HomeMy WebLinkAbout2008-04-01; City Council; 19379; Sinkhole emergency declaration TamarackCITY OF CARLSBAD - AGENDA BILL
AB# 19,379
MTG. 4/1/08
DEPT. PW-M&O
CONTINUATION OF LOCAL DECLARATION OF
EMERGENCY FOR REPAIR OF SINKHOLE, CRIB WALL
& UTILITIES ON 2400 BLOCK OF TAMARACK AVE.
DEPT. HEAD flff*
CITY ATTY. <^£^
CITY MGR. UA___^
RECOMMENDED ACTION:
Adopting Resolution No. 2008-094 to continue the Declaration of Local Emergency for repair
of sinkhole, crib wall and utilities on 2400 block of Tamarack Avenue.
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. 2008-094 . continuing the Declaration of Local Emergency for repair of
sinkhole, crib wall & utilities on 2400 block of Tamarack Avenue.
DEPARTMENT CONTACT: Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION:APPROVED 0
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
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 die 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: l\>SfO* By: .
Lisa Hildabrand, City Manager
City of Carlsbad, California
1
RESOLUTION NO. 2008-094
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE
CONTINUATION OF A LOCAL EMERGENCY.
4
WHEREAS, on January 7, 2008 a sinkhole and separated waterline were
5
discovered; and6
j 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
1 ° hydrants for fire protection; and
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
13 health and safety concerns; and
14
WHEREAS, in addition, continued expansion of the sinkhole would eventually
15
create substantial impacts to Tamarack Avenue, its use and the remaining utilities in the16
. 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
oo 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
24
defined in Public Contract Code Section 1102, and
25
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad
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Municipal Code gives the City Manager authority to declare a public emergency subject
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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
o 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
Q for the repair efforts; andy
10 WHEREAS, on March 4, 2008 and staff declared a continuing state of Local
11 Emergency; and
12 WHEREAS, on March 18, 2008 staff declared a continuing state of Local
13 Emergency; and
14 WHEREAS, the Council has received the necessary information and update in
15 order to evaluate the continuing need for a local state of emergency; and
16
WHEREAS, it is the intent of the City Council to do all things necessary to
17
effectuate this intent,
18
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
I y
2Q Carlsbad, California, as follows:
21 1. That the above recitations are true and correct.
22 2. There is a need to continue the state of the local emergency declared
23 Tuesday, February 5, 2008, by adoption of Resolution No. 2008-026, which need
24 includes mitigation of property damage, placement of erosion control devices and
25 construction and placement of other devices.
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3. That the City Manager or her designee is authorized and directed to
2 complete and file all appropriate forms and documents necessary to abate the
3
emergency and to obtain the maximum cooperation and assistance both financial and
4 otherwise in responding to this emergency.
5
4. That every fourteen days the City Manager shall review with City Council
6
the emergency actions taken to date and determine the need to continue the
emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 1st day of April, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST: