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CC Resolution 2023-032 LQ Local Emergency Hurricane HilaryRESOLUTION NO. 2023 — 032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RATIFYING THE ACTING CITY MANAGER'S PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO HURRICANE HILARY, AND AUTHORIZING THE CITY MANAGER, ACTING CITY MANAGER, AND CITY FINANCE DIRECTOR TO APPLY FOR AND RECEIVE FEDERAL AND STATE PUBLIC ASSISTANCE, AS SPECIFIED WHEREAS, California Government Code Section 8630 and La Quinta Municipal Code Section 2.20.080 empowers the City Council, or, if the City Council is not in session, by (1) any member of the City Council acting individually; (2) City Manager; (3) Chief of Police; (4) Fire Chief; or (5) Acting City Manager, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and WHEREAS, California Government Code Section 8630 and La Quinta Municipal Code Section 2.20.080 empowered the Acting City Manager to proclaim a "local emergency," as that term is defined in Government Code Section 8558, subject to City Council ratification within seven (7) days; and WHEREAS, on August 20, 2023, the Acting City Manager did find the existence or threatened existence of conditions of a disaster or of extreme peril to the safety of the persons and property within the City of La Quinta, and which conditions were or were likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Claremont, requiring the combined forces of other political subdivisions to combat, and that the City Council was not in session; and WHEREAS, the City Council does hereby find that conditions of a disaster or of extreme peril to the safety of persons and property within the City of La Quinta did arise due to the severe wind storm commencing on or about August 20, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council does hereby ratify the Acting City Manager's Proclamation, attached hereto as Exhibit 1 and incorporated herein by this reference, and the City Council does hereby adopt the findings of the Acting City Manager, as set forth in the attached Proclamation, as the findings of the City Council meriting the proclamation of the local emergency within the City of La Quinta. SECTION 2. The City Manager or Acting City Manager is continued to be designated as the authorized representative for public assistance, and the City's Finance Resolution No. 2023 — 032 Local Emergency Proclamation — Hurricane Hilary Adopted: August 23, 2023 Page 2 of 3 Director is continued to be designated as the authorized representative for individual assistance of the City of La Quinta for the purpose of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state and federal assistance, including financial assistance, in response to the local emergency as identified and proclaimed in the Acting City Manager's Proclamation. SECTION 3. The local emergency shall be deemed to exist until the termination on the date as identified in the Acting City Manager's Proclamation, which is 11:59 p.m. on the 27th day of August, 2023. SECTION 4. A copy of this Resolution and attached Acting City Manager Proclamation shall be forwarded to the Governor of California with the request that he proclaim the City of La Quinta to be in a state of emergency; and that a copy of this Resolution and attached Acting City Manager Proclamation be forwarded to the State Director of the Office of Emergency Services; and that a copy of this Resolution and attached Acting City Manager Proclamation be forwarded to the Riverside County Emergency Management Department Duty Officer. SECTION 5. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED at a special meeting of the La Quinta City Council held on this 23rd day of August 2023, by the following vote: AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RA EVA, -ity Clerk City of La Quinta, California Resolution No 2023 — 032 Local Emergency Proclamation — Hurricane Hilary Adopted: August 23, 2023 Page 3 of 3 APPROVED AS TO FORM: WILLIAM Fi. THRKE, City Attorney City of La Quinta, California IWAVIAliffil PROCLAMATION OF A LOCAL EMERGENCY A DECLARATION OF THE ACTING CITY MANAGER / EMERGENCY CORPS COMMANDER OF THE CITY OF LA QUINTA, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 8630 AND LA QUINTA MUNICIPAL CODE SECTION 2.20.080 WHEREAS, on August 18, 2023, Hurricane Hilary began bringing heavy rain, flooding, lightning, and gusty winds to Southern California, necessitating the proposition of significant resources, including swift water rescue teams and the California National Guard, to protect health and safety and preserve the lives and property of the people of the State of California; and WHEREAS, the National Weather Service issued a series of Flood Watches August 18, 2023, warning of potential significant flooding between August 19, 2023, and August 22, 2023, in several California counties, including Riverside County; and WHEREAS, the City of La Quinta is incorporated in Riverside County and located in an area of the county, the Coachella Valley, that has been identified as potentially suffering from extreme weather -related events as a result of Hurricane Hilary; and WHEREAS, the National Weather Service has warned that Hurricane Hilary may bring the potential for isolated tornadoes across portions of Southern California; and WHEREAS, the National Weather Service has warned that Hurricane Hilary is expected to reach Southern California at tropical storm strength on August 20, 2023; Flash Flooding and strong tropical storm force winds can be expected across the whole region, with rare and dangerous flooding expected across the mountains and desert; and WHEREAS, the Governor of the State of California proclaimed a State of Emergency on August 19, 2023, in response to the extreme weather -related events as a result of Hurricane Hilary; and WHEREAS, California Government Code Section 8630 and La Quinta Municipal Code Section 2.20.080 empowers the City Council, or, if the City Council is not in session, by (1) any member of the City Council acting individually; (2) City Manager; (3) Chief of