HomeMy WebLinkAbout2010-02-09; City Council; Resolution 2010-0201
RESOLUTION NO. 2010-020
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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SOUTHERLY OF ENCINAS CREEK BRIDGE.
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CARLSBAD, CALIFORNIA, DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY TO REPAIR/REPLACE ROADFILL AT
CARLSBAD BOULEVARD SOUTHBOUND, NORTHERLY AND
WHEREAS, conditions of extreme peril to the safety of persons and property have
arisen within the City of Carlsbad caused by severe storms and associated tidal action beginning
on or about 17 day of January, 2010, and the subsequent failure of roadfill along Carlsbad
Boulevard Southbound, northerly and southerly of Encinas Creek Bridge, within the City Limits of
Carlsbad; and
WHEREAS, these conditions created unexpected occurrences that pose a clear and
imminent danger and required immediate action to prevent or mitigate the loss or impairment of
life, health, property, or essential public services, and are or are likely to be beyond the control
of the services, personnel, equipment and facilities of the City of Carlsbad; and
15 WHEREAS, these conditions are determined to have been caused by an act of nature,
1 Cu not reasonably mitigated by the best efforts of the City and its Staff;
WHEREAS, the roadway in question is classified as a federal highway, and as such the
18 City may be eligible for reimbursement for expenses related to the repair and stabilization of the
19 ..roadway; and
20 WHEREAS, these conditions do not permit a delay resulting from a competitive
21 solicitation for bids, and that the action is necessary to respond to the emergency; and
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows:
24 1. That the above recitations are true and correct.
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2. That the foregoing constituted an emergency situation requiring immediate action
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which could not reasonably wait for the next regularly scheduled meeting of the City Council of the
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City of Carlsbad and requires that the City dispense with the formal bidding process.
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1 3. That the City Manager or her designee is authorized and directed to complete
2 and file all appropriate forms and documents necessary to abate emergency and to obtain the
3 maximum cooperation and assistance both financial and otherwise in responding to this
4 emergency.
5 4. That the City Manager or her designee is authorized to seek any available
6 reimbursement for costs associated with this emergency, including, but not limited to Federal and
State Emergency Aid; Federal Highway Funds and any other reimbursement the City may deem
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appropriate, including completing any and all necessary paperwork and documentation for said
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10 5. The Finance Director is authorized to accept any reimbursement and appropriate
11 these funds to the emergency repair project.
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6. That every fourteen days the City Manager shall review with City Council the
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emergency actions taken and determine the need to continue the emergency.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council
of the City of Carlsbad on the 9th day of February. 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE M
(SEAL)