HomeMy WebLinkAbout2005-04-05; City Council; 18054; Continuation of Declaration of Local EmergencyCITY OF CARLSBAD - AGENDA BILL
AB# 18,054
IITG. 4/5/05
TITLE: DEPT. HD.
CONTINUATION OF THE DECLARATION
OF LOCAL EMERGENCY CITY ATTY.
IEPT. CA
RECOMMENDED ACTION:
Adopt Resolution No. 2005-099 declaring a continued state of local emergency,
authorization to seek reimbursement from state and federal agencies.
CITY MGR.
ITEM EXPLANATION:
On March 15, 2005 the City Council adopted a Declaration of a Local Emergency recommended
by the City Manager due to the torrential rain and earth movement beginning January 7, 2005.
The Council received an update from staff on Friday, March 18, 2005. 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, the residential homes beneath Las
Olas Court, and the Jefferson Street damage adjacent to Buena Vista Lagoon. Staff is available
to answer any questions the Council may have on the measures taken to address this local
emergency and what future measures will be considered.
State law requires that the Council review the status of the local emergency at least every 21
days and extend it until it is terminated and there is no longer a need for emergency powers and
that the situation has resulted in conditions which are now deemed to be within the control of the
normal protective services, personnel, equipment and facilities of the City.
FISCAL IMPACT:
To date, the City has incurred costs for labor, equipment, material and contract services
expenses totaling $202,178.32 (attached Exhibit 1) and has appropriated $50,000 for the
emergency storm damage work. Staff is continuing to incur additional expenses for ongoing
emergency work. As a result, staff is also requesting an additional allocation of $200,000 to be
appropriated from the General Fund fund balance to the General Fund Disaster Preparedness
org key (001 9004) used to track disaster emergency expenditures.
The total 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.
EXHl BITS:
I. Document titled, “Emergency Projects, Summary of Completed Work.” 2. Resolution No. 2005-099
Department contact: Ronald R. Ball, 434-2891
EXHIBIT 1
Location
Citywide Roadway
Repairs
Aqua Hedionda
Pump Station;
4600 Carlsbad
Blvd.
EMERGENCY PROJECTS
SUMMARY OF COMPLETED WORK
AS OF 3/28/2005
Damage Work Completed
Holes in roads, mud across Pothole repair, minor mud
roads and sidewalks. clean up, storm patrol, etc.
The 30" corrugated storm Inserted PVC as liner for
drain pipe collapsed in the downstream corrugated
vicinity of two 45 degree metal pipe. Installed
bends in the pipe right next concrete box for storm drain
to the pump station. A clean-out. Topped box with
portion of the paved parking manhole cover.
area for the pump station fell
into the sink hole and this
hole became large enough
that it threatened the
sanitary sewer manhole and
Citywide Parks &
Trees
Laurel Tree Sewer
Easement; College
and PAR
nearby railroad.
La Costa @ Water line separated at Water Service. Contractor
Marbella coupling and at fire hydrant. extended and reconnected
Soil erosion and washouts, Removed tree and $16,948.0
scattered storm debris,
erosion of decomposed
granite on trails.
8" sewer line undermined by Secured sewer line with rip-
creek flows.
vegetation debris, laid
sandbags and waddles
around eroded areas,
disposed green waste.
rap, cleared debris from
creek.
$6,160.9
water line; reconnected
water service to hydrant.
Capped water line at east
end of the complex and on
west end of complex. City
crews installed new valve on
the hydrant near the
entrance road to the
complex.
Sewer Service. Owned by
Leucadia Wastewater
Authority. City using
contract services to conduct
Expense lncurrel
$1 06,906.4
$40,625.5
$31,537.2
I TOTAL EXPENSES TO DATE^ $202,178.3
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RESOLUTION NO. 2005-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALI FORN IA, PROCLAIM I NG 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 still need for the state of local emergency to continue 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:
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2.
That the above recitations are true and correct.
There is a need to continue the state of the local emergency
declared Tuesday, March 15, 2005, which need includes mitigation of property damage,
placement of erosion control devices and construction and placement of other devices.
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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.
6. Said emergency continues to exist until declared abated by order of
the City Manager and City Council.
7. 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.
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8. That the City Manager is hereby authorized to appropriate Two
Hundred Thousand Dollars ($200,000) to the General Fund Disaster Preparedness org
key used to track disaster emergency expenditures.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 5th day of APUL ,2005 by
the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard , Sigaf oose
NOES: None n
ABSENT: None
ATTEST:
LORWINE M. WWD
City Clerk
DECLARATION OF LOCAL EMERGENCY
IN ORDER TO IMMEDUTELY 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 ca-wd by torrential rain which began on the 7th day of Janua~~, 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. :
EXHIBIT A p1
7606028663 FINANCE DEPT CITY OF CARLSBAD 01 :41:66 p.m. 03-1 4-2006 1 I1
DECLARATION OF LOCAL EMERGENCY IN ORDER TO TMMEDTATELY PROCURE EQUIPMENT, SERVICES AND
SUPPLlEs
WHEREAS, the City Council of the City of Carlsbad cmpowcrs thc City
Manager to proclaim thc cxistcncc of a local emergency when said City is affected by a
. public: calamity and the CityCmwiLis not in session: and- -
WHEREAS. the City Manager of the City of Carlsbad, California docs hereby
fin&
Thal conditions of extrcrne peril to the safety of persons and propcrty havc ariscn within the City of Carlsbad causcd by torrential rain which began un the ? day of
January, 2005, and subsequent events of earth movement and dope instability: and,
That Ulae conditions created unexpected occurrences that pose a clcar and
imminent danger and rcquitcd immcdiatc action to prevent or mitigtlte &e loss or hpairmcnl of.lifie, health , propq, or essential public sefvices, and are or arc likely to
he beyond the control ofthe serviccs, PCCSOMC~, cquipmLmt and liacilities 01 the Cily of
Cxlsbad; and
'lbt thw conditions did not pemiit a delay resulting hin a competitive
solicitation Tor bib, and that the action is necessary to respond to thc ctncrgcncy; and
Thal lhe City Council of the City of Corlsbad was not in session and could not
immediately be called into scssion.
NOW, TTTERE:FOK& 1'1 IS WWl3Y PROCLAIMED that a local mergcncy
now exists throughout thc City oLCarlsbad, Califmia; and '
IT TS I'UK'1kLli.R PROCLAIMED AND ORDERED hat during the existence of
said local cmcrgmcy, the powers, bnctions, and duties of the emergency organization of
the City of Carlshad are those prcscribcd by statc law. by ordiniicer mmd resolulions or
the City of Carlsbad Emergency Plan.
By:
F.
I kted: 30. -5
EXHIBIT B 8