HomeMy WebLinkAbout2014-06-17; City Council; 21633; Continuation of Declaration of Local EmergencyCITY OF CARLSBAD - AGENDA BILL
AB# 21,633
CONTUNATION OF THE DECLARATION
OF LOCAL EMERGENCY
DEPT.DIRECTOR
MTG. 6/17/14 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. 2014-126 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 meeting of June 3, 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. 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(a)carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
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. 2014-126
2. Declaration of Local Emergency dated May 14, 2014
RESOLUTION NO. 2014-126
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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
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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 the City Council proclaimed the continuing existence
of a local state of emergency by Resolution No. 2014-115; 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 of the City Council to do all things necessary to effectuate
this intent; and
2Q WHEREAS, state law requires the City Council review the need for continuing the
2^1 state of local emergency every 14 days pursuant to Public Contract code section 22050(c)(1) and
22 the Council shall proclaim the termination of the local emergency at the earliest possible date that
23 the conditions warrant; and
24 WHEREAS, the Council has received the necessary information and update in
25 order to evaluate the continuing need for a local state of emergency; and
25 WHEREAS, even though the fires are out, there is still a need for the state of local
27 emergency to continue requiring damage repairs, assessments and mitigation measures; and
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1 WHEREAS, the City of Carlsbad intends to file a notice of interest regarding
2 applying for federal and state disaster assistance in conjunction with the Declaration of Local
3 Emergency filed on May 20, 2014.
4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
5 Carlsbad, California, as follows:
6 1. That the above recitations are true and correct.
7 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 17*'' day of June, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher and Blackburn.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBiA«^ ENGLESO
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