City Council

1. Consideration and possible action to consider declaring a local emergency and/or adopting an urgency ordinance prohibiting new construction within one or more of the various landslides within the greater Portuguese Bend Landslide Complex. (Wynder) (15 mins) Recommendation: 1. Consider the "pros and cons" prepared by the Office of the City Attorney regarding whether to adopt a declaration of local emergency pursuant to Government Code §§ 8630 et seq., within one or more specific areas within the greater Portuguese Bend Landslide Complex together with the necessary findings "conditions that threaten life, property, public order, or public safety"; 2. If warranted, adopt Resolution No. 2023-__ adopting a declaration, pursuant to Public Resources Code §§ 21080 et seq. and California Environmental Quality Act (CEQA) Guidelines §§ 15269, 15300.2(d), and 15301(d), that the exemptions from CEQA for actions to mitigate an emergency apply to the City's actions because emergency conditions exist within (1) the greater Portuguese Bend Landslide Complex, and/or (2) the Abalone Cove Landslide, and/or (3) Klondike Canyon Landslide, or all of the above, together with the necessary findings that "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services" and "including soil or geologic movements" requiring immediate remediation; 3. If warranted, and in addition or in the alternative, adopt, by a four-fifths vote of the entire City Council, Interim Urgency Ordinance No. U___, pursuant to Government Code §§ 36937 and 65858 for the immediate preservation of the public peace, health, and safety, prohibiting new construction within one or more of the various landslides, excepting therefrom actions necessary to prevent or mitigate loss of, or damage to, life, health, property, or essential public services" and "including soil or geologic movements" requiring immediate remedial action; and, 4. Direct Staff to provide support services to the Abalone Cove Landslide Abatement District (ACLAD) and the Klondike Canyon Landslide Abatement District (KCLAD) which have the statutory authority and responsibility to address the landslide(s) occurring within their geographic boundaries to address the accelerating land movement, to expedite needed remedial actions. Agenda Report