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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APPROVED X • CONTINUED TO DATE SPECIFIC • DENIED X • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 FISCAL IMPACT: The costs to respond to the local emergency are unknown at this time.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 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 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, 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. 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 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. 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 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