PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.E
SUBJECT/TITLE:
UPDATE ON MARCH 16, 2020 AND JANUARY 12, 2017 EMERGENCY
PROCLAMATIONS
RECOMMENDATION:
No action required; information only.
BACKGROUND:
Chapter 2.32 of the Pismo Beach Municipal Code empowers the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by an emergency and the City Council is not in session. An emergency exists when conditions are beyond the control of the services, personnel, equipment, facilities, and existing laws of this City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Service’s declaration is subject to City Council ratification within seven days.
As required by the Emergency Declarations ratified by Resolution R-2020-026 on March 17, 2020, relating to the COVID-19 health threat, and by Resolution R-2017-012 on January 17, 2017, relating to winter storm damage, the following status report is provided for information purposes.
March 17, 2020 Proclamation: COVID-19
A severe acute respiratory illness caused by a novel (new) coronavirus, known as COVID- 19, has spread globally and rapidly, resulting in illness and death around the world. The World Health Organization has described COVID-19 as a global pandemic. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the increased spread of COVID-19. Additionally, on March 13, 2020, the County of San Luis Obispo declared a countywide emergency. And on March 13, 2020, the President of the United States declared a federal emergency as a result of COVID-19.
The City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency on March 16, 2020, which declaration was ratified by Council Resolution R-2020-0261 on March 17, 2020. The Council further proclaimed that a local emergency existed as of the date of the Governor’s March 4, 2020 declaration of emergency, and that the local emergency continued to exist. The City also partially activated its Emergency Operations Center on March 16, 2020 and the EOC team has met periodically to address the changing conditions presented by the various emergency declarations and other state and county health guidance. 1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=250354&dbid=0&repo=Laserfiche Council Agenda 6-21-2022 9.D-1
Actions taken to date with respect to COVID-19 response have included the continued procurement of sanitation supplies, the temporary closure of City Hall and other City facilities to the public, additional software licensing to increase public access to the City’s online records, and the development of virtual meeting models to allow the City Council, staff, the business community, and residents to participate remotely in critical meetings.
The City ordered Pismo Beach-branded bandanas to be used as face coverings, and provided them to lodging properties and other businesses for distribution to customers.
As a result of seasonal crowds, staff ordered and posted signage promoting keeping physical distance. The City has allowed the use of the right-of-way for queuing of customers, and developed a pilot Temporary Outdoor Dining Area Certification (TODAC) program allowing businesses to place tables for their customers in approved outdoor areas such as parking lots. The City Council has also authorized the use of certain street rights-of-way for temporary outdoor dining as part of the City’s COVID-19 Support Dining Encroachment Permit program, which is still in effect.
During the initial closure of City facilities, the City adopted work-from-home policies and procedures to allow “essential” staff to continue their work and offer many public services virtually. At a special meeting of the City Council held on December 11, 2020, the Council authorized the Mayor to support a regional initiative for the counties of San Luis Obispo, Santa Barbara, and Ventura to be considered separately from the “Southern California” region for purposes of state COVID-19 metrics that dictate which counties are able to “re- open,” as the rates of infection and ICU occupation remain much lower in the tri-county area than the remainder of the counties currently considered to be part of the “Southern California” region. A joint Mayors’ letter asking for the state’s consideration of this request was transmitted the week of December 14, 2020. At this same meeting, the Council affirmed its support for this City’s continued enforcement of what were then known as state “purple tier” health and safety restrictions.
On May 19, 2020, the Council adopted Urgency Ordinance O-2020-004 which implemented a requirement that employees of any business open to the public wear face coverings when unable to maintain adequate physical distance from customers, as well as a requirement that each such business post signage encouraging patrons to wear masks, and providing information about CDC recommendations relating to hand washing and other topics. This Ordinance became effective on May 20, 2020. Staff delivered direct messaging to the business community using contact information provided in business licensing records. On June 15, 2021, following the relaxing of state health directives relating to the virus, the City Council adopted Urgency Ordinance O-2021-002 which repealed the City’s local face covering mandates.
The City provided messaging to the community encouraging the public to pursue vaccination, and has ensured that City Council Members and staff members are enrolled in vaccination opportunities as appropriate. On April 27, 2021, it was announced that San Luis Obispo County would be moved to what was then known as the state’s “orange” tier of state-mandated health and safety restrictions, effective April 28, 2021, enabling the transition to certain activities, such as limited indoor gatherings of individuals, with certain restrictions. As such, staff implemented a hybrid model for City Council and Planning Council Agenda 6-21-2022 9.D-2
Commission meetings, where a majority of legislative body members and some staff are present in person, and some legislative body members, some staff, and all members of the public are present virtually.
