HomeMy WebLinkAbout2008-03-18; City Council; Resolution 2008-0841
RESOLUTION NO. 2008-084
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE
CONTINUATION OF A LOCAL EMERGENCY.
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WHEREAS, on January 7, 2008 a sinkhole and separated waterline were
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discovered; and6
7 WHEREAS, the sinkhole is creating restricted public and emergency services
8 access to 2402 Tamarack Avenue; and
9 WHEREAS, as a result of isolating the waterline the facility has no active fire
10 hydrants for fire protection; and
11 WHEREAS, emergency repairs are needed to mitigate further damage to the
12 existing sewer system thereby eliminating the potential for a sewer spill creating public
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health and safety concerns; and
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WHEREAS, in addition, continued expansion of the sinkhole would eventually
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create substantial impacts to Tamarack Avenue, its use and the remaining utilities in the
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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
21 essential public services"; and
22 WHEREAS, staff has determined that the damage to City water and sewer lines
23 as well as the threat to Tamarack Avenue meets the criteria for an emergency as
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defined in Public Contract Code Section 1102, and
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WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad
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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
4 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, on February 19, 2008, staff declared a continuing state of Local
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Emergency and $750,000 was authorized to be appropriated from Council contingency8
g for the repair efforts; and
10 WHEREAS, on March 4, 2008, staff declared a continuing state of Local
11 Emergency; and
12 WHEREAS, the Council has received the necessary information and update in
13 order to evaluate the continuing need for a local state of emergency; and
WHEREAS, it is the intent of the City Council to do all things necessary to
15 effectuate this intent,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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1Q 1. That the above recitations are true and correct.
20 2. There is a need to continue the state of the local emergency declared
21 Tuesday, February 5, 2008, by adoption of Resolution No. 2008-026, which need
22 includes mitigation of property damage, placement of erosion control devices and
23 construction and placement of other devices.
24 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 the
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1 emergency and to obtain the maximum cooperation and assistance both financial and
2 otherwise in responding to this emergency.
3 4. That every fourteen days the City Manager shall review with City Council
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the emergency actions taken to date and determine the need to continue the
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emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of March, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
EORRATNE M. WOOD, City^