PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.D
Meetin Date: u ust 4, 2026
TITLE:
Ratification of July 28, 2026 Emergency Proclamation, and Update on January 9, 2023 and January 12, 2017 Emergency Proclamations
RECOMMENDATION:
1. Adopt a Resolution ratifying and confirming actions by the Director of Emergency Services/City Manager during the existence of a local emergency, and proclaiming the continued existence of a local emergency;
2. Review the need for continuing currently active local emergency proclamations;
3. Provide direction to staff if desired.
DISCUSSION:
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 the City. The declaration is an acknowledgement of the need for additional resources and expedited procedures to deal with the emergency. The Director of Emergency Services’ declaration is subject to City Council ratification within seven days, in accordance with Government Code Section 8630(b).
Ratification of July 28, 2026 Proclamation: Storm Drain Failures The Emergency Services Director/City Manager issued a Proclamation declaring a local emergency on July 28, 2026, in response to the development of two sudden sinkholes located within City roadways. On June 18, 2026, staff became aware of what appeared to be a pothole on James Way at Capanna Street. Further investigation revealed a sinkhole measuring approximately 12 feet by 8 feet by 6 feet deep. Video investigation determined that this was the result of a failed corrugated metal pipe (CMP) storm drain.
The City Manager authorized staff to enter into an emergency contract to make repairs to protect public safety and prevent the road from failing. R. Baker, Inc. (R. Baker) was able to begin work the next day. By June 22, 2026, the site had been excavated enough to expose the pipe at a depth of 11 feet and assess the extent of the failure which was approximately 20 to 30 feet in length. A replacement pipe was ordered, and R. Baker has been working on excavation, shoring and replacement of the failed pipe section. At the time of writing this report, work is nearing completion.
On July 27, 2026, a new sinkhole appeared on Shell Beach Road at Encanto Avenue.
Staff were able to partially assess the extent of the affected area by probing and placed a steel plate over the sinkhole for the night. The next day, staff performed a video inspection of the CMP beneath the area of the sinkhole and determined that the sinkhole was caused by severe deterioration of a CMP that carries storm water from the east to the west side of Shell Beach Road. The City contacted two contractors and R. Baker was Council Agenda 8-4-2026 9.D-1
available to respond immediately. The City Manager authorized staff to enter into an emergency contract to make repairs to protect public safety and prevent the road from failing.
When work on these two projects is complete and the exact cost is known, staff will return to the Council for retroactively awarding the contracts to R. Baker.
Update on Other Currently Active Emergency Declarations Currently active Emergency Declarations are those ratified by Resolution R-2023-001 on January 11, 2023, relating to winter storm damage, and by Resolution R-2017-012 on January 17, 2017, relating to winter storm damage. In accordance with Government Code Section 8630, the City Council is required to review the need for continuing the local emergency at least once every 60 days until the emergency is terminated. The following status report is provided for the Council’s information. No action is recommended, but direction may be given to staff if desired.
January 11, 2023 Proclamation: Winter Storms
The City Council declared a state of emergency on January 11, 2023, via Resolution R- 2023-0011, ratifying the Emergency Services Director’s proclamation of a local emergency in response to the January 2023 winter storms. On January 9, 2023, the County of San Luis Obispo declared an emergency which was followed by a declaration by Governor Newsom for the region. On January 14, 2023 President Biden approved a major disaster declaration for the January storms, making federal disaster aid available.
The storms, which began the first week of January, took a toll on the community, causing conditions of peril to the safety of persons and property due to flooding, bluff erosion, strong winds and other storm related damages.
Summary of Current Events
The Pier Avenue Storm Drain Outfall site has been approved by the Federal Emergency Management Agency (FEMA) for a permanent repair project to replace the outfall pipe that was washed away during the storm. A Coastal Development Permit is required to comply with FEMA environmental monitoring requirements and will be presented to Planning Commission on July 28, 2026. The project is currently being advertised for construction bids and a construction contract is anticipated to be presented for approval at the September 1, 2026 Council meeting.
January 12, 2017 Proclamation: Winter Storms
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, 2017 and March 16, 2017 the President 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 1 Full URL:
https://portal.laserfiche.com/Portal/DocView.aspx?id=459337&repo=r-f36a9aa0 2 Full URL: https://portal.laserfiche.com/Portal/DocView.aspx?id=107586&repo=r-f36a9aa0 Council Agenda 8-4-2026 9.D-2
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.
Summary of Current Events
The Cliff/Ocean Storm Drain project’s “Advanced Construction” funding was converted to federal funds on April 8, 2026 and is now available for reimbursement. An agreement for CM services was approved in March 2026. Three construction bids were received on July 9, 2026, and the construction contract is being considered for award under a separate report at this meeting.
FISCAL IMPACT:
There is no direct fiscal impact from this report.
