HomeMy WebLinkAbout2008-05-06; Municipal Water District; Resolution 13191
RESOLUTION NO. 1319
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
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EL CAMINO REAL IS TERMINATED.
5 WHEREAS, on March 1, 2008, a sink hole and separated storm drain pipeline were
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discovered in a drainage easement located at 2283 Cameo Road; and
WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo
Road; and
WHEREAS, the sinkhole and missing storm drain segment had the potential to
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MUNICIPAL WATER DISTRICT (CMWD) DECLARING THAT THE
LOCAL EMERGENCY FOR REPAIR OF THE SINKHOLE AND
POTABLE WATER PIPELINE FROM 2277 CAMEO ROAD TO
undermine an existing 6-inch potable water pipeline and cause erosion and damage of real
property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and
_ 3817 El Camino Real; and
WHEREAS, CMWD has determined the potable water pipeline requires replacement;
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and
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WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
15 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
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prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
17 WHEREAS, staff determined that the potential damage to water lines, as well as the
18 threat to real property meets the criteria for an emergency as defined in Public Contract Code
Section 1102; and
WHEREAS, the Carlsbad Municipal Water District operates under the City of Carlsbad
purchasing rules pursuant to the Operation Agreement between Carlsbad Municipal Water District
and the City of Carlsbad dated June 25, 1991; and
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
Code gives the City Manager authority to declare a public emergency subject to confirmation by
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the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
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of the emergency; and
26 WHEREAS, the City Manager declared a Local Emergency on March 7, 2008; and
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1 WHEREAS, said Local Emergency continues until the sinkhole and all associated
2 components and conditions have been restored and declared abated by order of the City Manager
3 and City Council; and
. WHEREAS, the Carlsbad Municipal Water District declared a Local Emergency; and
WHEREAS, said Local Emergency has been abated and there is no need for the state of
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Local Emergency to continue for repairs of sinkhole and potable water pipeline from 2277 Cameo
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Road to El Camino Real.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
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Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
10 2. The declaration of emergency is hereby terminated according to State law.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council held
on the 6th day of May, 2008, by the following vote to wit:
AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
/L&^-^-t
D, Secretary (J
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