HomeMy WebLinkAbout2008-02-05; City Council; Resolution 2008-0261 RESOLUTION NO. 2008-026
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROCLAIMING THE
3 EXISTENCE OF A LOCAL EMERGENCY.
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5 WHEREAS, on January 7, 2008 a sinkhole and separated waterline were
6 discovered; and
7 WHEREAS, the sinkhole is creating restricted public and emergency services
8 access to 2402 Tamarack Avenue; and
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WHEREAS, as a result of isolating the waterline the facility has no active fire
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hydrants for fire protection; and
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WHEREAS, emergency repairs are needed to mitigate further damage to the
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existing sewer system thereby eliminating the potential for a sewer spill creating public
14 health and safety concerns; and
15 WHEREAS, in addition, continued expansion of the sinkhole would eventually
16 create substantial impacts to Tamarack Avenue, its use and the remaining utilities in the
17 street; and
18 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a
19 sudden, unexpected occurrence that poses a clear and imminent danger, requiring
20 immediate action to prevent or mitigate the loss or impairment of life, health, property, or
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essential public services"; and
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WHEREAS, staff has determined that the damage to City water and sewer lines
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as well as the threat to Tamarack Avenue meets the criteria for an emergency as
25 defined in Public Contract Code Section 1102, and
26 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad
27 Municipal Code gives the City Manager authority to declare a public emergency subject
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1 to confirmation by the city council, by four-fifths vote at its next regularly scheduled
2 meeting following the declaration of the emergency; and
3 WHEREAS, said local emergency continues until the sinkhole and all associated
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components and conditions have been restored and declared abated by order of the
5 City Manager and City Council; and
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WHEREAS, it is the intent of the City Council to do all things necessary to
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effectuate this intent,8
9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
10 Carlsbad, California, as follows:
11 1. That the above recitations are true and correct.
12 2. That the foregoing constituted an emergency situation requiring immediate
i 3 action which could not reasonably wait for the next regularly scheduled meeting of the
14 City Council of the City of Carlsbad and required that the City dispense with the formal
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bidding process.
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3. That the City Manager or her designee is authorized and directed to
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complete and file all appropriate forms and documents necessary to abate the18
j9 emergency and to obtain the maximum cooperation and assistance both financial and
20 otherwise in responding to this emergency.
21 4. That every fourteen days the City Manager shall review with City Council
22 the emergency actions taken to date and determine the need to continue the
23 emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
CLAUDE A (LEWIS, Mayor
ATTEST:
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