HomeMy WebLinkAboutCC_2023_03_14_EMER Meeting Agenda Packet CITY OF ATASCADERO EMERGENCY MEETING AGENDA
***VIRTUAL MEETING INFORMATION***
The City Council Meeting will not be physically open to the public and will be virtual
only. City Council Members and staff will be teleconferencing into the meeting.
HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom, the City’s
YouTube channel, and listen live on KPRL Radio 1230AM and 99.3FM. The video
recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and
6:00 pm and will be available through the City’s website and on the City’s YouTube
Channel. To participate remotely using the Zoom platform please visit
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Individuals who wish to provide public comment virtually may call (669) 900-6833
(Meeting ID: 889 2347 9018) to listen and provide public comment via phone or
via the Zoom platform using the link above.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City
procedure for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the office of the City Clerk and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these
numbers. All documents submitted by the public during Council meetings that are made a part of
the record or referred to in their statement will be noted in the Minutes and available for review by
contacting the City Clerk's office. All documents will be available for public inspection by
appointment during City Hall business hours.
Page 1 of 13
NOTICE OF
EMERGENCY MEETING
Atascadero City Council
Tuesday, March 14, 2023
6:00 P.M.
**MEETING WILL BE VIRTUAL ONLY**
Atascadero City Hall Council Chambers, 4th Floor
6500 Palma Avenue, Atascadero, California
(Enter from Lewis Avenue)
AGENDA
ROLL CALL:
DISCUSSION:
1. AB 361 Requirements for Virtual Meetings
▪ Recommendation: Council adopt Draft Resolution, making findings consistent with
AB 361 to allow for the conduct of virtual meetings. [City Manager]
2. Ratify Proclamation of Existence of Local Emergency
▪ Recommendation: Council adopt Draft Resolution ratifying the Director of
Emergency Services’ proclamation of the existence of a local emergency.
[City Manager]
ADJOURNMENT:
The City Council will adjourn to its Regular Session.
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO )
I, LARA K. CHRISTENSEN, City Clerk, being duly sworn, depose that on March 14, 2023, a copy of the foregoing
Notice of Special Meeting was posted at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, California and
was available for public review in the Customer Service Center at that location.
LARA K. CHRISTENSEN, City Clerk
City of Atascadero
Page 2 of 13
ITEM NUMBER: 1
DATE: 03/14/23
Atascadero City Council
Staff Report - City Manager
AB 361 Requirements for Virtual Meetings
RECOMMENDATION:
Council adopt Draft Resolution making findings consistent with the requirements of
AB 361 to allow for the conduct of virtual meetings.
DISCUSSION:
On Friday, September 17, 2021, the Governor signed AB 361. AB 361 amends
Government Code Section 54953 to provide more clarity on the Brown Act’s rules and
restrictions surrounding the use of teleconferencing to conduct meetings. This Section
of the Government Code Section 54953(e) creates alternate measures to protect the
ability of the public to appear before local legislative bodies.
With the passage of AB 361, local agencies are allowed to conduct virtual meetings
during a declared state of emergency, provided local agencies comply with specified
requirements. The City Council must adopt a Draft Resolution finding that the requisite
conditions exist for the legislative bodies of the City of Atascadero to conduct remote
teleconference meetings in compliance with AB 361. (Government Code Section
54953(e).) AB 361 requires the City Council to reconsider the circumstances of the
state of emergency not later than 30 days after teleconferencing for the first time
pursuant to AB 361 and every 30 days thereafter in order to continue to conduct remote
teleconference meetings.
Due to severe winter storms that have struck California since late February 2023 (the
“2023 March Storms”), bringing damaging winds and historic precipitation, there has
been significant flooding, wind gusts, falling debris, and downed trees throughout the
County of San Luis Obispo and the City of Atascadero. On March 1, 2023, Governor
Newsom declared a state of emergency in several counties throughout California,
including San Luis Obispo County, to support disaster relief and response to recent
winter storms. That declaration is still in effect.
