HomeMy WebLinkAbout2009-10-20; City Council; Resolution 2009-2621 EXHIBIT 2
RESOLUTION NO. 2009-262
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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 September 28, 2009 a sewer main spill was discovered; and
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WHEREAS, the sewer main spill was caused by vandals; and6
7 WHEREAS, the sewer main spill was creating extreme peril to the safety of
8 persons and property at 2402 Tamarack Avenue; and
9 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a
10 sudden, unexpected occurrence that poses a clear and imminent danger, requiring
11 immediate action to prevent or mitigate the loss or impairment of life, health, property, or
essential public services"; and
13 WHEREAS, a temporary sewer line was constructed above ground to divert
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sewer flows; and
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WHEREAS, due to the temporary nature of the above ground sewer line, it is16
critical that the sewer line be replaced; and
18 WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad
19 Municipal Code gives the City Manager authority to declare a local emergency subject
20 to confirmation by the City Council, by four-fifths vote at its next regularly scheduled
21 meeting following the declaration of the emergency; and
09 WHEREAS, said local emergency continues until the sewer main and all
23 associated components and conditions have been replaced and declared abated by
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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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1 WHEREAS, it is the intent of the City Council to do all things necessary to
2 effectuate this intent.
3 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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1. That the above recitations are true and correct.
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2. There is a need to continue the state of the local emergency declared
_ Tuesday, October 6, 2009 by adoption of Resolution No. 2009-248, which includes theo
replacement of the sewer line, maintenance of the hi-line, implementation of the storm
10 water plan, and providing site security
11 3. That every fourteen days the City Manager shall review with City Council
the emergency actions taken to date and determine the need to continue the
13 emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 20r day of October. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
CLAUDE A LEWIS,
ATTEST:
LORRAINE
(SEAL)