HomeMy WebLinkAbout2007-03-27; City Council; 18943; Continuation of the declaration of local emergencyCITY OF CARLSBAD - AGENDA BILL
AB# 18,943
MTG. 3/27/07
DEPT. CA
CONTINUATION OF THE
DECLARATION OF LOCAL
dV/ICDOCM/^N/bMbHvjibiMUY
DEPT. HEAD
CITY ATTY. ^^,
CITY MGR. (ju^-~
RECOMMENDED ACTION:
Adopt Resolution No.2007-065 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 BT
DENIED D
CONTINUED O
WITHDRAWN P
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
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FISCAL IMPACT:
P reject
D escription
Agua D ulce
Marbella
Jeffe rson S t
C ityw ide
Total
2005 STORM FUNDI
Appropriated
To Date
$ 6,223,000
1 ,466,000
337,000
1 ,217,000
$ 9,243,000
(W.tUIMfAftY
Expenses
As of
03/15/2007
$ 5,671,635
1 ,350,030
197,984
951 ,072
$ 8,170,721
R em ain ing
Balance
$ 551,365
1 15,970
1 39,016
265,928
$ 1,072,279
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 March 15, 2007, $8,170,721 has been spent
on storm-related projects leaving a balance of $1,072,279 for the remaining repair work.
ORIGINAL
CONTRACT
DATE
EMERG ENC Y CONTRACT
CONTRACTOR PROJECT AND/OR DESCRIPTION OF WORK
TOTAL
CONTRACT
AMOUNTS
02/22/2005
67/26/2665
6i/11/2665
03/21/2665
Don Hubbard Contracting Co. (1.) Storm drain repair @ Agua Hedionda Pump $
Station; (2.) Water line repair @ Marbella
Townhomes j
Contract management and inspection services $
08/22/2005
618/2272665
63/692665
04719/2005
66/20/2665
"Dudek Associates,, Inc.
I
! Erreca's Inc.
Erreca's Inc.
Erreca's Inc.
Erreca's Inc.
Erreca's Inc.
J. M. Scibilia, Inc.
865,058.00
2567666.66
Citywide debris removal and clearing ' $
Slope stabilization @ Rancho Fe Road/Agua Dulce $
Slope stabilization @ Rancho Fe Road/Agua Dulce $
Slope stabilization @ La Costa AveVMarbeiia $
Roadway repair @ Jefferson St. $
Citywide roadway repair $
Melchior Land Surveying, Inc. Land surveying @ Marbella and Agua Dulce $
365,920.00
1,941,609.66
432,668.00
164,014.00
92,919.00
102,271.66
North County Construction 'Contract management and inspection services
! - | -j North County Construction Contract management and inspection services
03/22/2005
05/30/2665
66/63/2665 Zamborelli Enterprises Slope stabilization @ (1.) Rancho Fe Road/Agua
Dulce and (2.) La Costa Ave/Marbella
25,000.00
50,000766
3,143,648.66
TOTAL! $ 7,502,939.00
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
Page3
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. 2007-065
§
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RESOLUTION NO. 2007-065
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
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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
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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 n'unc 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.
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2007-024 adopted nunc pro tune effective January 30, 2007, and further continued
on March 6, 2007 by adoption of Resolution No. 2007-048 adopted nunc pro tune
effective February 27, 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
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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 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, and further continued on March
6, 2007 by adoption of Resolution No. 2007-048 adopted nunc pro tune February
27, 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.
§ 0.
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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.
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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the day of 27th March, 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard.
NOES: None.
ABSENT: None.
LtJRR^NE M. WOOD, City Clerk
(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 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 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, 20(j ^
aym&id R. Patchett, City Manager
City of Carlsbad, California
EXHIBIT A
DECLARATION OF LOCAL EMBRCENCV
IN OHDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND
SUPPLIES
WHEREAS, the City Council of the City of .Carlsbad empowers the City
Manager to proclaim the existence or a local emergency when .said City is affected by a
iincl tti» fi^y ^TIT"'! *'* nfii In
WHEREAS, the City Manager of the City of Carlsbad. California docs 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 7^ 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 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 Ihe Cily of
Carlsbad; and
That these conditions .did not permit a delay resulting from a competitive
solicitation fof-bid^-attd-tlmt-the-aetion-is-neceasary to respond to the emergency; and—
Thai Ihe Cily Council of the City of Carlsbad was not in session and could not
immediately be called into session. .
NOW, TJIEREFORIi. IT JS HliRJEBY PROCLAIMED that a local emergency
now exists throughout the Cily of Carlsbad, California; and
IT IS I'UKTHUR PROCLAIMED AND ORDERED lhal during the existence of
said local emergency, Ihe 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: 3/8/0-5"I *' ^ " '"
R. Palchell, Cily Manager
Varbbad, California
EXHIBIT B