On March 10, 2023, the City Council was not in session and an emergency, as defined
in Section 4-4.03 of the Atascadero Municipal Code, Government Code Section
8558(c), and Public Contract Code Section 1102, was determined to exist in the City of
Atascadero and the City Manager, as the Director of Emergency Services, proclaimed
the existence of a local emergency. Additionally, President Biden declared, on March
10, 2023, that an emergency exists in the State of California and ordered Federal
Page 3 of 13
ITEM NUMBER: 1
DATE: 03/14/23
assistance to supplement State, tribal, and local response efforts due to the emergency
conditions resulting from severe winter storms, flooding, landslides, and mudslides
beginning on March 9, 2023, and continuing.
As a result of the 2023 March Storms, flooding of Atascadero Creek, Graves Creek,
Dove Creek, multiple seasonal creeks, Atascadero Lake, and the Salinas River in the
City of Atascadero caused and continues to cause damage to public and private
property in the City of Atascadero. Critical infrastructure in the City of Atascadero has
been damaged and/or compromised as a result of the 2023 March Storms and these
storms have and are expected to continue to cause landslides, threatening and/or
damaging public and private property in the City.
Soil conditions in the City of Atascadero and County of San Luis Obispo remain
saturated and today’s storm continues to threaten the City and County, bringing strong
winds, above normal precipitation, and unusually cold temperatures, increasing the
likelihood of further damage from earth slippage events, including the potential for
additional flooding. Rain and wind are expected to continue throughout the day and
evening and the public has been requested to restrict the use of the roadways to
essential travel only. Given the continued and ongoing conditions of the March 2023
Storms, and out of an abundance of caution for the protection of life and safety, the
public interest and necessity are best served by adoption of the Draft Resolution.
In order to conduct tonight’s meeting by remote teleconferencing, the City Council must
make the following findings (Gov. Code § 52953(e)(3)):
• The City Council has considered the circumstances of the state of emergency.
• Any of the following circumstances exist:
o The state of emergency continues to directly impact the ability of the
members to meet safely in person.
o State or local officials continue to impose or recommend measures to
promote social distancing.
Should the Draft Resolution not be adopted, and the City Council (or an individual
Council Member) elects to attend virtually, the City must comply with the pre-pandemic
teleconferencing provisions of the Brown Act (Government Code Section 54953(b)(3))
or the newly enacted provisions of Assembly Bill 2449 (Government Code Section
54953(f)(1)).
Adoption of the Draft Resolution does not prohibit the conduct of a traditional or hybrid
meeting in accordance with state and local regulations and if the Draft Resolution were
not adopted, hybrid City Council meetings will continue to be conducted, allowing public
participation both virtually and in-person.
FISCAL IMPACT:
None.
ATTACHMENT:
Draft Resolution
Page 4 of 13
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
PROCLAIMING THE NEED TO MEET BY TELECONFERENCE
PURSUANT TO GOVERNMENT CODE SECTION 54953(e)
WHEREAS, all meetings of the City of Atascadero legislative bodies are open and public
as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963); and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for
remote teleconferencing participation in meetings by members of a legislative body, without
compliance with the requirements of Government Code section 54953(b)(3), subject to the
existence of certain conditions; and
WHEREAS, Government Code section 54953(e) was added by AB 361, signed by
Governor Newsom on September 17, 2021; and
WHEREAS, due to severe winter storms that have struck California since late February
2023 (the “2023 March Storms”), bringing damaging winds and historic precipitation, there has
been significant flooding, wind gusts, falling debris, downed trees, and power outages throughout
the County of San Luis Obispo and the City of Atascadero; and
WHEREAS, as a result of the 2023 March Storms, major flooding of Atascadero Creek,
Graves Creek, Dove Creek, multiple seasonal creeks, Atascadero Lake, and the Salinas River in
the City of Atascadero caused and continues to cause damage to public and private property in the
City of Atascadero; and
WHEREAS, the 2023 March Storms has or is expected to cause landslides, which threaten
and/or damage public and private property in Atascadero, California; and
