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RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, DECLARING THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY DUE TO TROPICAL STORM HILARY.
WHEREAS, CGC Section 8630, et seq., and Chapter 2.20 [Disasters & Emergencies] of the Cathedral City Municipal Code (“CCMC”) empower the City Council to declare and proclaim a local emergency within the City; and,
WHEREAS, on August 19, 2023, Governor Newsom of the State of California declared a State of Emergency to exist in, among others, Riverside County, in response to the extreme weather conditions anticipated from Tropical Storm Hilary; and, WHEREAS, on August 20, 2023, as a result of tropical Storm Hilary the City of Cathedral City experienced extreme weather conditions resulting in heavy rainfall, stormflows, flooding, mudslides and mudflows which caused both damage to public and private property, injury and peril to persons within Cathedral City, and necessitating various emergency search and rescue operations, removal of mud and debris from public roads, and other emergency services; and,
WHEREAS, on August 21 st the Director of Emergency Services, by and through his designees, proclaimed a state of emergency within the City of Cathedral City due to the above referenced conditions, which proclamation is attached hereto as Attachment “A”; and, WHEREAS, on August 21st the Riverside County Chief Executive Officer declared a local emergency for the entire county stemming from Tropical Storm Hilary impacts; and, WHEREAS, on August 23rd the City Council ratified the Director of Emergency Service’s proclamation of a state of emergency; and
WHEREAS, on September 14th Governor Gavin Newsom sent a request to President Biden for a major disaster declaration for the State of California; and -2-
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WHEREAS, on October 11, 2023, the City Council passed a resolution continuing the proclamation of a local emergency; and
WHEREAS, in response to the state of emergency, the City Council determines that the City has been, and continues to be, required to utilize physical, personnel, and financial resources of the City to take action to address the conditions referenced above within the territorial jurisdiction of the City in order to provide for the safety of persons in the City, and to provide continuity of essential services provided by the City.
NOW, THEREFORE, BE IT RESOLVED AND HEREBY ORDERED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA AS FOLLOWS:
Section 1.That the above recitals are true and correct and based thereon, the City Council hereby finds that the conditions referenced above are ongoing and constitute a situation that severely impairs the public health, safety, and welfare within the City and constitutes conditions of extreme peril to the safety of persons and property within the City.
Section 2.That the Proclamation of Emergency issued by the Director of Emergency Services, by and through his designees, on August 21, 2023 (Attachment A) is hereby continued and approved.
Section 2.That, as authorized in CGC Sections 8630 and 54956.5 and Chapter 2.20 of the CCMC. and based on the foregoing finding, an “emergency” as defined in CGC Section 54956.5(a) and CCMC Section 2.20.020, and a “local emergency” as defined in CGC Section 8558(c) has existed within the City since August 20, 2023, and continues to exist within the territorial jurisdiction of the City and is deemed to continue to exist, and shall be reviewed at least once every 60 days, until its termination is proclaimed by the City Council of the City.
Section 3. That the City Manager, as the Director of Emergency Services, is hereby authorized to exercise his powers, functions and duties as provided in Section 2.20.060 of the CCMC and pursuant to the City’s Emergency Operations Plan.
Section 4. That a copy of this Resolution declaring the continued existence of a Local emergency be forwarded to the Riverside County Operational Area, for forwarding to the State Director of Governor’s Office of Emergency Services with a request that:
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1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and
2. The State Director forwards this Resolution to the Governor of California for consideration and action.
Section 5. The City must renew the proclamation of the state of emergency every sixty days, or until terminated.
PASSED, APPROVED, AND ADOPTED this 29th day of November, 2023. _______________________________
RITA LAMB, Mayor
ATTEST:
______________________________
TRACEY R. HERMOSILLO, City Clerk
APPROVED AS TO FORM:
_____________________________
ERIC S. VAIL, City Attorney
Burke, Williams & Sorensen, LLP
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF CATHEDRAL CITY )
I, Tracey R. Hermosillo, City Clerk of the City of Cathedral City, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Cathedral City held on the 29th day of November, 2023.
Upon motion of _________, seconded by _________, the foregoing Resolution No.________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Cathedral City this 29th day of November, 2023. ___________________________________
TRACEY R. HERMOSILLO, City Clerk