HomeMy WebLinkAbout2008-02-05; City Council; 19304; Declaration of Local Emergency for Repair of Sinkhole, Crib Wall and Utilities on 2400 Block of Tamarack AvenueCITY OF CARLSBAD - AGENDA BILL
AB# 19,304
MTG. 02/05/08
DEPT. PW-M&O
DECLARATION OF LOCAL
EMERGENCY FOR REPAIR OF
Olfcll/LJ^I C /*r)IB IJlf Al 1 O 1 ITII ITICC*SINKHOLE, CRIB WALL & UTILITIES
ON 2400 BLOCK OF TAMARACK AVE
DEPT. HEAD W/A)
CITY ATTY. iff
CITYMGR. /(jj^
RECOMMENDED ACTION:
Consideration of the Declaration of a Local Emergency pursuant to Public Contract Code
Section 22050 and Carlsbad Municipal Code Section 3.28.130 and adopt Resolution No.
2008-026 .
ITEM EXPLANATION:
Pursuant to California Public Contract Code Section 22050, the City Council must ratify a
declaration of local emergency declared by the City Manager by a four-fifths vote at its next
regularly scheduled meeting. The City Manager declared a state of local emergency on Friday,
January 25, 2008. A copy of that declaration is attached to this Agenda Bill as Exhibit '1'.
On January 7, 2008 at approximately 7:30 pm CMWD Water Operations duty operator received
a low pressure call from the CMWD Supervisory Control and Data Acquisition (SCADA) alarm
system. In checking the alarm and system the operator also noticed an unexplained drop in the
reservoir level of the same zone.
The operator, with the assistance of the Construction Maintenance duty person began to survey
the large zone for the cause of the alarm. At approximately 9:30 pm while checking system
components along the 2400 block of Tamarack Avenue the operator could hear water running
on the opposite side of the street. He located a sinkhole at the entrance to 2402 Tamarack Ave.
and a separated 8" waterline. He located the isolation valve and shut off the water.
The sinkhole is creating restricted public and emergency services access to 2402 Tamarack
Avenue. As a result of isolating the waterline the facility has no active fire hydrants for fire
protection. Emergency repairs are also needed to mitigate further damage to the existing sewer
system thereby eliminating the potential for a sewer spill creating public health and safety
concerns. In addition, continued expansion of the sinkhole would eventually create substantial
impacts to the use of Tamarack Avenue, and the remaining utilities in the street. The city was
delayed in proceeding with the repairs due to questions of property ownership verification and
verification of cost estimates associated with the repairs. The Engineering Department had a
representative asses the damage and agreed that the sinkhole and waterline break need
immediate attention.
Pursuant to Public Contract Code Section 22050(c), the City Council must also review ongoing
emergency procurement of goods and services every fourteen days to determine whether the
remainder of the emergency action may be completed by giving the usual notice for bids to let
contracts.
Page 2
FISCAL IMPACT:
The estimate for the repairs is $750,000 to include contractor services, city force services and
environmental work. However, actual cost could increase due to additional environmental
requirements and/ or unforeseen conditions. Funding for the emergency will be appropriated
from City Council Contingency until Public Works staff determines the cause of the failure.
Upon determination of cause, the appropriate fund could reimburse Council contingency and
become the funding source for all repairs associated with the failure.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section
15269.
EXHIBITS:
1. Declaration of Local Emergency;
2. Resolution No. 2008-026
DEPARTMENT CONTACT: Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED & CONTINUED TO DATE SPECIFIC D
DENIED D CONTINUED TO DATE UNKNOWN D
CONTINUED O RETURNED TO STAFF D
WITHDRAWN D OTHER - SEE MINUTES D
AMENDED D
DECLARATION OF LOCAL EMERGENCY
WHEREAS, the City Council of the City of Carlsbad empowers the City Manager
to proclaim the existence of a local emergency when said City is affected by a public
calamity and the City Council is not in session; and
WHEREAS, the City Manager of the City of Carlsbad, California does hereby
find:
That conditions of extreme peril to the safety of persons and property have arisen
within the City of Carlsbad caused by a sinkhole at 2402 Tamarack Avenue; and
That these conditions are creating unexpected occurrences that pose a clear and
imminent danger and required 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
That 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
That the City Council of the City of Carlsbad was not in session and could not
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency
now exists throughout the City of Carlsbad, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said 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.
Dated: lQ^Q By:
fisa'Hildabrand, City Manager
City of Carlsbad, California
1 RESOLUTION NO. 2008-026
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROCLAIMING THE
3 EXISTENCE OF A LOCAL EMERGENCY.
4
5 WHEREAS, on January 7, 2008 a sinkhole and separated waterline were
6 discovered; and
7 WHEREAS, the sinkhole is creating restricted public and emergency services
8 access to 2402 Tamarack Avenue; and
9
WHEREAS, as a result of isolating the waterline the facility has no active fire
10
hydrants for fire protection; and
11
WHEREAS, emergency repairs are needed to mitigate further damage to the
12
existing sewer system thereby eliminating the potential for a sewer spill creating public
14 health and safety concerns; and
15 WHEREAS, in addition, continued expansion of the sinkhole would eventually
16 create substantial impacts to Tamarack Avenue, its use and the remaining utilities in the
17 street; and
18 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a
19 sudden, unexpected occurrence that poses a clear and imminent danger, requiring
20 immediate action to prevent or mitigate the loss or impairment of life, health, property, or
21
essential public services"; and
22
WHEREAS, staff has determined that the damage to City water and sewer lines
23
as well as the threat to Tamarack Avenue meets the criteria for an emergency as
25 defined in Public Contract Code Section 1102, and
26 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad
27 Municipal Code gives the City Manager authority to declare a public emergency subject
28
1 to confirmation by the city council, by four-fifths vote at its next regularly scheduled
2 meeting following the declaration of the emergency; and
3 WHEREAS, said local emergency continues until the sinkhole and all associated
4
components and conditions have been restored and declared abated by order of the
5 City Manager and City Council; and
6
WHEREAS, it is the intent of the City Council to do all things necessary to
7
effectuate this intent,8
9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
10 Carlsbad, California, as follows:
11 1. That the above recitations are true and correct.
12 2. That the foregoing constituted an emergency situation requiring immediate
i 3 action which could not reasonably wait for the next regularly scheduled meeting of the
14 City Council of the City of Carlsbad and required that the City dispense with the formal
15
bidding process.
16
3. That the City Manager or her designee is authorized and directed to
17
complete and file all appropriate forms and documents necessary to abate the18
j9 emergency and to obtain the maximum cooperation and assistance both financial and
20 otherwise in responding to this emergency.
21 4. That every fourteen days the City Manager shall review with City Council
22 the emergency actions taken to date and determine the need to continue the
23 emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
CLAUDE A (LEWIS, Mayor
ATTEST:
LjDRRAIKfc M.
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