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Home My WebLink About2005-06-07; City Council; 18154; Continuation of Declaration of Local EmergencyAB# 18,154 MTG. 6/7/05 TITLE: CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY DEPT. CA DEPT. HD. CITY ATTY. (e CITY OF CARLSBAD - AGENDA BILL 18 RECOMMENDED ACTION: Adopt Resolution No. 2005 -1 80 authorization to seek reimbursement from state and federal agencies. declaring a continued state of local emergency, 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 Agua 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. The Council adopted Resolution No. 2005-099 at its meeting of Tuesday, April 5, 2005, adopted Resolution No. 2005-124 at its meeting of Tuesday, April 26, 2005, and adopted Resolution No. 2005-160 at its meeting of Tuesday, May 17, 2005 further continuing the existence of a local emergency even though the actual flooding has now ended but there is a continuing need for damage repairs, assessments and mitigation measures, erosion control measures and other measures to further prevent perilous damage and to ensure the health and safety of the citizens of Carlsbad 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. If Council deems it appropriate, staff will present a report on the scope of this emergency, the responses to it and the necessity and appropriateness of future response actions. FISCAL IMPACT: A total of $3,700,000 has been appropriated for emergency contract services for repair of various damaged public property within the City. This appropriation includes $1,950,000 for Rancho Santa Fe Road at Agua Duke Court, $900,000 for La Costa Avenue at Marbella, $300,000 for Jefferson Street, and $550,000 for all other projects including general debris cleanup. To date, the City has paid and/or encumbered a total of $955,834 for the emergency work. This leaves a remaining balance of $2,544,166 in available appropriations. . I Agenda Bill No. 18,154 Page 2 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 the amount of reimbursement, if received, from state and/or federal agencies. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. EXHIBITS: 1. Resolution No. 2005-180 Department contact: Ronald R. Ball, 434-2891 RESOLUTION NO. 2005-180 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 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 3 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, and further continued on May 17, 2005 by adoption of Resolution No. 2005- 160 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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, and further continued on May 17, 2005 by adoption of Resolution No. 2005-1 60 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. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 7 th day of June , 2005 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis fl ClAUDkh. LEwIS, Maker MATT HALL, Mayor Pro-Tem ATTEST: n $d-nAAs %dd,* LORRAINE 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 proclh the existence of a local emergency when said City is afEcted 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 dmger 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 Carisbad, 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 Cmlsbad, are those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency Plan. Dated: 7 EXHIBIT A c DECLARATION OF LOCAL EMERGENCY M ORDER TO IMMRDTA'I'ELY PROCURE EQUIPMENT, SERVICES AND SUPPLrE?s i WHEREAS, the City Council of the City of Carlsbad cmpowcrs the City * 1seSsiod Wtp4-t~~- . .. . Manager to proclaim thc cxistcncc of a local emergency when said City is affected by a .. WHF,REAS, the City Manager of the City of Carlsbad, California does hereby lind: Thid conditions of extreme peril to the safety of persons and propcrty haw ariscn within the City of clarlsbad causcd by torrential rain which began on the 7* day of January, 2005, and suhsequent events of earth movement and slope instability: aid, That these conditions created unexpected occurrences that pose a clear ,and iiiiininent danger and rcyuircd immcdiatc action to prevent or mitigate the loss or impairmcnl dlilie,, heal~h , propaty, or essential public seivices, and are or are likely to he beyond the control of the serviccs, pcrsomcl, cquipmcnt cand lacililies oL lhe City of Carlsbad; and That thcsc conditions did nor pennil a delay resulting fiom a competitive solicilalion Tor bids, and that the action is necessary to respond to thc cmcrgcncy; and -1 the City Council of the City of Carlsbad was not in session and could not immediately be called into scssion. NOW, TIIEREFOW, 1.1 IS HEMBY PROCLNMED that a local emergcncy now exists throughout thc Cily dctulsbad, Calihmia; and ' IT TS I~UK'lkll!K PROCLAIMED AND ORDERED that during the exisleiice of said local cmcrgency, the powers, functions, mid duties of the emergency organization of the Cily of Chrlsbad are those prcscribcd by statc law, by ordin,wces and resolutions ol' the City of Carlsbad Emergency Plan. 8 EXHIBIT B