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HomeMy WebLinkAbout2014-07-22; City Council; 21688; Terminating Declaration of Local Emergency and Funds 2014 Poinsettia FireCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21,688 7/22/14 CA/ASD/FIN TERMINATING THE DECLARATION OF LOCAL EMERGENCY AND APPROPRIATION OF FUNDS RELATED TO THE 2014 POINSETTIA FIRE FOR PERMANENT REPAIRS DEPT. DIRECTOR ^ CITY ATTORNEY CITY MANAGER % RECOMMENDED ACTION Adopt Resolution No. appropriating funds. 2014-180 terminating the continued state of a local emergency and 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. At the City Council meetings of June 3, 2014, June 17, 2014, June 24, 2014 and July 8, 2014 Council proclaimed the continuing existence of the May 20, 2014 Declaration of Local Emergency. At the City Council meeting on June 10, 2014 Council approved the designation and authorization of agents to act on behalf of the city in the processing of disaster claims for the purpose of obtaining certain state and/or federal assistance related to the 2014 Poinsettia Fire. At the City Council meeting on June 24, 2014 Council approved the appropriation of $1,000,000 from the General Fund balance to offset departmental costs related to the 2014 Poinsettia Fire. The appropriation covered citywide costs that were incurred during the incident period from May 14, 2014 through May 17, 2014 as well as temporary repairs of damage or clean-up that occurred within the first 30 days after the close of the incident. DEPARTMENT CONTACT: Celia A. Brewer 760-434-2891 celia.brewer(S)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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • Page 2 Staff has determined that there will be no need to enter into emergency contracts to cover damage repairs, assessments, mitigation measures and erosion control measures to further prevent perilous damage and to ensure the health and safety of the citizens of Carlsbad. All of the remaining work can be completed following the contracting requirements of the purchasing ordinance and State law. In addition, staff has found that conditions are now within the control of normal protective services, personnel and equipment of the city. 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. Staff is requesting an additional $1,500,000 from the General Fund balance to begin permanent repairs on city owned property that sustained damage from the 2014 Poinsettia Fire. The appropriation will cover costs that will permanently repair landscaping, buildings and infrastructure damages, as well as open space erosion control at various city locations. Below is a breakdown of the estimated costs for the permanent repairs: City of Carlsbad Appropriations for Permanent Repairs of the Poinsettia Fire Open Space (fencing, erosion control) $ 550,000 Parks & Recreation (landscaping, infrastructure at various locations) 610,000 Public Works (landscaping, building repairs at various locations) 340,000 $ 1,500,000 This will bring the total appropriations associated with the Poinsettia Fire to $2,500,000. There is the potential for partial reimbursement of these cost from either state and/or federal agencies as well as from the city's insurance carrier for damages to city properties. 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. 2014-180 2. Declaration of Local Emergency dated May 14, 2014 1 2 RESOLUTION NO. 2014-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TERMINATING THE DECLARATION OF LOCAL EMERGENCY AND APPROPRIATION OF FUNDS 4 RELATED TO THE 2014 POINSETTIA FIRE FOR PERMANENT REPAIRS 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, on June 3, 2014, June 17, 2014, June 24, 2014 and July 8,2014 the City Council proclaimed the continuing existence of a local state of emergency by Resolution No's. 2014-115, 2014-126, 2014-157 and 2014-170; and WHEREAS, on June 10, 2014 the City Council designated and authorized agents to act on the behalf of the City of Carlsbad in the 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 clean up occurring within the first 30 days after the end of the incident with ended on May 17, 2014; 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 3 1 WHEREAS, staff has determined that all remaining contracts for recovery work 2 can be completed under the standard purchasing ordinance and in accordance with State law 3 there is no longer a need for the continued state of emergency under Public Contract code section 4 22050; and 5 WHEREAS, the City of Carlsbad has filed a notice of interest regarding applying 6 for federal and state disaster assistance in conjunction with the Declaration of Local Emergency filed on May 20, 2014. 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. The declaration of emergency is terminated according to State law. 3. That the Administrative Services Director is hereby authorized to appropriate one million five hundred thousand dollars ($1,500,000) from the General Fund balance to cover the cost of permanent repairs related to the Poinsettia Fire. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// /// /// /// 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 22nd day of July 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL Mayor ATTEST: BARBARA ENGLESON, Gity Clerk v\\»"""//. /Yf?/hl 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 inmiediate action to prevent or mitigate the loss or in^airment 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 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 durmg 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: ^ Steven R/Sarkozy, City Managi City of Carlsbad, Califomia