HomeMy WebLinkAbout2015-12-15; City Council; Resolution 2015-314EXHIBIT 1
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RESOLUTION NO. 2015-314
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
TO REPAIR/REPLACE ROADFILL AT CARLSBAD BOULEVARD
SOUTHBOUND, NORTH OF ENCINAS CREEK BRIDGE.
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 Dec. 11, 2015, and the subsequent failure of roadfill along Carlsbad Boulevard
southbound, north 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 require 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
WHEREAS, these conditions are determined to have been caused by an act of nature,
not reasonably mitigated by the best efforts of the city and its staff; and
WHEREAS, the roadway in question may be eligible for reimbursement for expenses
related to the repair and stabilization of the roadway; and
WHEREAS, these conditions do not permit a delay resulting from a competitive
solicitation for bids, and that the action is necessary to respond to the emergency; and
WHEREAS, these conditions came to the attention of the city subsequent to the posting
of the agenda for the City Council meeting of Dec. 15, 2015.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
as follows:
1. That the above recitations are true and correct.
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2. That the City Council finds that the foregoing situation requires immediate action
which could not reasonably wait for the next regularly scheduled meeting of the
City Council of the City of Carlsbad, and that the need to take immediate action
came to the attention of the city subsequent to the agenda for the City Council
meeting of Dec. 15, 2015 being posted.
3. That the foregoing situation requires that the city dispense with the formal bidding
process.
4. That the City Manager or her designee is authorized and directed to complete and
file all appropriate forms and documents necessary to abate the emergency and to
obtain the maximum cooperation and assistance both financial and otherwise in
responding to this emergency.
5. That the City Manager or her designee is authorized to seek any available
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 appropriate, including completing any and all
necessary paperwork and documentation for said aid.
6. That the Finance Director is authorized to accept any reimbursement and
appropriate these funds to the emergency repair project.
7. That during the existence of this local emergency, the powers, functions and duties
of the emergency organization of the City of Carlsbad are those prescribed by state
law, by ordinances and resolutions of the City of Carlsbad Emergency Plan.
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8. That every 14 days the City Manager shall review with City Council the emergency
actions taken and determine the need to continue the emergency.
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BARBARA ENGLESO City Clerk
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 15th day of December 2015, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
MATi HALL, Mayor
ATTEST:
(SEAL)