HomeMy WebLinkAbout2005-03-15; City Council; Resolution 2005-077RESOLUTION NO. 2005-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE
OF A LOCAL EMERGENCY AND REQUESTING ASSISTANCE
AND CONCURRENCE FROM THE OFFICE OF EMERGENCY
SERVICES IN RESPONDING TO SUCH EMERGENCY.
WHEREAS, on March 8, 2005, the City Manager of the City of Carlsbad
proclaimed the existence of a local emergency due to the existence and continued and
threatened existence of a local emergency in Carlsbad resulting from the extreme rains
and earth movement; and
WHEREAS, on February 23, 2005, the City Manager had previously
declared a local emergency resulting from the conditions of extreme peril to safety of
persons and property which had arisen within the City of Carlsbad caused by the
torrential rain which began on the 7'h of January, 2005; 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, the City Council does hereby ratify the proclamations of the
existence of a local emergency (attached as Exhibits A and B) declared by the City
Manager on February 23,2005 and March 8,2005; and
WHEREAS, said local emergency continues until the torrential rains and
resulting earth movement have abated; and
WHEREAS, it is the intent of the City Council to seek the maximum aid,
comfort and restitution of its citizens who are victims of this calamity; and
1
WHEREAS, it is the intent of the City Council to do all things necessary to
effectuate this intent,
NOW, THEREFORE, IT IS PROCLAIMED THAT:
1.
2.
3.
That the above recitations are true and correct.
A local emergency now exists throughout Carlsbad.
That the City civil defense and disaster council operating by and
through the emergency operations plan and the 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.
4. 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.
5. Said emergency continues to exist until declared abated by order of
the City Manager and City Council.
6. It is further ordered that a copy of this Resolution be forwarded to
the State Director of the Office of Emergency Services with a request that it find it
acceptable in accordance with the provisions of the Natural Assistance Act, the
Emergency Response and Services Provisions of the Government Code of the State of
California and such other applicable provisions of the laws of the State of California.
2
PASSED, APPROVED AND ADOPTED at an emergency meeting of the
City Council of the City of Carlsbad pursuant to Government Code section 54956.5 held
on the day of March , 2005 by the following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
ATTEST:
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DECLARATION OF LOCAL EMERGENCY
IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES
WHERAS, 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 Carlsbad, California does hereby find: I
That conditions of extreme peril to the safety of persons and property have arisen within the
City of Carlsbad caused by torrential rain which began on the 7th day of January, 2005.; and -_ __ ._
That these conditions created unexpected occurrences that posed 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, personnel,
equipment and facilities of the City of Carlsbad; and
That these conditions did 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, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local
emergency, the powers, hctions 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.
City o’f’ Carlsbad, California
EXHIBIT A
7606028553 FINANCE DEPT CITY OF CARLSBAD 01 :41:56 p.m. 03-14-2005 1 /I
DECLARATION OF LOCAL EMISKGENCY TN ORDER TO TMMlIDTATELY PROCURE EQUIPMENT, SERVICES AND
SUPPLIES
WHEREAS, the City Council of the City of Carlsbad cmpowcrs the City
Manager to proclaim thc cxistcncc oTa local emergency when said City is affected by a
public: calmily and the CityCkwzciL is not in session: and ~~ ~~
WHEREAS, lhe City Manager of the City of Carlsbad, California does hereby
lind:
That conditions of extreme peril to the safety of persons and propcrty haw ariscn
within the City of Carlsbad causcd by torrential rain which began on the 7"' day of
January, 2005, md stthsequent events of earth movement and slope instability: aid,
Thai lhese conditions created unexpected occurrences that pose a clear aid
imminent danger and rcquircd immcdiatc action to prevent OT mitigate lhe loss or
impairmcnl of-lik? health property, or essential public sei-vices, and are or are likely to
he beyond the control of the serviccs, pcrsonncl, cquipmcnt facilities ol 1he Cily of
Cilrlsbad; and
That thcsc conditions did not pernit a delay resulting from a competitive
solicitation Tor bids, and that the action is necessary to respond to thc cmcrgcncy; and
That lhe City Coimcil of the City of Carlsbad was not in session and could not
immediately be called into scssion.
NOW, TTTEl"E:FOKE, 1'1 IS HIiWI3Y PROCLAIMED that a local cmcrgcncy
now exists throughout thc Cily oT Carlsbad, California; and
TT TS l~UKlklliK PROCLAIMED AND ORDERED lhal during the existence of
said locd cmcrgmcy, the powers, hnctions, and duties of the emergency organization of
the City of Chrlsbad are those prcscribcd by statc law, by ordhnces and resolutions or
the City of Carlsbad Emergency Plan.
~ .ni# R. patch&, City Manager
fjhy o larlsbad, California
EXHIBIT B