HomeMy WebLinkAbout2006-03-07; City Council; Resolution 2006-051I 8CD LU O)
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RESOLUTION NO. 2006-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE
OF A LOCAL EMERGENCY AND REQUESTING ASSISTANCE
AND CONCURRENCE FROM THE OFFICE OF EMERGENCY
SERVICES IN RESPONDING TO SUCH EMERGENCY
WHEREAS, the City Council declared a local state of emergency on
March 15, 2005 by Resolution No. 2005-077; and
WHEREAS, on March 8, 2005, the City Manager of the City of Carlsbad
proclaimed the existence of a local emergency due to the existence and continued and
threatened existence of a local emergency in Carlsbad resulting from the extreme rains
and earth movement; and
WHEREAS, on February 23, 2005, the City Manager had previously
declared a local emergency resulting from the conditions of extreme peril to safety of
persons and property which had arisen within the City of Carlsbad caused by the
torrential rain which began on the 7th of January, 2005; and
WHEREAS, in accordance with the laws of the State of California and the
laws of the City of Carlsbad, the City Council declares a state of local emergency exists
throughout Carlsbad; and
WHEREAS, the City Council does hereby ratify the proclamations of the
existence of a local emergency (attached as Exhibits A and B) declared by the City
Manager on February 23, 2005 and March 8, 2005; and
WHEREAS, said local emergency continues until the torrential rains and
resulting earth movement have abated; and
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WHEREAS, it is the intent of the City Council to seek the maximum aid,
comfort and restitution of its citizens who are victims of this calamity; and
WHEREAS, it is the intent of the City Council to do all things necessary to
effectuate this intent; and
WHEREAS, state law requires the City Council to review the need for
continuing the state of local emergency at least every 21 days pursuant to Government
Code section 8630(c)(2) and that the Council shall proclaim the termination of the local
emergency at the earliest possible date that conditions warrant; and
WHEREAS, the Council has received the necessary information and
update in order to evaluate the continuing need for a local state of emergency; and
WHEREAS, even though the actual flooding and extreme rains have now
stopped, there is need to continue the state of local emergency declared on March 15,
2005 by adoption of Resolution No. 2005-077, continued on April 5, 2005 by adoption
of Resolution No. 2005-099, continued on April 26, 2005 by adoption of Resolution No.
2005-124, continued on May 17, 2005 by adoption of Resolution No. 2005-160,
continued on June 7, 2005 by adoption of Resolution No. 2005-180, continued on June
28, 2005 by adoption of Resolution No. 2005-210, continued on July 19, 2005 by
adoption of Resolution No. 2005-225, continued on August 9, 2005 by adoption of
Resolution No. 2005-247, continued on September 6, 2005 adopted nunc pro tune
effective August 30, 2005 by adoption of Resolution No. 2005-276, continued on
September 20, 2005 by adoption of Resolution No. 2005-287, continued on October 18,
2005 by adoption of Resolution No. 2005-310, continued on November 8, 2005 by
adoption of Resolution No. 2005-327, continued on December 6, 2005 adopted nunc
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Q ° Q £RONALrY ATTORNEY -1200CARLSBAARLSBAD, CALI0 °
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pro tune effective November 22, 2005 by adoption of Resolution No. 2005-349,
continued on December 13, 2005 by adoption of Resolution No. 2005-372, continued
on January 10, 2006 adopted nunc pro tune effective January 3, 2006 by adoption of
Resolution No. 2006-005, continued on January 24, 2006 by adoption of Resolution No.
2006-014, and further continued on February 14, 2006 by adoption of Resolution No.
2006-035 requiring damage repairs, assessments and mitigation measures, erosion
control measures and other measures in order to prevent further perilous damage and
to ensure the health and safety of the citizens of Carlsbad; and
WHEREAS, the City of Carlsbad intends to file a notice of interest
regarding applying for federal and state disaster assistance in conjunction with the
Declaration of Local Emergency filed on March 15, 2005,
NOW, THEREFORE, IT IS PROCLAIMED THAT:
1. That the above recitations are true and correct.
2. There is a need to continue the state of the local emergency
declared Tuesday, March 15, 2005, by adoption of Resolution No. 2005-077, April 5,
2005 by adoption of Resolution No. 2005-099, April 26, 2005 by adoption of Resolution
No. 2005-124, May 17, 2005 by adoption of Resolution No. 2005-160, June 7, 2005 by
adoption of Resolution No. 2005-180, June 28, 2005 by adoption of Resolution No.
