HomeMy WebLinkAbout2014-07-08; City Council; 21675; Continuation Declaration of Local EmergencyCITY OF CARLSBAD - AGENDA BILL 8
AB# 21,675
CONTUNATION OF THE DECLARATION
OF LOCAL EMERGENCY
DEPT. DIRECTOR
MTG. 7/8/14 CONTUNATION OF THE DECLARATION
OF LOCAL EMERGENCY CITY ATTORNEY
DEPT. CA
CONTUNATION OF THE DECLARATION
OF LOCAL EMERGENCY CITY MANAGER^p^
RECOMMENDED ACTION
Adopt Resolution No. 2014-170 declaring a continued state of local emergency and
authorization to seek reimbursement from state and federal agencies.
ITEM EXPLANATION:
On May 20, 2014, the City Council adopted a Declaration of Local Emergency recommended by
the City Manager due to a brush fire beginning on May 14, 2014. Santa Ana winds and hot
temperatures resulted in the rapid spread ofthe fire, ultimately resulting in evacuations and power
outages as well as damage to residential and commercial structures in Carlsbad and around San
Diego County. In addition, California Governor Jerry Brown proclaimed a state of emergency in
support of the San Diego County wildfires. The State proclamation notes that a Federal
Management Assistance Grant has been requested and approved by FEMA for the Poinsettia
Fire in Carlsbad. Under the Federal Management Assistance Grant program, the Federal
Government shares the cost of local fires.
There are two types of local emergency. Under Carlsbad Municipal Code (CMC) Chapter 6.04
and the California Emergency Services Act (Government Code Sections 8550-8668) the city can
declare a local emergency when conditions of extreme peril exist that are beyond the control of
the city's services, personnel, equipment, and facilities and the assistance of other political
subdivisions is required. State law requires that the City Council review the status of this type of
local emergency at least every 30 days.
The other type of local emergency is authorized under CMC 3.28.120 and California Public
Contract Code Section 22050 and allows the city to take any directly related and immediate action
required by that emergency to procure the necessary equipment, services, and supplies without
giving notice for bids to let contracts. This type of local emergency must be reviewed every 14
days.
At the City Council meetings of June 3, 2014, June 17, 2014 and June 24, 2014 Council
proclaimed the continuing existence of the May 20, 2014 Declaration of Local Emergency and
staff recommends that the Council continues the emergency as it continues to assess the impacts
of the fire and the need for additional resources within and outside of the city's jurisdiction.
DEPARTMENT CONTACT: Celia A. Brewer 760-434-2891 celia.brewer(5)carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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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.
FISCAL IMPACT:
At its June 24, 2014 regular meeting, the City Council appropriated $1,000,000 from the General
Fund to offset departmental costs related to the 2014 Poinsettia Fire.
The total costs to respond to the local emergency are unknown at this time. However, prior to
the conclusion ofthe emergency, the Council will be presented with a full accounting of all costs
including all material, labor, regular and professional services and if any state and/or federal
government reimbursement will be available.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section
15269.
EXHIBITS:
1. Resolution No. 2014-170
2. Declaration of Local Emergency dated May 14, 2014
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RESOLUTION NO. 2014-170
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUING
EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, on May 14, 2014 the City Manager of the City of Carlsbad proclaimed
the existence of a local emergency due to conditions of extreme peril to the safety of persons and
property caused by a wildfire in Carlsbad; and
WHEREAS, the City Council declared a local state of emergency on May 20, 2014,
by Resolution No. 2014-104; and
WHEREAS, on June 3, 2014, June 17, 2014 and June 24, 2014 the City Council
proclaimed the continuing existence of a local state of emergency by Resolution No's. 2014-115,
2014-126 and 2014-157; and
WHEREAS, on June 3, 2014 the City Council designated and authorized agents to
act on behalf of the City of Carlsbad in processing of disaster claims related to the 2014 Poinsettia
fire by Resolution no. 2014-121; and
WHEREAS, on June 24, 2014 the City Council authorized the Administrative
Services Director to appropriate one million dollars ($1,000,000) from the General Fund to cover
the cost of the expenditures related to the Poinsettia fire as well as temporary repair work and/or
2Q clean up occurring within the first 30 days after the end of the incident which ended on May 17,
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22 WHEREAS, in accordance with the laws of the State of California and the laws of
23 the City of Carlsbad, the City Council declares a state of local emergency continues to exist
24 throughout Carlsbad; and
25 WHEREAS, it is the intent of the City Council to seek the maximum aid, comfort and
2g restitution to its citizens who are victims of this calamity; and
27 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate
28 this intent; and
1 WHEREAS, state law requires the City Council review the need for continuing the
2 state of local emergency every 14 days pursuant to Public Contract code section 22050(c)(1) and
3 the Council shall proclaim the termination of the local emergency at the earliest possible date that
4 the conditions warrant; and
5 WHEREAS, the Council has received the necessary information and update in
6 order to evaluate the continuing need for a local state of emergency; and
7 WHEREAS, even though the fires are out, there is still a need for the state of local
8 emergency to continue requiring damage repairs, assessments and mitigation measures; and
9 WHEREAS, the City of Carlsbad intends to file a notice of interest regarding
10 applying for federal and state disaster assistance in conjunction with the Declaration of Local
11 Emergency filed on May 20, 2014.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
"12 Carlsbad, Califomia, as follows:
1^^ 1. That the above recitations are true and correct.
^5 2. A local emergency continues to exist in Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 8th day of July 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
\TT HALL, Mayor MATT
ATTEST:
BARBARA ENGLESON/jZity Clerk
^ ^^^^^^
^'f, ^ "y y y
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
WHEREAS, the City Manager of the City of Carlsbad, Califomia does hereby
find:
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 buming in 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 the services, personnel, equipment and facilities ofthe 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, Califomia; 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: ^//'^/:>^/j/
Steven R/Sarkozy, City Manager
City of Carlsbad, Califomia