HomeMy WebLinkAbout2008-04-01; City Council; Resolution 2008-0941
RESOLUTION NO. 2008-094
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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
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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
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components and conditions have been restored and declared abated by order of the
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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 and staff declared a continuing state of Local
11 Emergency; and
12 WHEREAS, on March 18, 2008 staff declared a continuing state of Local
13 Emergency; and
14 WHEREAS, the Council has received the necessary information and update in
15 order to evaluate the continuing need for a local state of emergency; 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,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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2Q Carlsbad, California, as follows:
21 1. That the above recitations are true and correct.
22 2. There is a need to continue the state of the local emergency declared
23 Tuesday, February 5, 2008, by adoption of Resolution No. 2008-026, which need
24 includes mitigation of property damage, placement of erosion control devices and
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construction and placement of other devices.
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3. That the City Manager or her designee is authorized and directed to
2 complete and file all appropriate forms and documents necessary to abate the
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emergency and to obtain the maximum cooperation and assistance both financial and
4 otherwise in responding to this emergency.
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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
8 emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 1st day of April, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST: