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CC 2024-01-09_09.f. Waiving or Reimbursing Permit Fees_Flooding 2023Item 9.g. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director SUBJECT: Consideration of Adoption of a Resolution Waiving or Reimbursing up to $5,000 for Certain Building Permit Fees Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023 Declared Local Emergencies DATE: January 9, 2024 SUMMARY OF ACTION: Adoption of a Resolution (Attachment 1) waiving or reimbursing up to $5,000 for certain building permit fees (demolition, building permit, and inspection fees) related to repair or reconstruction of homes damaged by flooding during the 2023 declared local emergencies. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are seven (7) red-tagged homes and one (1) yellow-tagged home that experienced flood damage on Tally Ho Road as part of the 2023 storm event s. Waivers or reimbursements up to $5,000 for fees associated with staff’s review and inspection of each impacted residence would be funded from the General Fund. Staff estimates that there may be up to three residences that could need significant remodeling or full reconstruction due to damages from the winter 2023 storm events within the larger set of eligible properties. The City contracts with a building plan-check and inspection firm. The fees for these services are offset by individuals who apply for building permits and pay the associated fees. RECOMMENDATION: 1) Adopt a Resolution waiving or reimbursing up to $5,000 for certain building permit fees (demolition, building permit, and inspection fees) related to repair or reconstruction of homes damaged by flooding during the 2023 declared local emergencies; 2) Find the public purpose contained within the Staff Report supports the contemplated waivers or reimbursements; and 3) Determine that the item is not a project subject to the California Environmental Quality Act (“CEQA”) because it has not 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.). Page 194 of 282 Item 9.g. City Council Consideration of Adoption of a Resolution Waiving or Reimbursing up to $5,000 for Certain Building Permit Fees Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023 Declared Local Emergencies January 9, 2024 Page 2 BACKGROUND: On January 4, Governor Newsom issued a Proclamation of a State of Emergency relating to severe winter storms and a series of atmospheric river systems that struck California beginning December 27, 2022, bringing high winds, substantial precipitation, and river, stream, and urban flooding. Storm events starting in December, 2022 resulted in two City Council-ratified local emergencies in winter and spring 2023. On January 8, 2023, the President of the United State declared that an emergency existed in the State of California relating to severe winter storms, flooding, landslides, and mudslides. The Presidential Emergency Declaration makes residents in impacted counties who had damage or losses from the storms eligible to apply for federal disaster assistance. On January 17, 2023, San Luis Obispo County was added as an affected county, meaning San Luis Obispo County residents who had damage or losses from the storms became eligible to apply for Federal Emergency Mana gement Agency (FEMA) disaster assistance. On January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms. In the City of Arroyo Grande, due to the recent flooding events, seven (7) properties were “red-tagged,” meaning that the City’s Building Official deemed the re sidences as unsafe to occupy due to flooding and/or structural damage to the homes. Additionally, one (1) property was “yellow-tagged” meaning that the City’s Building Official identified damage but did not deem it unsafe to occupy. A few weeks following t he storm event on January 24, 2023, the City Council passed Resolution 5259 (Attachment 2), which proclaimed and confirmed the existence of a local emergency, as issued by the Emergency Services Director/City Manager on January 18, 2023, and waived demolition permit and inspection fees for residents that experienced flooding resulting from the emergency. A demolition permit fee is $377.12, and this fee was waived for those Tally Ho properties that pulled demolition permits. On March 14, 2023, the City adopted a resolution declaring a continued local emergency related to the winter 2023 storm events (Attachment 3). On January 23, 2023, the City received and approved an application to demolish one (1) of the damaged homes at 262 Tally Ho Road. On August 4, 20 23, the City received an application to reconstruct a single-family home of the approximate same size as the one that was demolished. The property owner requested a fee waiver on October 10, 2023. City staff let the applicant know that fees would need to be paid upfront to issue the permit, but that staff would consider bringing the fee waiver request to the City Council for direction and that at that time, there was no indication that the City Council would support such a fee waiver. Subsequently, the discussion evolved after hearing from community stakeholders and after further research on other local communities’ response to fee waiver requests, and staff