Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A PURSUANT TO CHAPTER 2.14 OF THE
CHULA VISTA MUNICIPAL CODE RATIFYING THE
PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY
OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF CHULA VISTA
WHEREAS, on August 18, 2023 the National Weather Service issued a Tropical Storm Warning, and Flash Flood Watches with respect to tropical storm force winds and life threatening flooding impacts between August 19, 2023 and August 22, 2023 in San Diego County; and
WHEREAS, on August 19, 2023 the Governor of the State of California proclaimed a State of Emergency arising from “Hurricane Hilary”, citing heavy rain, flooding, gusty winds; and
WHEREAS, on August 19, 2023 following the iss uance of the Governor’s State of Emergency proclamation, the County Director of Emergency Services also issued a proclamation of local emergency in San Diego County in response to “Tropical Cyclone Hilary”; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the city of Chula Vista, caused by Tropical Storm Hilary from August 18 through August 21, 2023, which has required the implementation of emergency protective measures and increased response operations for excessive flooding, downed trees and power lines, emergency sheltering operations, sinkholes, and created other hazards to health and human safety commencing on or about 3:00 p.m. on August 20, 2023; and
WHEREAS, Section 2.14.080(A) of the Chula Vista Mu nicipal Code authorizes the Director of Emergency Services to issue a proclamation of the existence or threatened existence of a local emergency in the City of Chula Vista if the City Council is not in session; and
WHEREAS, on August 21, 2023, the Director of Emergency Services issued a Proclamation of the Existence of a Local Emergency (“Proclamation”) in the City of Chula Vista, attached hereto as Exhibit 1 , as a result of the imminent threat to life and property and the immediate need to cond uct emergency response actions to mitigate the impacts from a tropical storm; and
WHEREAS, whenever a local emergency is proclaimed by the Director of Emergency Services, Chula Vista Municipal Code Section 2.14.080(A) requires the City Council to take action to ratify the proclamation at their next regularly scheduled Council meeting held after the date of the proclamation, or the proclamation shall have no further force; and
WHEREAS, California Government Code section 8630(b) states that when a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not Resolution No.
remain in effect for a period in excess of seven days unless it has been ratified by the governing body; and
WHEREAS, as a result of the existence and threatened existence of conditions the imminent threat to life and property within the City resulting from Tropical Storm Hilary , it is necessary to exercise the City Council’s authority to ratify the Proclamation of the Director of Emergency Services; and
WHEREAS, there is a need to continue the local emergency until the impacts of Tropical Storm Hilary, including the costs of preparing and responding to the storm, are more fully known; and
WHEREAS, Government Code section 8360 requires the City Council to review the need to continue the local emergency at least once every 60 days until the City Council terminates the local emergency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that:
1. Based on the facts and circumstances set forth above, the August 21, 2023 Proclamation of the Existence of a Local Emergency of the Emergency Services Director of the City of Chula Vista, attached hereto as Exhibit 1, is hereby ratified.
2. The following finding is made: there is a need to cont inue the local emergency until otherwise determined, in accordance with the Government Code section 8630 review requirements.
Presented by Approved as to form by
Maria V. Kachadoorian Jill D.S. Maland
City Manager/Director of Emergency Services Lounsbery Ferguson Altona & Peak Acting City Attorney