City Council Emergency Meeting

City of Desert Hot Springs AGENDA EMERGENCY MEETING OF THE CITY COUNCIL Tuesday, August 22, 2023 4:00 PM - Regular Session Watch the Meeting Live: Council Chambers/City Hall  YouTube 11-999 Palm Drive  City Website Desert Hot Springs, California, 92240 Page REGULAR SESSION - 4:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS At Emergency Meetings, public comments are considered under the agenda item. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments. ADMINISTRATIVE CALENDAR: 1. Resolution Ratifying Proclamation of Local Emergency Due to 3 - 12 Hurricane Hilary Doria Wilms, Interim City Manager Recommendation: Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, ratifying the Proclamation of Local Emergency by the City Manager; declaring a local emergency, and promulgating orders and regulations necessary for the protection of life and property due to Hurricane Hilary. Staff Report - SR-23-191 - Pdf ADJOURN Page 1 of 12 ________________________________________________________________________________________ NOTICES In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240. Americans with Disabilities Act In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements. Page 2 of 12 City of Desert Hot Springs City Council AGENDA ITEM REPORT To: City Council Date: August 22, 2023 Department: City Manager Prepared by: Doria Wilms, Interim City Manager Subject: Resolution Ratifying Proclamation of Local Emergency Due to Hurricane Hilary RECOMMENDATION: Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, ratifying the Proclamation of Local Emergency by the City Manager; declaring a local emergency, and promulgating orders and regulations necessary for the protection of life and property due to Hurricane Hilary. ATTACHMENTS: 1) Resolution Declaring Local Emergency 2) Proclamation of Local Emergency SR-23-191 Item Number: 1. Page 3 of 12  RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA RATIFYING THE PROCLAMATION OF LOCAL EMERGENCY BY THE CITY MANAGER; DECLARING A LOCAL EMERGENCY, AND PROMULGATING ORDERS AND REGULATIONS NECESSARY FOR THE PROTECTION OF LIFE AND PROPERTY DUE TO HURRICANE HILARY WHEREAS, the City of Desert Hot Springs (“City”) is a charter city in the State of California; and WHEREAS, the California Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630 such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and WHEREAS, the State of California has been pummeled by heavy rains and winds from Hurricane Hilary (“Hurricane”); and WHEREAS, on August 19, 2023, Governor Gavin Newsom declared a state of emergency in the State of California due to the Hurricane, specifically with concern to Southern California; and WHEREAS, in addition to applicable State law, Chapter 2.48 “Civil Emergencies” of the Desert Hot Springs Municipal Code (“DHSCM”), provides the rules and regulations for declaring and implementing civil emergencies; and WHEREAS, pursuant to Chapter 2.48, the City hereby avails itself of any and all rights and remedies included therein; and WHEREAS, pursuant to DHSMC Section 2.24.020, the Hurricane is a natural disaster, which has caused extreme flooding and constitutes an emergency threatening the City, its residents and its visitors; and WHEREAS, pursuant to Section 2.48.090(a)(1) of the DHSMC, the City Manager has the power to declare this local emergency, because the City Council is not in session and cannot be immediately called into session; and WHEREAS, the City Manager proclaimed the existence of a local emergency within the City on August 21, 2023; and WHEREAS, the City Council does find that the aforesaid conditions were of extreme peril and the City Council could not be convened at that time, and that these conditions did warrant and necessitate the proclamation of a local emergency; and 1 Item Number: 1. Page 4 of 12  WHEREAS, in light of the City Manager’s proclamation, Government Code section 53021 provides that notwithstanding budget limitations and restrictions imposed by law, except limitations imposed by the Constitution, all services performed or expenditures in response to a local emergency as defined by Government Code section 8558(c) are payable from any funds of the public agency rendering the services or making the expenditure upon the adoption of a resolution by the governing body of that agency determining that the services were performed or the expenditures were made in connection with such an emergency and designating the fund or funds from which the obligation is to be paid; and WHEREAS, in view of the City, certain remedial actions requiring additional services and expenditures must be taken forthwith in response to the extreme peril posed by the Hurricane notwithstanding budget limitations, subject to all restrictions imposed by the Constitution; and WHEREAS, California Government Code Section 8585.5 provides: “The office shall establish by rule and regulation various classes of disaster service workers and the scope of the duties of each class. The office shall also adopt rules and regulations prescribing the manner in which disaster service workers of each class are to be registered. All of the rules and regulations shall be designed to facilitate the payment of workers’ compensation.” WHEREAS, the California Emergency Council has adopted rules and regulations establishing classes of disaster service workers, the scope of duties of each class, and the manner of registration of such volunteer disaster service workers; and WHEREAS, California Government Code Section 8612 provides: “Any disaster council that both agrees to follow the rules and regulations established by the Office of Emergency Services pursuant to Section 8585.5 and substantially complies with those rules and regulations shall be certified by the office. Upon that certification, and not before, the disaster council becomes an accredited disaster council.” WHEREAS, the City may hereafter register volunteer disaster