determined that a discussion at the City Council was warranted. Page 195 of 282 Item 9.g. City Council Consideration of Adoption of a Resolution Waiving or Reimbursing up to $5,000 for Certain Building Permit Fees Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023 Declared Local Emergencies January 9, 2024 Page 3 On December 12, 2023, the City Council held a discussion to consider waiving or reimbursing certain building permit fees. The City Council directed staff to return with a resolution to allow a waiver or reimbursement of building permit fees up to $5,000 for each applicant with several requirements as follows: A. Limiting the fee waiver to a maximum, not-to-exceed amount of $5,000 of the total amount of the associated demolition, building permit, and inspection fees for the impacted properties. B. The home must be within Arroyo Grande and have been “red -tagged” or “yellow- tagged” during the 2023 storm events and City’s declared local emergencies related to those weather events. C. The time to seek a reimbursement or fee waiver reduction should be limited to 90 days or less (from the adoption of the attached resolution), unless the applicant provides evidence within the 90-day period that it is beyond their reasonable control to apply for the fee waiver with in the time limit. The applicant must apply for the underlying permits for which they sought a fee waiver within 1 -year of adoption of the attached resolution. If approved by City Council, written notice will be provided to the eligible City property owne rs described within item “B” above, within one day following adoption of the resolution. D. The applicant must provide proof of ownership of the home and proof that the home is their primary residence. Proof of homeownership shall require a stamped grant deed filed with the county recorder. Acceptable proof of primary residency will include: an active voter registration, a valid driver’s license, or other government - issued documentation with both the property owner’s name and the property address damaged or destroyed by the winter 2023 storm events. E. All those listed as grantee on the deed must sign an acknowledgement that the City of Arroyo Grande makes no representations regarding how the property owner’s acceptance of the fee waiver may impact insurance payments or potential recovery through federal disaster relief programs. Additionally, property owners receiving a fee waiver or reimbursement must waive all potential claims by themselves or any third party against the City of Arroyo Grande based on insurance payments or federal disaster relief program payments to the same address. F. The applicant must provide evidence to the satisfaction of the Community Development Director that other sources of recovery dollars (FEMA, Homeowners insurance), when taken together, are insufficient to cover the cost of repair, reconstruction, and permitting, or alternatively, that such other sources refuse to cover the cost of repair, reconstruction, and permitting. G. The fee waiver shall not be transferrable to any other property owner. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who files the proof of primary residency at the time of the winter 2023 storm events. Page 196 of 282 Item 9.g. City Council Consideration of Adoption of a Resolution Waiving or Reimbursing up to $5,000 for Certain Building Permit Fees Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023 Declared Local Emergencies January 9, 2024 Page 4 All fees that were waived must be paid to the City before a Certificate of Occupancy is issued to an owner other than the one listed on the fee waiver. H. Authorize the City Manager to impose any additional conditions or modify the listed conditions as necessary or proper to effecting and administering the fee waiver. AN ALYSIS OF ISSUES: City Authority to Grant Fee Waivers The City Council has the authority to grant fee waivers for building permits. As stated above, the City Council previously approved Resolution 5259 to waive demolition permit and inspection fees for residents and businesses who experienced flooding resulting from the January 9th storm event. The City Council has the authority to similarly waive the fees for other building permit fees by resolution. Regarding potential City costs associated with waiving building permit fees, staff found that there were up to three residences with significant flood damage that could potentially require a complete rebuild. The total permit cost for each residence would likely be in the range of $13,500. Several other homes on Tally Ho sustained more minor flood damage and obtained demolition permits to remove drywall and insulation. These demolition permit fees were previously waived by the City in accordance with Resolution 5259. Findings Regarding Building Permit Fee Waiver in Arroyo Grande Waiver or reimbursement of building permit fees for those homes damaged by the winter 2023 storm events must be supported by a public purpose. Staff identified, and the City Council agreed, that the public purpose supported by this fee waiver is to restore blighted neighborhoods by reducing barriers to reconstruction or repair of storm-damaged homes. Authorizing reductions in fee waivers helps fa cilitate individuals to return to homes from which they were displaced during flooding events. Additionally, costs of home repair may be so significant that the monetary barrier can act as a disincentive from conducting such repair. Natural disasters like flooding represent an unexpected and unplanned expense that can significantly constrain homeowners’ ability to pay for these repairs. Thus, waiver or reimbursement of building permit fees serves substantial public purposes, and the benefits of the program to private individuals are incidental to the public benefit. