HomeMy WebLinkAbout2014-05-20; City Council; 21607; Declaration of Local EmergencyCITY OF CARLSBAD - AGENDA BILL 13
AB# 21,607 DECLARATION OF LOCAL
EMERGENCY
DEPT. DIRECTOR
MTG. 5/20/m DECLARATION OF LOCAL
EMERGENCY CITY ATTORNEY
DEPT. CA
DECLARATION OF LOCAL
EMERGENCY CITY MANAGER
RECOMMENDED ACTION
Discuss and consider the Declaration of Local Emergency and adopt Resolution No. 2014-104
ITEM EXPLANATION:
On May 14, 2014, a brush fire started burning around the area of Poinsettia Lane and Alicante.
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.
The fire, known as the Poinsettia Fire, resulted in the City Manager executing a Declaration of a
Local Emergency. In addition, on May 14, 2014, 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.
Under Chapter 6.04 of the Carlsbad Municipal Code (CMC), the City Manager is empowered to
declare a local emergency when conditions exist that present extreme peril to the safety of
persons or property within the city and such conditions are beyond the control of services,
personnel, equipment, and facilities ofthe city and require the combined forces of other political
subdivisions.
This declaration allows the city to seek aid from sources outside the city. Under CMC 3.28.120
it also authorizes the city to secure necessary equipment, services and supplies without giving
notice of bids to let contracts.
This action must be ratified by the City Council within seven days to continue to have further force
and effect.
Staff will present an update to the Council within fourteen days on the measures taken to address
this local emergency and what future measures will be considered.
DEPARTMENT CONTACT: Celia A. Brewer 760-434-2891 celia.brewer(5)carlsbadca.gov
FOR CITY CLERKS USE ONLY. X
•
COUNCIL ACTION: APPROVED X
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CONTINUED TO DATE SPECIFIC •
DENIED
X
• CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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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 state and/or federal
government also declares a state of emergency, the amount of reimbursement from those
entities.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section
15269.
EXHIBITS:
1. Resolution No. 2014-104
2. Declaration of Local Emergency
RESOLUTION NO. 2014-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE OF
A LOCAL EMERGENCY DUE TO A BRUSH FIRE KNOWN AS
4 THE POINSETTIA FIRE
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WHEREAS, on May 14, 2014, a wildfire began in Carlsbad; and
WHEREAS, 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 the existence of a wildfire in Carlsbad; and
WHEREAS, The City Council does hereby ratify the proclamation of the existence
of a local emergency (attached as Exhibit A) declared by the City Manager on May 14, 2014; 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 exists 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.
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 exists in Carlsbad.
3. That the City civil defense and disaster council operating by the through the
emergency operations plan and emergency operations committee are authorized
and directed to respond to this emergency by exercising their maximum powers
to the fullest extent of the law authorized under Chapter 6.04 of the Carlsbad
Municipal Code and the laws of the State of California as appropriate.
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That the City Manager or his designee is authorized and directed to complete
and file all appropriate forms and documents necessary to abate the emergency
and to obtain the maximum cooperation and assistance both financial and
otherwise in responding to this emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 20th day of May 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
ATTEST:
(^rn <, £c4l-y^
BARBARA ENGLESON Clerk
• XVUHII/,.
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