HomeMy WebLinkAbout2005-07-19; City Council; Resolution 2005-2251
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RESOLUTION NO. 2005-225
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 AND
APPROPRI AT1 NG ADDITIONAL FUNDS.
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 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
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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, continued on April 26, 2005 by adoption of Resolution No.
2005-124, continued on May 17, 2005 by adoption of Resolution No. 2005-160,
continued on June 7, 2005 by adoption of Resolution No. 2005-180, and further
continued on June 28, 2005 by adoption of Resolution No. 2005-210 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.
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
That the above recitations are true and correct.
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No. 2005-124, and further continued on May 17, 2005 by adoption of Resolution No.
2005-160, continued on June 7, 2005 by adoption of Resolution No. 2005-180 and
further continued on June 28, 2005 by adoption of Resolution No. 2005-210 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.
Said emergency continues to exist until declared abated by order of 6.
the City Manager and City Council.
7. It is further ordered that the Emergency Preparation Coordinator
forward a copy of this Resolution 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.
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8. That the City Manager is hereby authorized to appropriate two
million four hundred fifty-eight thousand dollars ($2,458,000) from the General Fund fund
balance to cover the costs of current as well as future emergency repair work.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 19th day of July ,2005 by the
following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
LOmAlNE h4. WOOD
City Clerk
7
DECLARATION OF LOCAL EMERGENCY IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVJCES AND SUPPLIES
WHERAS, tbe City Council of the City of Carlsbad empowers the City Manager to pmctaim
the existence of a local emergency when said City is af€ccted by a public calamity and the cjv
Council is not in session; and
WHEREAS, the City Manager of the City Carlsbad, California does hereby find:
That conditions of extreme ped 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 unexpcted occurrences that posed a clear and imminent danger and required immediate action to prevent or mitigate the loss or impairment of life, health, prop-,
or essentia1 public services, and are or are likely to be beyond the control of the services, personnel,
equipment and facilities of the City of CarJsbad; and
That these conditions did not permit a delay resulting hm a competitive solicitation for bids,
That the City Council of the City of Carlsbad was not in session and could not immediately
and that the action is necessary to respond to the emergency; and
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 existerm of said Iocal
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:
8 EXHIBIT A
DECLARATION OF LOCAL EMERGENCY
I" hDER TO IMMEDTATELY PROCURE EQUIPMENT, SERVICES AND
SUPPLIES L
WHEREAS, the City Council of the City of Carlsbacl cmpowcrs thc City
Manager to proclaim thc cxistcncc of a local emergency when said City is affected by a
wHEREI\S. the City Manager of the City of Carlsbad, California does bcreby
find:
Thal conditions of extmnc peril to the safety of pcrsons and propcrty haw ariscn
within the City of Carlsbad causcd by torrential rain which began on the 9 day of Janwy, 2005, and suhsquen t events of earth movenient and slope instability: and,
That these conditions created unexpected occurrences that pose a clear and
imrnincat danger and rcquircd immcdiatc action to prevenl OT mitigate the loss ur impairmcnl dIilk? hecrlrh , property, or esseiitial public seivices, and arc or arc liktly to
he beyond the control of the scrviccs, pcrsoml, cquipmcnt and I'acilities oI' lhe Cily of
Crulsbd; and
That thcsc conditions did not pennil a delay resulting fhm a competitive
solicitelion Tor bids, and that the oction is necessary to rcspotid to thc ctncrgcncy; and
That the City Council of the City of Cnrlsbad was not in session and could not
irnrncdiately be called into scssion.
NOW, VIEREFOW. IT IS HlXLDY PROCLAIMED that a local emcrgmcy
now exists throughout thc Cily of-CarIsbad, Calirornia; and '
IT IS I;UK'I'kU PROCLAIMED AND ORDERED lhrt during the existence of
said locd cmcrgency, [he powers, functions, and duties of the emergency organization of
the City of Cnrlshad are those prcscribcd by statc law, by ordin'wces ilnd resolutions or
the City of Carlsbad Emergency Mm.
By:
-I=.
Ilated: 3 / s/0.-5.
EXHIBIT B