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HomeMy WebLinkAboutR 5321 RESOLUTION NO. 5321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TERMINATING THE LOCAL EMERGENCIES WITHIN THE CITY OF ARROYO GRANDE (MARCH 2023 AND STORM EVENTS THAT BEGAN DECEMBER 27, 2022) WHEREAS, on January 18, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed a local emergency within the City commencing on or about 8:00 am on January 4, 2023, due to the storm events that began on December 27, 2022; and WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 5259 at its regular meeting on January 24, 2023; and WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated; and WHEREAS, the City Council has adopted Resolutions declaring a continued local emergency related to the ongoing storm events regularly, consistent with the City's Municipal Code; and WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January 4, 2023, the Governor of the State of California issued a Proclamation of a State of Emergency ("Governor's Proclamation") related to severe winter storms and a series of atmospheric river systems that struck California, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 8, 2023, the President of the United States declared that an emergency exists in the State of California relating to severe winter storms, flooding, landslides, and mudslides, enabling public agencies in impacted counties that suffered damage or losses from the storms to apply for federal disaster assistance; and WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding; and RESOLUTION NO. 5321 PAGE 2 WHEREAS, on January 17, 2023, the Department of Homeland Security amended the major disaster declaration issued in January 14, 2023 related to the January 2023 storm events to add San Luis Obispo County as an affected county, enabling Arroyo Grande residents who had damage or losses from the storms to apply for Federal Emergency Management Agency (FEMA) disaster assistance; and WHEREAS, on March 11, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed a local emergency within the City commencing on or about March 9, 2023, in response to the latest series of atmospheric river systems and the damage to the City due to the storm events that began on December 27, 2022; and WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 5273 at its regular meeting on March 14, 2023; and WHEREAS, the City Manager's March 11, 2023 proclamation followed a County of San Luis Obispo issued Proclamation of Local Emergency on March 10, 2023 for the entire County due to severe storms; and WHEREAS, on March 10, 2023, President Biden approved a California Emergency Declaration beginning on March 9, 2023, ordering Federal assistance to supplement State, tribal and local response efforts; and WHEREAS, the atmospheric rivers caused significant flooding of City infrastructure and streets, as well as homes in Arroyo Grande; and WHEREAS, City staff have spent time and resources responding to the local emergency and the City has incurred costs associated with tree and debris removal, equipment rentals, damage repairs, and personnel overtime; and WHEREAS, some of the work associated with responding to the local emergency and the clean-up related to the aftermath of the storm has been completed, and the City continues to work with local, state and federal agencies to receive maximum reimbursements for response, mitigation and recovery costs; and WHEREAS, on July 18, 2023, the County of San Luis Obispo terminated their local emergency declaration; and WHEREAS, the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by the ongoing storm events has concluded and the emergency declaration may be terminated pursuant to Arroyo Grande Municipal Code section 8.12.065.D.; and RESOLUTION NO. 5321 PAGE 3 WHEREAS, The termination of the local emergency is also consistent with Government Code section 8630, subdivision (d), that the City Council shall terminate a local emergency proclamation "at the earliest possible date that conditions warrant"; and WHEREAS, adopting this Resolution terminating the local emergency is not a project subject to the California Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, that: 1. The recitals set forth herein are true, correct and incorporated by reference herein. 2. The City Council hereby terminates the current local emergency (see Resolution Nos. 5269 and 5273), related to the storm events that began December, 2022, and finds the situation resulting from the emergency conditions is within the control of the normal protective services, personnel, equipment and facilities of the City pursuant to Arroyo Grande Municipal Code section 8.12.065.D. On motion of Council Member Barneich, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Barneich, Guthrie, Secrest, George, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 12th day of September, 2023. RESOLUTION NO.5? -I PAGE 4 CAREN RAY RU S s M, MAYOR ATTEST: J SICA MATSON, CITY CLERK APPROVED AS TO CONTENT: BILL ROBE-S—e4117 INTERIM CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CI ATTO' Y OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5321 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12th day of September, 2023. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of September, 2023. J SSICA MATSON, CITY CLERK