HomeMy WebLinkAbout2007-05-08; City Council; Resolution 2007-1080 Q U-
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RESOLUTION NO. 2007-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, TERMINATING THE
EXISTENCE OF A LOCAL 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, the City Council has continuously reviewed and
reaffirmed on a regular basis, as required by State law, the need to continue the
local state of emergency; and
WHEREAS, said local emergency has been abated and there is no
need for the state of local emergency to continue for damage assessments,
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repairs and assessments and mitigation measures in order to prevent further
perilous damage and ensure the health and safety of the citizens of Carlsbad.
NOW, THEREFORE, IT IS PROCLAIMED THAT:
1. That the above recitations are true and correct.
2. The declaration of emergency is hereby terminated according
to State law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held on the st-.h day of May ,
2007 by the following vote, to wit:
AYES:Council Members Lewis, Kulcbin, Hall, Packard
and Nygaard
NOES:None
ABSENT: None
, Mayor
ATTEST:
CORRAJNE M. WOOD
City Clerk
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(j^ ^
Patchett, City Manager
' Carlsbad, California
EXHIBIT A
DECLARATION OF LOCAL EMKRCENCV
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
'V ralamily_ .-irul thi» rrtyj^niinrij i* nnt
WHEREAS, the Cily Manager of the City of Carlsbad, California does hereby
find:
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 7th 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 or
impairment of life, health , property, or essential public services, and are or arc likely to
be beyond the control of the services, personnel, equipment and facilities of the Cily of
Carlsbad; and
That these conditions did mil permit a delay resulting from a competitive
solicitation for-Mt^-and-thBt-the-aetion-ia-necessary to-TcspomHo"the ClncrecncyTana
Thai the City Council of the City of Carlsbad was not in session and could not
immediately be called into session.
NOW, TTIEREFORli. IT IS HliRED Y PROCLAIMED that a local emergency
now exists throughout the Cily of Carlsbad, California; and
IT IS i'UKTMi-R PROCLAIMED AND ORDERED ihal during the exislence 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: O /
" R. Palehell, City Manager
.'arlsbad, California
EXHIBIT B