Police; (4) Fire Chief; or (5) Acting City Manager, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and WHEREAS, La Quinta Municipal Code Section 2.20.020 defines the terms emergency or disaster to mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused Proclamation of Local Emergency — Hurricane Hilary Declared: August 20, 2023 Page 2 of 4 by such conditions as, among other events, floods, storms, and other conditions that are or are likely to be beyond the control of the services, regular personnel, equipment and facilities of the City and which may require the combined forces of other political jurisdictions; and WHEREAS, based on the foregoing recitals and the continued monitoring of extreme weather -related events resulting from Hurricane Hilary, the Acting City Manager does hereby find that potential conditions of extreme peril to the safety of persons and property may arise within the City, caused by heavy rain, strong tropical strength winds, and major flash flooding, expected to commence on or about 12:00 p.m. on the 20th day of August 2023, and that the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS, pursuant to La Quinta Municipal Code Section 2.20.090, the Acting City Manager shall be the Emergency Corps Commander for the duration of the existence of a local emergency, as the City Manager has designated the Acting City Manager to serve in his absence while on vacation pursuant to Memorandum dated August 10, 2023, incorporated herewith by the reference as Exhibit A; and WHEREAS, in accordance with La Quinta Municipal Code Section 2.20.100, the Emergency Corps Commander may direct all agencies of the city government to utilize and employ city personnel, equipment and facilities for the performance of any and all activities designed to prevent or alleviate actual or threatened damage due to the local emergency; and WHEREAS, California Government Code Section 3100 declares that the protection of the health and safety and preservation of the lives and property of the people of the state from the effects of natural, manmade, or war -caused emergencies which result in conditions of disaster or in extreme peril to life, property, and resources is of paramount state importance requiring the responsible efforts of public and private agencies and individual citizens; and WHEREAS, in furtherance of the exercise of the police powers of the state, counties, and local agencies, in protection of its citizens and resources, all public employees are declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superior or by law; and WHEREAS, as required by California Government Code Section 3102, all City employees, before they enter upon the duties of their employment, take and subscribe to the oath of affirmation affirming and accepting to act in their capacity as disaster service workers as prescribed by law. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Acting City Manager of the City of La Quinta, California, that a local emergency now exists throughout the City of La Quinta; and Proclamation of Local Emergency — Hurricane Hilary Declared: August 20, 2023 Page 3 of 4 IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Emergency Manager and the emergency organization of the City of La Quinta shall be those prescribed by state law, by ordinances, and resolutions of this City; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that the Emergency Operations Center Director or his/her successor or assignee is hereby designated as the authorized representative of the City of La Quinta for the purpose of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state and federal assistance; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to exist for a period of seven (7) days, and unless ratified and extended by the City Council of the City of La Quinta, it shall terminate at 11:59 p.m. on the 27th day of August 2023, in accordance with La Quinta Municipal Code Section 2.20.080; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation shall be forwarded to the Governor of California with the request that he proclaim the City of La Quinta to be in a state of emergency; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the State Director of the Office of Emergency Services; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Riverside County Emergency Management Department Duty Officer; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that the City Manager or Acting City Manager is hereby designated as the authorized representative for public assistance and the City's Finance Director is hereby designated as the authorized representative for individual assistance of the City of La Quinta for the purpose of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state and federal assistance. ISSUED, DECLARED AND PROCLAIMED this 20th day of August 2023, pursuant to California Government Code Section 8630 and La Quinta Municipal Code Section 2.20.080. l/ MONIKA RADEVA, Acting City Manager City of La Quinta, California Proclamation of Local Emergency — Hurricane Hilary Declared: August 20, 2023 Page 4 of 4 ATTEST: LAURIE McGINLEY, Deputy Cit Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California EXHIBIT A ta GEM of the DESERT — MEMORANDUM TO: Madam Mayor and Members of the City Council FROM: Jon McMillen, City Manager DATE: August 10, 2023 SUBJECT: Designation of Acting City Managers August 12-30, 2023 I will be out of the area and on vacation August 12-30, 2023. I will return to the office on Thursday, August 31, 2023. During my absence, I have designated City Clerk, Monika Radeva as Acting City Manager from August 12th thru August 20th. Monika's direct contact information is as follows: Cell: 760-567-6605 City: 760-777-7035 mradeva@laquintaca.gov From August 215t thru August 30th, I have designated Gil Villalpando, Director of Business and Housing, as Acting City Manager. Gil's direct contact information is as follows: Cell: 951-537-8671 City: 760-777-7094 gvillalpando@laquintaca.gov If you have any questions, please contact me. Thank you. cc: Executive Team Bill Ihrke