In late May of 2021, the State of California announced the planned repeal of most temporary health and safety restrictions relating to COVID-19 on June 15, 2021. In anticipation of a grace period allowing local jurisdictions to return to pre-pandemic practices shortly after the emergency orders were lifted, staff prepared logistically for the full return of the public in-person access to City Hall, other City facilities, and City Council Meetings. At the time of the update presented on August 17, 2021, nearly all City staff had returned to the office full-time, and CalOSHA guidance relating to the use of face coverings in the workplace had been implemented.
As of late 2021, City was monitoring concerns relating to the delta variant of the coronavirus, and the full return to in-person legislative meetings had yet to be implemented. In accordance with face covering guidance issued by the County Health Officer effective September 1, 2021, the City had issued a directive requiring employees to return to the use of face masks indoors and in vehicles when in proximity to other employees, as well as requiring visitors to wear masks inside City facilities.
The California Governor ended the state’s indoor mask mandate for vaccinated people on February 15, 2022, and at that point, vaccinated employees and officials were no longer required to wear face coverings inside City work facilities. A hybrid in-person/virtual legislative meeting model was implemented for meetings of the City Council and advisory bodies, with legislative body members, staff, and the public participating both in the Council Chamber and virtually.
Due to a relatively high number of COVID-19 cases at City Hall in late May and early June 2022, a number of staff resumed work-from-home practices on a temporary basis, and in addition to following standard CalOSHA guidance, enhanced guidance for masking upon returning to the office was implemented. Legislative meetings in the first half of June are being held entirely virtually, and staff will continue to monitor state and county regulatory changes and formulate appropriate adaptations to City operations.
January 17, 2017 Proclamation: Winter Storms
Summary of Current Events
The storm drain failure at Cliff Avenue and Ocean Boulevard required a Phase II Environmental Study per Caltrans Local Assistance (LA) and the City’s environmental subconsultant. The Phase II Environmental Study fieldwork is complete and the results are being reviewed by Caltrans LA for approval and National Environmental Policy Act (NEPA) clearance. Staff submitted a time extension request to Caltrans LA in mid-August 2021, and just received notification from Caltrans LA in April 2022 that a time extension has been granted giving the City until September 30, 2022 to provide request for construction authorization for the project to FHWA.
Council Agenda 6-21-2022 9.D-3
Contracts were awarded by Council on December 21, 2021 to Granite Construction, Inc. (Granite) and Cannon Associates (Cannon) for construction and construction management services for the Ocean Boulevard Improvement Project, respectively. A pre- construction meeting for the project was held the week of February 7, 2022, and submittal review and approval for most materials, equipment, traffic control and staging took place through March and April 2022. A groundbreaking ceremony took place the week of April 25, 2022 and construction has commenced. Construction is ongoing with installation of concrete pile foundations and tiebacks into bluff face for stabilization.
Construction for the Price Canyon Road Slope Repair project is complete along with the 3-month plant establishment period. A Notice of Completion was approved by the City Council on May 17, 2022.
Staff solicited and received three proposals for Professional Services for bid-ready plans and specifications for repair of the storm drain over the bluff behind the Dolphin Bay Resort. A contract has been executed with Eikhof Design Group, Inc., which has prepared 100% engineering plans for inhouse review and comments. The consultant has begun to prepare a bid document package and technical specifications.
Summary of Past Events
The Pismo Beach City Council declared a state of emergency on January 12, 2017, via Resolution R-2017-0122, in response to the January 2017 winter storms. Shortly after the Council’s declaration, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Jerry Brown for the region. On February 14, 2020 and March 16, 2020 President Donald Trump declared a major disaster for the early and late January storms, making federal disaster aid available. The storms, which began the first week of January, took a toll on the community, culminating with a Caltrans storm drain failure on Highway 101, which caused flooding of two hotels on Price Street, blockage of the City’s Franklin storm drain outfall and debris scattered along Highway 101, Price Street and sidewalk, on Franklin Drive and various private parcels on January 20, 2017. Damage from the storms includes but is not limited to the following:
Bluff failure on Ocean Boulevard (Caltrans purview)
Bluff failure at Memory Park (FEMA purview)
Franklin Avenue storm drain failure (FEMA purview)
City Hall storm damage (FEMA purview)
Bluff failure at Ebb Tide Park (FEMA purview)
Bluff failure at Cypress Street at Harloe Avenue (FEMA purview) Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park) (Caltrans Purview)
Storm drain failure at the end of Harbor View Avenue (FEMA purview) Slope/road failure on Price Canyon Road (Caltrans purview) 2 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=107586&dbid=0&repo=Laserfiche Council Agenda 6-21-2022 9.D-4
Staff took immediate cleanup and protective measures of the sites where possible and has been working with FEMA through the California Governor's Office of Emergency Services (CalOES) and FHWA through Caltrans for reimbursement for work and funds required to cleanup and secure the various sites. Staff attended a Recovery Scoping Meeting with FEMA on May 16, 2017 and a Damage Assessment Site Inspection Meeting with Caltrans on May 18, 2017. The application and approval process for cost recovery and permanent restoration at each site under FEMA purview is complete and checks have been issued based on FEMA scoping and estimated construction costs with a reimbursement of 93.75% FEMA/State and a 6.25% City match. Completed work for sites under FEMA purview includes removal of the fallen tree on the beach below Ebb Tide Park. It was anticipated that the actual cost of repairs at each site will exceed the amount approved and checks issued by FEMA. The City also filed insurance claims for each of these sites to potentially assist in completion of the repairs. After FEMA review, the following sites are deemed ineligible for federal aid as observed erosion and bluff failure was defined by FEMA representatives as naturally occurring over time:
Bluff failure at Memory Park
Bluff failure at Cypress Street at Harloe Avenue
Permanent restoration at these two sites will have to rely solely on insurance claim funding and/or grants that City staff is consistently in search of and pursuing.
