HomeMy WebLinkAbout2005-05-17; City Council; Resolution 2005-1601
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RESOLUTION NO. 2005-160
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, the City Council declared a local state of emergency on
March 15, 2005 by Resolution No. 2005-077; and
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 6) 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
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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
WHEREAS, it is the intent of the City Council to do all things necessary to
effectuate this intent; and
WHEREAS, state law requires the City Council to review the need for
continuing the state of local emergency at least every 21 days pursuant to Government
Code section 8630(c)(2) and that the Council shall proclaim the termination of the local
emergency at the earliest possible date that 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
WHEREAS, even though the actual flooding and extreme rains have now
stopped, there is need to continue the state of local emergency declared on March 15,
2005 by adoption of Resolution No. 2005-077, continued on April 5, 2005 by adoption
of Resolution No. 2005-099, and further continued on April 26, 2005 by adoption of
Resolution No. 2005-1 24, requiring damage repairs, assessments and mitigation
measures, erosion control measures and other measures in order to prevent further
perilous damage and to ensure the health and safety of the citizens of Carlsbad; and
WHEREAS, the City of Carlsbad intends to file a notice of interest
regarding applying for federal and state disaster assistance in conjunction with the
Declaration of Local Emergency filed on March 15, 2005,
NOW, THEREFORE, IT IS PROCLAIMED THAT:
1. That the above recitations are true and correct.
2. There is a need to continue the state of the local emergency
declared Tuesday, March 15, 2005, by adoption of Resolution No. 2005-077, April 5,
2005 by adoption of Resolution No. 2005-099, April 26, 2005 by adoption of Resolution
No. 2005-1 24 which need includes mitigation of property damage, placement of erosion
control devices and construction and placement of other devices.
3. The need for this continuing declaration shall be reviewed within 21
days in accordance with state law.
4. 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.
5. 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 in order to protect the health, safety and
welfare of the citizens of Carlsbad and the rules requiring notice and advertisement of
bidding for such contracts shall likewise be suspended during the term of the
emergency.
6. Said emergency continues to exist until declared abated by order of
the City Manager and City Council.
7. 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
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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.
8. That the City Manager is hereby authorized to appropriate one
million six hundred thousand dollars ($1,600,000) from the General Fund balance to
cover the costs of future emergency repair work.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 17th day of May ,2005 by
the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
MATT HALL, Mayor Pro-Tem
ATTEST:
City Clerk
c
I'
DECLARATION OF LOCAL EMERGENCY
IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES
7KHERAS, tbe City Council of the City of Carisbad anpouners the Ci Manager to proclaim
the existence of a local emergency when said City is afkdal by a public calamity and the City
Council is not in session; and
WHEREAS, the City Manager of the City CarIsbad, Cafifda does hcreby find: t
That conditions of extreme peril to the dety of per so^ and property have arisen within the
That these conditions CCQltcd unexpected - that pod a ckar aDd imminent danga
and required immediate action to prevent or xnitigak tbe loss or impniment of life, health, prom,
or essential public services, and arc oc aae likely to be beyond the control of the services, pcrsozmtl,
equipment and facilities of the City of CarlsW, and
Tbt these conditions did not permit a delay dting from a competitive solicitntion for bids,
That the City Council of the City of Carlsbad WBS not in &on and could not immediately
__ CityofCar~~ca-_uscdbytorrcntialrainwhichbeganonthe7thdayofJanuary,2005;and . __ - ---
and that the action is necessarytorespoed tothe emergarcy; and
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be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists
throughout the City of Carlsbad, Cnlifornia; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local
emergency, the powers, functioas and duties of the emergency organization ofthe City of Carlsbad,
are those prescribed by state law, by ordhnccs and res01ulions of thc City of Carlsbad Emcrgcncy
Plan. :
EXHfBlT A
7605028663 FINANCE DEPl ClTV OF CARLSBAD 01:41:66 p.m. 03-14-2006 l/l
DECLARATION OF LOCAL RMUGMCY ITU ORDER TO IMMICDlA'lXLY PROC'URE EQUIPMENT, SERVICES AND
SUPPLIES
WHEREAS, the City Council of the City of Car&W cmpowws thc City
Manager to proclaim thc cxistam of a local emergency when said City is aW by a . pubk calamity and the CiqdhnciLis not in scssian: and--. . -
WHEREAS. fhe City M;uycr of the City ofCartSbad, CaMbrnia docs hereby Ti
hl conditions of extreme peril to the safity of persons d property haw ariscll within the City of Cdsbad cmwd by tdal rain which began un the ? day of
January, 2005, and subsequent events of ewth movcmcnt and slop instability: ad,
That hava uditions cmatcd unnpccttd OCCUIT~~~~S thatposc B clear snd
imminent danger and rcquircd immediate action to pnvent or mitigate the loss 01 offire, health, propmy, or essential public sehdcu, ad arc or BT~ likely to
he ky~nd the control of the wiccs, pcrsonncl. cquipmCnt and L'acilities or the Cily of clulsbad;
l'bat thcsc co~~%tiono did not permil II delay resulting from a competitive
solicitation fur bids, and that the action is necessary to respond to the cmcrgcncy; and
That lho City Council of the City OfGwlsbad was not in session and could not
immediately be called into scssion
NOW, TIEREFOKE, 11' 1s HliREl3Y PROCLNMED that a local cmcrgcncy
now exists throughout thc Ci~y ol'Catlsbad, Cidiliomia; and '
lT TS L'UK'I'HLR PROCLAIMED AND ORDERED ulal during the cnri~lmw of
said local cmcrgency, thu porn, Functions, and duties ofthe emergency organization of
the City of Carlsbd are thost prcscribcd by shltc law. by ord~~ces and resolutions of
the Ciw of Carlsbad Emergency Plw.
By:
F
EXHIBIT 6