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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