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HomeMy WebLinkAbout2005-08-09; City Council; 18235; Continuation of Declaration of Local EmergencyCITY OF CARLSBAD - AGENDA BILL 4B# 18,235 HTG. 08/09/05 IEPT. PW 3 TITLE: - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY Adopt Resolution No. 2005 -247 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, adopted Resolution No. 2005-1 60 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, and adopted Resolution No. 2005-225 at its meeting of Tuesday, July 19, 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. I Page 2 of Agenda Bill No. 18.235 Approved Project by Council Appropriated Additional Description To Date To Date Appropriation Agua Duke $ 3,900,000 3,900,000 Marbella 1,200,000 900,000 300,000 Jefferson St 300,000 300,000 FISCAL IMPACT: Expenses As of Remaining 06/30/2005 Balance 90821 7 2,991,783 18994 1,181,006 183207 1 16,793 Citywide 1,058,000 1,058,000 I 584252 473,748 Total $ 6,458,000 6,158,000 300,000 I 1,694,670 4,763,330 I A total of $6,458,000 has been approved by the Council for emergency repairs of various damaged public property within the City; however, only $6,158,000 has been appropriated to date. The remaining $300,000, which was authorized on June 14, 2005 and was designated for the Marbella project, was not appropriated because there were not sufficient funds remaining in the Council Contingency account. Staff is now requesting that the $300,000 be appropriated from the General Fund balance. As of June 30, 2005, $1.7 million has been spent on storm-related projects leaving a balance of $4.8 million for the remaining repair work. Prior to the conclusion of the emergency, the Council will be presented with a full accounting of the costs including all material, labor, regular and professional services, and the amount of reimbursement, if received, from the state and/or federal agencies. 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. 2005-247 DEPARTMENT CONTACT: Ronald R. Ball, 434-2891/Lloyd Hubbs, 602-2730 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 I EXH l BIT RESOLUTION NO. 2005-247 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 voclaimed 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 leclared a local emergency resulting from the conditions of extreme peril to safety of Dersons and property which had arisen within the City of Carlsbad caused by the lorrential rain which began on the 7'h of January, 2005; and WHEREAS, in accordance with the laws of the State of California and the aws of the City of Carlsbad, the City Council declares a state of local emergency exists :hroughout Carlsbad; and WHEREAS, the City Council does hereby ratify the proclamations of the 3xistence 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 .esulting earth movement have abated; and WHEREAS, it is the intent of the City Council to seek the maximum aid, :omfort and restitution of its citizens who are victims of this calamity; and 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 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, continued on June 28, 2005 by adoption of Resolution No. 2005-210, and further continued on July 19, 2005 by adoption of Resolution No. 2005-225 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; and WHEREAS, the Council has approved $6,458,000 to date and only $6,158,000 has been appropriated because of insufficient 2004-05 contingency funds. 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 28 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. 2005-160, continued on June 7, 2005 by adoption of Resolution No. 2005-180 continued on June 28, 2005 by adoption of Resolution No. 2005-210, and further continued on July 19, 2005 by adoption of Resolution No. 2005-225 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 5 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 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. 8. That the Finance Director is authorized' to appropriate $300,000 from the General Fund balance for the Marbella project. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 9th day of AUGUST ,2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ATTEST: (SEAL) DECLARATION OF LOCAL EMERGENCY uy ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES WHERAS, the City Council of the City of Carlsbad empowers the City Manager to Proclaim he existence of a local emergency when said City is affected by a public calamity and fie 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 unexpected occurrences that posed a clear and imminent dag, ad required immediate action to prevent or mitigate the loss or impahment of life, health, prop-, 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 Carlsbd; and That these conditions did not permit a delay resulting fiom 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 existerse of said local emergency, the powers, hctions and duties of the emergency organkation of the City of CEidsbad, me those prescribed by state law, by ordinances and resolutions of the City of Carisbad Emergency P1aI.I. Dated: EXHIBIT A .. 8 ? .. DECLARATION OF LOCAL EIMEHG'ENCY IN ORDER TO IMMEDJA'I'ELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES c WHEREAS, the City Council ofthe City of Carlsbad cmpowcrs thc City Manager to proclaim tbc cxistcncc of a local emergency when soid City is affected by a "JXEAS. (he City Manager of the City of Carlsbad, California does hereby find: Thai conditions of extreme peril to the safety of pcrsons and propcrty hvc ariscn within the City of Carlsbad causcd by torrential rain which began on the 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 rcquircd immcdiatc action to prevenl or mitigate the loss or irnpairrncni 01. Mi,, haiilth , property, or essential public scivices, and arc or are likcIy to be beyond the control of the serviccs, pcrsonnd, cqujpnxmt and I'acilities OL Ihe Cily or Ciulsbad; and 'Ihat thcsc conditions did nor pemiit a delay resulting froin a competitive so1icitah-1 Tor bids, and that the action is necessary to resporid to thc ctncrgcncy; and That the Cily Council of the City of Corlsbad was not in session and could not immediately be called into scssion. NOW, TIIEHEFOW. 1'1 IS WUDY PROCLNMED that a local cmcrgmcy now exists throughout thc City ol-carlsbad, Calihmia; and ' fT IS f;UK'I'kfiK YROCLNMED AND ORDERED Lhrrl during !he exisltnlce of said local cmcrgency. the powers, functions, and duties of the emergency organization of [he City of Carlsbad are those prcscribcd by statc law, by ordinnnces and resol~ihns of the City of Carlsbad Emergency Plan. By: FL Ilated- 3 ,/ a/o -5. EXHIBIT B