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Home My WebLink About2007-03-06; City Council; 18920; Continuation of Declaration of Local EmergencyCITY OF CARLSBAD - AGENDA BILL AB# 18,920 MTG. 3/06/07 DEPT. CA CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY DEPT. HEAD CITY ATTY. Cjj^ CITY MGR. ^SS> RECOMMENDED ACTION: Adopt Resolution No.2007-048 declaring a continued state of local emergency, authorization to seek reimbursement from state and federal agencies. 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 Dulce 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. DEPARTMENT CONTACT: Ronald R. Ball, 434-2891 FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED #aann CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D FISCAL IMPACT: ;'-'""' , • P reject D escription Ag ua D ulce M a rbe lla Jefferson St C ityw ide Total 2 01)5 S,f OiR M F U N D Appropriated To Date $ 6,223,000 1 ,466,000 337,000 1 ,21 7,000 $ 9,243,000 ING SUMMARY Expenses As of 02/15/2007 $ 5,617,073 1 ,342,381 197,984 948,875 $ 8,106,312 a!j! ' •' "i ~'"f " >'<» ' ' , v R em a in in g Ba la nee $ 605,927 123,61 9 1 39,016 268,125 $ 1,136,688 A total of $9,243,000 has been approved by the Council for emergency repairs of various damaged public property within the City. As of February 15, 2007, $8,106,312 has been spent on storm-related projects leaving a balance of $1,136,688 for the remaining repair work. i-:^r,>?^ ^.-v.;--: : v:>; : EMERGENCY CONTRACT SERVICES? • i > / .,".v,;.-;''i':';l • :' ORIGINAL CONTRACT DATE 02/22/2005 07/26/2005 01/11/2005 03/21/2005 i|| CONTRACTOR | PROJECT AND/OR DESCRIPTION OF WORK Don Hubbard Contracting Co. Dudek Associates,, Inc. Erreca's Inc. Erreca's Inc. , 08/22/2005 JErreca's Inc. 08/22/2005 JErreca's Inc. 03/092005 Erreca's Inc. 04/19/2005 06/20/2005 J. M. Scibilia, Inc. Melchior Land Surveying, Inc. 03/22/2005 j North County Construction 05/30/2005 "^North County Construction I , . 06/03/2005 IZamborelli Enterprises (1 .) Storm drain repair @ Agua Hedionda Pump Station; (2.) Water line repair @ Marbella Townhomes TOTAL CONTRACT AMOUNTS $ 865,058.00 Contract management and inspection services ~™ I $ 250,000.00 Citywide debris removal and clearing _ Slope stabilization @ Rancho Fe Road/Agua Dulce Slope stabilization @ Rancho Fe Road/Agua Dulce Slope stabilization @ La Costa Ave./Marbella Roadway repair @ Jefferson St. $ 69,882.00 $ 365,920.00 $ 1,941,609.00 $ 432,668.00 $ 164,014.00 Citywide roadway repair I $ 92,919.00 I Land surveying @ Marbella and Agua Dulce Contract management and inspection services Contract management and inspection services , . ___ Slope stabilization @ (1 .) Rancho Fe Road/Agua Dulce and (2.) La Costa Ave/Marbella TOTAL $ 102,271.00 $ 25,000.00 $ 50,000.00 $ 3,143,648.00 ~ $ 7,502,989.00 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. The table directly above lists all contract services that have been procured to date pursuant to Public Contract Code Section Page 3 22050(c)(1). The remaining balance as reflected in the table "2005 STORM FUNDING SUMMARY", does not match the above table as work has been started and/or completed with several of these vendors. 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. On February 16, 2007, the City of Carlsbad was reimbursed $6,246,595 by the Federal Highway Administration ("FHWA") for expenditures related to the 2005 Storms. This funding represents the first round of reimbursement. The City will continue to pursue reimbursement on a periodic basis until all reimbursable expenditures have been funded. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. EXHIBITS: 1. Resolution No. 2007-048 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 g " Q t 16 17 18 19 20 21 22 23 24 25 26 27 28 §>§> O LU CMj u. O ™o< < o: a: <£ o"o < <H o caF o to RESOLUTION NO. 2007-048 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 7th 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 O HI CMu. cs ro o< < D Y 0 L < >- CD ,I— O CQF o CO< O -ic. CM a: 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 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 October 24, 2006 and did not meet on October 31, 2006 since that was the fifth Tuesday and the next available City Council meeting date was November 7, 2006 and the matter was immediately taken up, this resolution is adopted nunc pro tune effective as of October 24, 2006; 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 D , D u.-I I < j^ >: H < o: a: &- aa < <p o SP o <n< o —iJ CM a: 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 on September 6, 2005 adopted nunc pro tune effective August 30, 2005 by adoption of Resolution No. 2005-276, continued on September 20, 2005 by adoption of Resolution No. 2005-287, continued on October 18, 2005 by adoption of Resolution No. 2005-310, continued on November 8, 2005 by adoption of Resolution No. 2005-327, continued on December 6, 2005 adopted nunc pro tune effective November 22, 2005 by adoption of Resolution No. 2005-349, continued on December 13, 2005 by adoption of Resolution No. 2005-372, continued on January 10, 2006 adopted nunc pro tune effective January 3, 2006 by adoption of Resolution No. 2006-005, continued on January 24, 2006 by adoption of Resolution No. 2006-014, continued on February 14, 2006 by adoption of Resolution No. 2006-035, continued on March 7, 2006 by adoption of Resolution No. 2006-051, continued on March 28, 2006 by adoption of Resolution No. 2006- 073, continued on April 18, 2006 by adoption of Resolution No. 2006-098, continued on May 9, 2006 by adoption of Resolution No. 2006-122, continued on June 6, 2006 adopted nunc pro tune effective May 30, 2006 by Resolution No. 2006-136, continued on June 20, 2006 by adoption of Resolution No. 2006-167, continued on July 11, 2006 by