HomeMy WebLinkAbout2009-12-08; City Council; Resolution 2009-3121
RESOLUTION NO. 2009-312
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE OF A
LOCAL EMERGENCY FOR REPAIR OF A STORM DRAIN FROM
4 2950 LA COSTA AVENUE TO 7546 GIBRALTAR STREET,
PROJECT NO. 6607.
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WHEREAS, on November 18, 2009, a degraded and deteriorated storm drain pipeline
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was discovered using closed circuit television monitoring; and
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WHEREAS, additional inspection was performed on November 30, 2009; and
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WHEREAS, the damaged portion of the storm drain conveys storm water from 2950 La
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Costa Avenue to 7546 Gibraltar Street; and10
WHEREAS, the degraded and deteriorated storm drain includes two large missing
segments that have the potential to cause a slope failure; and
WHEREAS, emergency repairs are needed to mitigate potential damage to remaining
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storm water improvements and the existing slope and eliminate the threat of damage to real
property; and
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WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,16
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"; andlo
1Q WHEREAS, staff has determined that the potential damage to remaining storm water
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20 system and slope as well as the threat to real property meets the criteria for an emergency as
21 defined in Public Contract Code Section 1102; and
22 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
23 Code gives the City Manager authority to declare a public emergency subject to confirmation by
24 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
25 of the emergency; and
26 WHEREAS, said local emergency continues until the storm drain and all associated
27 components and conditions have been restored and declared abated by order of the City Manager
28 and City Council; and
1 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
2 intent.
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
4 California, as follows:
5 1. That the above recitations are true and correct.
6 2. That the foregoing constituted an emergency situation requiring immediate action
7 which could not reasonably wait for the next regularly scheduled meeting of the City Council of the
8 City of Carlsbad and required that the City dispense with the formal bidding process.
3. That the City Manager or her designee is authorized and directed to complete
10 and file all appropriate forms and documents necessary to abate emergency and to obtain the
11' maximum cooperation and assistance both financial and otherwise in responding to this
emergency.
13 4. That every fourteen days the City Manager shall review with City Council the
14 emergency actions taken and determine the need to continue the emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of December. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE M.
(SEAL)