HomeMy WebLinkAboutSupplemental Agenda Packet 2023-08-24WHEREAS, Diane Vines came to the Coachella Valley with vast experience in
nursing, nursing administration, education and mental health, including teaching
appointments at prestigious universities, service as a community psychiatric nurse and
leadership of the street medicine program at the University of Portland; and
WHEREAS, for the past four years, Dr. Vines has put all this experience to work
as the Director and Principal Investigator for the CSUSB Nursing Street Medicine
Program in the Coachella Valley and San Bernadino; and
WHEREAS, the unique program infuses nurse trainees with deep appreciation for
the needs of unhoused persons and the sensitivity to address those needs; and
WHEREAS, Dr. Vines’ leadership will have positive ripples of influence in the
delivery of medical services and caregiving offered by her students for years to come;
NOW, THEREFORE, I, Kathleen Kelly, Mayor of the
City of Palm Desert, and the entire City Council, do hereby recognize August 24, 2023,
as
Dr. Diane Vines Day
and urge all citizens to join me in extending our congratulations and appreciation for her dedicated
service to our community.
In Witness Whereof, I have hereunto set my hand and
have caused the Official Seal of the City of Palm Desert,
California, to be affixed this 24th day of August 2023.
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CITY OF PALM DESERT
CITY CLERK’S OFFICE
MEMORANDUM
To: Honorable Mayor and City Council
From: Anthony J. Mejia, City Clerk
Date: August 23, 2023
Subject: Palm Desert Redistricting 2023: Public Education and Outreach Plan – Revised Draft
As noted in the staff report, Assembly Bill 764 (Bryan): Local Redistricting is circulating through the
legislature and appears to be moving forward to adoption. After the posting of the agenda, City staff
became aware that the legislature amended AB 764 to require local jurisdictions to conduct two
pre-map and three post-map public hearings. City staff has updated the draft Public Education and
Outreach Plan to comply with these new requirements.
The revised draft Plan is enclosed with this memo in redline format and the PowerPoint presentation
also highlights the proposed changes.
Enclosure:
• Public Education and Outreach Plan – Revised Draft
• PowerPoint Presentation
Supplemental - Page 39
Public Education & Outreach Plan
PALM DESERT
REDISTRICTING 2023
REVISED DRAFT
Supplemental - Page 40
Palm Desert Redistricting 2023 Public Education and Outreach Plan
City of Palm Desert Page 1
PUBLIC EDUCATION AND OUTREACH PLAN
In accordance with Assembly Bill 764, this Public Education and Outreach Plan is organized to address the provisions
of Election Code 21160:
Financial Resources
The City has executed agreements with: 1) National Demographic Corporation to serve as the City’s demographer in
an amount not to exceed $60,000, 2) Tripepi Smith to provide outreach and engagement services in an amount not
to exceed $60,000, of which $40,000 is budgeted for direct services and $2 0,000 for advertising, 3) Professional
Interpreting to provide on-call Spanish-language document translation and interpreter services in an amount not to
exceed $5,000; and 4) CASL Interpreting for on -call American Sign Language interpreter services in an amount not
to exceed $5,000. In addition, the City has allocated $25,000 (estimate) for a Citywide English/Spanish mailer to
inform residents about the redistricting process. Total financial resources allocated: $155,000.
Key Personnel
The City Clerk has been designated to serve as the primary staff resource and key contact for resident inquires related
to redistricting. Other key personnel include William Priest, of Best , Best & Krieger, serving as legal counsel for
redistricting/election-related matters; Doug Johnson and Shalice Tilton, of National Demographic Corporation,
serving as the City’s demographer; and Jennifer Nentwig and Melanie Moore, of Tripepi Smith, serving as consultants
for public education and engagement efforts.
Local Media
The City will issue at least two (2) press releases to each of the identified media organizations below to ensure local
media aids our efforts to reach residents. The City will identify media, including those that serve language minority
communities, to ensure that we reach diverse media. It is anticipated the first press release will announce the
redistricting kickoff and schedule and the second press release will announce the adoption of final map.