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adoption of a Resolution waiving or reimbursing up to $5,000 for certain building permit fees (demolition, building permit, and inspection fees) related to repair or reconstruction of homes damaged by flooding in 2023 declared local emergencies, subject to the findings and conditions listed therein; or 2. Provide other direction to staff. Page 197 of 282 Item 9.g. City Council Consideration of Adoption of a Resolution Waiving or Reimbursing up to $5,000 for Certain Building Permit Fees Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023 Declared Local Emergencies January 9, 2024 Page 5 ADVANTAGES: Waiver of the fees associated with this action would assist a group of similarly situated homeowners with reconstruction costs resulting from the winter 2023 storm events; thereby allowing this neighborhood to continue to improve in its orderly development; however, the City will fail to recoup its whole set of adopted, applicable fees as described below. DISADVANTAGES: Waiving the fees associated with this action will result in the City providing building services without full cost recovery. Additionally, there are precedent-setting issues related to future emergencies that will have widespread private property damage such as slope failures and earthquakes, as well as more minor private property damages such as structural damage due to high wind events. Depending on future emergencies, these could significantly impact the City’s General Fund budget. However, the targeted and focused list of findings and constraints in the attached Resolution are intended to limit any type of fee waiver to a specific time frame tha t includes an ending date and criteria that correlate to a scope and event. Not allowing a fee waiver or reduction would require property owners to fully fund building permits associated with reconstruction of residences damaged by the winter 2023 storm events. ENVIRONMENTAL REVIEW: This fee waiver/reimbursement 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. The reconstruction of a flood damaged single-family residence is a ministerial project and therefore is also not subject to CEQA. Alternatively, the fee waiver/reimbursement is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution 2. City of Arroyo Grande Resolution 5259 3. City of Arroyo Grande Resolution 5273 Page 198 of 282 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE WAIVING OR REIMBURSING UP TO $5,000 FOR CERTAIN BUILDING PERMIT FEES (DEMOLITION, BUILDING PERMIT, AND INSPECTION FEES) RELATED TO REPAIR OR RECONSTRUCTION OF HOMES DAMAGED BY FLOODING IN 2023 DECLARED LOCAL EMERGENCIES AND FINDING THE ACTION EXEMPT FROM CEQA 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; and WHEREAS, the Presidential Declaration makes residents in impacted counties who had damage or losses from the storms eligible 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 WHEREAS, on January 17, 2023, San Luis Obispo County was added as an affected county, meaning San Luis Obispo County residents who had damage or losses from the storms may apply for Federal Emergency Management Agency (FEMA) disaster assistance; and WHEREAS, on January 24, 2023, the City Council adopted a resolution confirming the emergency services director's proclamation of existence of a local emergency in Arroyo Grande and waiving demolition permit and inspection fees for flooded resident s, and on March 14, 2023, the City Council adopted a resolution declaring a second, continued local emergency related to the winter 2023 storm events; and WHEREAS, conditions of disaster or extreme peril to the safety of persons and/or property had arisen within the City of Arroyo Grande as a result of severe storm weather conditions for which the City Council declared local emergencies in 2023, including flooding and high winds, which damaged public and private structures and facilities including multiple homes and residences within the City limits that experienced significant flooding, and related local emergency impacts throughout the City; and WHEREAS, at the City Council meeting on December 12, 2023, the Council considered the public benefits associated with waiving a portion of the associated building permit fees (demolition, building permit, and inspection fees) resulting from the 2023 declared local emergencies for homes within the City of Arroyo Grande that were “red- Page 199 of 282 RESOLUTION NO. PAGE 2 tagged” or “yellow-tagged” as a result of the winter 2023 storm events as defined by the City’s declared local emergencies; and WHEREAS, the City Council found that there existed a public benefit to waiving or reimbursing up to $5,000 for certain building permit fees related to repair or reconstruc tion of homes damaged by flooding in 2023 declared local emergencies for a specific set of impacted residential homes; and WHEREAS, on January 9, 2024, the City Council considered the staff report and recommendations by staff, concerning the proposed fee waiver. Following the consideration on the consent agenda, the City Council adopted the prepared Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande finds, determines, resolves, and recommends: 1. Recitals. All recitals above are true and correct and hereby incorporated by reference. 