HomeMy WebLinkAbout2006-03-28; City Council; 18492; Continuation of Declaration of Local EmergencyCITY OF CARLSBAD-AGENDA BILL
AB#
MTG.
DEPT.
18,492
03/28/06
ENG
TITLE:
CONTINUATION OF THE DECLARATION OF LOCAL
EMERGENCY
DEPT. HD.
CITY ATTY. hK
CITY MGRT^^
RECOMMENDED ACTION:
Adopt Resolution No. 2006-069 declaring a continued state of local emergency.
ITEM EXPLANATION:
The City Manager signed a "Declaration of Local Emergency in Order to Immediately Procure
Equipment, Services and Supplies" on March 2, 2006 pursuant to Carlsbad Municipal Code
Sections 6.04.100 and 3.28.130. The City Council ratified this action by adopting Resolution 2006-
053 on March 7, 2006.
State law requires that the Council review the status of local emergency at least every 21 days and
extend it until it is terminated and there is no longer a need for emergency powers.
The dredging of the Agua Hedionda and Calavera Creek Channels to alleviate the emergency
flooding hazard was initiated on March 4, 2006. Initial wok included removal of the vegetation and
accumulated sediments from the channel segment between the Cannon Road and El Camino Real
bridges. By condition of the various resource agency permits, the work on this segment of channel
had to be completed prior to the start of the nesting season for the riparian bird species, which
began on March 15th. Work between the bridges was completed on March 10th ahead of deadline
established by the resource agencies.
The emergency dredge work is now proceeding upstream of the El Camino Real bridge within the
portion of the Agua Hedionda Creek located inside the Rancho Carlsbad community. Dredge
operations were suspended on several occasions due to elevated stream flows brought about by the
recent rainstorms. Completion of all emergency dredge work is anticipated to occur within two to
three weeks weather permitting. Under the terms of the U.S. Army Corps permit, the dredge work is
not to extend past May 3, 2006.
FISCAL IMPACT:
The costs to respond to the local emergency are detailed in a companion agenda bill requesting
appropriation of funds for the emergency work.
ENVIRONMENTAL REVIEW:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269.
A Notice of Exemption for the Agua Hedionda and Calavera Creek Dredging Project was approved
by the Planning Director on March 6, 2006 pursuant to California Code Section 21080(b)(4).
EXHIBITS:
1. Resolution No. 2006-069
DEPARTMENT CONTACT: David Hauser, (760) 602-2739, dhaus@ci.carlsbad.ca.us
1
RESOLUTION NO. 2006-069
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3
8
9
10
17
18
19
20
21
27
28
CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE OF
A LOCAL EMERGENCY.
4
WHEREAS, the City Council declared a local state of emergency on March 7, 2006 by
5 Resolution 2006-053; and
6 WHEREAS, on March 2, 2006, the City Manager of the City of Carlsbad proclaimed the
7 existence of a local emergency pursuant to Carlsbad Municipal Code Sections 6.04.100 and
3.28.130 due to potential flooding conditions that create the potential for a clear and imminent
danger of loss or impairment of life, health, property or essential public services, and is likely to
require resources beyond the services, personnel, equipment and facilities of the City of Carlsbad;
and
WHEREAS, the storm of January 2005 created flows in Agua Hedionda Creek that
crested within a foot of the soffit of the El Camino Real bridge; and
13
WHEREAS, El Camino Real is classified as a regionally significant arterial roadway
14
carrying over 50,000 vehicles per day; and,
15 WHEREAS, the El Camino Real roadbed carries numerous major utilities including a
1 fi regional high pressure fuel line; and,
WHEREAS, the Agua Hedionda Creek flood control channel through the Rancho Carlsbad
community has severely reduced capacity to carry floodwaters due to sediment deposits of 4 to 6
feet; and,
WHEREAS, a major storm event under current conditions would result in damages to
surrounding structures and contents conservatively estimated at $10 to $20 million; and,
WHEREAS, rising floodwaters from even a moderately flood would be potentially
devastating to the residents of the Ranch Carlsbad "seniors only" community; and,
23
WHEREAS, these conditions create the potential of extreme peril to the safety of persons
24
and property within Carlsbad; and,
25 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 within and along the
Agua Hedionda and Calavera Creeks; and
WHEREAS, the City Council does hereby ratify the proclamations of the existence of
a local emergency (attached as Exhibit A) declared by the City Manager on March 2, 2006; and
1
2
3
restitution of its citizens who are potential victims of this calamity; and4
WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
O
intent; and
6
WHEREAS, state law requires the City Council to review the need for continuing the state
of local emergency at least every twenty-one (21) days pursuant to Government Code section
8630(c)(2) and that the Council shall proclaim the termination of the local emergency at the
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
WHEREAS, said local emergency continues until the sediments are dredged from the
Agua Hedionda and Calavera Creek channels; and
WHEREAS, it is the intent of the City Council to seek the maximum aid, comfort and
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
WHEREAS, there is a need to continue the state of local emergency declared on March 7,
2006 by adoption of Resolution 2006-053 requiring the dredging of the sediments from the Agua
1 o
Hedionda and Calavera Creek channels.
NOW, THEREFORE, IT IS PROCLAIMED THAT:
1. That the above recitations are true and correct.
2. There is a need to continue the state of the local emergency declared on March 7,
2006 by the adoption of Resolution 2006-053 requiring the dredging of the
sediments from the Agua Hedionda and Calavera Creek channels.
3. The need for this continuing emergency declaration shall be reviewed within
twenty-one (21) days in accordance with state law.
4. 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.26
5. Said emergency continues to exist until declared abated by the order of the City
27
Manager and the City Council.
28
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 28th day of March , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: CouncAl/Memberf Ha
CLAUDE A. LEWIS, Ma
ATTEST:
£5 = (SEAL).* «^* •*.
H
DECLARATION OF LOCAL EMERGENCY
IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES
WHEREAS, 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 of Carlsbad, California does hereby find:
That the storms of January 2005 created flows in Agua Hedionda Creek that crested
within a foot of the soffit of the El Camino Real bridge; and
That El Camino Real is classified as a regionally significant arterial roadway carrying
over 50,000 vehicles per day; and
That the El Camino Real roadbed carries numerous major utilities including a regional
high pressure fuel line; and
That the Agua Hedionda Creek flood control channel through the Rancho Carlsbad
community has a severely reduced capacity to carry floodwaters due to sediment deposits of 4 to
6 feet; and
That a major storm under current conditions would result in damages to surrounding
structures and contents conservatively estimated at $10 to $20 million; and
That a rising floodwaters from even a moderate flood would be potentially devastating to
the residents of the Rancho Carlsbad "seniors only" community; and
That these conditions create the potential of extreme peril to the safety of persons and
property within the City of Carlsbad; and
That immediate action is required to mitigate the conditions creating the potential for a
clear and imminent danger of loss or impairment of life, health, property or essential public
services, and is likely to require resources beyond the services, personnel, equipment and
facilities of the City of Carlsbad; and
That these conditions do 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 in the area surrounding the Agua Hedionda Creek Channel between Cannon Road and
Rancho Carlsbad Drive in 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.
Dated:B
left, City Manager
City of Carlsbad, California