HomeMy WebLinkAbout2007-10-29; City Council; CS; Ratifying actions related to the county wildfiresCITY OF CARLSBAD - AGENDA BILL 1
AB# 19,211
MTG. 10/29/07
DEPT. CityAtty
Adoption of Resolution No. 2007-284
Ratifying Actions of the Interim City
Manager of the City of Carlsbad as a
Result of Devastating Wildfires in the
County of San Diego
DEPT. HEAD
CITY ATTY. <&,
CITY MGR. (//
RECOMMENDED ACTION:
Adopt Resolution No2007-284ratifving actions of the Interim City Manager of the City of Carlsbad
declaring a Local State of Emergency.
ITEM EXPLANATION:
Pursuant to Section 6.04.100 of the Carlsbad Municipal Code, the City Council must meet
within seven (7) days of a local emergency declared by the City Manager. The purpose of this
meeting is to ratify the declaration by the Interim City Manager of a Local State of Emergency
for the City of Carlsbad. The City Manager declared a state of local emergency on Monday,
October 22,2007. A copy of that declaration is attached to this Agenda Bill as Exhibit 'A'.
On Sunday, October 21,2007, wildfires began in eastern San Diego County and spread
throughout the county threatening persons and property and leading to mandatory evacuations.
Local emergency personnel, services and equipment have responded to these fires and the
resulting injuries and damages and the county has called for additional personnel, equipment
and services from throughout the State of California in order to assist in responding to these
fires. The fires continued to rage leading to the Governor's declaration of a state of emergency
in San Diego County and other surrounding counties.
FISCAL IMPACT:
There will be extraordinary costs, both public and private, in responding to the emergency in an
undetermined amount.
ENVIRONMENTAL IMPACT:
Emergency projects and the declaration of a state of local emergency are statutorily exempt
from CEQA pursuant to CEQA Section 15269.
DEPARTMENT CONTACT: City Attorney 760-434-2891
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
X/uuaD
CONTINUED TO DATE SPECIFIC O
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES O
Page 2
EXHIBITS:
1. Declaration of Local Emergency (Exhibit A)
2. Resolution No. 2007-284
1 RESOLUTION NO. 2007-284
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RATIFYING THE
3 DECLARATION OF A LOCAL STATE OF EMERGENCY
. FOR THE CITY OF CARLSBAD BY THE INTERIM CITY
MANAGER AND REQUESTING OFFICE OF EMERGENCY
5 SERVICES ASSISTANCE AND OTHER AID AS
APPROPRIATE IN RESPONDING TO SUCH EMERGENCY
6
7 WHEREAS, on Sunday, October 21, 2007, there erupted a series of wildfires in
8 the County of San Diego; and
9
WHEREAS, the wildfires progressed to the point where they threatened the
10
safety and security of persons and property; and
11
WHEREAS, local forces in the County of San Diego were insufficient to respond
12
to such emergency and additional resources from the State of California were
14 requested; and
15 WHEREAS, the Governor of the State of California declared a state of
16 emergency on Monday, October 22,2007; and
17 WHEREAS, the City Council of the City of Carlsbad has received by this Agenda
18 Bill update on the state of the emergency situation in the County of San Diego and the
19 state of emergency declared by the Governor; and
20 WHEREAS, the City Council has determined that it is necessary and in the best
21
interests of the citizens of Carlsbad to declare a state of local emergency due to the
22
threats of the wildfires to cause property damage, personal injuries and other economic
23
and social costs and damages resulting from this emergency of an unknown amount at
25 this time; and
26 WHEREAS, the City Manager declared a local state of emergency on Monday,
27 October 22, 2007; and
28 (I
1 WHEREAS, Section 6.04.100 (A)(1) of the Carlsbad Municipal Code requires the
2 City Council to ratify the state of local emergency declared by the City Manager within
3 seven (7) days; and
4 WHEREAS, in accordance with the laws of the State of California and the City of
5 Carlsbad, the City Council declares an emergency does exist throughout Carlsbad; and
6
WHEREAS, the local emergency continues until the calamitous wildfires are
7
abated; and8
9 WHEREAS, it is the intent of the City Council to seek the maximum aid, comfort
10 and restitution of its citizens who are the victims of this calamity; and
11 WHEREAS, to extend the support and assistance of the City of Carlsbad and its
12 emergency services, personnel and equipment to the maximum extent feasible in
13 keeping with the health and safety of its local citizens; and
14 WHEREAS, it is the intent of the City Council to do all things necessary to
effectuate this intent.
16
NOW, THEREFORE, IT IS PROCLAIMED by the City Council of the City of
17
Carlsbad, California, as follows:18
19 1. That the above recitations are true and correct.
20 2. A local state of emergency now exists throughout Carlsbad.
21 3. That the Emergency Operation Center is authorized and directed to
22 respond to this emergency by exercising the maximum powers to the fullest extent of
23 the law authorized under Chapter 6.04 of the Carlsbad Municipal Code and the laws of
24
the State of California as appropriate.
25
4. The City Manager or her designee is authorized and directed to complete26
27 and file all appropriate forms and documents necessary to abate the emergency and to
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obtain the maximum cooperation and assistance both financial and otherwise in
responding to this emergency.
5. Said emergency continues to exist until abated by order of the City
Manager or the City Council as appropriate.
6. It is further ordered that a copy of this Resolution be forwarded to the state
director of the Office of Emergency Services with a request that he or she 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.
PASSED, APPROVED AND ADOPTED at a Spec i a Meeting of the City Council
of the City of Carlsbad on the 23rd day of (Vt-nh^T- ,
2007, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
(SEAL)
10-24-07;09:42AM;
7604348367 Cliy of Carlsbad 10:19.28 a.m. 10-22-2007
EXHIBIT A
2/2
DECLARATION OF LOCAL EMERGENCY
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
find:
WHEREAS, the City Manager of the City of Carlsbad, California does hereby
That conditions of extreme peril to the safety of persons and property have arisen
within the City of Carlsbad caused by wildfires that are currently burning throughout San
Diego County and potentially into Carlsbad; and
That these conditions are creating 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 die 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 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:By.
Lisa Hildabrand, City Manager
City of Carlsbad, California