2. Waiver of Building Permit Fees Public Purpose Finding. Waiver of a portion of the building permit fees associated with the reconstruction of flood damaged homes within the City of Arroyo Grande that were “red-tagged” or “yellow-tagged” during the winter 2023 storm events, as defined by the City’s declared local emergencies, provides a community benefit by restoring blighted neighborhoods and reducing barriers to reconstruction or repair of storm-damaged homes. Authorizing reductions in fee waivers helps facilitate individuals to return to homes from which they were displaced during flooding events. Additionally, costs of home repair may be so significant that the monetary barrier can act as a disincentive from conducting such repair. Natural disasters like flooding represent an unexpected and unplanned expense that can significantly constrain homeowners’ ability to pay for these repairs. Thus, waiver or reimbursement of building permit fees serves substantial public purposes, and the benefits of the program to private individuals are incidental to the public benefit. 3. Fee Waiver. The City of Arroyo Grande shall waive or reimburse up to $5,000 of certain building permit fees (demolition, building permit, and inspection fees) related to the repair or reconstruction of homes damaged by flooding during the 2023 declared local emergencies. 4. Limitations. Eligible City residents must meet the following criteria that shall apply to any fee waiver or reimbursement pursuant to this resolution: A. Limiting the fee waiver to a maximum not-to-exceed amount of $5,000 of the total amount of the associated demolition, building permit, and inspection fees for the impacted properties. B. The home must have been “red-tagged” or “yellow-tagged” during the 2023 storm events and City’s declared local emergencies related to those weather events. C. The time to seek a reimbursement or fee waiver reduction should be limited to 90 days or less (from the adoption of the attached Page 200 of 282 RESOLUTION NO. PAGE 3 resolution), unless the applicant provides evidence within the 90 -day period that it is beyond their reasonable control to apply for the fee waiver within the time limit. The applicant must apply for the underlying permits for which they sought a fee waiver within 1-year of adoption of the attached resolution. If approved by the City Council, written notice will be provided to the eligible City property owners described within item “B” above, within one day following adoption of the resolution. D. The applicant must provide proof of ownership of the home and proof that the home is their primary residence. Proof of homeownership shall require a stamped grant deed filed with the county recorder. Acceptable proof of primary residency will include: an active voter registration, a valid driver’s license, or other government-issued documentation with both the property owner’s name and the property address damaged or destroyed by the winter 2023 storms. E. All those listed as grantee on the deed must sign an acknowledgement that the City of Arroyo Grande makes no representations regarding how the property owner’s acceptance of the fee waiver may impact insurance payments or potential recovery through federal disaster relief programs. Additionally, property owners receiving a fee waiver or reimbursement must waive all potential claims by themselves or any third party against the City of Arroyo Grande based on insurance payments or federal disaster relief program payments to the same address. F. The applicant must provide evidence to the satisfaction of the Community Development Director that other sources of recovery dollars (FEMA, Homeowners insurance), when taken together , are insufficient to cover the cost of repair, reconstruction, and permitting, or alternatively, that such other sources refuse to cover the cost of repair, reconstruction, and permitting. G. The fee waiver shall not be transferrable to any other property owner. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who files the proof of primary residency at the time of the winter 2023 storm events. All fees that were waived must be paid to the City before a Certificate of Occupancy is issued to an owner other than the one listed on the fee waiver. H. The City Manager may impose any additional conditions or modify the listed conditions as necessary or proper to effecting and administering the fee waiver. 