CITY COUNCIL AGENDA
SPECIAL MEETING
CITY OF HALF MOON BAY
WEDNESDAY, JANUARY 4, 2023
ALL REMOTE PARTICIPATION (SEE NEXT PAGE) Deborah Penrose, Mayor Joaquin Jimenez, Vice Mayor
Robert Brownstone, Councilmember
Harvey Rarback, Councilmember
Debbie Ruddock, Councilmember
2:30 PM
This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration.
Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk.
Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726-8271.
In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/
SPECIAL REMOTE PROTOCOLS
This meeting will be held entirely by teleconference. All Councilmembers and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local officials have recommended social distancing (AB 361). The purpose of AB 361 is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic.
This meeting will be conducted via Zoom Webinar and live Spanish interpretation will be available within the Zoom platform.
Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/99588947925 or join by phone at 669-900-9128, using Webinar ID 995-88947925. If joining by phone, use *9 to raise your hand, *6 to mute and unmute.
CONVENE SPECIAL MEETING / ROLL CALL
1.. DISCUSSION ITEMS
1.A. RATIFY PROCLAMATION OF LOCAL EMERGENCY RELATED TO DECEMBER / JANUARY
WINTER STORM EVENT
Staff Recommendation: Adopt a resolution ratifying the Director of Emergency Services’ (Half Moon Bay City Manager) Proclamation of Local Emergency related to December / January Winter Storm Event.
ADJOURN SPECIAL MEETING
BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY
AGENDA REPORT
For meeting of: January 4, 2023
TO: Honorable Mayor and City Council
FROM: Matthew Chidester, City Manager
TITLE: RATIFY PROCLAMATION OF LOCAL EMERGENCY RELATED TO THE DECEMBER /
JANUARY WINTER STORM EVENT
______________________________________________________________________________ RECOMMENDATION:
Adopt a resolution ratifying the Director of Emergency Services’ (Half Moon Bay City Manager) Proclamation of Local Emergency related to the December / January Winter Storm Event which has caused flooding and other impacts to public facilities and infrastructure.
FISCAL IMPACT:
To be determined. The Proclamation of Local Emergency is a prerequisite for requesting state or federal assistance. The City will seek to recover expenses related to preparation, repair, and recovery from this storm event.
DISCUSSION:
Ratification of Proclamation of Local Emergency related to Winter Storm Event Pursuant to the HMB Municipal Code and the California Government Code, the Director of Emergency Services’ Proclamation of a Local Emergency must be ratified by the City Council within seven days, or the proclamation shall have no further force or effect. Ratification of the Proclamation of Local Emergency allows the City to exercise emergency police powers, such as evacuation; immunity for emergency actions; authorization of issuance of orders and regulations; activation of preestablished emergency provisions; and is a prerequisite for requesting state or federal assistance.
The City Manager proclaimed the Local Emergency based on several factors:
1) On December 31, 2022, the City of Half Moon Bay experienced severe flooding consistent with localized flooding events throughout San Mateo County and the Bay Area;
2) That same day, the National Weather Service issued a Flood Warning, and subsequently a Flood Watch, meaning residents should be aware that flooding is possible as showers continue;
3) Portions of Highways 1, 35, and 92 were closed on December 31, 2022, due to landslides, mudslides, and fallen trees;
4) As reported by CalFire, due to dangerous conditions, people were assisted from flooded homes and roads at Pilarcitos Avenue and Oak Avenue in Half Moon Bay; 5) Flooding from Pilarcitos Creek has required relocation of unhoused individuals alongside the Creek, and has threatened operations at the Sewer Authority MidCoastside plant; 6) In response to recent and future rain events and to prevent overtopping, the San Francisco Public Utilities Commission began releasing water from Pilarcitos Reservoir into Pilarcitos Creek on January 1, 2023 in the afternoon, with releases timed with current rain forecasts and the tide to minimize impacts; 7) With significant flooding throughout San Mateo County, sewage has impacted ocean and bay waters at swimming beaches;
8) Significant rain events are anticipated for the next several weeks, compounding current conditions given the saturated soils; and
9) The City is coordinating relief and response efforts with the San Mateo County Department of Emergency Management, which has requested timely submissions of preliminary damage assessments per FEMA and CalOES rules, and proclamations of local states of emergency for funding reimbursement.
The need to continue the local emergency will be brought before the Council for review every 60 days until conditions warrant termination, as required by law.