• Known Local Media:
o English: The Desert Sun, KESQ, NBC Palm Springs, K-NEWS/Alpha Media, iHub Radio, Desert
Entertainer, Palm Springs Life, CV News Desk, and Coachella Valley Independent
o Spanish: La Prensa Hispana, El Informador del Valle, Televisa Univision, and Telemundo Palm Springs
• Good faith efforts will be made to identify additional local media organizations, including those that serve
language minority communities.
Social Media
The City will utilize both social media and paid boosted advertising on social media platforms on a regular basis to
reach residents including Facebook, Twitter, Instagram, Google Display Ads, and YouTube Ads.
Legal Notices
The City will post or publish public hearing notices on the project website, at locations where the City Council agenda
is posted, and in the Desert Sun and La Prensa Hispana.
Radio Advertising
The City will utilize paid radio advertising on top-performing English and Spanish radio stations which serve the
greater Palm Desert area:
• English – Alpha Media (Mix 100.5, K-NEWS 104.7)
• Spanish – La Ponderosa 96.7, La Suavecita 94.7
• Bilingual – Spotify & Pandora (geo-targeted placements)
Supplemental - Page 41
Palm Desert Redistricting 2023 Public Education and Outreach Plan
City of Palm Desert Page 2
Citywide Mailer
The City will issue a standalone, bilingual (English/Spanish) Citywide mailer informing residents that the City is
redistricting to establish five (5) single-member districts, including hearing dates, information on how to participate,
and to learn more by accessing the redistricting website. In addition, the City will feature articles in its digital and
hardcopy newsletter, the Brightside.
Good Government, Civil Rights, Civic Engagement, and Community Groups
On August 8, 2023, the City shared this draft Public Education and Engagement Plan with the American Civil Liberties
Union (ACLU) of Southern California for their consideration and feedback. On August 9, 2023, the City posted this
draft plan on its website for a 14-day public review and comment period.
In the coming weeks, the City, utilizing the services of Tripepi Smith, will make a diligent effort to identify any
additional Good Government, Civil Rights, and other such groups active in Palm Desert. Once known, the City will
conduct stakeholder emails/calls – announcing the launch of the process and the schedule of meetings, and another
round promoting public feedback prior to the selection of a final map.
In addition, the City will reach out to known civic/community groups such as Palm Desert Rotary, Soroptimist Palm
Desert, Palm Desert Chamber of Commerce, and Neighbors Together, to offer presentations to their members
regarding the redistricting process and how to participate.
Dedicated Standalone Website
The City will establish a dedicated, bilingual (English/Spanish) standalone websit e for this redistricting effort and
shall maintain the website for a period of 10 years. The City’s main website homepage shall include a prominent link
to the redistricting website.
The website will include the following:
• A general explanation of the redistricting process.
• An explanation of the procedures for a member of the public to provide in -person or remote public
comment during a public hearing or to submit written public comment or a draft map to the City, either in
a paper or electronic format, for consideration at a future public hearing.
• A schedule of all workshop and public hearing dates.
• A notice of the applicable languages in which the local jurisdiction will provide live translation of a workshop
or public hearing upon request and instructions for making such a request.
• Instructions and a method for a person to sign up to receive regular notices regarding redistricting, including
notices of upcoming workshops or public hearings.
• The notice and agenda for each workshop and public hearing.
• The recording or written summary of each workshop and public hearing.
• Each draft map considered by the City Council at a public hearing.
• Each written public comment submitted to the local jurisdiction.
• The existing map of election district boundaries prior to redistricting.
• The adopted final map of election district boundaries after redistricting.
Interested Parties List
The City will maintain a list of residents and organizations who request to receive notification regarding notices of
all future project hearings or meetings and other project-related messaging that is sent by the City.
Coordination With Other Jurisdictions
The City is not aware of any overlapping or nearby jurisdictions currently redistricting.
Supplemental - Page 42
Palm Desert Redistricting 2023 Public Education and Outreach Plan
City of Palm Desert Page 3
SCHEDULE OF PUBLIC HEARINGS, COMMUNITY WORKSHOPS, AND MAP-DRAWING WORKSHOPS
Wed., Sept. 6, 2023, at 6:00 pm Community Workshop #1 Civic Center/Zoom Hybrid
Pre-Map Workshop to share information on the redistricting process, how to provide public comment, and how
to submit a proposed map for consideration.
