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HomeMy WebLinkAbout2005-10-18; City Council; 18313; Continuation of Declaration of Local EmergencyCITY OF CARLSBAD - AGENDA BILL TITLE: CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY AB# 18,313 MTG. 10/18/05 DEPT. HD. CITY AlTY. DEPT. CA CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2005-310 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 has adopted various resolutions continuing the existence of a local emergency since the initial declaration on March 15, 2005 even though the actual flooding has now ended. There continues to be a need for damage repairs, assessments, 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: I 2005 S I Expenses Project Appropriated As of Remaining Description To Date 09/30/2005 Balance Agua Duke $ 3,900,000 $ 1,509,823 $ 2,390,177 Marbella 1,200,000 97,341 1,102,659 Jefferson St 300,000 186,318 11 3,682 Citywide Total 1,058,000 812,731 245,269 $ 6,458,000 $ 2,606,213 $ 3,851,787 Page 2 of Agenda Bill No. 18,313 A total of $6,458,000 has been approved by the Council for emergency repairs of various damaged public property within the City. As of September 30, 2005, $ 2.6 million has been spent on storm-related projects leaving a balance of $ 3.9 million for the remaining repair work. Because work to replace and/or repair damaged public infrastructures related to the winter rainstorms continues, staff still has a need to procure additional equipment, material and personnel assistance on an emergency basis. 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. 200531 0 DEPARTMENT CONTACT: Ronald R. Ball, 434-2891 a RESOLUTION NO. 2005310 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 City Council did not meet on August 30, 2005 as there was no quorum present and the next available City Council meeting date was September 6, 2005 and the matter was immediately taken up, this resolution is adopted nunc pro tunc effective as of August 30,2005; 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, continued on July 19, 2005 by adoption of Resolution No. 2005-225, continued on August 9, 2005 by adoption of Resolution No. 2005-247, continued on September 6, 2005 adopted nunc pro tunc effective August 30, 2005 by adoption of Resolution No. 2005-276, and further continued on September 20, 2005 by adoption of Resolution No. 2005-287 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. 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, 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, May 17, 2005 by adoption of Resolution No. 2005-160, June 7, 2005 by adoption of Resolution No. 2005-180, June 28, 2005 by adoption of Resolution No. 2005-210, July 19, 2005 by adoption of Resolution No. 2005-225, August 9, 2005 by adoption of Resolution No. 2005-247, continued on September 6, 2005 adopted nunc pro tunc effective August 30, 2005 by adoption of Resolution No. 2005-276, and further continued on September 20, 2005 by adoption of Resolution No. 2005-287 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. 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 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 erne rg e n cy. 6. Said emergency continues to exist until declared abated by order of 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. Ill //I Ill PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 18th day of October , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard and Sigafoose NOES: None ABSENT: None CLAUDE A. Ll%‘$lS,’Mayor ATTEST % LORRAINE City Clerk 7 DECLARATION OF LOCAL EMERGENCY IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPL~ES WHERAS, the City Council of the City of Carlsbad empowers the City Manager to proclaim the existence of a locd emergency when said City is af3ected 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 dager 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 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 PROCLALME~ tkat 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 organhation of the City of Carlsbad, we those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency Plan. Dated: i' , EXHISIT A 5r . .. DECLARATION OF LOCAL EMERGENCY M bRDER TO TMMF.T)'IA'L'ELY PROCURE EQUIPMENT, SERVICES AND SUPPLZES k WHEREAS, the City Council of the City of.CarIsbaci cmpowcrs thc City scshd M'magci to proclaim tbc cxktcncc of a lod emergency when said City is affcckd by a JV"3S. (he Ciry Manager of the City of Carlsbad. California docs hereby find hat conditions of extirrnc peril to the safety of persons and propcrty hvc an'scn within the City of Carlsbad causcd by torrential rain which began un the day of January, 2005, and suhsequent events of earth movenicnt and slope instability: md, That &me conditions created unexpected occurrences that pose a clear and imminent danger and rcquircd immcdiatc action to prevent or miligate the Joss ur imph~mt oflire, heidth , property, or essential public stiviccs, Ad are or ~lct likely to he beyond the control of the scrviccs. pcrsonncl, cquiprnmt ahd Ililities or the Cily or Ciulsbd;md . That thcsc conditions did permit a dehy resulting from a cnmpetitim cr~cncy; an-^--- solicitation roF~~~-€~~u~h~~i~~~~~c cm That lhe City Council of the City of Cnrlsbad was not in session and wntd not iiiimediotciy be called into scssion NOW, TI JEREf?OW,~lT 1s HIXELi Y PROCLAIMED tbst I local crncrgmcy now exists throughout thc Cily of Clulsbad, California; and ' IT TS FUK'IllLK PROCLAIMED AND ORDERED lhal during the exisinlcs ~f said local crncrgency, [he powers, knctions, and duties of the cmcrgtncy organization of the City of Corlshad arc those prcscribcd.by state law, by ordincmces and resolulions or the City of Carlsbad Emergency Plan. I A .... .. . -. . . . . ..