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R 5302 RESOLUTION NO. 5302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY WITHIN THE CITY OF ARROYO GRANDE (ONGOING STORM EVENTS BEGINNING 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 on February 14, 2023, February 28, 2023, March 14, 2023, March 28, April 11, April 25, 2023, May 9, 2023, May 23, 2023, June 13, 2023; 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, and enabling public agencies in impacted counties that suffered 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 RESOLUTION NO. 5302 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 ongoing atmospheric rivers caused significant flooding of City infrastructure and streets, as well as homes in Arroyo Grande; and WHEREAS, adopting this Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act ("CEQA") because the continued declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (bX2)-(3), 15378.x: 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. 2. A local emergency is declared to continues to exist throughout the City of Arroyo Grande (see Resolution No. 5259), and the City has been undertaking, and will continue through termination of this emergency to undertake necessary measures and incur necessary costs, which are directly related to the damage caused by the severe winter storms and are taken in furtherance of; the Governor's Proclamation of a State of Emergency on January 4, 2023; the RESOLUTION NO. 5302 PAGE 3 President of the United States' Declaration of a National Emergency on January 8, 2023; and related orders and directives. 3. A local emergency is declared to continue to exist throughout the City of Arroyo Grande (see Resolution Nos. 5269 and 5273) resulting from subsequent storm events, and the City has been undertaking, and will continue in effect through termination of this emergency, to undertake necessary measures and incur necessary costs, which are directly related to the damage caused by the severe winter storms and are taken in furtherance of the Governor's Proclamation of a State of Emergency on January 4, 2023; the President of the United States' approval of a California Emergency Declaration beginning January 8, 2023; the County of San Luis Obispo's Proclamation of a Local Emergency on March 10, 2023; and related orders and directives. On motion of Council Member George, seconded by Council Member Secrest, and on the following roll call vote, to wit: AYES: Council Members George, Secrest, Guthrie, Barneich, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of June, 2023. RESOLUTION NO. PAGE 4 po Af r CAREN RAY " `•M, MAYOR ATTEST: J SICA MATSON, CITY CLERK APPROVED AS TO CONTENT: i)4 f, % , ..„,,, f WHITNEY McDONALD, CITY MANAGER APPROVED AS TO FORM: IS ' C ROS N, CITY ATTORNEY OFFICIAL CERTIFICATION I, SARAH LANSBURGH, Deputy 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. 5302 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 27th day of June, 2023. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of June, 2023. Sad` (1 I / SARAH LANA URGH . ' PUTY CITY CLERK