Spanish & ASL interpreters will be on-site. Spanish interpreter & captioning will be available via Zoom
Zoom: https://palmdesert.zoom.us/j/87472618314
Thurs., Sept. 14, 2023, at 4:30 pm Pre-Map Public Hearing #1 Council Chamber/Zoom Hybrid
Public Hearing to inform the City Council and public about the redistricting process, how to provide public
comment; how to submit a map for consideration; solicit public comment.
Spanish and ASL Interpreters available upon request. Captioning provided with online live stream.
Zoom: https://palmdesert.zoom.us/
Thurs., Sept. 28, 2023, at 4:30 pm Pre-Map Public Hearing #2 Council Chamber/Zoom Hybrid
Public Hearing to inform the City Council and public about the redistricting process, how to provide public
comment; how to submit a map for consideration; solicit public comment. Presentation of demographer’s and
early public submitted maps; how to provide public comment; how to submit a map for consideration; solici t
public comment.
Spanish and ASL Interpreters available upon request. Captioning provided with online live stream.
Zoom: https://palmdesert.zoom.us/
Friday, September 29, 2023 Community Map Drawing Opens
The demographer’s draft maps will be released for public review and comment. The demographer’s online and
paper map drawing tools will be available for the public to draft and submit their own maps for consideration
Wed., Oct. 4, 2023, at 5:00 pm Map Drawing Workshop #1 Zoom
The demographer will demonstrate how to use the online mapping tool and submit a map for consideration.
This session will be recorded and posted to the redistricting website.
Spanish interpreter & captioning will be available via Zoom
Zoom: https://palmdesert.zoom.us/j/83593059783
Mon., Oct. 16, 2023, at 5:00 pm Map Drawing Workshop #2 Zoom
The demographer will demonstrate how to use the online mapping tool and submit a map for consideration.
This session will be recorded and posted to the redistricting website.
Spanish interpreter & captioning will be available via Zoom
Zoom: https://palmdesert.zoom.us/j/86378653984
Wednesday, November 1, 2023 Community Map Drawing Closes
Deadline for the submission of community drawn maps for consideration.
Thurs., Nov. 16, 2023, at 4:30 pm Post-Maps Public Hearing #3 Council Chamber/Zoom Hybrid
All demographer and community-drawn maps will be presented for City Council consideration; solicit public
comment; City Council will be requested to narrow maps to three (3) to five (5) “focus maps.”
Spanish and ASL Interpreters available upon request. Captioning provided with online live stream.
Zoom: https://palmdesert.zoom.us/
Wed., Nov. 29, 2023, at 6:00 pm Community Workshop #2 Palm Desert iHub (in-person)
Presentation of focus maps; solicit public comment/feedback.
Spanish & ASL interpreters will be on-site.
Supplemental - Page 43
Palm Desert Redistricting 2023 Public Education and Outreach Plan
City of Palm Desert Page 4
Wed., Dec. 6, 2023, at 6:00 pm Community Workshop #3 Civic Center/Zoom Hybrid
Presentation of focus maps; solicit public comment/feedback.
Spanish & ASL interpreters will be on-site. Spanish interpreter & captioning will be available via Zoom
Zoom: https://palmdesert.zoom.us/j/84020763120
Thurs., Dec. 14, 2023, at 4:30 pm Post-Maps Public Hearing #4 Council Chamber/Zoom Hybrid
Provide City Council with community feedback gathered at workshops; solicit additional public comment;
request that the City Council further narrow down the number of mapsselect a final map and provide direction
on any final adjustments.
Spanish and ASL Interpreters available upon request. Captioning provided with online live stream.
Zoom: https://palmdesert.zoom.us/
Thurs., Jan. 11, 2024, at 4:30 pm Post-Map Public Hearing #5 Council Chamber/Zoom Hybrid
Solicit public comment; adopt a final map and introduce an ordinance enacting five (5) single member
districts.select a final map and provide direction on any final adjustments.
