HomeMy WebLinkAbout2007-05-08; City Council; 18998; Termination of local emergency: Buena Vista12
CITY OF CARLSBAD - AGENDA BILL
AB# ! 8,998
MTG. 5/08/07
DEPT. ENG
TERMINATION OF LOCAL EMERGENCY AND
UPDATE ON BUENA VISTA SEWER LINE SPILL
DEPT. HEAD -Rrnr
CITYATTY. J^^
CITY MGR. ^4^
RECOMMENDED ACTION:
Adopt Resolution No. 2007-114 declaring that the Local Emergency is terminated and
providing an update on the Buena Vista sewer line spill.
ITEM EXPLANATION:
On April 10, 2007, the City Council adopted a Declaration of Local Emergency related to the
Vista-Carlsbad Sewer Reach 4 spill at Buena Vista Lagoon. Council continued the Local Emergency
on April 24, 2007, even though the sewer line had been repaired. This was necessary in order to
avoid the delay that would be caused in obtaining bids for public project contracts. Staff provided
updates on both dates, along with requests for appropriations to pay for the repair and mitigation
efforts.
There continues to be a need for monitoring and mitigation efforts, and other measures to prevent
perilous damage and to ensure the health and safety of the citizens of Carlsbad; however, these
contracts are not "public projects" as defined by the Public Contract Code.
Public Contract Code Section 22050 requires that Council review the status of the Local Emergency
at least every 14 days to determine if the emergency will not permit a delay resulting from a
competitive solicitation for bids for public projects, and that the action is necessary to respond to the
emergency. Staff does not anticipate a need to enter into any further public project contracts and is,
therefore, recommending that the Local Emergency be terminated. If Council deems it appropriate,
staff will present a report on the scope of this emergency, the responses to it, and the necessity and
appropriateness of future response actions.
ENVIRONMENTAL IMPACT:
This repair is Categorically Exempt from CEQA review under section 15301 of the CEQA Guidelines-
repair of an existing facility.
FISCAL IMPACT:
This sewer line is jointly owned by the cities of Carlsbad and Vista. By agreement, the City of Vista
owns 89.6% of the reach and, therefore, would be responsible for the majority of the costs of this
repair. Carlsbad owns 10.4% of this reach. Carlsbad and Vista will share the costs of the repair,
monitoring, mitigation, and other expenses in the proportion of their ownership of the reach.
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
n'
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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To date, City Council has appropriated $750,000 for the repair, monitoring, and mitigation efforts.
Through April 30, 2007, the City has spent $280,093 on this project, with additional charges expected.
Credit card statements for the month of April are just starting to arrive, and charges related to the spill
made on City-issued credit cards have not yet been completely tabulated. Construction work at the
spill site is complete; monitoring and mitigation will continue and, depending on direction from the
Resource Agencies and the Regional Water Quality Control Board, may need to be increased.
City staff is in the process of issuing a first invoice to the City of Vista for reimbursement of their share
of the expense through April 30, 2007, which is anticipated to be approximately $250,000.
EXHIBITS:
1. Resolution No. 2007-114 declaring that the Local Emergency is terminated and
providing an update on the Buena Vista sewer line spill.
DEPARTMENT CONTACT: Mark Stone, (760) 438-2722, x 7105, mston@ci.carlsbad.ca.us
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RESOLUTION NO. 2007-114
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL
EMERGENCY IS TERMINATED AND PROVIDING AN UPDATE
4 ON THE BUENA VISTA SEWER LINE SPILL.
5 WHEREAS, on April 1, 2007, a break was detected in the Vista-Carlsbad Sewer
Reach 4 at the Buena Vista Lagoon; and
WHEREAS, it was necessary to mobilize City staff and contractors to facilitate the
8 necessary repairs; and
WHEREAS, this emergency did not permit the delay that would result from competitive
solicitation of bids and this action was necessary to respond to the emergency; and
WHEREAS, on April 10, 2007, the City Council declared an emergency and
appropriated $500,000 for the repair efforts; and
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WHEREAS, on April 24, 2007, the City Council declared a continuing state of Local
13 Emergency and appropriated an additional $250,000 for the repair efforts; and
14 WHEREAS, the City Council has continuously reviewed and reaffirmed on a regular
basis, as required by State law, the need to continue the Local Emergency; and
WHEREAS, said Local Emergency has been abated and there is no need for the state of
Local Emergency to continue for damage assessments and repairs in order to prevent further
perilous damage and ensure the health and safety of the citizens of Carlsbad.
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.21
2. The declaration of emergency is hereby terminated according to State law.
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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 May, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard
NOES: None
ABSENT: None
LORRAINE M. WOOD, City Clerk
(SEAL)