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HomeMy WebLinkAbout15-093 - Resolutions RESOLUTION NO. 15-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL DROUGHT EMERGENCY WHEREAS, California Government Code section 8630 empowers the City Council to proclaim the existence of a local drought emergency when the City of Rancho Cucamonga is threatened or likely to be threatened by the conditions of extreme peril to the safety of persons and property that are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this city; and WHEREAS, California Government Code section 8558(c) states that a "local emergency" means the duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the territorial limits of the city caused by the drought; and WHEREAS, pursuant to the City of Rancho Cucamonga Emergency Services Ordinance No. 104, the Director of Emergency Services has requested the City Council to proclaim the existence of a local emergency; and WHEREAS, on January 17, 2014, the Governor of the State of California proclaimed a state of emergency in the State of California due to current drought conditions in the state; and WHEREAS, on April 1, 2015, the Governor of the State of California issued Executive Order B-29-15 and directed expedited actions to reduce the harmful impacts from water shortages and other impacts of the drought, and WHEREAS, the Governor's proclamation called upon local water suppliers and municipalities to implement water shortage contingency plans immediately in order to avoid or forestall outright restrictions that could become necessary later in the drought season; and WHEREAS, the Cucamonga Valley Water District declared a Stage 6 severe water emergency in Resolution No. 2015-5-3 dated May 12, 2015 and, WHEREAS, as a customer of Cucamonga Valley Water District the City now must decrease its potable water use by 35% from its 2013 level in order to meet the adopted Stage 6 requirements; and WHEREAS, the City of Rancho Cucamonga will need to enact emergency measures through ordinance and other operational and administrative actions to support and meet the water reduction needs as part of the mandate for a total statewide reduction as outlined by the State Water Resources Board; and RESOLUTION NO. 15-093 - Page 1 of 4 WHEREAS, persistent drought conditions have negatively impacted and continue to threaten the city's economy; and WHEREAS, conditions of drought exacerbate already perilous fire conditions in the northern portions of the wild land urban interface of the City of Rancho Cucamonga and increase the risk of flash floods due to soil conditions; and WHEREAS, these conditions are likely to be beyond the services, equipment, personnel and fiscal resources of the City of Rancho Cucamonga. NOW, THEREFORE,BE IT RESOLVED AND PROCLAIMED by the City Council of the City of Rancho Cucamonga that for reasons set forth herein, a local drought emergency now exists; and BE IT FURTHER RESOLVED, PROCLAIMED AND ORDERED that during the existence of this local drought emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions existing and passed in conjunction with this emergency, and that this emergency shall be deemed to continue to exist until the City Council of the City of Rancho Cucamonga, proclaims its termination. Further, it is directed that this emergency proclamation be forwarded to the San Bernardino County Fire Department, Office of Emergency Services, the Director of the Governor's Office of Emergency Services and the Governor of the State of California. BE IT FURTHER RESOLVED, PROCLAIMED AND ORDERED that the City Council of the City of Rancho Cucamonga hereby authorizes the undertaking of all extraordinary police and planning powers in response to this local drought emergency including but not limited to the ability to modify, amend, or issue planning codes, building or safety codes, environmental health codes, and such other codes, orders, and regulations as determined necessary for the duration of the emergency. BE IT FURTHER RESOLVED, PROCLAIMED AND ORDERED that public employees, officers, and governing bodies within the City are hereby granted full immunity to the extent allowed by law for actions undertaken in compliance with this proclamation. BE IT FURTHER RESOLVED, PROCLAIMED AND ORDERED that during the existence of this local drought emergency, the Director of Emergency Services may request the City Council of the City of Rancho Cucamonga to amend this proclamation of a local drought emergency and, if this Council is not in session to amend this proclamation as necessary and, if this proclamation is amended by the Director of Emergency Services the Board shall take action to ratify the amendment within seven calendar (7) days thereafter or the amendment shall have no further force or effect. RESOLUTION NO. 15-093 - Page 2 of 4 BE IT FURTHER RESOLVED, PROCLAIMED AND ORDERED that the City Council of the City of Rancho Cucamonga will review the need for continuing the local drought emergency at least once every thirty (30) days until the City Council terminates the local drought emergency. RESOLUTION NO. 15-093 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 17" day of June 2015. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Dennis Michael, yor ATTEST: Qa4tj�-� el , 40it4o Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Special Meeting of said City Council held on the 171h day of June 2015. Executed this 18'h day of June 2015, at Rancho Cucamonga, California. Jy1ce C. Reynolds, Ci Clerk RESOLUTION NO. 15-093 - Page 4 of 4