HomeMy WebLinkAbout2005-09-06; City Council; Resolution 2005-2761
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EXHIBIT 1
RESOLUTION NO. 2005-276
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 7fh 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,
4 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 City Council did not meet on August 30,2005 as there was
no quorum present and the next available City Council meeting date was September 6,
2005 and the matter was immediately taken up, this resolution is adopted nunc pro tunc
effective as of August 30,2005; 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, continued on June
28, 2005 by adoption of Resolution No. 2005-210, continued on July 19, 2005 by
adoption of Resolution No. 2005-225, and further continued by adoption of Resolution
No. 2005-247 at its meeting of Tuesday, August 9, 2005 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
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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.
That the above recitations are true and correct.
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. 2005-124, 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 continued
on June 28, 2005 by adoption of Resolution No. 2005-210, continued on July 19, 2005
by adoption of Resolution No. 2005-225, and further continued by adoption of Resolution
No. 2005-247 at its meeting of Tuesday, August 9, 2005 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
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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 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.
EFFECTIVE DATE: This resolution is effective nunc pro tunc as of August
30, 2005.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 6th day of SEPTEMBER , 2005 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Packard, Sigafoose
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DECLARATION OF LOCAL EMERGENCY
uy ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES
WmS, the City Council of the City of Carlsbad empowers the City Manager to mclajm
fie existence of a local emergency when said City is dected by a public calamity and the city
council is not in session; and
WEREAS, 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 bv torrential rain which began on the 7th day of January, 2005; and
That these conditions created unexpected occurrences that posed B clear and imminent danger
ad required immediate action to prevent or mitigate the loss or impahent of life, health, prop-
or essential public services, and are or are likely to be beyond the control of the services, penomel:
equipment and facilities of the City of Cadsbd; 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 Cadsbad,
we those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency
Plan.
d R. Patiheit, city Manager California
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0 EXHIBIT A
..
DECLARATION OF LOCAL EME'HOENCY
SUPPLnB
JIV ~IRDER TO TMMEDJA'I'ELY PROCURE EQUIPMENT, SERVICES AND
(I
WHEREAS, the City COUAC~~ of the City of Carlsbad cmpowcrs thc City
' ses5be ----- . .. . M'anager to proclaim thc cxktcncc oC a 10~x11 emergency when said City is affected by a
a.
WHEREAS. the City Manager of the City of Carlsbad, California does hereby
find:
That conditions of extirrnc peril to the safety of persons and propcrty bvc ariscn
within the City of Carlsbad causcd by torrential rain which began on the day of
January, 2005, and subsequent events of earth movenlent and slope instability: and,
Thst hese conditions created unexpected occurrences that pose a clear and
imminent danger and rcquircd immcdiatc action tu prevent or mitigale the loss or
impainncni OK lire., haitlih , property, or essential public seivices, and arc or are likely to
be beyond the control of the services. pcrsonncl, cquipmmt and lLililies ol' Ihe Cily of
Carlsbd;md .
lhat thcsc conditions did ~WI pmit a delay resulting from a comptitive
solicitation Tor bids, and that the nction is iiccessary to respond to thc ctncrgcncy; and
That the Ciiy Council of the City of Cnrlsbad was not in session and could not
immediately be called into scssion.
NOW, TlIElWWlW, I'l' IS HEWDY PROCLNMED tbat a local cmcrgmcy
now exists throughout thc City ol'Carlsbad, Cdiromia; and '
IT JS IWK'IkWK YROCLNMED AND ORDERED that during the exislaice of
said locd cmcrgency, the powers, fbnctions, and duties of the emergency organization of
the City of Carlsbad are those prcscribcd by statc law, by ordin'mces and r~~~lu~ion~ of
the City of Carlsbad Jhergency Man.
By:
-fL
Ilated:
EXHISIT 6