January 2023 Winter Storms
The cost of damage from the January 2023 storms is estimated to be about $26 million.
January 2017 Winter Storms
The cost of damage from the January 2017 storms is approximately $12 million.
July 2026 Storm Drain Failures
The cost of damage from the James Way sinkhole is estimated at $250,000 and the cost of damage from the Shell Beach Road sinkhole is $125,000 as of the writing of this report.
When work on these two projects is complete and the exact cost is known, staff will return to the Council for retroactively awarding the contracts to R. Baker, at which time any required budget adjustments will be made.
ATTACHMENTS:
1. Resolution: Ratification of July 28, 2026 Emergency Declaration
2. Emergency Services Director’s July 28, 2026 Proclamation of Local Emergency Prepared by: Erin Olsen, Senior Management Analyst
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 8-4-2026 9.D-3
RESOLUTION NO. R-2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA RATIFYING AND CONFIRMING ACTIONS BY THE DIRECTOR OF
EMERGENCY SERVICES/CITY MANAGER DURING THE EXISTENCE OF A LOCAL
EMERGENCY, AND PROCLAIMING THE CONTINUED EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, conditions of peril to the safety of persons and property have arisen within the City of Pismo Beach, due to the failure of aging and corroded storm drain pipe, which allowed stormwater to escape and undermine the roadway of James Way at Capanna Street, and the roadway of Shell Beach Road at Encanto Avenue, resulting in a sudden sinkhole within the travel lane; and
WHEREAS, when the existence of these conditions came to the attention of the City, the City Council was not in session at that time and could not immediately be called into session; and
WHEREAS, Chapter 2.32 of the City of Pismo Beach Municipal Code empowers the Director of Emergency Services/City Manager of the City of Pismo Beach to proclaim the existence of a local emergency, pursuant to Government Code Section 8630 et seq., when the 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 Pismo Beach did proclaim the existence of a local emergency within the City of Pismo Beach on July 28, 2026; and WHEREAS, the Director’s Proclamation of Local Emergency must be ratified by the City Council within seven days of being issued, pursuant to Government Code Section 8630(b); and
WHEREAS, Government Code §8630 provides that the City Council of the City of Pismo Beach may proclaim the existence of a local emergency as defined by Government Code §8558(c).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby ratifies and confirms the proclamation of local emergency on July 28, 2026 by the City Manager, acting in the City Manager’s capacity as Director of Emergency Services.
BE IT FURTHER RESOLVED by the City Council of the City of Pismo Beach that a local emergency continues to exist throughout the city, and during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, by ordinances and resolutions of this City, and by the approved emergency plans of the City of Pismo Beach.
Council Agenda 8-4-2026 9.D-4
Attachment 1
BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council, and the City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
BE IT FINALLY RESOLVED that the City Council of the City of Pismo Beach shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 4th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Pismo Beach on _______________________.
________________________
Erica Inderlied, City Clerk
Council Agenda 8-4-2026 9.D-5
Attachment 1
A PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF PISMO BEACH, CALIFORNIA
DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Chapter 2.32 of the City of Pismo Beach Municipal Code empowers the Director of Emergency Services/City Manager (“Director”) of the City of Pismo Beach to proclaim the existence of a local emergency, pursuant to California Government Code Section 8630 et seq., when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, the Director finds that conditions of extreme peril to the safety of persons and property have arisen within the City of Pismo Beach, as a result of the failure of an aging and corroded storm drain pipe, which allowed stormwater to escape and undermine the roadway of James Way at Capanna Street, resulting in a sudden sinkhole within the travel lane commencing on or about June 18, 2026 at 4:00 p.m., necessitating the proclamation of the existence of a local emergency within the City of Pismo Beach; and
WHEREAS, on or about Monday, July 27, 2026 at 2:00 p.m. a second location exhibiting similar roadway undermining and sinkhole conditions caused by aging and corroded storm drain infrastructure was discovered on Shell Beach Road at Encanto Avenue; and WHEREAS, the City Council is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency shall be ratified by the City Council within seven days of being issued, pursuant to Government Code Section 8630(b); and WHEREAS, the City Council shall review the need for continuing the local emergency at least once every 60 days; and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant, pursuant to Government Code Sections 8630(c) and (d).
NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services of the City of Pismo Beach as follows:
1.That the foregoing recitals are hereby incorporated as findings of fact;
2. That a local emergency exists throughout the city, as more particularly described in the above recitals;
3. That said emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; and
4. 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, ordinances, and resolutions of the City, and by City of Pismo Beach Emergency Plans.
Dated ___________________________
___________________________________
Jorge E. Garcia, City Manager
Emergency Services Director
Docusign Envelope ID: F477D32E-A996-8D84-82B1-4B50DE7E3CEC 7/28/2026
Council Agenda 8-4-2026 9.D-6
Attachment 2