Spanish and ASL Interpreters available upon request. Captioning provided with online live stream.
Zoom: https://palmdesert.zoom.us/
Thurs., Jan. 25, 2024, at 4:30 pm Public Hearing #6 City Council
Meeting
Council Chamber/Zoom Hybrid
Solicit public comment; adoption of an ordinance enacting five (5) single -member districts; introduction of an
ordinance eliminating use of Ranked Choice Voting in future elections.Solicit public comment; adoption of a
final map and introduction of an ordinance enacting five (5) single-member districts.
Spanish and ASL Interpreters available upon request. Captioning provided with online live stream.
Zoom: https://palmdesert.zoom.us/
Thurs., Feb. 15, 2024, at 4:00 pm City Council Meeting Council Chamber/Zoom Hybrid
Solicit public comment; adoption of an ordinance enacting five (5) single -member districts; introduction of an
ordinance eliminating use of Ranked Choice Voting in future elections.
Spanish and ASL Interpreters available upon request. Captioning provided with online live stream.
Zoom: https://palmdesert.zoom.us/
LOCATIONS ADDRESS CONTACT INFORMATION
Civic Center
Administrative Services Building
73-510 Fred Waring Drive, Palm
Desert, CA 92260
Main: (760) 346-0611
Email: cityclerk@palmdesert.gov
Council Chamber 73-510 Fred Waring Drive,
Palm Desert, CA 92260
Main: (760) 346-0611
Email: cityclerk@palmdesert.gov
Palm Desert iHub 37023 Cook Street, Suite 102
Palm Desert, CA 92211
Main: (760) 346-0611
Email: cityclerk@palmdesert.gov
Supplemental - Page 44
Public Education and
Outreach Plan
Palm Desert Redistricting 2023
August 24, 2023
Supplemental - Page 45
Optional Processes for Establishing Districts
Used in the 2018 districting & 2021 redistricting processes
Council-Driven Process:
May perform community outreach/workshops and provide
recommendations
Advisory Redistricting Commission (Council appointed):
Full and final authority to adopt maps
Conducts workshops/public hearing
Independent Redistricting Commission (Independently selected):
Conducts workshops/public hearings
Submits two or more final maps for City Council adoption,
without changes.
Hybrid Redistricting Commission (Independently selected):
This outreach plan & schedule is based on
a Council-driven process.
If the City Council pursues Options 2-4,
please note that a recruitment and
selection process may delay the schedule
by up to two months.
City staff recommends a Council-driven
process, given that the demographers are
political neutral technicians and District 1
will largely stay intact as previously
indicated. This exercise is mainly to
determine how District 2 will be divide
amongst north and south PD.
Supplemental - Page 46
Assembly Bill 764
Two Pre-Map Public Hearings: The purpose of these hearings are
typically to inform the public how to participate and gather input on
"communities of interest."
Three Post-Map Public Hearings: The purpose is to gather public input
regarding the draft maps and to allow the City Council to narrow the
number of maps until a final map is adopted.
AB 764 is currently circulating in the
legislature and appears to be headed
towards approval.
AB 764 was recently amended and now
proposes to require:
Supplemental - Page 47
REVISED - Schedule of Workshops & Public Hearings
Sept. 6: Community Workshop #1 (Pre-Map)
Sept. 14: Public Hearing #1 (Pre-Map)
Sept. 28: Public Hearing #2 (Pre-Map Post Map - Demographer's maps)
Sept. 29: Demographer's Maps released & Community Mapping System Opens
Oct. 4 & 16: Map Drawing Workshops
Nov. 1: Community Mapping System Closes
Nov. 16: Public Hearing #3 (Post Map - All maps presented; Select 3-5 Focus Maps)
Nov. 29: Community Workshop #2 (Public input on focus maps)
Dec. 6: Community Workshop #3 (Public input on focus maps)
Dec. 14: Public Hearing #4 (Post Map - Select final map; direct any adjustments Further reduce # of Focus Maps)
Jan. 11, 2024: Public Hearing #5 (Post Map - Adopt final map Select final map; direct any adjustments)
Jan. 25, 2024: Public Hearing #6 (Adopt Final Map)
Supplemental - Page 48
Elements of the Public Education & Outreach Plan
Citywide Mailer: To be mailed as soon as practicable after adoption of the
outreach plan
Press Releases: At least two press releases to English and Spanish local media
organizations
Social Media: Utilizing both social media and paid boosted advertising on a
regular basis on Facebook, Twitter, Instragram, Google Ads, & YouTube Ads.
