HomeMy WebLinkAbout2008-04-15; City Council; 19397; Termination of emergency for Tamarach sinkholeCITY OF CARLSBAD - AGENDA BILL
AB# 19>397
MTG. 4/15/08
DEPT. PW-M&O
TERMINATION OF LOCAL DECLARATION OF
EMERGENCY FOR REPAIR OF SINKHOLE, CRIB WALL
& UTILITIES ON 2400 BLOCK OF TAMARACK AVE.
DEPT. HEAD jIMfJ^
CITY ATTY. ^tf£2s
CITY MGR. /X/^-
RECOMMENDED ACTION:
Adopting Resolution No. 2008-107 declaring that the Local Emergency for the repair of
sinkhole, crib wall and utilities on 2400 block of Tamarack Avenue is terminated.
ITEM EXPLANATION:
Completion of repairs to the sinkhole, crib wall and utilities at 2400 Tamarack Avenue has abated the
health and safety issues related to Local Emergency and there is no need for the state of Local
Emergency to continue.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269.
FISCAL IMPACT:
Although repairs to abate the emergency have been completed, other non-emergency repairs are still
in progress. Therefore, a financial accounting will be completed and presented at a later date.
EXHIBITS:
1. Resolution No. 2008-107 . declaring that the Local Emergency for repair of sinkhole, crib wall
& utilities on 2400 block of Tamarack Avenue is terminated.
DEPARTMENT CONTACT: Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF O
OTHER-SEE MINUTES D
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RESOLUTION NO. 2008-107
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE TERMINATION
OF A LOCAL EMERGENCY.
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WHEREAS, on January 7, 2008 a sinkhole and separated waterline were
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discovered; and6
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
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health and safety concerns; and
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WHEREAS, in addition, continued expansion of the sinkhole would eventually
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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
22 WHEREAS, City Manager has determined that the damage to City water and
23 sewer lines as well as the threat to Tamarack Avenue meets the criteria for an
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emergency as defined in Public Contract Code Section 1102, and
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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
3 WHEREAS, said local emergency continues until the sinkhole and all associated
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components and conditions have been restored and declared abated by order of the
5 City Manager and City Council; and
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WHEREAS, on February 19, 2008, City Manager declared a continuing state of
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Local Emergency and $750,000 was authorized to be appropriated from Council8
g contingency for the repair efforts; and
10 WHEREAS, on March 4, 2008 City Manager declared a continuing state of Local
11 Emergency; and
12 WHEREAS, on March 18, 2008 City Manager declared a continuing state of
13 Local Emergency; and
WHEREAS, on April 1, 2008 City Manager declared a continuing state of Local
Emergency; and
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WHEREAS, said Local Emergency has been abated and there is no need for the
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state of Local Emergency to continue for repair of sinkhole, crib wall & utilities on
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Tamarack Avenue.I y
20 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.
03 2. The declaration of emergency is hereby terminated according to State law.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 15th day of April, 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:
/fSEAL
'
M. WqojZ), City Clerk