HomeMy WebLinkAbout2005-09-20; City Council; Resolution 2005-2871
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EXHIBIT I
RESOLUTION NO. 2005-287
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
xoclaimed the existence of a local emergency due to the existence and continued and
:hreatened 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
jeclared a local emergency resulting from the conditions of extreme peril to safety of
Dersons and property which had arisen within the City of Carlsbad caused by the
:orrential rain which began on the 7'h of January, 2005; and
WHEREAS, in accordance with the laws of the State of California and the
aws of the City of Carlsbad, the City Council declares a state of local emergency exists
:hroughout Carlsbad; and
WHEREAS, the City Council does hereby ratify the proclamations of the
2xistence 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
-esulting earth movement have abated; and
WHEREAS, it is the intent of the City Council to seek the maximum aid,
;omfort and restitution of its citizens who are victims of this calamity; and 3
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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, continued on August 9, 2005 by adoption of
Resolution No. 2005-247, and further continued on September 6, 2005 adopted nunc pro
tunc effective August 30, 2005 by adoption of Resolution No. 2005-276, 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
Lt
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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. 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, May 17, 2005 by adoption of Resolution No. 2005-160, June 7, 2005 by
adoption of Resolution No. 2005-180, June 28, 2005 by adoption of Resolution No.
2005-210, July 19, 2005 by adoption of Resolution No. 2005-225, August 9, 2005 by
adoption of Resolution No. 2005-247, and further continued on September 6, 2005
adopted nunc pro tunc effective August 30, 2005 by adoption of Resolution No. 2005-
276, which need includes mitigation of property damage, placement of erosion control
devices and construction and placement of other devices.
That the above recitations are true and correct.
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 5
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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.
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 20th day of September ,2005 by the
Following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
City Clerk
(SEAL)
6
DECLAITION OF LOCAL EMERGENCY
uy ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVJCES AND SUPPLIES
WHEMS, the City Council of the City of Carlsbad empowers the City Manager to proclaim
fie existence of a local emergency when said City is afiected by a public calamity and the c;~
councit is not in session; and
WHEREAS, the City Manager of the City Cdsbad, California does hereby find:
That conditions of extreme ped to the SafeV of persons and property have arisen within the
City of Cxlsbad caused bv torrential An which began on the 7th day of January, 2005; and
That these conditions created unexpected occurrences that posed a clear and imminent dag=
and required immediate action to prevent or mitigate the loss or impairment of life, health, prop-,
or essential public services, and are DT 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 rdting fiom a competitive solicitation for bids,
That the City Council of the City of Carlsbad was not in session and could not imediarely
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
thoughout the City of Carlsbad, California; and
JT IS FURTHER PROCLAIMED AND ORDERED that during the existeracc of said local
emergency, the powers, fictions and duties of the emergency organization of the City of Carlsbd,
we those prescribed by state law, by ordinances and resolutions of the City of Cadsbad Emergency
Plan.
tity Manager
California
EXHIBIT A -7
.
..
DECLARATION OF LOCAL EIMERCENCY
JlV bRDER TO 1MMEDJATELY PROCURE EQUIPMENT, SERVICES AND SUPPLmi$
b
WHEREAS, the City Council of the City of.CarIsbad cmpowcrs thc Cjv
- lsessioEl;,ann,
M'anagef to proclaim tbc cxktcncc of a 104 emergency when mid City is affictcd by a .. Qld&AhGw--- * .. .
wHEREI\S. (he Ci(y Manager of the City of Carlsbad, Cdfornia docs hereby
find:
That conditions of cxtrcmc peril to tbe safety of pcrsons and propcrty have w-scn
within the City of Carlsbad causcd by torrential rain which began on the day of
Jatmuy, 2005, and suhseyuent events of earth movenient and slope instability: and,
Thst these conditions created unexpected occurrences that pose a clear and
imrnincDt danger and rcquitcd immcdistc action to prevent or mitigatu the loss or
impairmmt ol'lire., haitlth , pmperty, or essential public scivices, and arc or are IjJccIy to
he beyond the control of the sczyiccs, pcrsoml, cquiprncnt and 1Lilities or Ihe City or
Ciulsbad; and
'Iht thcsc conditions did ~U)I permit it delay resulting fmm a comptitivc ~- solicitation hr bids, ad-htt thca&ctmmmxssary ta~ntftothccmrgcncy; and
That lhe City Councit af the City of Cnrlsbad was not in session and could not
immediotcly be called into scssion.
NOW, 77 IERFFOKE, 11' IS WUUY PROCLAIMED that a local orncrgmcy
now exists throughout thc City ol-Carlsbad, Caliromia; and 1
IT IS FUK'I'kUK YROCLNMED AND ORDERED Ihal during the existence of
said local cmcrgency, the powers, functions, and duties of the emergency organization of
the City of Carlshad are those prcscribcd by statc law, by ordin'mces and resolutions of
the City of Carlsbad Emergency Plan.
By:
FL
I Iated: UQ. -<.
EXHIBIT B