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HomeMy WebLinkAbout2005-03-15; City Council; 18029; Declaration of Local EmergencyCITY OF CARLSBAD -AGENDA BILL B# 18,029 ITG. 3/15/05 EPT. CA RECOMMENDED ACTION: Add discussion and consideration of the Declaration of a Local Emergency pursuant to Government Code section 54956.5 of the Brown Act and adopt Resolution No. 2005-077 . ITEM EXPLANATION: Over this past weekend storm damage, primarily in the form of earth movement, continued to occur in several locations throughout the City resulting in the Declaration of a Local Emergency by the City Manager. The areas affected by storm damage and continued earth movement included the Marbella condominium project, the residential homes beneath the slope on Aqua Duke Court, and the residential homes beneath Las Olas Court. Staff will present an update to the Council on the measures taken to address this local emergency and what future measures will be considered. FISCAL IMPACT: The costs to respond to the local emergency are unknown at this time. However, prior to the conclusion of the emergency, the Council will be presented with a full accounting of all costs including all material, labor, regular and professional services and, if the state and/or federal government also declares a state of emergency, the amount of reimbursement from those entities. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. EXHIBITS: Resolution No. 2005-077 Department contact: Ronald R. Ball, 434-2891 RESOLUTION NO. 2005-077 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, 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 7'h 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 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 1 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. 2. 3. That the above recitations are true and correct. A local emergency now exists throughout Carlsbad. 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. 4. 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. 5. Said emergency continues to exist until declared abated by order of the City Manager and City Council. 6. It is further ordered that a copy of this Resolution be forwarded 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. 2 PASSED, APPROVED AND ADOPTED at an emergency meeting of the City Council of the City of Carlsbad pursuant to Government Code section 54956.5 held on the day of March , 2005 by the following vote, to wit: AYES: NOES: None Council Members Lewis, Hall, Kulchin, Packard, Sigafoose ATTEST: 3 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: I 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, hctions 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. City o’f’ Carlsbad, California EXHIBIT A 7606028553 FINANCE DEPT CITY OF CARLSBAD 01 :41:56 p.m. 03-14-2005 1 /I DECLARATION OF LOCAL EMISKGENCY TN ORDER TO TMMlIDTATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES WHEREAS, the City Council of the City of Carlsbad cmpowcrs the City Manager to proclaim thc cxistcncc oTa local emergency when said City is affected by a public: calmily and the CityCkwzciL is not in session: and ~~ ~~ WHEREAS, lhe City Manager of the City of Carlsbad, California does hereby lind: That conditions of extreme peril to the safety of persons and propcrty haw ariscn within the City of Carlsbad causcd by torrential rain which began on the 7"' day of January, 2005, md stthsequent events of earth movement and slope instability: aid, Thai lhese conditions created unexpected occurrences that pose a clear aid imminent danger and rcquircd immcdiatc action to prevent OT mitigate lhe loss or impairmcnl of-lik? health property, or essential public sei-vices, and are or are likely to he beyond the control of the serviccs, pcrsonncl, cquipmcnt facilities ol 1he Cily of Cilrlsbad; and That thcsc conditions did not pernit a delay resulting from a competitive solicitation Tor bids, and that the action is necessary to respond to thc cmcrgcncy; and That lhe City Coimcil of the City of Carlsbad was not in session and could not immediately be called into scssion. NOW, TTTEl"E:FOKE, 1'1 IS HIiWI3Y PROCLAIMED that a local cmcrgcncy now exists throughout thc Cily oT Carlsbad, California; and TT TS l~UKlklliK PROCLAIMED AND ORDERED lhal during the existence of said locd cmcrgmcy, the powers, hnctions, and duties of the emergency organization of the City of Chrlsbad are those prcscribcd by statc law, by ordhnces and resolutions or the City of Carlsbad Emergency Plan. ~ .ni# R. patch&, City Manager fjhy o larlsbad, California EXHIBIT B March 14,2005 TO: City Clerk FROM: City Attorney AGENDA BILL RE: DECLARATION OF LOCAL EMERGENCY Attached is the above referenced agenda bill. Please post it and notify the newspapers. RONALD R. BALL City Attorney attachment