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HomeMy WebLinkAbout2014-06-03; City Council; 21618; Continuation of Declaration Local EmergencyCITY OF CARLSBAD - AGENDA BILL 11 AB# 21.618 DEPT. DIRECTOR MTG. 6/3/14 CONTUNATION OF THE DECLARATION OF LOCAL EMERGENCY CITY ATTORNEY DEPT. CA CONTUNATION OF THE DECLARATION OF LOCAL EMERGENCY CITY MANAGER ^ RECOMMENDED ACTION Adopt Resolution No. 2014-115 declaring a continued state of local emergency and authorization to seek reimbursement for 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. Staff recommends that the Council continues the emergency as staff continues to assess the impacts of the fire and the need for additional resources within and outside of the city's jurisdiction. 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. DEPARTMENT CONTACT: Celia A. Brewer 760-434-2891 celia.brewer(5)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED )gi^ DENIED • CONTINUED • WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • Page 2 FISCAL IMPACT: The costs to respond to the local emergency are unknown at this time. However, 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 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. 2014-115 2. Declaration of Local Emergency dated May 14, 2014 1 1 2 RESOLUTION NO. 2014-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUING EXISTENCE OF A LOCAL EMERGENCY 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 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, 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 continues to exist throughout Carlsbad; and WHEREAS, it is the intent of the City Council to seek the maximum aid, comfort and restitution to its citizens who are victims of this calamity; and WHEREAS, it is the intent ofthe City Council to do all things necessary to effectuate this intent; and WHEREAS, state law requires the City Council review the need for continuing the state of local emergency every 14 days pursuant to Public Contract code section 22050(c)(1) and the Council shall proclaim the termination of the local emergency at the earliest possible date that the conditions warrant; 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 fires are out, there is still a need for the state of local emergency to continue requiring damage repairs, assessments and mitigation measures; 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 May 20, 2014. 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. A local emergency continues to exist in Carlsbad. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 3"^ day of June, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. ABSENT: None. TT HALL Mayor MATT ATTEST: BARBARA ENGLESON^^^ty Clerk 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, persoimel, 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, 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: 5 //^/^^/ City of Carlsbad, Califomia