Radio Advertising: English & Spanish
Legal Notices: Desert Sun & La Prensa
Community Groups: Sept. through Nov., presentations on how to participate
and submit maps.
Dedicated Website
Supplemental - Page 49
Select a council-driven process, provide feedback on the outreach plan and
schedule of public hearings/workshops, and adopt the plan.
Recommendation
For questions or to schedule a presentation for your community group, please contact:
Anthony Mejia, City Clerk
cityclerk@palmdesert.gov
(760) 346-0611
Supplemental - Page 50
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 24, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RESOLUTION TO RATIFY THE PROCLAMATION OF A LOCAL
EMERGENCY DUE TO HURRICANE HILARY
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY DUE
TO HURRICANE HILARY ISSUED BY THE MAYOR AND CITY MANAGER ACTING AS THE
EMERGENCY CORPS COMMANDER ON AUGUST 20, 2023.”
BACKGROUND/ANALYSIS:
On August 19, 2023, Governor Newsom proclaimed a state of emergency to support Hurricane
Hilary response and recovery efforts (Attachment 1). In accordance with Palm Desert Municipal
Code (PDMC) Chapter 2.48, a Proclamation of Local Emergency was issued by the Mayor and
subsequently re-signed by the City Manager acting as the Emergency Corps Commander
(Attachment 2). Pursuant to PDMC Section 2.48.090(B), the City Council must ratify the
proclamation within seven days thereafter or the proclamation will have no further force or effect.
City staff continues to survey the damage and to take the necessary actions to recover, therefore
it would be prudent for the City Council to ratify the proclamation of local emergency.
FINANCIAL IMPACT:
Staff will return to the City Council at a future meeting to provide a detailed report on the
expenses incurred as a result of Hurricane Hilary.
REVIEWED BY:
City Clerk: Anthony J. Mejia
City Attorney: Isra Shah
Finance Director: Veronica Chavez
City Manager: Todd Hileman
Supplemental - Page 51
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS on August 18, 2023, Hurricane Hilary began bringing heavy rain,
flooding, lightning, and gusty winds to Southern California, necessitating the
prepositioning 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 Tropical Storm Warning
on August 18, 2023, for portions of the Southern California coast, which are
forecast to experience increased swells and life-threatening surf and rip current
conditions; and
WHEREAS the National Weather Service issued a series of Flood Watches
on August 18, 2023, warning of potential significant flooding between August 19,
2023, and August 22, 2023, in Alpine, Fresno, Imperial, Inyo, Kern, Los Angeles,
Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa
Barbara, Tulare, and Ventura Counties; and
WHEREAS the National Weather Service issued a series of Flash Flood
Warnings on August 18, 2023, for San Bernardino County, and on August 19,
2023, for Kern County; and
WHEREAS threats of lightning and significant wind impacts with gusts up to
or exceeding 70 miles per hour are anticipated in mountainous areas
throughout Southern California and are likely to exacerbate fire conditions; 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 Los Angeles County Emergency Management Department
advised residents and visitors evacuate Catalina Island as of 12:00 a.m. on
August 19, 2023; and
WHEREAS numerous wildfires over the last several years have caused
massive burn scars, exacerbating the potential for precipitation to cause
dangerous and potentially catastrophic flooding and debris flows, and
Hurricane Hilary is forecast to bring 3 to 6 inches of rain within a short period of
time in Southern California, including over the Apple and El Dorado burn scars in
Riverside and San Bernardino Counties, the Fairview and Bonny burn scars in
Riverside County, and the Bobcat, Bond, Lake, and Fish burn scars in Los Angeles
County; and
WHEREAS Hurricane Hilary is expected to prompt widespread
evacuations and shelter-in-place orders; to threaten, damage, or destroy
homes and critical infrastructure, including power and water lines, businesses,
and roads; and to necessitate the deployment of search and rescue teams in
areas impacted by significant debris flow; and
Supplemental - Page 52
WHEREAS Hurricane Hilary, including associated debris flows, is expected
to damage or destroy roads in Southern California; and
WHEREAS under the provisions of Government Code section 8558(b), I