WHEREAS, critical infrastructure in the City of Atascadero has been damaged and/or
compromised as a result of the 2023 March Storms; and
WHEREAS, on March 1, 2023, Governor Newsom declared a State of Emergency as a
result of the winter storms impacting various counties throughout California, including San Luis
Obispo County; and
WHEREAS, consistent with the California Emergency Services Act (California
Government Code sections 8639, 8550, et. seq.) and Atascadero Municipal Code Title 4 Chapter
4, Emergency Organization and Functions, the Director of Emergency Services of the City of
Atascadero did find that conditions of extreme peril to the safety of persons and property have
arisen within said City, caused by the 2023 March Storms and that the City Council of the City of
Atascadero was not in session; and
WHEREAS, the Director of Emergency Services did, based upon those findings, declare
a local emergency pursuant to local, State, and Federal law, on March 10, 2023; and
WHEREAS, such State of Emergency remains in effect; and
Page 5 of 13
WHEREAS, soil conditions in the City of Atascadero and County of San Luis Obispo
remain saturated as a result of the 2023 March Storms, and additional storms have and/or will
continue to threaten the City and County, bringing strong winds, above normal precipitation, and
unusually cold temperatures, increasing the likelihood of further damage from earth slippage
events, including the potential for additional flooding; and
WHEREAS, the conditions of extreme peril to the safety of persons and property did and
still exist within the City of Atascadero, caused by the 2023 March Storms.
WHEREAS, Government Code Section 54953(e) requires that the City Council must
reconsider the circumstances of the state of emergency every 30 days in order to continue to
conduct remote teleconference meetings in compliance with AB 361.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated into
this Resolution by this reference.
SECTION 2. Findings. The City Council does hereby find that:
1. The City Council has considered the circumstances of the state of emergency declared
as a result of the March 2023 Storms.
2. The state of emergency continues to directly impact the ability of the members to meet
safely in person.
SECTION 3. Compliance with Government Code Section 54953(e). The City Council and
other legislative bodies will continue to meet by teleconference in accordance with Government
Code section 54953(e).
SECTION 4. Effective Date of Resolution. This Resolution shall take effect immediately
upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of
this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance
with Government Code section 54953(e)(3) to extend the time during which the legislative bodies
of the City of Atascadero may continue to teleconference without compliance with paragraph (3)
of subdivision (b) of section 54953.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ______
day of March, 2023.
On motion by Council Member __________ and seconded by Council Member __________
the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
Page 6 of 13
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 7 of 13
ITEM NUMBER: 2
DATE: 03/14/23
Atascadero City Council
Staff Report - City Manager
Ratify Proclamation of Existence of Local Emergency
RECOMMENDATION:
Council adopt Draft Resolution, ratifying the Director of Emergency Services’
proclamation of the existence of a local emergency.
DISCUSSION:
The California Emergency Services Act (California Government Code sections 8639,
8550, et. seq.) and Atascadero Municipal Code Title 4, Chapter 4, Emergency
Organization and Functions, 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. The
proclamation gives the City certain powers and immunities that do not exist in the
absence of such a declaration and is required for many FEMA or other reimbursement
purposes. The proclamation must be ratified and confirmed by the City Council within
seven (7) days of the action by the Director of Emergency Services/City Manager.
Due to severe winter storms that have struck California since late February 2023 (the
“2023 March Storms”), bringing damaging winds and historic precipitation, there has
been significant flooding, wind gusts, falling debris, and downed trees throughout the
County of San Luis Obispo and the City of Atascadero. On March 10, 2023, the City
Council was not in session and an emergency, as defined in Section 4-4.03 of the
Atascadero Municipal Code, Government Code Section 8558(c), and Public Contract
Code Section 1102, was determined to exist in the City of Atascadero and the City
Manager, as the Director of Emergency Services, proclaimed the existence of a local
emergency.
