City Council

1. Consideration and possible action to consider declaring a local emergency\nand/or adopting an urgency ordinance prohibiting new construction within one\nor more of the various landslides within the greater Portuguese Bend\nLandslide Complex. (Wynder) (15 mins)\nRecommendation: 1. Consider the "pros and cons" prepared by the Office of\nthe City Attorney regarding whether to adopt a declaration of local emergency\npursuant to Government Code §§ 8630 et seq., within one or more specific\nareas within the greater Portuguese Bend Landslide Complex together with\nthe necessary findings "conditions that threaten life, property, public order, or\npublic safety"; 2. If warranted, adopt Resolution No. 2023-__ adopting a\ndeclaration, pursuant to Public Resources Code §§ 21080 et seq. and\nCalifornia Environmental Quality Act (CEQA) Guidelines §§ 15269,\n15300.2(d), and 15301(d), that the exemptions from CEQA for actions to\nmitigate an emergency apply to the City's actions because emergency\nconditions exist within (1) the greater Portuguese Bend Landslide Complex,\nand/or (2) the Abalone Cove Landslide, and/or (3) Klondike Canyon Landslide,\nor all of the above, together with the necessary findings that "a sudden,\nunexpected occurrence, involving a clear and imminent danger, demanding\nimmediate action to prevent or mitigate loss of, or damage to, life, health,\nproperty, or essential public services" and "including soil or geologic\nmovements" requiring immediate remediation; 3. If warranted, and in addition\nor in the alternative, adopt, by a four-fifths vote of the entire City Council,\nInterim Urgency Ordinance No. U___, pursuant to Government Code §§\n36937 and 65858 for the immediate preservation of the public peace, health,\nand safety, prohibiting new construction within one or more of the various\nlandslides, excepting therefrom actions necessary to prevent or mitigate loss\nof, or damage to, life, health, property, or essential public services" and\n"including soil or geologic movements" requiring immediate remedial action;\nand, 4. Direct Staff to provide support services to the Abalone Cove Landslide\nAbatement District (ACLAD) and the Klondike Canyon Landslide Abatement\nDistrict (KCLAD) which have the statutory authority and responsibility to\naddress the landslide(s) occurring within their geographic boundaries to\naddress the accelerating land movement, to expedite needed remedial\nactions.\nAgenda Report