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HomeMy WebLinkAboutCC Reso 2023-37 RESOLUTION NO. 2023-37 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL 4 CITY, CALIFORNIA, DECLARING THE CONTINUED EXISTENCE OF A 5 LOCAL EMERGENCY DUE TO TROPICAL STORM HILARY. 6 7 WHEREAS, CGC Section 8630, et seq., and Chapter 2.20 [Disasters & Emergencies] 8 of the Cathedral City Municipal Code ("CCMC") empower the City Council to declare and 9 proclaim a local emergency within the City; and, 10 WHEREAS, on August 19, 2023, Governor Newsom of the State of California declared 11 a State of Emergency to exist in, among others, Riverside County, in response to the extreme 12 weather conditions anticipated from Tropical Storm Hilary; and, 13 WHEREAS, on August 20, 2023, as a result of tropical Storm Hilary the City of 14 Cathedral City experienced extreme weather conditions resulting in heavy rainfall, stormflows, 15 flooding, mudslides and mudflows which caused both damage to public and private property, 16 injury and peril to persons within Cathedral City, and necessitating various emergency search 17 and rescue operations, removal of mud and debris from public roads, and other emergency 18 services; and, 19 WHEREAS, on August 21st the Director of Emergency Services, by and through his 20 designees, proclaimed a state of emergency within the City of Cathedral City due to the above 21 referenced conditions, which proclamation is attached hereto as Attachment "A"; and, 22 WHEREAS, on August 21st the Riverside County Chief Executive Officer declared a 23 local emergency for the entire county stemming from Tropical Storm Hilary impacts; and, 24 WHEREAS, on August 23rd the City Council ratified the Director of Emergency Service's 25 proclamation of a state of emergency; and 26 WHEREAS, on September 14th Governor Gavin Newsom sent a request to President 27 Biden for a major disaster declaration for the State of California; and 28 -1- RIV#4883-8397-4010 vl 1 WHEREAS, on October 11, 2023, the City Council passed a resolution continuing the 2 proclamation of a local emergency; and 3 WHEREAS, in response to the state of emergency, the City Council determines that 4 the City has been, and continues to be, required to utilize physical, personnel, and financial 5 resources of the City to take action to address the conditions referenced above within the 6 territorial jurisdiction of the City in order to provide for the safety of persons in the City, and to 7 provide continuity of essential services provided by the City. 8 NOW, THEREFORE, BE IT RESOLVED AND HEREBY ORDERED BY THE CITY 9 COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA AS FOLLOWS: 10 Section 1. That the above recitals are true and correct and based thereon, the Cit 11 Council hereby finds that the conditions referenced above are ongoing and constitute a situation 12 that severely impairs the public health, safety, and welfare within the City and constitute 13 conditions of extreme peril to the safety of persons and property within the City. 14 Section 2. That the Proclamation of Emergency issued by the Director of Emergenc 15 Services, by and through his designees, on August 21, 2023 (Attachment A) is hereby continued 16 and approved. 17 Section 2. That, as authorized in CGC Sections 8630 and 54956.5 and Chapter 2.21 18 of the CCMC. and based on the foregoing finding, an "emergency" as defined in CGC Section 19 54956.5(a) and CCMC Section 2.20.020, and a "local emergency" as defined in CGC Section 20 8558(c) has existed within the City since August 20, 2023, and continues to exist within th. 21 territorial jurisdiction of the City and is deemed to continue to exist, and shall be reviewed al 22 least once every 60 days, until its termination is proclaimed by the City Council of the City. 23 Section 3. That the City Manager, as the Director of Emergency Services, is hereb 24 authorized to exercise his powers, functions and duties as provided in Section 2.20.060 of th. 25 CCMC and pursuant to the City's Emergency Operations Plan. 26 Section 4. That a copy of this Resolution declaring the continued existence of a Local 27 emergency be forwarded to the Riverside County Operational Area, for forwarding to the Stat. 28 Director of Governor's Office of Emergency Services with a request that: -2- RIV#4883-8397-4010 vl 1 1. The State Director find the Proclamation of Local Emergency acceptable in 2 accordance with provisions of the Natural Disaster Assistance Act; and 3 2. The State Director forwards this Resolution to the Governor of California for 4 consideration and action. 5 Section 5. The City must renew the proclamation of the state of emergency every sixty 6 days, or until terminated. 7 8 PASSED, APPROVED, AND ADOPTED this 29th ay of vember, 2023. 10 11 RITA LAMB, Mayor ATTEST: 12 13 (itAie,p, ,(t) 14 TRACEY R. HERMOSILLO, City Clerk 15 16 17 APPROVED AS TO FOR • 18 19 20 ERIC S. VAIL, City Attorney 21 Burke, Williams & Sorensen, LLP 22 23 24 25 26 27 28 -3- R1V#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. 2023-37 was duly passed and adopted at a regular meeting 6 of the City Council of the City of Cathedral City held on the 29th day of November, 2023. Councilmember Mayor Pro Tem 7 Upon motion of Gregory , seconded by Carneva1 e, the foregoing Resolution 8 No. 2023-37 was duly passed and adopted. 9 Vote on the motion: 10 AYES: Councilmember Gutierrez, Gregory and Ross; Mayor Pro Tem Carnevale and Mayor Lamb 11 NOES: None 12 ABSENT: None 13 14 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the 15 City of Cathedral City this 29th day of November, 2023. 16 17 {U 18 - TRACEY R. HERMOSILL.0, City Clerk 19 20 21 22 23 24 25 26 27 28 -4- RIV#4883-8397-4010 vl