ATTACHMENTS:
1. Resolution
Exhibit A – Local Declaration of Emergency Related to Winter Storm Event RESOLUTION NO. C-2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY RATIFYING PROCLAMATION OF A LOCAL EMERGENCY RELATED TO THE DECEMBER / JANUARY 2023
WINTER STORM EVENT
WHEREAS, Section 2.25.060.A.1 of the Half Moon Bay Municipal Code empowers the Director of Emergency Services to request the City Council to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency;
WHEREAS, HMB Municipal Code Section 2.25.060.A.6.a states that the Director of Emergency Services shall have the power during a proclaimed emergency to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency, provided that such rules and regulations are confirmed at the earliest practicable time by the City Council;
WHEREAS on December 31, 2022, the City of Half Moon Bay experienced severe flooding consistent with localized flooding events throughout San Mateo County and the Bay Area;
WHEREAS, flooding from Pilarcitos Creek has required relocation of unhoused individuals alongside the Creek, and has threatened operations at the Sewer Authority MidCoastside plant; WHEREAS, in response to recent and future rain events and to prevent overtopping, the San Francisco Public Utilities Commission began releasing water from Pilarcitos Reservoir into Pilarcitos Creek on January 1, 2023 in the afternoon, with releases timed with current rain forecasts and the tide to minimize impacts; WHEREAS, with significant flooding throughout San Mateo County, sewage has impacted ocean and bay waters at swimming beaches;
WHEREAS, significant rain events are anticipated for the next several weeks, compounding current conditions given the saturated soils; WHEREAS, the City is coordinating relief and response efforts with the San Mateo County Department of Emergency Management, which has requested timely submissions of preliminary damage assessments per FEMA and CalOES rules, and proclamations of local state of emergency for funding reimbursement;
WHEREAS, these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and the efforts required to respond to, mitigate, and recover from the severe local flooding events have and will continue to impose extraordinary requirements and expenses on the City, requiring diversion of resources from day-to-day operations;
NOW, THEREFORE, the City Council of the City of Half Moon Bay resolves as follows:
1. The Proclamation of Local Emergency, as issued by the Director of Emergency Services on January 1, 2023, is hereby ratified and confirmed.
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 local emergency.
3. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Half Moon Bay, and until such time, the City Council shall review, until the local emergency is terminated, the need for continuing the local emergency.
4. The Director of Emergency Services is hereby directed to report to the City Council within sixty (60) days on the need for further continuing the local emergency.
5. During the existence of said local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by Ordinances and Resolutions of the City, and by the City of Half Moon Bay Emergency Operations Plan.
6. City staff is hereby authorized and directed to take any action that may be necessary or convenient to assist in obtaining federal, state or regional disaster/ emergency relief funding.
7. As provided in Half Moon Bay Municipal Code section 2.40.060 and Government Code section 8634, the Council hereby reaffirms that the Director of Emergency Services is authorized to promulgate orders and regulations necessary to provide for the protection of life and property during the existence of this local emergency.
8. This Resolution shall take effect immediately upon its adoption.
Exhibit A – Local Declaration of Emergency Related to Winter Storm Event ***************************************************************** I, the undersigned, hereby certify that the foregoing resolution was duly passed and adopted on the 4th day of January, 2023 by the City Council of Half Moon Bay by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ATTEST: APPROVED:
___________________________ _____________________________ Jessica Blair, City Clerk Deborah Penrose, Mayor
PROCLAMATION BY THE DIRECTOR OF EMERGENCY SERVICES (HALF MOON BAY CITY
MANAGER) OF LOCAL EMERGENCY RELATED TO SEVERE STORM EVENTS AND LOCAL
FLOODING
WHEREAS, pursuant to California Government Code Sections 8680.9 and 8558(c), a local emergency is a condition of extreme peril to persons or property proclaimed as such by the local agency affected by a natural or manmade disaster; WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary police powers, immunity for emergency actions, authorize issuance of orders and regulations, request state or federal assistance, and activate pre-established emergency provisions; WHEREAS, Half Moon Bay Municipal Code Section 2.25.060.A.1 empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, based on the following:
1) On December 31, 2022, the City of Half Moon Bay experienced severe flooding consistent with localized flooding events throughout San Mateo County and the Bay Area;
2) That same day, the National Weather Service issued a Flood Warning, and subsequently a Flood Watch, meaning residents should be aware that flooding is possible as showers continue;
3) Portions of Highways 1, 35, and 92 were closed on December 31, 2022, due to landslides, mudslides, and fallen trees;
4) As reported by CalFire, due to dangerous conditions, people were assisted from flooded homes and roads at Pilarcitos Avenue and Oak Avenue in Half Moon Bay; 5) Flooding from Pilarcitos Creek has required relocation of unhoused individuals alongside the Creek, and has threatened operations at the Sewer Authority Midcoastside plant; 6) In response to recent and future rain events and to prevent overtopping, the San Francisco Public Utilities Commission began releasing water from Pilarcitos Reservoir into Pilarcitos Creek on January 1, 2023 in the afternoon, with releases timed with current rain forecasts and the tide to minimize impacts; 7) With significant flooding throughout San Mateo County, sewage has impacted ocean and bay waters at swimming beaches;
8) Significant rain events are anticipated for the next several weeks, compounding current conditions given the saturated soils; and
9) The City is coordinating relief and response efforts with the San Mateo County Department of Emergency Management, which has requested timely submissions of preliminary damage assessments per FEMA and CalOES rules, and proclamations of local state of emergency for funding reimbursement.
DocuSign Envelope ID: F0F32419-349E-4244-BFAF-E19129A1D5CE WHEREAS, the above facts give rise to conditions of extreme peril to the safety and health of persons within the City; and
WHEREAS, these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and the efforts required to respond to, mitigate, and recover from the severe local flooding events have and will continue to impose extraordinary requirements and expenses on the City, requiring diversion of resources from day-to-day operations; and
WHEREAS, the City Council of the City of Half Moon Bay is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City related to the severe storm and local flooding events; and BE IT 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 ordinance, and resolutions of this City; and that this emergency proclamation shall expire in seven (7) days after issuance unless confirmed and ratified by the City Council of the City of Half Moon Bay.
DATED this 1st day of January, 2023
By:_____________________________
Matthew Chidester
Director of Emergency Services
City of Half Moon Bay
ATTEST:
_______________________________
Jessica Blair, City Clerk
1602459.1
DocuSign Envelope ID: F0F32419-349E-4244-BFAF-E19129A1D5CE