find that conditions of extreme peril to the safety of persons and property exist
due to Hurricane Hilary in Fresno, Imperial, Inyo, Kern, Los Angeles, Orange,
Riverside, San Bernardino, San Diego, Tulare, and Ventura Counties; and
WHEREAS under the provisions of Government Code section 8558(b), I
find that the conditions caused by Hurricane Hilary, by reason of their
magnitude, are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of any single local government and
require the combined forces of a mutual aid region or regions to appropriately
respond; and
WHEREAS under the provisions of Government Code section 8625(c), I
find that local authority is inadequate to cope with the magnitude of the
extreme peril posed by Hurricane Hilary; and
WHEREAS under the provisions of Government Code section 8571 , I find
that strict compliance with various statutes and regulations specified in this
Proclamation would prevent, hinder, or delay the mitigation of the effects of
Hurricane Hilary.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes, including the California Emergency Services Act, and in particular,
Government Code section 8625, HEREBY PROCLAIM A STATE Of EMERGENCY to
exist in Fresno, Imperial, Inyo, Kern, Los Angeles, Orange, Riverside, San
Bernardino, San Diego, Tulare, and Ventura Counties.
IT IS HEREBY ORDERED THAT:
1. All agencies of the state government shall utilize and employ state
personnel, equipment, and facilities for the performance of any and
all activities consistent with the direction of the Office of Emergency
Services and the State Emergency Plan. Also, all individuals are to
obey the direction of emergency officials with regard to this
emergency in order to protect their safety.
2. The Office of Emergency Services shall provide assistance to local
governments, if appropriate, under the authority of the California
Disaster Assistance Act, Government Code section 8680 et seq.,
and California Code of Regulations, Title 19, section 2900 et seq.
3. As necessary to assist local governments and for the protection of
public health and the environment, state agencies shall enter into
contracts to arrange for the procurement of materials, goods,
and services necessary to quickly assist with the response to and
recovery from the impacts of Hurricane Hilary. Applicable
provisions of the Government Code and the Public Contract
Code, including but not limited to travel, advertising, and
competitive bidding requirements, are suspended to the extent
necessary to address the effects of Hurricane Hilary.
Supplemental - Page 53
4. Any fairgrounds the Office of Emergency Services determines
suitable to assist individuals impacted by Hurricane Hilary shall be
made available to the Office of Emergency Services pursuant to
the Emergency Services Act, Government Code section 8589. The
Office of Emergency Services shall notify the fairgrounds of the
intended use and may immediately utilize the fairgrounds without
the fairground board of directors' approval.
5. The California National Guard may be mobilized under Military
and Veterans Code section 146 to support disaster response and
relief efforts, as directed by the Office of Emergency Services,
and to coordinate with all relevant state agencies and state and
local emergency responders and law enforcement within the
impacted areas. Sections 147 and 188 of the Military and
Veterans Code are applicable during the period of participation
in this mission, exempting the California Military Department from
applicable procurement rules for specified emergency
purchases, and those rules are hereby suspended.
6. Any state-owned properties the Office of Emergency Services
determines are suitable to address the impacts of Hurricane Hilary
shall be made available to the Office of Emergency Services for
this purpose in accordance with Government Code section 8570.
7. The provisions of Unemployment Insurance Code section 1253
imposing a one-week waiting period for unemployment insurance
applicants are suspended as to all applicants who are
unemployed as a direct result of Hurricane Hilary and apply for
unemployment insurance benefits during the time period
beginning August 19, 2023, and ending on the close of business
on February 20, 2024, in Fresno, Imperial, Inyo, Kern, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, Tulare, and
Ventura Counties, and who are otherwise eligible for
unemployment insurance benefits.