Soil conditions in the City of Atascadero and County of San Luis Obispo remain
saturated as a result of the 2023 March Storms, and additional storms have and/or will
continue to threaten the City and County, bringing strong winds, above normal
precipitation, and unusually cold temperatures, increasing the likelihood of further
damage from earth slippage events, including the potential for additional flooding and
the public interest and necessity require the continuance of the Proclamation of
Existence of Local Emergency related to the 2023 March Storms. The City Council
Meeting, scheduled for March 14, 2023, is within the seven-day requirement that the
Page 8 of 13
ITEM NUMBER: 2
DATE: 03/14/23
City Council ratify and confirm the Director of Emergency Services’ proclamation and
make findings to continue the existence of a local emergency.
Adoption of the Draft Resolution will meet State law requirements to continue the
declaration of a local emergency and said local emergency will continue to exist until
terminated by the City Council.
FISCAL IMPACT:
None.
ATTACHMENT:
Draft Resolution
Page 9 of 13
ITEM NUMBER: 2
DATE:
ATTACHMENT:
03/14/23
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, RATIFYING THE DIRECTOR OF
EMERGENCY SERVICES’ PROCLAMATION OF
EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, due to severe winter storms that have struck California since late February
2023 (the “2023 March Storms”), bringing damaging winds and historic precipitation, there has
been significant flooding, wind gusts, falling debris, downed trees, and power outages
throughout the County of San Luis Obispo and the City of Atascadero; and
WHEREAS, as a result of the 2023 March Storms, major flooding of Atascadero Creek,
Graves Creek, Dove Creek, multiple seasonal creeks, Atascadero Lake, and the Salinas River in
the City of Atascadero caused and continues to cause damage to public and private property in
the City of Atascadero; and
WHEREAS, the 2023 March Storms has or is expected to cause landslides, which
threaten and/or damage public and private property in Atascadero, California; and
WHEREAS, critical infrastructure in the City of Atascadero has been damaged and/or
compromised as a result of the 2023 March Storms; and
WHEREAS, the California Emergency Services Act (California Government Code
sections 8639, 8550, et. seq.) and Atascadero Municipal Code Title 4 Chapter 4, Emergency
Organization and Functions, 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 Atascadero did find that
conditions of extreme peril to the safety of persons and property have arisen within said City,
caused by the 2023 March Storms and that the City Council of the City of Atascadero was not in
session; and
WHEREAS, the Director of Emergency Services did, based upon those findings, declare
a local emergency pursuant to local, State, and Federal law, on March 10, 2023; and
WHEREAS, the City Council convened for a meeting pursuant to State law at the
earliest possible time and within 7 days of such proclamation on March 14, 2023, which meeting
was duly noticed pursuant to the meeting procedures contained in the Ralph M. Brown Act; and
WHEREAS, soil conditions in the City of Atascadero and County of San Luis Obispo
remain saturated as a result of the 2023 March Storms, and additional storms have and/or will
continue to threaten the City and County, bringing strong winds, above normal precipitation, and
Page 10 of 13
ITEM NUMBER: 2
DATE:
ATTACHMENT:
03/14/23
1
unusually cold temperatures, increasing the likelihood of further damage from earth slippage
events, including the potential for additional flooding; and
WHEREAS, the conditions of extreme peril to the safety of persons and property did and
still exist within the City of Atascadero, caused by the 2023 March Storms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ATASCADERO:
SECTION 1. The Proclamation of Existence of a Local Emergency, as issued by the
Director of Emergency Services on March 10, 2023, is hereby ratified and confirmed.
SECTION 2. The City Council has reviewed the need for continuing the declaration of
local emergency and finds, based on substantial evidence, that the public interest and necessity
require the continuance of the Proclamation of Existence of Local Emergency related to the 2023
March Storms.
SECTION 3. Said local emergency shall be deemed to continue to exist until terminated
by the City Council of the City of Atascadero.
PASSED AND ADOPTED at an emergency meeting of the City Council held on the
14th day of March, 2023.
On motion by Council Member ________ and seconded by Council Member ________,
the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO:
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 11 of 13
ITEM NUMBER: 2
DATE: 03/14/23
ATTACHMENT: 1A
Page 12 of 13
ITEM NUMBER: 2
DATE: 03/14/23
ATTACHMENT: 1A
Page 13 of 13