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HomeMy WebLinkAbout2005-07-19; City Council; 18206; Continuation of Declaration of Local EmergencyCITY OF CARLSBAD -AGENDA BILL AB# 18,206 MTG. 7/19/05 DEPT. CNPW TITLE: - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY AND APPROPRIATING ADDITIONAL FUNDS RECOMMENDED ACTION: Adopt Resolution No. 2005 -225 declaring a continued state of local emergency, authorization to seek reimbursement from state and federal agencies and appropriating additional funds. 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, adopted Resolution No. 2005-160 at its meeting of Tuesday, May 17, 2005, adopted Resolution No. 2005-180 at its meeting of Tuesday, June 7, 2005, adopted Resolution No. 2005-210 at its meeting of June 28, 2005 further continuing the existence of a local emergency although the actual flooding has now ended. 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 Carls bad 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. \ Agenda Bill No. 18,206 Page 2 FISCAL IMPACT: 2005 STORM FUNDING . Approved by Additional Project Council .Appropriations Description to Date Required Total Agua Duke $ 1,950,000 1,950,000 $ 3,900,000 Marbella 1,200,000 1,200,000 Jefferson Street 300,000 300,000 Citywide 550,000 508,000 1,058,000 $ 4,000,000 2,458,000 $ 6,458,000 lTotal To date, a total of $4 million has been approved by the Council for emergency contract services for repair of various damaged public property within the City. Staff is requesting an additional $2.5 million from the General Fund fund balance to complete the storm work. At its meeting of May 17, 2005, the City Council approved $1,600,000 for citywide storm damage repairs. Based on existing funding requirements, staff allocated that amount as follows: Citywide Storm Damage Repair - Jefferson St. Roadway Repair - Rancho Santa Fe Rd. @ Agua Duke Slope Repair - $300,000 $300,000 $1,000,000 Combined with $950,000 in appropriations that were previously approved by Council, the total for the Agua Duke slope repair is $1,950,000 as listed in the chart above. The estimates for the Agua Duke project have increased to approximately $3.9 million at this time. This increase is due to a change in scope of work. Originally, it was anticipated that the slope repairs could be completed without the need for a temporary shoring system to stabilize the slide area; however, as the repair work has progressed, the actual field conditions have required the addition of the temporary shoring system. This resulted in a significant cost increase. As a result, staff is requesting an additional appropriation of $1,950,000 to fully fund all aspects of storm damage repairs at the Agua Duke site. In addition, the City is continuing to incur expenses related to other citywide sites damaged by the winter storms. Similar to the situation with Agua Duke, the rate at which expenses are being incurred for general repairs will soon deplete the $550,000 that was originally appropriated. Total repair costs for these other sites are estimated to be $1,058,000. Therefore, staff is requesting an additional appropriation of $508,000 to fully fund all repairs at these various sites. 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. 2 Agenda Bill No. 18,206 Page 3 ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. EXH IBlTS : 1. Resolution No. 2005-225 Department contact: Ronald R. Ball, 434-2891/Lloyd Hubbs, 602-2730 3 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 28 RESOLUTION NO. 2005-225 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 AND APPROPRI AT1 NG ADDITIONAL FUNDS. 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 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 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 28 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, continued on May 17, 2005 by adoption of Resolution No. 2005-160, continued on June 7, 2005 by adoption of Resolution No. 2005-180, and further continued on June 28, 2005 by adoption of Resolution No. 2005-210 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. 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 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 28 No. 2005-124, and further continued on May 17, 2005 by adoption of Resolution No. 2005-160, continued on June 7, 2005 by adoption of Resolution No. 2005-180 and further continued on June 28, 2005 by adoption of Resolution No. 2005-210 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. Said emergency continues to exist until declared abated by order of 6. the City Manager and City Council. 7. It is further ordered that the Emergency Preparation Coordinator forward a copy of this Resolution 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. 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 28 8. That the City Manager is hereby authorized to appropriate two million four hundred fifty-eight thousand dollars ($2,458,000) from the General Fund fund balance to cover the costs of current as well as future emergency repair work. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 19th day of July ,2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None LOmAlNE h4. WOOD City Clerk 7 DECLARATION OF LOCAL EMERGENCY IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVJCES AND SUPPLIES WHERAS, tbe City Council of the City of Carlsbad empowers the City Manager to pmctaim the existence of a local emergency when said City is af€ccted by a public calamity and the cjv Council is not in session; and WHEREAS, the City Manager of the City Carlsbad, California does hereby find: That conditions of extreme ped 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 unexpcted occurrences that posed a clear and imminent danger and required immediate action to prevent or mitigate the loss or impairment of life, health, prop-, or essentia1 public services, and are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City of CarJsbad; and That these conditions did not permit a delay resulting hm a competitive solicitation for bids, That the City Council of the City of Carlsbad was not in session and could not immediately and that the action is necessary to respond to the emergency; and 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 existerm of said Iocal 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: 8 EXHIBIT A DECLARATION OF LOCAL EMERGENCY I" hDER TO IMMEDTATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES L WHEREAS, the City Council of the City of Carlsbacl cmpowcrs thc City Manager to proclaim thc cxistcncc of a local emergency when said City is affected by a wHEREI\S. the City Manager of the City of Carlsbad, California does bcreby find: Thal conditions of extmnc peril to the safety of pcrsons and propcrty haw ariscn within the City of Carlsbad causcd by torrential rain which began on the 9 day of Janwy, 2005, and suhsquen t events of earth movenient and slope instability: and, That these conditions created unexpected occurrences that pose a clear and imrnincat danger and rcquircd immcdiatc action to prevenl OT mitigate the loss ur impairmcnl dIilk? hecrlrh , property, or esseiitial public seivices, and arc or arc liktly to he beyond the control of the scrviccs, pcrsoml, cquipmcnt and I'acilities oI' lhe Cily of Crulsbd; and That thcsc conditions did not pennil a delay resulting fhm a competitive solicitelion Tor bids, and that the oction is necessary to rcspotid to thc ctncrgcncy; and That the City Council of the City of Cnrlsbad was not in session and could not irnrncdiately be called into scssion. NOW, VIEREFOW. IT IS HlXLDY PROCLAIMED that a local emcrgmcy now exists throughout thc Cily of-CarIsbad, Calirornia; and ' IT IS I;UK'I'kU PROCLAIMED AND ORDERED lhrt during the existence of said locd cmcrgency, [he powers, functions, and duties of the emergency organization of the City of Cnrlshad are those prcscribcd by statc law, by ordin'wces ilnd resolutions or the City of Carlsbad Emergency Mm. By: -I=. Ilated: 3 / s/0.-5. EXHIBIT B