The City has received all reimbursement checks from the State and Federal Emergency Management Agency (FEMA) for damages at various sites under FEMA purview during the 2017 storms totaling $101,833. The next step is for City staff to further evaluate each site, issue requests for proposals (RFPs) for engineering design and environmental services and/or pursue cost estimates from contractors for permanent restoration of these sites which include:
Franklin Avenue storm drain failure (FEMA purview)
City Hall storm damage (FEMA purview)
Bluff failure at Ebb Tide Park (FEMA purview)
Storm drain failure on the City’s outfall located adjacent to the Dolphin Bay Resort (FEMA purview)
Storm drain failure at the end of Harbor View Avenue (FEMA purview) Construction of repairs and drainage improvements to address leaking issues at the Fire Administration and Conference and Visitors portion of City Hall is complete.
The City received authorization from the Federal Highway Administration (FHWA) through the California Department of Transportation (Caltrans) for engineering design and environmental studies for the following three sites:
Bluff failure on Ocean Boulevard
Council Agenda 6-21-2022 9.D-5
Storm drain failure on Cliff Avenue at Ocean Boulevard (adjacent to Dinosaur Caves Park)
Slope/road failure on Price Canyon Road
Costs for these services are reimbursed at 88.53% by FHWA/Caltrans with an 11.47% City match. The environmental/design phase for both the Ocean Boulevard Improvement Project and the Price Canyon Road Slope Repair Project began by TerraCosta Consulting Group and Yeh and Associates, Inc., respectively in early 2019. Environmental, cultural resource and temporary access impacted the design schedule and City staff pursued one- year time extensions from Caltrans for each project which we were subsequently granted.
As discussed in the summary of current events, the consultant for the Ocean Boulevard Improvement Project provided 100% design plans for review which have been reviewed by staff from all applicable departments and final bid-set plans are being developed.
The City has included the permanent repair of all sites (both Caltrans and FEMA purview) damaged during the January 2017 storms in an insurance claim and has provided all required documentation to the insurance company. City staff was presented with a Partial Proof of Loss and Subrogation Agreement for the Morro stairs and storm drain outfall sites during a meeting with our insurance representative on February 15, 2019, and the City has received an initial payment in the amount of $504,324. This amount is based on the estimated cost of repair for the Morro Stairs and outfall. The City is currently waiting on a response from the City’s insurance representative on an initial payment amount that could be expected for all other sites. The City’s insurance representative has also indicated that the cost of engineering and environmental services for each site can be added to the total amount of the claim.
Staff is also pursuing a grant from the California Governor’s Office of Emergency Services (CalOES), through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program for stabilization of a portion of the bluff near the City’s lift station at the end of Harloe Street. The City submitted a full subapplication to CalOES on April 8, 2022.
FISCAL IMPACT:
There is no direct fiscal impact from this report.
COVID-19
Costs related to the COVID-19 emergency are continuing on an ongoing basis, and as such, a precise total is difficult to assess at the current time. Staff will continually update Council as appropriate on anticipated future costs and reduced revenues as a result of the emergency.
January 2017 Winter Storms
The cost of damage from the January 2017 storms is estimated to be between $3,000,000 and $6,000,000. Once the damage can be fully assessed, staff will be able to formulate a better cost estimate.
Council Agenda 6-21-2022 9.D-6
ALTERNATIVES:
None, for information only.
ATTACHMENTS:
None.
Prepared by: Meeting Date: June 21, 2022
Chad Stoehr, P.E., Engineer
Erica Inderlied, City Clerk
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 6-21-2022 9.D-7