HomeMy WebLinkAbout2007-07-10; City Council; Resolution 2007-178Igl
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Exhibit A
RESOLUTION NO. 2007-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CONFIRMING STAFF
ACTIONS AND WAIVING BIDDING PROCEDURES AS
SET FORTH IN CARLSBAD'S PURCHASING
ORDINANCE SECTION 3.28.130; AND AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO PAY FOR
ALL EQUIPMENT, SERVICES AND SUPPLIES RELATED
TO THIS EMERGENCY
WHEREAS, on July 6, 2007, the City Manager of the City of Carlsbad
proclaimed the existence of a local emergency in Carlsbad resulting from a
airplane accident at the Crossings at Carlsbad Municipal Golf Course on July 3,
2007; and
WHEREAS, Pubic Contract Code section 1102 defines emergency
as "a sudden, unexpected occurrence that poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or impairment of life,
health or property, or essential public services"; and
WHEREAS, on July 3, 2007 the County of San Diego issued a Notice
of Violation and ordered Southwest Consulting Group Inc., the owner of the
airplane, to immediately contract with a licensed hazardous waste contractor for
proper removal and disposal of contaminated soil; and
WHEREAS, CTC Services Aviation (LAD Inc.), an independent
claims management company that adjusts losses insured by U.S. Specialty
Insurance Company, the company providing flight insurance for Southwest
Consulting Group, initially contracted with NRC Environmental Services for the
cleanup, but subsequently reneged on its authorization; and
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WHEREAS, it was therefore necessary for the City, as land owner, to
authorize payment of NRC Environmental Services for the cleanup of the
hazardous waste and debris; and
WHEREAS, in the event of an emergency, Section 3.28.130 of the
Carlsbad Municipal Code gives the City Manager authority to declare a public
emergency and take action to procure any necessary equipment, services and
supplies, without adopting the plans, specifications, or working details or giving
notice of bids to let contracts, subject to confirmation by the City Council, by a
four-fifths vote at its next regular meeting following the declaration of the
emergency.
WHEREAS, on July 6, 2007 the City Manager declared a Local
Emergency and authorized NRC Environmental Services to proceed with the
cleanup; and
WHEREAS, current estimates are that the cost for the mitigation,
transportation and disposal of hazardous materials will be approximately
$500,000.
NOW, THEREFORE, IT IS PROCLAIMED THAT:
1. That the above recitations are true and correct.
2. That the City Manager or his designee is authorized and
directed to abate the emergency and the rules requiring notice and advertisement
of bidding for such contracts shall likewise be suspended during the term of the
emergency which will be revisited at the next regular Council meeting pursuant to
Public Contract Code section 22050.
3. The sum of $ 500,000 is appropriated to pay for the mitigation,
transportation and disposal of the hazardous materials.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Nygaard.
NOES: Council Member Packard.
ABSENT: None.
JLALTDE A IfEWIS, Mayor
ATTEST:
RR/WEM. WOOD, City Clerk "//