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HomeMy WebLinkAbout2008-04-22; City Council; 19414; Continuation of local emergency: sink holeCITY OF CARLSBAD CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 10 AB# 19.414 MTG. 4/22/08 DEPT.ENG CONTINUATION OF LOCAL DECLARATION OF EMERGENCY FOR REPAIR OF SINKHOLE AND STORM DRAIN FROM 2283 CAMEO ROAD TO EL CAMINO REAL PROJECT NO. 6607, DECLARATION OF LOCAL EMERGENCY BY THE CARLSBAD MUNICIPAL WATER DISTRICT AND APPROPRIATION OF FUNDS TO RECONSTRUCT THE DAMAGED POTABLE WATER PIPELINE DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2008-120 to continue the Declaration of Local Emergency for repair of a sinkhole and storm drain from 2283 Cameo Road to El Camino Real, Project No. 6607 Adopt Resolution No.1318 to Declare a Local Emergency for repair of a sinkhole, storm drain and potable water pipeline and appropriate funds to reconstruct a potable water pipeline from the Water Replacement Fund. ITEM EXPLANATION: Due to the nature of the construction efforts associated with the repairs for the sinkhole and storm drain from 2283 Cameo Road to El Camino Real, it is necessary to continue the emergency declaration to ensure repair work can be completed. During the removal of the existing 15-inch corrugated metal pipeline and the replacement with an 18-inch PVC pipeline, City and Carlsbad Municipal Water District (CMWD) staff evaluated the adjacent 6-inch asbestos cement potable water pipeline. City and CMWD staff observed the brittle pipe material had been placed in loosely compacted fill and the pipeline was damaged. The water pipeline is a part of the CMWD water system and is required to maintain water service to properties in the area and fire hydrants. Staff analyzed the impacts to the overall water system and determined the water pipeline is required. The City Manager declared a state of local emergency on March 7, 2008 to repair the sinkhole and storm drain at 2277 and 2283 Cameo Road in Carlsbad. A copy of that declaration is attached to this Agenda Bill as Exhibit "1". Pursuant to California Public Contract Code Section 22050, the City Council ratified the declaration of local emergency March 18, 2008. CMWD operates under the City of Carlsbad Purchasing rules pursuant to the Operation Agreement between CMWD and the City dated June 25, 1991. Replacement of the water pipeline requires a Declaration of Local Emergency by CMWD. Pursuant to Public Contract Code Section 22050(c), the City Council and the CMWD Board must also review ongoing emergency procurement of goods and services every fourteen days to determine whether the remainder of the emergency action may be completed by giving the usual notice for bids to let contracts. Staff will continue tc 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. FOR CITY CLERKS USE ONLY. COUNCIL/BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED y CONTINUED TO DATE SPECIFIC XD CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER -SEE MINUTES D D D D D DEPARTMENT CONTACT: Sherri Howard, 760-602-2756, showa@ci.carlsbad.ca.us Page 2 ENVIRONMENTAL IMPACT: The project involves the replacement of an existing storm drain pipeline and an existing water pipeline within the existing easement and, therefore, is exempt from further environmental documentation pursuant to Section 15302 - Replacement or Reconstruction of the State CEQA Guidelines. A Notice of Exemption will be prepared. FISCAL IMPACT: The estimate for the repairs is $250,000 to include contractor services and City force services. Cost increases could occur due to unforeseen conditions. There are currently sufficient funds available in the Corrugated Metal Pipe Replacement Program, Project No. 6607. The additional repairs required to remove and replace the existing potable water pipeline is $120,000 and includes construction services and City /Carlsbad Municipal Water District forces. There are currently sufficient funds available in the Water Replacement Fund. EXHIBITS: 1. Declaration of Local Emergency. 2. Resolution No. 2008-120 to continue the Declaration of Local Emergency for repair of a sinkhole and storm drain from 2283 Cameo Road to El Camino Real, Project No. 6607. 3. Resolution No. 1318 to Declare a Local Emergency for repair of a sinkhole, storm drain and potable water pipeline and appropriate funds to reconstruct a potable water pipeline from the Water Replacement Fund. DECLARATION OF LOCAL EMERGENCY WHHREAS. 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 WHHREAS. 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 2283 Cameo Drive and 2277 Cameo Drive, in Carlsbad. California; 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: 6 1 0* By Lisa Flildabrand. City Manager City of Carlsbad. California 1 RESOLUTION NO. 2008-120 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE AND STORM DRAIN 4 FROM 2283 CAMEO ROAD TO EL CAMINO REAL. PROJECT NO. 6607. 5 WHEREAS, on March 1, 2008, a sink hole and separated storm drain pipeline were 6 discovered in a drainage easement located at 2283 Cameo Road; and 7 WHEREAS, the sinkhole is creating a nuisance in the rear yard at 2277 and 8 2283 Cameo Road; and 9 WHEREAS, the sinkhole and missing storm drain segment had the potential to 10 undermine an existing 6-inch potable water pipeline and cause erosion and damage of real 11 property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and 12 3817 El Camino Real; and 13 WHEREAS, emergency repairs are needed to mitigate potential damage to the existing potable water system and further damage to real property; and14 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden, 15 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to 16 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and WHEREAS, staff has determined that