5. CEQA. Pursuant to State California Environmental Quality Act (CEQA) Guidelines, the fee waiver/reimbursement 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. The reconstruction of a flood damaged single-family residence is a ministerial project and therefore is also not subject to CEQA. Alternatively, the fee waiver or reimbursement is exempt from CEQA on the Page 201 of 282 RESOLUTION NO. PAGE 4 basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) 6. Severability. If any section, division, sentence, clause, phrase or portion of this resolution or the document in the record in support of this resolution is determined by a court of competent jurisdiction to be invalid, unenforceable, unconstitutional or otherwise void, that determination shall not affect the validity of the remaining sections, divisions, sentences, clauses, phrases of this Resolution. 7. Effective Date. This Resolution shall take effect upon its date of adoption. On motion by Council Member ________, seconded by Council Member _______, and by the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was adopted this 9th day of January, 2024. Page 202 of 282 RESOLUTION NO. PAGE 5 _______________________________ CAREN RAY RUSSOM, MAYOR ATTEST: _______________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: _______________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: _______________________________ ISAAC ROSEN, CITY ATTORNEY Page 203 of 282 RESOLUTION NO. PAGE 6 EXHIBIT A CONDITIONS OF APPROVAL BUILDING PERMIT FEE WAIVERS OR REIMBURSEMENTS CERTAIN RESIDENCES DAMAGED DURING 2023 WINTER STORMS COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this resolution. 2. Eligible City residents shall have ninety (90) days or less from the date this Resolution is adopted to request in writing a fee waiver addressed to the Director of Community Development unless the applicant provides evidence within the 90-day period that it is beyond their reasonable control to apply for the fee waiver within the time limit, and the applicant must apply for the underlying permits within one year of adoption of this Resolution for which they sought a fee waiver or reimbursement. 3. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The Applicant shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City related to this permit or approval. Although the Applicant is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the Applicant of any obligation under this condition. Building permit fee waivers authorized by this Resolution shall only apply to residences that were red- or yellow-tagged during the 2023 winter storm events as defined by the City’s declared local emergencies. 4. The amount of the waiver shall not exceed five-thousand dollars ($5,000) in total. 5. The applicant shall provide proof of ownership of the home and proof that the home is their primary residence. Proof of homeownership shall require a stamped grant deed filed with the county recorder. Acceptable proof of residency will include: an active voter registration, a valid driver’s license, or other government-issued documentation with both the property owner’s name and the property owner’s address damaged or destroyed by the 2023 storms. 6. The applicant and all individuals listed as grantee on the deed shall sign an acknowledgement that the City of Arroyo Grande makes no representations regarding how the property owner’s acceptance of the fee waiver may impact insurance payments or potential recovery through federal disaster relief programs. Additionally, property owners receiving a fee waiver or reimbursement must waive all potential Page 204 of 282 RESOLUTION NO. PAGE 7 claims by themselves or any third party against the City of Arroyo Grande based on insurance payments or federal disaster relief program payments to the same address. 7. The applicant must provide evidence to the satisfaction of the Community Development Director that other sources of recovery dollars (FEMA, homeowners insurance), when taken together, are insufficient to cover the cost of repair, reconstruction, and permitting, or alternatively, that such other sources refuse to cover the cost of repair, reconstruction and permitting. 8. The fee waiver shall not be transferable to any other property owner. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who files the proof of primary residency at the time of the 2023 January and March flood events. All fees that were waived must be paid to the City before a Certificate of Occupancy is issued to an owner other than the one listed on the fee waiver. 