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HomeMy WebLinkAbout2007-07-24; City Council; 19104; Terminating Emergency actionCITY OF CARLSBAD 10 AGENDA BILL AB# MTG. DEPT. 19.104 7/24/07 CA DECLARATION OF TERMINATION OF EMERGENCY ACTION TAKEN BY THE CITY MANAGER AND RATIFIED BY THE CITY COUNCIL DEPT. HEAD CITY ATTY. &£• CITY MGR. ~^£> 2007-197 terminating the Local State of Emergency and RECOMMENDED ACTION: City Council adopt Resolution No.. declaring that the emergency has been abated as provided for in the Public Contracts Code and may now be responded to within normal Public Works contracting procedures. ITEM EXPLANATION: On July 6, 2007 the City Manager declared a State of Local Emergency because the insurance company for the owner or pilot of the airplane that crashed into the Crossings at Carlsbad Golf Course or its independent claims management company reneged on its promises to pay for remedial cleanup. Emergency funds were authorized for the commencement of the cleanup work by the City and by the Public Financing Authority. That action was ratified by the City Council at its meeting of Tuesday July 10, 2007. The cleanup, removal and restoration of the crash site is underway and is expected to take several months to restore to its playable condition just prior to the airplane crash. The City and the Public Finance Authority will look to the aircraft owners and operator as well as any other potentially responsible party for complete recovery of its costs in abating this emergency and repair and restoration of the golf course. FISCAL IMPACT: The City Council appropriated funds in the amount not to exceed $500,000 for mitigation, transportation and disposal of hazardous materials at its meeting of July 10, 2007. The Public Financing Authority authorized a change order to its existing contract with Wadsworth Golf Course Construction Company in an amount not to exceed $250,000 to repair the damage caused by the airplane crash. A full and complete accounting of all costs will be forwarded to the City Council when they are finally determined. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. EXHIBITS: 1.Resolution No. 2007-197 DEPARTMENT CONTACT: Ron Ball 760-434-2801 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED / D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D 1 2 RESOLUTION NO. 2007-197 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL 4 EMERGENCY IS TERMINATED FOR THE DAMAGE TO THE CROSSINGS AT CARLSBAD GOLF COURSE 5 WHEREAS, on July 3, 2007, an airplane crashed onto The Crossings at Carlsbad 6 Golf Course and causing significant damage; and 7 WHEREAS, it was necessary to mobilize City staff and contractors to facilitate the 8 necessary cleanup, removal and restoration of the crash site; and 9 WHEREAS, on July 6, 2007 the City Manager declared a state of Local Emergency 10 after the insurance company and its outside adjustment company reneged on promises to pay for11 the costs of abatement and repair; and WHEREAS, on July 10, 2007, the City Council declared a state of Local Emergency I w and appropriated funds not to exceed $500,000 for the cleanup and repair; and14 WHEREAS, on July 10, 2007 the Public Finance Authority authorized a change15 order to its existing contract with Wadsworth Golf Course Construction Company to repair the16 damage caused by the airplane accident; and WHEREAS, said Local Emergency has been abated and there is no need for the18 . Q state of Local Emergency to continue,i y NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carlsbad, California, as follows: 22 1 • That the above recitations are true and correct. 23 2. The Declaration of Emergency is hereby terminated according to State law. 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of July, 2007, by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Council Member Lewis. CLAUDE A Lf ^tSTMiyor ATTEST: LtfRRAINgjM.WO (SEAL)