2005-210, July 19, 2005 by adoption of Resolution No. 2005-225, August 9, 2005 by
adoption of Resolution No. 2005-247, continued on September 6, 2005 adopted nunc
pro tune effective August 30, 2005 by adoption of Resolution No. 2005-276, continued
on September 20, 2005 by adoption of Resolution No. 2005-287, continued on October
18, 2005 by adoption of Resolution No. 2005-310, continued on November 8, 2005 by
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adoption of Resolution No. 2005-327, continued on December 6, 2005 adopted nunc
pro tune effective November 22, 2005 by adoption of Resolution No. 2005-349,
continued on December 13, 2005 by adoption of Resolution No. 2005-372, continued
on January 10, 2006 adopted nunc pro tune effective January 3, 2006 by adoption of
Resolution No. 2006-005, continued on January 24, 2006 by adoption of Resolution No.
2006-014, and further continued on February 14, 2006 by adoption of Resolution No.
2006-035 which need includes mitigation of property damage, placement of erosion
control devices and construction and placement of other devices.
3. The need for this continuing declaration shall be reviewed within 21
days in accordance with state law.
4. That the City civil defense and disaster council operating by and
through the emergency operations plan and the emergency operations committee are
authorized and directed to respond to this emergency by exercising their maximum
powers to the fullest extent of the law authorized under Chapter 6.04 of the Carlsbad
Municipal Code and the laws of the State of California as appropriate.
5. That the City Manager or his designee is authorized and directed to
complete and file all appropriate forms and documents necessary to abate the
emergency and to obtain the maximum cooperation and assistance both financial and
otherwise in responding to this emergency in order to protect the health, safety and
welfare of the citizens of Carlsbad and the rules requiring notice and advertisement of
bidding for such contracts shall likewise be suspended during the term of the
emergency.
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6. Said emergency continues to exist until declared abated by order of
the City Manager and City Council.
7. It is further ordered that the Emergency Preparation Coordinator
forward a copy of this Resolution to the State Director of the Office of Emergency
Services with a request that it find it acceptable in accordance with the provisions of the
Natural Assistance Act, the Emergency Response and Services Provisions of the
Government Code of the State of California and such other applicable provisions of the
laws of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 7th day of March , 2006 by
the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST
City
1
DECLARATION OF LOCAL EMERGENCY
IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES
WHERAS, the City Council of the City of Carlsbad empowers the City Manager to proclaim
the existence of a local emergency when said City is affected by a public calamity and the City
Council is not in session; and
WHEREAS, the City Manager of the City Carlsbad, California does hereby find:
That conditions of extreme peril to the safety of persons and property have arisen within the
City of Carlsbad caused by torrential rain which began on the 7th day of January, 2005; and
That these conditions created unexpected occurrences that posed a clear and imminent danger
and required immediate action to prevent or mitigate the loss or impairment of life, health, property,
or essential public services, and are or are likely to be beyond the control of the services, personnel,
equipment and facilities of the City of Carlsbad; and
That these conditions did not permit a delay resulting from a competitive solicitation for bids,
and that the action is necessary to respond to the emergency; and
That the City Council of the City of Carlsbad was not in session and could not immediately
be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists
throughout the City of Carlsbad, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local
emergency, the powers, functions and duties of the emergency organization of the City of Carlsbad,
are those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency
Plan.
Dated: February 23, 20(|
Rayrn^tad R. Patchett, City Manager
City of Carlsbad, California
EXHIBIT A
DECLARATION OF LOCAL EMKRGJEJSCV
IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND
SUPPLIES
WHEREAS, the City Council of the City of .Carlsbad empowers the City
Manager to proclaim the existence of a local emergency when said City is affected by <
m*ViT»* ••^•f»4wni1v *mrl th» fS-frv f~Vninr.il ic nrrt in cf^ccirm" anrl
find:
;iTul thp rity_C-QynciJ.is nQt.inrSessjLon'.nnft-
WHEREAS, the Cily Manager of the City of Carlsbad. California docs hereby
Thai conditions of extreme peril to the safety of persons and property have arisen
within the City of Carlsbad caused by torrential rain which began on the 7* day of
January, 2005, and subsequent events of earth movement and slope instability: and.
That these conditions created unexpected occurrences that pose a clear and
imminent danger and required immediate action to prevent or mitigate the loss ur
impairment of life, health , property, or essential public services, and are or are likely to
he beyond the control of the services, personnel, equipment and facilities of the Cily of
Carlsbad; and
That these conditions did noi permit a delay resulting from a competitive
solicitation for-Bids^-and-that-thc-action-is-nccessary torespaiHJtffthc emergency^ and
Thai the City Council of the City of Carlsbad was not in session and could not
immediately be called into session.
NOW, T7 IHREFORli, IT IS HIiREB Y PROCLAIMED that a local emergency
now exists throughout the Cily of Carlsbad, California; and
IT IS 1-URTHliR PROCLAIMED AND ORDERED ihal during the existence of
said local emergency, Ihe powers, functions, and duties of the emergency organization of
the City of Carlsbad are those prescribed by state law, by ordinances and resolutions of
the City of Carlsbad Emergency Plan.
Dated: 3/ 3/&
/d R. Palchett, Cily Manager
Carlsbad. California
EXHIBIT B