adoption of Resolution No. 2006-191, continued on August 1, 2006 by adoption of Resolution No. 2006-221, continued on September 12, 2006 adopted nunc pro tune effective August 22, 2006 by Resolution No. 2006-267, continued on October 3, 2006 by adoption of Resolution No. 2006-289, continued on November 7, 2006 by adoption of Resolution No. 2006-308, and further continued on December 5, 2006 adopted nunc pro tune effective November 28, 2006 by Resolution No. 2006-351, and further continued on January 9, 2007 by adoption of Resolution No. 2007-007 adopted nunc pro tune effective December 26, 2006, continued on February 6, 2007 by adoption of Resolution No. < a 5 O HI W liu. CD J< O < < _< >- : a: t£ a252F o co 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 2007-024 adopted nunc pro tune effective January 30, 2007 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. That the above recitations are true and correct. 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, 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 tune effective August 30, 2005 by adoption of Resolution No. 2005-276, continued on September 20, 2005 by adoption of Resolution No. 2005-287, continued on October 18, 2005 by adoption of Resolution No. 2005-310, continued on November 8, 2005 by adoption of Resolution No. 2005-327, continued on December 6, 2005 adopted nunc pro tune effective November 22, 2005 by adoption of Resolution No. 2005-349, continued on December 13, 2005 by adoption of Resolution No. 2005-372, continued on January 10, 2006 adopted nunc pro tune effective January 3, 2006 by adoption of Resolution No. 2006-005, continued on January 24, 2006 by adoption of § Q " O u. -i ' < Zi< y m <gUj.00 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. 2006-014, continued on February 14, 2006 by adoption of Resolution No. 2006-035, continued on March 7, 2006 by adoption of Resolution No. 2006-051, continued on March 28, 2006 by adoption of Resolution No. 2006- 073, continued on April 18, 2006 by adoption of Resolution No. 2006-098, continued on May 9, 2006 by adoption of Resolution No. 2006-122, continued on June 6, 2006 adopted nunc pro tune effective May 30, 2006 by Resolution No. 2006-136, continued on June 20, 2006 by adoption of Resolution No. 2006-167, continued on July 11, 2006 by adoption of Resolution No. 2006-191, continued on August 1, 2006 by adoption of Resolution No. 2006-221, continued on September 12, 2006 adopted nunc pro tune effective August 22, 2006 by Resolution No. 2006-267, continued on October 3, 2006 by adoption of Resolution No. 2006-289, continued on November 7, 2006 by adoption of Resolution No. 2006-308, and further continued on December 5, 2006 adopted nunc pro tune effective November 28, 2006 by Resolution No. 2006-351, and further continued on January 9, 2007 by adoption of Resolution 2007-007 adopted nunc pro tune effective December 26, 2006, continued on February 6, 2007 by adoption of Resolution No. 2007-024 adopted nunc pro tune effective January 30, 2007 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 < «3 ai § 3>Ta: a: <»<og , O UJ <Mz|u.o;< o < <& > ^z"i^sQ u Q Li. -! 1 < j< >- m < Z LU CO oO 2 -1cc cc 5 Q(-) < <H 0 S1— 0 CO<s^£^s0 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 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. 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 III III III III III 6 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 City Council of the City of Carlsbad on the 6th day of March, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Sigafoose CLAUDE'AIEWIS, Mayor ATTEST: (SEAL) DECLARATION OF LOCAL EMERGENCY IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES WHERAS, 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 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 danger 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 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 hi 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 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: February 23, 2( IR. Patchett, City Manager City oT Carlsbad, California EXHIBIT A DECLARATION OP LOCAL KMKRCJENCV IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES WHEREAS, the City Council of the City of Carlsbad empowers the City Mmaier1 to proclaim the existence of* local emergency when mid" City is affected by • *'l T t n irvrl"n' Bn>* WHEREAS, the City Manager of the City of Carhbad, California does hereby find: Th»l condition* of extreme peril to the safety of person* and property have amen within the Chy of Carbbad caused by torrential rain which beyitn on the 7* day or January, 2005, and Kuhroquent events of earth movement and slope instability: and. 'That OIKOUS conditions created unexpected oc currences that pose a clear and imminent danger and required immediate action to prevent or nitioaUi Out Jo** or impairment of life, hoaUh , property, or cssentict public services, and ate or are likely to he beyond the control of the services, personnel, cquipnicnl and iadlities of the City of Carlsbad; and That these conditions .did not permit a deluy resulting from a competitive solicitation fof-bid^-and-that-thfrBeltotHs neccjsary to je*puud iu Ite cinnrgEKyi »nd" Thai the Cily Council of the Chy of Carlsbad w« not b session and could not immediately be called into session. . NOW. TIIERBFORU. IT IS HiiREBY PROCLAIMED tbata local emergency now exists throughout the City ofCarUbad, CuliTomwi; and rt IS 1-TJKTf iiiR PROCLAIMED AND ORDERED Uul during the exwlenc. of said local emergency, (he powers, Functions, and duties of the emergency organization of the City of Carlsbad are those prescribed, by state law, by ordinances and resolutions of tke Chy of Carlsbad Emergency Plan. Dated: R. Patched, City Manager irisbod, California EXHIBIT B