service workers; and, WHEREAS, if the City registers the use of volunteer disaster service workers, the City desires to become an “accredited disaster council” organization in order that injured disaster service workers registered with it may benefit by the provisions of Chapter 10 of Division 4 of Part 1 of the California Labor Code; and 2 Item Number: 1. Page 5 of 12  WHEREAS, pursuant to Government Code sections 8610 and 8634, and DHSMC section 2.48.040, the City Council may promulgate rules and regulations on matters reasonably related to the protection of life and property as affected by extreme peril, including imposing curfews within designated boundaries. WHEREAS, the City Council hereby delegates to the City Manager the authority to promulgate rules and regulations to the protection of life and property as affected by extreme peril, including imposing curfews within designated boundaries. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES RESOLVE, AS FOLLOWS: Section 1. Recitals. That the recitals set forth above are true and correct and are incorporated herein by this reference. Section 2. Ratification of Local Emergency. 1. The Proclamation of Local Emergency, as issued by the City Manager on August 21, 2023, and attached as Exhibit A to this Resolution, is hereby ratified and confirmed. 2. The City Council has reviewed the need for continuing the proclamation of local emergency and finds based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to the Hurricane. 3. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Desert Hot Springs. 4. The City Manager is hereby directed to report to the City Council at least once every 60 days until termination is proclaimed by the City Council per Government Code 8630(c). Section 3. Workers’ Compensation. 1. The City Council of the City of Desert Hot Springs shall follow the rules and regulations established by the California Emergency Council pursuant to the provisions of California Government Code Section 8580 et seq. 2. The City Clerk is hereby instructed to send a certified copy of this Resolution to the California Emergency Council. Section 3. Expenditure of Funds. Based upon the City Council’s ratification of the City Manager’s Proclamation of Local Emergency, the City Manager is authorized to direct the expenditure of funds necessary to address the local emergency for the benefit of the residents of the City of 3 Item Number: 1. Page 6 of 12 Desert Hot Springs, notwithstanding budget limitations and restrictions imposed by law, except limitations imposed by the Constitution. Section 4. Delegation of Authority to the City Manager. The City Council delegates authority to the City Manager to promulgate and enforce orders and regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice. Section 5. Land Use Related Permits and Deadlines. All provisions of laws, ordinances, regulations, resolutions, rules, and statutes, including, but not limited to, provisions contained in the California Permit Streamlining Act, the California Environmental Quality Act, the California Subdivision Map Act, City Subdivision Regulations, and City Zoning Regulations, establishing review deadlines and authorizing automatic approvals, are suspended for the duration of the existing emergency. Any and all deadlines for such projects subject to these laws are hereby extended during the time of emergency. Section 6. Incorporation of County of Riverside Emergency Acts and Declarations The City hereby incorporates by this reference any and all applicable County of Riverside Emergency acts and declarations related to the Hurricane, if any, which are not in contradiction to this Resolution. Section 7. Severability. That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect. Section 8. Repeal of Conflicting Provisions. That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed. Section 9. Effective Date. That this Resolution shall take effect immediately. 4 Item Number: 1. Page 7 of 12  Section 10. Certification. That the City Clerk shall certify to the passage of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED THIS 22nd day of August, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF DESERT HOT SPRINGS ____________________________ Scott Matas, Mayor ATTEST: _____________________________ Jerryl Soriano, City Clerk APPROVED AS TO FORM: _____________________________ Jennifer Mizrahi, City Attorney 5 Item Number: 1. Page 8 of 12  EXHIBIT A PROCLAMATION OF CITY MANAGER 6 Item Number: 1. Page 9 of 12 Item Number: 1. Page 10 of 12 Jerryl Soriano (Aug 21, 2023 10:33 PDT) Jennifer Mizrahi (Aug 21, 2023 10:27 PDT) Item Number: 1. Page 11 of 12 Emergency Declaration_08-21-23 Final Audit Report 2023-08-21 Created: 2023-08-21 By: City Clerk (cityclerk@cityofdhs.org) Status: Signed Transaction ID: CBJCHBCAABAArc3hY9CNI1gm89andmco4YGF8J-k0vAC "Emergency Declaration_08-21-23" History Document created by City Clerk (cityclerk@cityofdhs.org) 2023-08-21 - 5:25:40 PM GMT- IP address: 76.80.105.166 Document emailed to Jennifer Mizrahi (jennifer.mizrahi@streamkim.com) for signature 2023-08-21 - 5:26:50 PM GMT Email viewed by Jennifer Mizrahi (jennifer.mizrahi@streamkim.com) 2023-08-21 - 5:27:00 PM GMT- IP address: 54.173.95.221 Document e-signed by Jennifer Mizrahi (jennifer.mizrahi@streamkim.com) Signature Date: 2023-08-21 - 5:27:44 PM GMT - Time Source: server- IP address: 104.174.14.47 Document emailed to jsoriano@cityofdhs.org for signature 2023-08-21 - 5:27:45 PM GMT Email viewed by jsoriano@cityofdhs.org 2023-08-21 - 5:31:42 PM GMT- IP address: 66.74.73.237 Signer jsoriano@cityofdhs.org entered name at signing as Jerryl Soriano 2023-08-21 - 5:33:52 PM GMT- IP address: 66.74.73.237 Document e-signed by Jerryl Soriano (jsoriano@cityofdhs.org) Signature Date: 2023-08-21 - 5:33:54 PM GMT - Time Source: server- IP address: 66.74.73.237 Agreement completed. 2023-08-21 - 5:33:54 PM GMT Item Number: 1. 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