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Home My WebLink About2005-12-06; City Council; Resolution 2005-349RESOLUTION NO. 2005-349 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 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 I 3 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 City Council did not meet on November 22,2005 as there was a quadrant meeting during which the City Council takes no action; and WHEREAS, the City Council did not meet on November 29, 2005 since that is the fifth Tuesday and the next available City Council meeting date was December 6, 2005 and the matter was immediately taken up, this resolution is adopted nunc pro tunc effective as of November 22,2005; 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 2 4 adoption of Resolution No. 2005-225, continued on August 9, 2005 by adoption of Resolution No. 2005-247, continued on September 6, 2005 adopted nunc pro tunc effective August 30, 2005 by adoption of Resolution No. 2005-276, continued on September 20, 2005 by adoption of Resolution No. 2005-287, continued on October 18, 2005 by adoption of Resolution No. 2005-310, and further continued on November 8, 2005 by adoption of Resolution No. 2005-327 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, THEREFOREl 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, 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, continued on September 6, 2005 adopted nunc pro tunc effective August 30, 2005 by adoption of Resolution No. 2005-276, continued on September 20, 2005 by adoption of Resolution No. 2005-287, continued on October 18, 2005 by adoption of Resolution No. 2005-31 0, and further continued on November 8, 2005 by adoption of Resolution No. 2005-327 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 em erg en cy. 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 4 6 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 December , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None n ATTEST 5 7 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 oEa 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: That conditions of extreme peril to the safety of persons and property have arken with 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 dag,= and required immediate action to prevent or mitigate the loss or impairment of life, health, propew 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 PROCLAIIVE~D 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, functions and duties of the emergency organization of the City of Carisbad, are those prescribed by state law, by ordinances and resolutions of the City of CarIsbad Emergency Plan. Dated: s EXHIBIT A L .. DECLARATION OF LOCAL EMERGENCY TN bRDER TO TMMEDJA'l'ELY PKOCURE EQUIPMENT, SERVICES AND SUPPLlES b WHEREAS, the City Council of the City of.Carlsbad cmpowcrs thc City M'magcj to proclaim tbc cx:xiSloncc of a local emergency when mid' City is affected by a www- -. .. . *Isessi4?d wHEREI\S. he City Manager of the City of Carlsbad. California docs heItby find: That conditions of mtirmc peril to the safety of pcrsons and propcrty hvc ariscn within the City of Carfsbad causcd by torrential rain which began on the 9 Jay of Jm.my, 2005, and suhssquent events of earth movenitnt and slope instability: and, 'That hest? conditions created unexpected occurrences that pose a clcar and irnmincot danger and rcquircd immcdiatc action to prevent or mitigate the loss or impairment ofliJiip health , proptys or CSSOI~~O~ public scivicw, shd arc or are Iikely to he kyond the control of the scnriccs, pcrsod, cquipmmt liacililitu OT the City or Ciuhbad;md . 'lhat thcsc conditions did WI permit a dchy resulting froin a competitive That the Cily Council of the City of Corkbad was not in session and wuld not r~cncy~-~-~ __ - soIicitation ~,F-~~~$-~~€h~~~~~~~~~c ct c immcdiotcly be called into scssion. I NOW, TIIET<EFOW, 11- 1s I-UXEBY PROCLNMED that a locd emergcncy now exists throughout thc Cily of Cabbad, California; and ' IT 'IS I'UK'L'klElZ PROCLAIMED AND ORDERED thnl during the misim~ce of said locd cmcrgency, the powers, functions, niid duties of the emergency organization of the City of Cnrlsbad arc those prcscribcd.by statc law, by ordincmces and r~~~lulions of the City of Carlsbad Emergency Ma. I , , By: -F=L -.- . - Ilated: 3 / a/o 5. _. . EXHIBIT B