HomeMy WebLinkAbout2009-03-10; City Council; Resolution 2009-044EXHI&/T
RESOLUTION NO. 2009-044
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL
EMERGENCY FOR REPAIR OF THE SINKHOLE AND STORM
4 DRAIN FROM CARLSBAD BOULEVARD TO OUTFALL IN
NORTH COUNTY TRANSIT DISTRICT RIGHT-OF-WAY,
5 PROJECT NO. 3624 IS TERMINATED. _
6 WHEREAS, on December 5, 2008, a sinkhole was discovered at 2550 Carlsbad
7 Boulevard; and
8 WHEREAS, the sinkhole created a nuisance in the rear yard at 2550 Carlsbad
9 Boulevard; and
10 WHEREAS, the sinkhole and damaged storm drain pipe had the potential to cause
1 1 erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District
12 Right-of-Way; and
13 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
14 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
I O
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
16
Code gives the City Manager authority to declare a public emergency subject to confirmation by
17
the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
18 of the emergency; and
19 WHEREAS, said Local Emergency continues until there is no further need to enter into
20 emergency contracts and is declared abated by order of the City Council; and
21 WHEREAS, on December 16, 2008, City Council declared a state of Local Emergency;
22 and
23 WHEREAS, on January 6, 2009, City Council declared a continuing state of
24 Local Emergency; and
25 WHEREAS, on January 13, 2009, City Council declared a continuing state of
26 Local Emergency; and
27
28
1 WHEREAS, on January 27, 2009, City Council declared a continuing state of
2 Local Emergency; and
3 WHEREAS, on February 10, 2009, City Council declared a continuing state of
4 Local Emergency; and
5 WHEREAS, on February 17, 2009, City Council declared a continuing state of
6 Local Emergency; and
7 WHEREAS, said Local Emergency has been abated and there is no need for the state of
8 Local Emergency to continue for repairs of sinkhole and storm drain pipeline from Carlsbad
9 Boulevard to North County Transit District (NCTD) Right-of-Way.
10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
19 1. That the above recitations are true and correct.
13 2. That the declaration of emergency is hereby terminated according to State law.
14 ///
15 ///16 ///
17 ///
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of March, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
>, Mayor
ATTEST:
0RRAINAM. WOOp)Cit'y Clerl
' ' ^