the potential damage to water lines as well as the 18 threat to real property meets the criteria for an emergency as defined in Public Contract Code 19 Section 1102; and 20 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal 21 Code gives the City Manager authority to declare a public emergency subject to confirmation by 22 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration 23 of the emergency; and WHEREAS, said local emergency continues until the sinkhole and all associated components and conditions have been restored and declared abated by order of the City Manager fcO and City Council; and 26 WHEREAS, on April 15, 2008, City Council declared a continuing state of Local 27 Emergency; and 28 1 WHEREAS, the City Council has received the necessary information and update in order 2 to evaluate the continuing need for a local state of emergency; and 3 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this 4 intent. 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 6 California, as follows: 7 1. That the above recitations are true and correct. 8 2. There is a need to continue the state of the local emergency declared Tuesday, 9 March 18, 2008, by adoption of Resolution No. 2008-088, which need includes mitigation of 10 property damage, placement of erosion control devices and construction and placement of other 11 devices. 12 3. That the City Manager or her designee is authorized and directed to complete 13 and file all appropriate forms and documents necessary to abate the emergency and to obtain the 14 maximum cooperation and assistance both financial and otherwise in responding to this 15 emergency. 1R10 4. That every fourteen days the City Manager shall review with City Council the 1' emergency actions taken to date and determine the need to continue the emergency. 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 Joint Special Meeting of the City Council and Municipal Water District of the City of Carlsbad on the 22nd day of April, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: /(SEAL) M. WOOD, City 1 RESOLUTION NO. 1318 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD) DECLARING A LOCAL EMERGENCY AND APPROPRIATING FUNDS TO 4 RECONSTRUCT A POTABLE WATER PIPELINE FROM THE WATER REPLACEMENT FUND. 5 WHEREAS, on March 1, 2008, a sink hole and separated storm drain pipeline were 6 discovered in a drainage easement located at 2283 Cameo Road; and 7 WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo 8 Road; and 9 WHEREAS, the sinkhole and missing storm drain segment had the potential to 10 undermine an existing 6-inch potable water pipeline and cause erosion and damage of real property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and 3817 El Camino Real; and12 WHEREAS, CMWD has determined the potable water pipeline requires replacement; 13 and 14 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to 16 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and 17 WHEREAS, staff determined that the potential damage to water lines as well as the 18 threat to real property meets the criteria for an emergency as defined in Public Contract Code 19 Section 1102; and 20 WHEREAS, The Carlsbad Municipal Water District operates under the City of Carlsbad purchasing rules pursuant to the Operation Agreement between Carlsbad Municipal Water District and the City of Carlsbad date June 25, 1991; and22 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal 23 Code gives the City Manager authority to declare a public emergency subject to confirmation by 24 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration 25 of the emergency; and 26 WHEREAS, the City Manager declared a Local Emergency on March 7, 2008; and 27 /// 28 1 WHEREAS, said local emergency continues until the sinkhole and all associated 2 components and conditions have been restored and declared abated by order of the City Manager 3 and City Council; and WHEREAS, the damage to the water pipeline requires a Declaration of Local Emergency by Carlsbad Municipal Water District; and5 WHEREAS, it is the intent of the Carlsbad Municipal Water District to do all things 6 necessary to effectuate this intent; and 7 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, has 8 determined it necessary, desirable, and in the public interest to reconstruct a damaged potable g water pipeline; and WHEREAS, funds in the amount of $120,000 are required to complete the project and 10 are currently available in the Water Replacement Fund. 11 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad 12 Municipal Water District, as follows: 13 1. That the above recitations are true and correct. 14 2. That the foregoing constitutes an emergency situation requiring a Declaration of 15 Local Emergency by the Board of Directors of the Carlsbad Municipal Water District and requires 1R that the District dispense with the formal bidding process. 3. That the Executive Manager or her designee is authorized and directed to 18 complete and file all appropriate forms and documents necessary to abate emergency and to 19 obtain the maximum cooperation and assistance both financial and otherwise in responding to this 20 emergency. 21 4. That every fourteen days the Executive Manager shall review with Board of 22 Directors the emergency actions taken and determine the need to continue the emergency. 23 5. That the Finance Director is authorized to appropriate $120,000 from the 24 Water Replacement Fund for the replacement of the potable water pipeline from Cameo Road to 25 El Camino Real. 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 Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council held on the 22nd day of April, 2008, by the following vote: AYES: Commission Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: /ORPINE M. /(SB