HomeMy WebLinkAbout2009-10-09; City Council; Resolution 2009-248EXHIBIT 2
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RESOLUTION NO. 2009-248
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE DECLARATION
OF A LOCAL EMERGENCY.
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5 WHEREAS, on September 28, 2009 a sewer main spill was discovered; and
6 WHEREAS, the sewer main spill was caused by vandals; and
WHEREAS, the sewer main spill was creating extreme peril to the safety of
8 persons and property at 2402 Tamarack Avenue; and
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WHEREAS, Public Contract Code Section 1102 defines an emergency as "a
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sudden, 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
13 essential public services"; and
14 WHEREAS, a temporary sewer line was constructed above ground to divert
15 sewer flows; and
16 WHEREAS, due to the temporary nature of the above ground sewer line, it is
17 critical that the sewer line be replaced; and
1R WHEREAS, these conditions did not permit a delay resulting from a competitive
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solicitation for bids as defined in Public Contract Code Section 22050; and
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WHEREAS, the City Council of the City of Carlsbad was not in session and could
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not immediately be called into session; and22
23 WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad
24 Municipal Code gives the City Manager authority to declare a local emergency subject
25 to confirmation by the City Council, by four-fifths vote at its next regularly scheduled
26 meeting following the declaration of the emergency; and
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1 WHEREAS, said local emergency continues until the sewer main spill and all
2 associated components and conditions have been restored and declared abated by
q order of the City Manager and City Council; and
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WHEREAS, on October 1, 2009, the City Manager declared a state of Local
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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.8
g 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. There is a need to proclaim the state of the local emergency declared
Thursday, October 1, 2009, by adoption of Resolution No.2009-248.
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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 the
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emergency and to obtain the maximum cooperation and assistance both financial and
18 otherwise in responding to this emergency.
19 4. That the City Manager or her designee is authorized and directed to
20 replace the sewer line at 2402 Tamarack Avenue.
21 5. 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
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emergency.
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6. That funds are currently appropriated for the replacement of the sewer line
and are sufficient to cover all project-related costs.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council
of the City of Carlsbad on the 6th day of October. 2009, by the following vote to wit:
AYES: Council Members Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Lewis.
CLAUDE A LEWIS', Mayor
ATTEST:
M. WOOD, City Clerk
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