HomeMy WebLinkAbout2017-02-28; City Council; Resolution 2017-034EXHIBIT 1
RESOLUTION NO. 2017-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE DECLARATION OF A LOCAL EMERGENCY
ON THE WEST SIDE OF BATIQUITOS DRIVE,0.25 MILES SOUTH OF
POINSETTIA LANE,PURSUANT TO PUBLIC CONTRACT CODE 22050 AND
CARLSBAD MUNICIPAL CODE SECTION 3.28.120.
WHEREAS,During recent rain events in mid-late December 2016, large amounts of sediment
were observed in city right of way on Batiquitos Drive, creating issues with street flooding, large scale
cleanup of sediment and concern for the failure of the detention basin on the property; and
WHEREAS,Carlsbad Municipal Code 3.28.120 gives the city manager authority to declare a
public emergency "when repair or replacements are necessary to permit the continued conduct of the
operation or services of a public agency or to avoid danger to life or property," subject to confirmation
by the city council at the next regularly scheduled meeting following the declaration of the emergency,
by a four-fifths vote; and
WHEREAS,on Dec.27,2016,the city manager signed the Declaration of Local Emergency,
attached to this Resolution as Attachment A; and
WHEREAS,under the Declaration of Local Emergency,the city manager directed the Public
Works department to commence temporary emergency repairs; and
WHEREAS,the Public Works department hired a contractor to perform temporary emergency
repairs; and
WHEREAS, on Jan. 10, 2017, the City Council confirmed the Declaration of Local Emergency by
a unanimous vote by adopting Resolution No. 2017-006; and
WHEREAS, on Jan. 24, 2017, City Council adopted Resolution No. 2017-017 by a unanimous vote
to continue the state of local emergency; and
EXHIBIT 1
WHEREAS, on Feb. 14, 2017, City Council adopted Resolution No. 2017-023 by a 4-0 vote, with
Councilmember Michael Schumacher absent, to continue the state of local emergency; and
WHEREAS,the City Council has received the necessary information and update in order to
evaluate the continuing need for a local state of emergency; and
WHEREAS,it is the intent of the City Council to do all things necessary to effectuate this intent.
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.
2.That the declaration of local emergency on the west side of Batiquitos Drive, 0.25 miles south
of Poinsettia Lane,is continued.
3.That every 14 days the city manager shall review with the City Council the emergency actions
taken to date and determine the need to continue the emergency.
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of February 2017, by the following vote, to wit:
AYES:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard.
NOES:None.
ABSENT:None.
MATT HALL, MAYOR
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