HomeMy WebLinkAbout2007-03-06; City Council; Resolution 2007-0481
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RESOLUTION NO. 2007-048
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 7th 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
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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 City Council did not meet on October 24, 2006 and
did not meet on October 31, 2006 since that was the fifth Tuesday and the next
available City Council meeting date was November 7, 2006 and the matter was
immediately taken up, this resolution is adopted nunc pro tune effective as of
October 24, 2006; 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, continued
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on September 6, 2005 adopted nunc pro tune 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, continued on November 8, 2005 by adoption of
Resolution No. 2005-327, continued on December 6, 2005 adopted nunc pro tune
effective November 22, 2005 by adoption of Resolution No. 2005-349, continued
on December 13, 2005 by adoption of Resolution No. 2005-372, continued on
January 10, 2006 adopted nunc pro tune effective January 3, 2006 by adoption of
Resolution No. 2006-005, continued on January 24, 2006 by adoption of
Resolution No. 2006-014, continued on February 14, 2006 by adoption of
Resolution No. 2006-035, continued on March 7, 2006 by adoption of Resolution
No. 2006-051, continued on March 28, 2006 by adoption of Resolution No. 2006-
073, continued on April 18, 2006 by adoption of Resolution No. 2006-098,
continued on May 9, 2006 by adoption of Resolution No. 2006-122, continued on
June 6, 2006 adopted nunc pro tune effective May 30, 2006 by Resolution No.
2006-136, continued on June 20, 2006 by adoption of Resolution No. 2006-167,
continued on July 11, 2006 by adoption of Resolution No. 2006-191, continued on
August 1, 2006 by adoption of Resolution No. 2006-221, continued on September
12, 2006 adopted nunc pro tune effective August 22, 2006 by Resolution No.
2006-267, continued on October 3, 2006 by adoption of Resolution No. 2006-289,
continued on November 7, 2006 by adoption of Resolution No. 2006-308, and
further continued on December 5, 2006 adopted nunc pro tune effective November
28, 2006 by Resolution No. 2006-351, and further continued on January 9, 2007
by adoption of Resolution No. 2007-007 adopted nunc pro tune effective
December 26, 2006, continued on February 6, 2007 by adoption of Resolution No.
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2007-024 adopted nunc pro tune effective January 30, 2007 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. 2005-124, 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 tune 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, continued on November 8, 2005 by adoption of
Resolution No. 2005-327, continued on December 6, 2005 adopted nunc pro tune
effective November 22, 2005 by adoption of Resolution No. 2005-349, continued
on December 13, 2005 by adoption of Resolution No. 2005-372, continued on
January 10, 2006 adopted nunc pro tune effective January 3, 2006 by adoption of
Resolution No. 2006-005, continued on January 24, 2006 by adoption of
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Resolution No. 2006-014, continued on February 14, 2006 by adoption of
Resolution No. 2006-035, continued on March 7, 2006 by adoption of Resolution
No. 2006-051, continued on March 28, 2006 by adoption of Resolution No. 2006-
073, continued on April 18, 2006 by adoption of Resolution No. 2006-098,
continued on May 9, 2006 by adoption of Resolution No. 2006-122, continued on
June 6, 2006 adopted nunc pro tune effective May 30, 2006 by Resolution No.
2006-136, continued on June 20, 2006 by adoption of Resolution No. 2006-167,
continued on July 11, 2006 by adoption of Resolution No. 2006-191, continued on
August 1, 2006 by adoption of Resolution No. 2006-221, continued on September
12, 2006 adopted nunc pro tune effective August 22, 2006 by Resolution No.
2006-267, continued on October 3, 2006 by adoption of Resolution No. 2006-289,
continued on November 7, 2006 by adoption of Resolution No. 2006-308, and
further continued on December 5, 2006 adopted nunc pro tune effective November
28, 2006 by Resolution No. 2006-351, and further continued on January 9, 2007
by adoption of Resolution 2007-007 adopted nunc pro tune effective December 26,
2006, continued on February 6, 2007 by adoption of Resolution No. 2007-024
adopted nunc pro tune effective January 30, 2007 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
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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 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.
Ill
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 6th day of March, 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Sigafoose
CLAUDE'AIEWIS, Mayor
ATTEST:
(SEAL)
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 of a 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 arisen within 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 danger
and required immediate action to prevent or mitigate the loss or impairment of life, health, property,
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 hi 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, 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: February 23, 2(
IR. Patchett, City Manager
City oT Carlsbad, California
EXHIBIT A
DECLARATION OP LOCAL KMKRCJENCV
IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND
SUPPLIES
WHEREAS, the City Council of the City of Carlsbad empowers the City
Mmaier1 to proclaim the existence of* local emergency when mid" City is affected by •
*'l T t n irvrl"n' Bn>*
WHEREAS, the City Manager of the City of Carhbad, California does hereby
find:
Th»l condition* of extreme peril to the safety of person* and property have amen
within the Chy of Carbbad caused by torrential rain which beyitn on the 7* day or
January, 2005, and Kuhroquent events of earth movement and slope instability: and.
'That OIKOUS conditions created unexpected oc currences that pose a clear and
imminent danger and required immediate action to prevent or nitioaUi Out Jo** or
impairment of life, hoaUh , property, or cssentict public services, and ate or are likely to
he beyond the control of the services, personnel, cquipnicnl and iadlities of the City of
Carlsbad; and
That these conditions .did not permit a deluy resulting from a competitive
solicitation fof-bid^-and-that-thfrBeltotHs neccjsary to je*puud iu Ite cinnrgEKyi »nd"
Thai the Cily Council of the Chy of Carlsbad w« not b session and could not
immediately be called into session. .
NOW. TIIERBFORU. IT IS HiiREBY PROCLAIMED tbata local emergency
now exists throughout the City ofCarUbad, CuliTomwi; and
rt IS 1-TJKTf iiiR PROCLAIMED AND ORDERED Uul during the exwlenc. of
said local emergency, (he powers, Functions, and duties of the emergency organization of
the City of Carlsbad are those prescribed, by state law, by ordinances and resolutions of
tke Chy of Carlsbad Emergency Plan.
Dated:
R. Patched, City Manager
irisbod, California
EXHIBIT B