HomeMy WebLinkAbout2008-02-19; City Council; 19323; Local Declaration of Emergency Repair of SinkholeCITY OF CARLSBAD - AGENDA BILL
19,323AB#
MTG. 2/19/08
DEPT. PW-M&O
CONTINUATION OF LOCAL DECLARATION OF
EMERGENCY FOR REPAIR OF SINKHOLE, CRIB WALL
& UTILITIES ON 2400 BLOCK OF TAMARACK AVE. AND
APPROPRIATION OF FUNDS
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopting Resolution No. 2008-046 approving the continuation of the Declaration of Local
Emergency for repair of sinkhole, crib wall and utilities on the 2400 block of Tamarack
Avenue and appropriating funds.
ITEM EXPLANATION:
Due to the nature of the construction efforts associated with the repairs at 2400 Tamarack Avenue, it
is necessary to continue the emergency declaration to ensure repair work can be completed. Staff
will continue to monitor the progress of repairs by the contractor to abate the emergency, and a
recommendation to continue or end the declaration will be made in two weeks.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269.
FISCAL IMPACT:
Repairs are estimated to cost $750,000 and will be paid from council contingency.
EXHIBITS:
1. Declaration of Local Emergency;
2. Resolution No. 2008-046. continuing the Declaration of Local Emergency for repair of
sinkhole, crib wall & utilities on 2400 block of Tamarack Avenue and appropriation of funds.
DEPARTMENT CONTACT: Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION:APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES 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 By: .
Cisa~Hildabrand, City Manager
City of Carlsbad, California
^
RESOLUTION NO. 2008-046
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE
CONTINUATION OF A LOCAL EMERGENCY AND
4 APPROPRIATING FUNDS.
5
WHEREAS, on January 7, 2008 a sinkhole and separated waterline were6
discovered; and
g WHEREAS, the sinkhole is creating restricted public and emergency services
9 access to 2402 Tamarack Avenue; and
10 WHEREAS, as a result of isolating the waterline the facility has no active fire
11 hydrants for fire protection; and
12 WHEREAS, emergency repairs are needed to mitigate further damage to the
13 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
, 0 street; and10
19 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a
20 sudden, unexpected occurrence that poses a clear and imminent danger, requiring
21 immediate action to prevent or mitigate the loss or impairment of life, health, property, or
22 essential public services"; and
23 WHEREAS, staff has determined that the damage to City water and sewer lines
24 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 Carlsbad27
Municipal Code gives the City Manager authority to declare a public emergency subject28
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, the Council has received the necessary information and update in
7
order to evaluate the continuing need for a local state of emergency; and8
n WHEREAS, it is the intent of the City Council to do all things necessary toy
10 effectuate this intent,
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
12 Carlsbad, California, as follows:
13 1. That the above recitations are true and correct.
14 2. There is a need to continue the state of the local emergency declared
15
Tuesday, February 5, 2008, by adoption of Resolution No. 2008-026, which need
16
includes mitigation of property damage, placement of erosion control devices and
17
construction and placement of other devices.18
19 3. That the City Manager or her designee is authorized and directed to
20 complete and file all appropriate forms and documents necessary to abate the
21 emergency and to obtain the maximum cooperation and assistance both financial and
22 otherwise in responding to this emergency.
23 4. That every fourteen days the City Manager shall review with City Council
24
the emergency actions taken to date and determine the need to continue the
25
emergency.
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5. That the Finance Director is authorized to appropriate $750,000 from
Council contingency for the repairs.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 19tb day of February 2008, by the following vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST: