HomeMy WebLinkAbout2006-03-07; City Council; Resolution 2006-0531 RESOLUTION NO. 2006-053
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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A LOCAL EMERGENCY.
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WHEREAS, on March 2, 2006, the City Manager of the City of Carlsbad proclaimed the
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existence of a local emergency pursuant to Carlsbad Municipal Code Sections 6.04.100 and
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3.28.130 due to potential flooding conditions that create the potential for a clear and imminent
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CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE OF
danger of loss or impairment of life, health, property or essential public services, and is likely to
require resources beyond the services, personnel, equipment and facilities of the City of Carlsbad;
and
WHEREAS, the storm of January 2005 created flows in Agua Hedionda Creek that
crested within a foot of the soffit of the El Camino Real bridge; and
WHEREAS, El Camino Real is classified as a regionally significant arterial roadway
carrying over 50,000 vehicles per day; and,
WHEREAS, the El Camino Real roadbed carries numerous major utilities including a
regional high pressure fuel line; and,
WHEREAS, the Agua Hedionda Creek flood control channel through the Rancho Carlsbad
community has severely reduced capacity to carry floodwaters due to sediment deposits of 4 to 6
feet; and,
WHEREAS, a major storm event under current conditions would result in damages to
surrounding structures and contents conservatively estimated at $10 to $20 million; and,
WHEREAS, rising floodwaters from even a moderately flood would be potentially
devastating to the residents of the Ranch Carlsbad "seniors only" community; and,
WHEREAS, these conditions create the potential of extreme peril to the safety of persons
and property within Carlsbad; and,
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WHEREAS, in accordance with the laws of the State of California and the laws of the
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City of Carlsbad, the City Council declares a state of local emergency exists within and along the
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WHEREAS, the City Council does hereby ratify the proclamations of the existence of
a local emergency (attached as Exhibit A) declared by the City Manager on March 2, 2006; and
WHEREAS, said local emergency continues until the sediments are dredged from the
Agua Hedionda and Calavera Creek channels; 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 potential victims of this calamity; and
WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
intent,
NOW, THEREFORE, IT IS PROCLAIMED THAT:
1. That the above recitations are true and correct.
2. A local emergency now exists throughout Carlsbad.
3. Said emergency continues to exist until declared abated by order of the City
Manager and City Council.
4. That the City Council hereby ratifies and approves the construction contract with
Marathon Construction and the License Agreement with McMillin Homes.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 7th day of March , 2006 by the following vote, to wit:
Council Members Lewis_, Hall, Kulchin, Packard, Sigafoose
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WOOD, City "Clerk (SEAL)
DECLARATION OF LOCAL EMERGENCY
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 a public calamity and
the City Council is not in session; and
WHEREAS, the City Manager of the City of Carlsbad, California does hereby find:
That the storms of January 2005 created flows in Agua Hedionda Creek that crested
within a foot of the soffit of the El Camino Real bridge; and
That El Camino Real is classified as a regionally significant arterial roadway carrying
over 50,000 vehicles per day; and
That the El Camino Real roadbed carries numerous major utilities including a regional
high pressure fuel line; and
That the Agua Hedionda Creek flood control channel through the Rancho Carlsbad
community has a severely reduced capacity to carry floodwaters due to sediment deposits of 4 to
6 feet; and
That a major storm under current conditions would result in damages to surrounding
structures and contents conservatively estimated at $10 to $20 million; and
That a rising floodwaters from even a moderate flood would be potentially devastating to
the residents of the Rancho Carlsbad "seniors only" community; and
That these conditions create the potential of extreme peril to the safety of persons and
property within the City of Carlsbad; and
That immediate action is required to mitigate the conditions creating the potential for a
clear and imminent danger of loss or impairment of life, health, property or essential public
services, and is likely to require resources beyond the services, personnel, equipment and
facilities of the City of Carlsbad; and
That these conditions do 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 in the area surrounding the Agua Hedionda Creek Channel between Cannon Road and
Rancho Carlsbad Drive in 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: 3. -Ef.
RaymQnd~R. Patchett, City Manager
City of Carlsbad, California