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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Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF O OTHER-SEE MINUTES D 1 RESOLUTION NO. 2008-107 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, PROCLAIMING THE TERMINATION OF A LOCAL EMERGENCY. 4 WHEREAS, on January 7, 2008 a sinkhole and separated waterline were 5 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 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 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 24 emergency as defined in Public Contract Code Section 1102, and 25 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad 26 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, City Manager declared a continuing state of 7 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 16 WHEREAS, said Local Emergency has been abated and there is no need for the 17 state of Local Emergency to continue for repair of sinkhole, crib wall & utilities on 18 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. 24 /// 25 /// 26 /// 27 28 -7 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 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