8. Vehicle Code sections 9265(a), 9867, 14901, 14902, and 15255.2,
requiring the imposition of fees, are suspended with regard to any
request for replacement of an identification card, driver's license
card, vehicle registration certificate, certificate of title, or
registration stickers, by any individual who loses such records as a
result of Hurricane Hilary in Fresno, Imperial, Inyo, Kern, Los
Angeles, Orange, Riverside, San Bernardino, San Diego, Tulare,
and Ventura Counties. Such records shall be replaced without
charge.
Supplemental - Page 54
9. The provisions of Vehicle Code sections 4602 and 5902, requiring
the timely registration or transfer of title, are suspended with
regard to any registration or transfer of title by any individual who
is unable to comply with those requirements as a result of
Hurricane Hilary in Fresno, Imperial, Inyo, Kern, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, Tulare, and
Ventura Counties. The time covered by this suspension shall not
be included in calculating any late penalty pursuant to Vehicle
Code section 9554.
l 0. Health and Safety Code sections l 03525.5 and l 03625, and Penal
Code section 14251 , requiring the imposition of fees, are
suspended with regard to any request for copies of certificates of
birth, death, marriage, and dissolution of marriage records, by any
individual who loses such records as a result of Hurricane Hilary in
Fresno, Imperial, Inyo, Kern, Los Angeles, Orange, Riverside, San
Bernardino, San Diego, Tulare, and Ventura Counties. Such copies
shall be provided without charge.
11.The California Department of Transportation shall formally request
immediate assistance through the Federal Highway
Administration's Emergency Relief Program, United States Code,
Title 23, section 125, in order to obtain federal assistance for any
local road and highway repairs or reconstruction that are needed
due to Hurricane Hilary.
12. Drivers may exceed the hours-of-service limits specified in
California Vehicle Code section 34501.2 and California Code of
Regulations, Title 13, section 1212.5 while operating a vehicle
engaged in fuel transportation in support of Hurricane Hilary
emergency relief efforts, subject to the following conditions:
a. Motor carriers or drivers currently subject to an out-of-service
order are eligible for the exemption once the out-of-service
order expires or when they have met the conditions for its
rescission.
b. In accordance with Section 1214, Title 13, California Code of
Regulations, no motor carrier operating under the terms of
this Proclamation will require or allow an ill or fatigued driver
to operate a motor vehicle. A driver who notifies a motor
vehicle carrier that they need immediate rest shall be given
at least ten consecutive hours off-duty before being required
to return to service.
c. Drivers shall maintain a driver's record of duty status,
regardless of number of hours worked each day. These
records shall be prepared, submitted, and maintained as
required by Section 1213, Title 13, California Code of
Regulations.
Supplemental - Page 55
13.Consistent with Parts 390 and 395, Title 49, Code of Federal
Regulations, drivers may exceed the hours-of-service limits
specified while operating a vehicle engaged in fuel
transportation in support of Hurricane Hilary emergency relief
efforts. These waivers shall be in effect for the duration of the
driver's direct assistance in providing emergency relief, or thirty
(30) days from the date of this Proclamation, whichever is less.
14. In order to allow out-of-state contractors and other utilities driving
their own vehicles to provide mutual aid assistance for the
restoration of electrical power within the counties impacted by
Hurricane Hilary, applicable provisions of the Vehicle Code
including, but not limited to, Vehicle Code section 34620 requiring
a motor carrier permit [licensing] and imposition of certain fees,
are suspended for motor carriers providing such assistance. Also,
the requirements for motor carriers and drivers in Vehicle Code
sections 1808.l [pull-notice program that checks for driver's
license violations], 27900 [display name on vehicle], 27901 [size
and color of display name on vehicle), 34505.5 [requirement to
have been inspected within 90 days], and 34501.12 [requirement
to set up home base in California) are suspended while providing
mutual aid assistance for the emergency restoration of services.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Proclamation.
