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HomeMy WebLinkAbout2008-03-04; City Council; 19341; Continuation of Local Declaration of Emergency for Repair of Sinkhole Cribwall and Utilities on 2400 Block of Tamarack Avenue and Appropriation of FundsCITY OF CARLSBAD - AGENDA BILL 8 AB# 19,341 MTG. 3/4/08 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 \jjjtfst CITY ATTY. *{jjl2> CITY MGR. (// RECOMMENDED ACTION: Adopting Resolution No. 2008-061 . continuing the Declaration of Local Emeraenrv fnr «^v of sinkhole, crib wall and utilities on the 2400 block of Tamarack Avenue and appropriaWng 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: On February 19, 2008 the Finance Director was authorized to appropriate $750,000 from Council contingency for the repair efforts. EXHIBITS: 1.Declaration of Local Emergency; 2. Resolution No. 2008-061 . 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Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D DECLARATION OF LOCAL EMERGENCY WHEREAS, the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: \\3*Z I O* By: Hsa"Hildabrand, City Manager City of Carlsbad, California 1 RESOLUTION NO. 2008-061 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 were 6 discovered; and 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 -I3 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 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"; and22 K 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 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, on February 19, 2008, staff declared a continuing state of Local 7 Emergency and $750,000 was authorized to be appropriated from Council contingency8 _ for the repair efforts; andy 10 WHEREAS, the Council has received the necessary information and update in 11 order to evaluate the continuing need for a local state of emergency; and 12 WHEREAS, it is the intent of the City Council to do all things necessary to 13 effectuate this intent, 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 15 Carlsbad, California, as follows: 16 1. That the above recitations are true and correct. 17 2. There is a need to continue the state of the local emergency declared18 1Q Tuesday, February 5, 2008, by adoption of Resolution No. 2008-026, which need 20 includes mitigation of property damage, placement of erosion control devices and 21 construction and placement of other devices. 22 3. That the City Manager or her designee is authorized and directed to 23 complete and file all appropriate forms and documents necessary to abate the 24 emergency and to obtain the maximum cooperation and assistance both financial and 25 otherwise in responding to this emergency. 26 27 28 1 4. That every fourteen days the City Manager shall review with City Council 2 the emergency actions taken to date and determine the need to continue the emergency. 4 5. That the Finance Director is authorized to appropriate $750,000 from 5 Council contingency for the repairs. 6 7 '" 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 4th day of March, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 1A LEWIS, MlySr ATTEST: