HomeMy WebLinkAbout2008-10-07; City Council; Resolution 2008-2841
RESOLUTION NO. 2008-284
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, ACCEPTING THE FINAL
ACCOUNTING AND THE CONTRACT FOR THE LOCAL
4 EMERGENCY REPAIR OF THE SINKHOLE AND STORM DRAIN
PIPELINE FROM 2283 CAMEO ROAD TO EL CAMINO REAL AS
5 COMPLETE AND DIRECTING THE CITY CLERK TO RECORD A
NOTICE OF COMPLETION AND RELEASE BONDS IN
6 ACCORDANCE WITH STATE LAW AND CITY ORDINANCES.
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WHEREAS, on March 1, 2008, a sinkhole and separated storm drain pipeline were
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discovered in a drainage easement located at 2283 Cameo Road; and
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WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo
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Road; and
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WHEREAS, the sinkhole and missing storm drain segment had the potential to
undermine an existing 6-inch potable water pipeline and cause erosion and damage of real
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property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and
14 3817 El Camino Real; and
15 WHEREAS, emergency repairs were needed to mitigate potential damage to the existing
potable water system and further damage to real property; and
17 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
18 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
19 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
20 WHEREAS, staff determined that the potential damage to water lines, as well as the
threat to real property met the criteria for an emergency as defined in Public Contract Code
Section 1102; and22
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
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Code gives the City Manager authority to declare a public emergency subject to confirmation by
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the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
25 of the emergency; and
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1 WHEREAS, said Local Emergency continues until the sinkhole and all associated
2 components and conditions have been restored and declared abated by order of the City Manager
and City Council; and
WHEREAS, on March 7, 2008, the City Manager declared a state of Local Emergency;
_ ando
WHEREAS, on March 18, 2008, City Council confirmed a continuing state of
7 Local Emergency; and
WHEREAS, on April 1, 2008, City Council declared a continuing state of
Local Emergency; and
WHEREAS, on April 15, 2008, City Council declared a continuing state of
Local Emergency; and
12 WHEREAS, on April 22, 2008, City Council declared a continuing state of
13 Local Emergency; and
14 WHEREAS, on May 6, 2008, City Council declared the Local Emergency had been
15 abated and no need for the state of Local Emergency to continue for repairs of sinkhole and storm
15 drain pipeline from 2283 Cameo Road to El Camino Real; and
17 WHEREAS, a final accounting of the project indicate $164,646 was required to mitigate
18 the sinkhole and storm drain pipeline repair; and
19 WHEREAS, the construction of the Storm Drain and Sinkhole Repair between
20 Cameo Road and El Camino Real has been completed to the City's satisfaction by Don Hubbard
21 Construction Company; and
22 WHEREAS, the formal project Notice of Completion has been prepared.
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
24 California, as follows:
25 1. That the above recitations are true and correct.
26 2. That the City Council accepts the final accounting for the repairs of sinkhole and
27 storm drain pipeline from 2283 Cameo Road to El Camino Real.
28 M
1 3. That the Storm Drain and Sinkhole Repair between Cameo Road and El Camino
2 Real, is deemed complete and is hereby accepted by the City Council of the City of Carlsbad,
3 Project 6607.
4 4. The City Clerk of the City of Carlsbad is hereby authorized and directed to
5 execute and record the Notice of Completion for the Storm Drain and Sinkhole Repair between
6 Cameo Road and El Camino Real, Project No. 6607.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Municipal Water District of on the 7th day of
October, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
LTORRAINE M. WOOD, City Clerk
(SEAL)