9. The Resolution shall authorize the City Manager to impose any additional conditions or modify the listed conditions as necessary or proper to effecting and administering the fee waiver. Page 205 of 282 RESOLUTION NO. 5259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE EMERGENCY SERVICES DIRECTOR'S PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY IN ARROYO GRANDE AND WAIVING DEMOLITION PERMIT AND INSPECTION FEES FOR FLOODED RESIDENTS WHEREAS, California Government Code section 8630 and Section 8.12.060 (a) of the Arroyo Grande Municipal Code empower the Emergency Services Director/City Manager to proclaim a local emergency if the City Council is not in session; and WHEREAS, California Government Code section 8630 requires that the City Council shall take action to ratify the proclamation within seven days thereafter; 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") relating 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; and WHEREAS, The Presidential Declaration makes residents in impacted counties who had damage or losses from the storms eligible 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 WHEREAS, on January 17, 2023, San Luis Obispo County was added as an affected county, meaning San Luis Obispo County residents who had damage or losses from the storms may now apply for Federal Emergency Management Agency (FEMA) disaster assistance; and WHEREAS, conditions of disaster or extreme peril to the safety of persons and/or property have arisen within the City of Arroyo Grande as a result of severe storm weather conditions, including flooding and high winds, causing damage to public and private structures and facilities including multiple homes and residences within the City limits that experienced significant flooding, and related local emergency impacts throughout the City, as defined by California Government Code section 8558(c) ATTACHMENT 2 Page 206 of 282 RESOLUTION NO. 5259 PAGE 2 beginning on or about December 27, 2022, and escalating in a manner warranting the proclamation of a local emergency, commencing on or about 8:00 a.m. on the 4th day of January, 2023, at which time the City Council of Arroyo Grande was not in session; and WHEREAS, on January 18, 2023, the City Manager acting as the Emergency Services Director did properly proclaim the existence of 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, that: 1. The proclamation of existence of a local emergency, as issued by the Emergency Services Director/City Manager on January 18th, 2023, is hereby ratified and confirmed. 2. Demolition permit and inspection fees will be waived for residents and businesses who have experienced flooding resulting from this emergency. BE IT FURTHER RESOLVED that the conditions constituting a local emergency emerged on or about December 27, 2022, and continued and escalated in a manner warranting a local emergency proclamation as of January 4, 2023, and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Arroyo Grande. On motion of Council Member Barneich, seconded by Council Member George, and on I following roll call vote, to wit: AYES: Council Members Barneich, George, Guthrie, Secrest, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 24th day of January, 2023. Page 207 of 282 RESOLUTION NO. 5D51 PAGE 3 CAREN RAY RU 611 , MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: PIAt A WHITNEY M 4.ONALD, CITY MANAGER APPROVED AS TO FORM: TIMOTHY,. CARMEL, ATTORNEY Page 208 of 282 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. 5259 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24th day of January, 2023. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of January, 2023. SSICA MATSON, CITY CLERK Page 209 of 282 ATTACHMENT 3 Page 210 of 282 Page 211 of 282 Page 212 of 282 Page 213 of 282 Page 214 of 282 Item 10.a. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director SUBJECT: Consider a Resolution for the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design DATE: January 9, 2024 RECOMMENDATION: On October 24, 2023, this public hearing item was opened and continued to a date certain of November 28, 2023. On November 28, 2023, the item was opened and continued to a date certain of January 9, 2024, with a re-notice for a public hearing. The applicant has requested that this item be continued to a date certain of February 27, 2024. City staff has worked with applicant to find a mutually satisfactorily date for the hearing and determined the 2nd Council meeting in February works with applicant’s availability. Attachments: 1. Applicant’s Continuance Request to a date certain. Page 215 of 282 1 Isaac Rosen From:Marsha Burch <mburchlaw@gmail.com> Sent:Thursday, January 4, 2024 11:22 AM To:Isaac Rosen Subject:Harris Well Application -- City of Arroyo Grande CAUTION - EXTERNAL SENDER. Hello, Issac. I represent Mr. Harris with respect to the above-referenced application. The Harris Well Application is set to be heard by the City Council on January 9, 2024. The applicant requests a continuance of the hearing to February 27, 2024. This time will allow the new City Manager to become familiar with the application and issues. Thank you for your consideration. -Marsha 131 S. Auburn Street Grass Valley, CA 95945 530/272.8411 fax: 530/272.9411 mburchlaw@gmail.com https://www.marshaburchlawoffice.com THE INFORMATION CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS CONFIDENTIAL AND INTENDED TO BE SENT ONLY TO THE STATED RECIPIENT OF THE TRANSMISSION. IT MAY THEREFORE BE PROTECTED FROM UNAUTHORIZED USE OR DISSEMINATION BY THE ATTORNEY-CLIENT AND/OR ATTORNEY WORK- PRODUCT PRIVILEGES. If you are not the intended recipient or the intended recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You are also asked to notify us immediately by telephone at 530/272.8411 or reply by e-mail and delete or discard the message. Thank you. Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use. ATTACHMENT 1 Page 216 of 282