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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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X/uuaD CONTINUED TO DATE SPECIFIC O CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES O Page 2 EXHIBITS: 1.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 28 5 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 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