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HomeMy WebLinkAbout2007-05-08; City Council; 18990; Terminating the declaration of local emergencyCITY OF CARLSBAD - AGENDA BILL 18.990AB# MTG. "05/08/07 DEPT. CA TERMINATING THE DECLARATION OF LOCAL EMERGENCY DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. terminated. 2007-108 declaring that the continued state of local emergency is 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. 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 are still some minor projects left to be finished, however the vast majority of contracts and projects are now complete and there is no longer a need to enter into any further contracts. 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. Staff has found that conditions are now within the control of 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: RonaldR. Ball, 434-2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED tfa Daa CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES aa Da Page 2 FISCAL IMPACT: 2005 STORM FUNDING SUMMARY P reject Description App ropriated To Date Expenses As of 3/31/2007 Estim ated Costs R em aining E stim ated Project Totals Ag ua D u Ice $ Marbella $ Jefferson St $ C itywide $ 6,223,000 1 ,466,000 337,000 1 ,217,000 $ $ $ $ 5,671 ,635 1,350,030 197,984 952,922 $ $ 551,365 115,970 $ $ $ $ 6,223,000 1 ,466,000 197,984 952,922 Total $ 9,243,000 $ 8,172,571 $ 667,335 $ 8,839,906 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 31, 2007, $8,172,571 has been spent on storm-related projects leaving a balance of $1,070,429 for the remaining repair work. ORIGINAL CONTRACT i DATE ! EMERGENCY CONTRACT SERVICES CONTRACTOR PROJECT AND/OR DESCRIPTION OF WORK TOTAL CONTRACT AMOUNTS 02/22/2005 |Don Hubbard Contracting Co. ](1.) Storm drain repair® Agua Hedionda Pump | $ 865,058.00 I (Station; (2.) Water line repair @ Marbella __ ! _ _ __ jjjgwn|iomes_ __________ „,_ 67/2^/2665 Irjudek Associates,, Inc. (Contract management and inspection services j $ 250,000.00 ^l7^^005":B^a>slnc7"~ ~~~~~~ "jcltywidTtebifis^^ 1$ 69,882.00 .._ _ _.| _ _ j, i 03/21/2665 ; Erreca's Inc. i slope stabilization @ Rancho Fe Road/Agua Dulce j $ 365,920.00 68/22/2665 ] Erreca's Inc. slope stabilization @ Rancho Fe Road/^gua^uiceT $ 1,941,609.00 _ j ._„ _ ___ _ _4_ _. ____™_™______. _ __i— -—— 08/22/2005 ! Erreca's Inc. "Slope stabilization @ La Costa Ave./Marbella |$ 432,668.00 03/092005 Erreca's Inc. Roadway repair @ Jefferson St. j $ 164,014.00 04/19/2005 J. M. Scibilia, Inc. jCitywide roadway repair I $ 927919.00 ': _ _J____ _ _^ _ 06/20/2005 jMeJcnior Land Surveying, Inc. j Land surveying ©Marbella and Agua Dulce • $ 102,271.00 03/22/2665 [North County Construction (Contract management and inspection services ; $ 25,000.00 65/36/2065 North County Construction i Contract management and inspection services $ 50,000.00 ; _ _ _ I _ _ __[ __ 06/03/2005 iZamboreHi Enterprises j Slope stabilization @ (1.) Rancho Fe Road/Agua ] $ 3,143,648.00 jDyJce and (2.) La Costa Ave/Ma£bella____ i"~ "~ ~~ \ ~~ " - - - — ~"T"~"~"~~*~ —«-™ ~.,,,™^...=™^ ™™™_,,™,™ ~ - ^ ™_ * ~,,,>™~_ »™.., ™ _»__™™™.™^ _~^^^^^^B^^M^^^M I TOTALi $ 7,502,989.00 The table directly above lists all contract services that have been procured to date pursuant to Public Contract Code Section 22050(c)(1). The remaining balance as reflected in the table Page 3 "2005 STORM FUNDING SUMMARY", does not match the above table as work has been started and/or completed with several of these vendors. 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 once all the contracts have been closed out and all expected funds have been received. 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. 2007-108 a: IE ^ Cf 252 i|2 o ° 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. 2007-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TERMINATING THE EXISTENCE OF A LOCAL 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, the City Council has continuously reviewed and reaffirmed on a regular basis, as required by State law, the need to continue the local state of emergency; and WHEREAS, said local emergency has been abated and there is no need for the state of local emergency to continue for damage assessments, 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 repairs and assessments and mitigation measures in order to prevent further perilous damage and ensure the health and safety of the citizens of Carlsbad. NOW, THEREFORE, IT IS PROCLAIMED THAT: 1. That the above recitations are true and correct. 2. The declaration of emergency is hereby terminated according to State law. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the ai-h day of Mpy , 2007 by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packardand Nygaard NOES:None ABSENT: None , Mayor ATTEST: CORRAJNE M. City Clerk OOD 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, 20C Patchett, City Manager > • Carlsbad, California EXHIBIT A 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 :mtl thi- riiy_gjMinr.ih'«: nnt i WHEREAS, the City Manager of the City of Carlsbad, California does hereby find: Thai 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 Jacilities of the City of Carlsbad; and That these conditions did noi permit a delay resulting from a competitive solicitation rc}r--bid^and-t4>aMhc-aetion-is-itece3sary-to-Tespaiid"to~thc emergency; ahlf Thai the City Council of the City of Carlsbad was not in session and could not immediately be called into session. . NOW, TTIERBFORli. IT IS Hl&KEB Y PROCLAIMED that a local emergency now exists throughout the City of Carlsbad, California; and FT TS l-'URTHliR 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. : 3/S/.Dated: O/ <5/ O [d R. Palchetl, Cily Manager ".'arlshad, California EXHIBIT B