Declaration of a statewide emergency on August 18, 2023. 2. EMERGENCY POWERS. The Director of Emergency Services and his delegates hereby invoke the emergency powers granted under CCMC section 2.20.060 including, without limitation the power to requisition necessary personnel and materials of any city department, to command the aid of citizens as may be deemed necessary, to execute all special powers conferred upon the Director of Emergency Services and his designates, and to make emergency expenditures pursuant to CCMC section 2.20.090. 3. DURATION OF ORDER. This Order is effective immediately and shall remain in effect until August 24, 2024 unless superseded by an Declaration of Emergency issued by the City Council of the City of Cathedral City or as may be extended by the Director of Emergency Services The City reserves the right to rescind or modify this Order at any time. 7. ENFORCEMENT. Violation of this Order is subject to punishment pursuant to CCMC section 2.20.100. 8. AUTHORITY FOR ORDER. CCMC §2.20.060; CCMC § 3.24.011(F)(1); Gov. Code § 8610 and State of California Declaration of Emergency re Hurricane Hillary dated August 18, 2023. 1 [CITY SEAL] CITY OF CATHEDRAL CITY OFFICE OF DIRECTOR OF EMERGENCY SERVICES ISSUED on this 21st day of August, 2023 BY: Anne V Ambrose Anne Ambrose, Acting City Manager/ Acting Director of Emergency Services Michael Contreras Michael A Contreras, Fire Chief/ Assistant Director of Emergency Services RIV 44888-9082-8154 vl 8/21/23 Signature: AnneQmb� " rose(Aug 21,2o23io:2o PDT) Signature: n— a f(A / 3 10:23 PDT) Email: aambrose@cathedralcity.gov Email: mcontreras@cathedralcity.gov 7 Emergency Proclamation .Cathedral City.Tropical Storm Hillary 4888-9082-8154 v. 1 Final Audit Report 2023-08-21 Created: 2023-08-21 By: Tracey Hermosillo(thermosillo@cathedralcity.gov) Status: Signed Transaction ID: CBJCHBCAABAARLmOJI-yw_QPpOhuKi8nNU7EpghCNGgR "Emergency Proclamation.Cathedral City.Tropical Storm Hillary 4888-9082-8154 v. 1 " History Document created by Tracey Hermosillo (thermosillo@cathedralcity.gov) 2023-08-21 -5:07:18 PM GMT r Document emailed to Anne Ambrose (aambrose@cathedralcity.gov) for signature 2023-08-21 -5:11:35 PM GMT Email viewed by Anne Ambrose (aambrose@cathedralcity.gov) 2023-08-21 -5:19:27 PM GMT &G Document e-signed by Anne Ambrose (aambrose@cathedralcity.gov) Signature Date:2023-08-21 -5:20:45 PM GMT-Time Source:server E. Document emailed to Michael Contreras (mcontreras@cathedralcity.gov) for signature 2023-08-21 -5:20:46 PM GMT Email viewed by Michael Contreras (mcontreras@cathedralcity.gov) 2023-08-21 -5:21:54 PM GMT & Document e-signed by Michael Contreras (mcontreras@cathedralcity.gov) Signature Date:2023-08-21 -5:23:12 PM GMT-Time Source:server Agreement completed. 2023-08-21 -5:23:12 PM GMT Adobe Acrobat Sign