This Proclamation is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity, against the
State of California, its agencies, departments, entities, officers, employees, or
any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
Californi to be affixe this 19th day
of Augu 2023.
ATIEST:
SHIRLEY N. WEBER, Ph.D.
Secretary of State
Supplemental - Page 56
CITY OF PALM DESERT
PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, Chapter 2 of the Palm Desert Municipal Code empowers the Director of
Emergency Services to proclaim the existence or threatened existence of a local
emergency when said City is affected or likely to be affected by a public calamity and the
City Council is not in session, and;
WHEREAS, the Director of Emergency Services of the City of Palm Desert does hereby
find; that conditions of extreme peril to the safety of persons and property have arisen
within said city, caused by Hurricane Hilary (fire, flood, storm, mudslides, torrential rain,
wind, earthquake, drought, or other causes); which began on the 20th day of August 2023,
and;
That these conditions are or are likely to be beyond the control of the services, personnel,
equipment, and facilities of said City, and;
That the City Council of the City of Palm Desert is not in session and cannot immediately
be called into session;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists
throughout said City, and;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local
emergency the powers, functions, and duties of the emergency organization of this City
shall be those prescribed by state law, by ordinances, and resolutions of this City; and
that this emergency proclamation shall expire 7 days after issuance unless confirmed and
ratified by the governing body of the City of Palm Desert.
Dated: August 21, 2023
Director of Emergency Services
City of Palm Desert
Note: To ensure adherence to PDMC 2.28.090, this Proclamation of Local Emergency is
re-signed by the City Manager acting as the Director of Emergency Services/Emergency
Corps Commander.
DocuSign Envelope ID: 9245C824-5A9F-44A0-8676-9E1D98509AC5
Supplemental - Page 57
Supplemental - Page 58
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, RATIFYING THE PROCLAMATION OF A LOCAL
EMERGENCY DUE TO HURRICANE HILARY ISSUED BY THE MAYOR
AND CITY MANAGER ACTING AS THE EMERGENCY CORPS
COMMANDER
WHEREAS, on August 19, 2023, Governor Newsom proclaimed a state of
emergency to support Hurricane Hilary response and recovery efforts; and
WHEREAS, Section 2.48.110 of the Palm Desert Municipal Code (PDMC), the City
Manager shall be the Emergency Corps Commander; and
WHEREAS, PDMC 2.48.090 empowers the City Manager to proclaim a local
emergency for good and sufficient reason, if the City Council is not in session; and
WHEREAS, on August 20, 2023, the Mayor proclaimed the existence of a local
emergency due to Hurricane Hilary and on August 21, 2023, the City Manager acting as
the Emergency Corps Commander re-signed the proclamation; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. A Local Emergency exists throughout the City of Palm Desert.
SECTION 2. The City Council hereby ratifies the Proclamation of Local
Emergency due to Hurricane Hilary, issued by the Mayor and subsequently re-signed by
the City Manager acting as the Emergency Corps Commander for the City of Palm Desert.
SECTION 3. Per PDMC Section 2.48.090 and 2.48.140, the City Council finds that
an emergency exists and that the City Council shall be considered in continuous session
during the existence of a declared emergency affecting the City.
SECTION 4. During the length of this declared local emergency, the City Manager
shall be the Emergency Corps Commander. In the absence or inability of the City
Manager to act, he shall automatically be succeeded as Emergency Corps Commander
by any of the following officials in the order named:
1. Assistant City Manager
2. Director of Public Works
3. Director of Finance
4. Director of Development Services
5. Director of Economic Development
6. City Clerk
Supplemental - Page 59
Resolution No. 2023-____ Page 2
SECTION 5. The provisions of this Resolution shall become effective upon
adoption and that the Local Emergency shall be deemed to exist until its termination is
proclaimed by the City Manager, acting as the Emergency Corps Commander, or the City
Council of the City of Palm Desert.
SECTION 6. That a copy of this Resolution shall be forwarded to the Riverside
County Operational Area.
ADOPTED ON ________________, 20__.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Desert on _______________________,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ______________, 20__.
ANTHONY J. MEJIA
CITY CLERK
Supplemental - Page 60