HomeMy WebLinkAbout2008-05-06; City Council; 19430; Termination of declaration of local emergencyCITY OF CARLSBAD
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
13
19.430AB#
MTG. 5/06/08
DEPT. ENG
TERMINATION OF LOCAL DECLARATION OF EMERGENCY
FOR REPAIR OF THE SINKHOLE, STORM DRAIN, AND
POTABLE WATER PIPELINES FROM 2277 AND
2283 CAMEO ROAD TO EL CAMINO REAL,
PROJECT NOS. 6607 AND 5011
DEPT. HEAD
CITY ATTY.
CITY MGR. ((/ -
RECOMMENDED ACTION:
Adopt Resolution No. 2008-132 declaring that the Local Emergency for repair of the sinkhole
and storm drain pipeline from 2283 Cameo Road to El Camino Real is terminated.
Adopt Resolution No. 1319 declaring that the Local Emergency for repair of the sinkhole
and potable water pipeline from 2277 Cameo Road to El Camino Real is terminated.
ITEM EXPLANATION:
Completion of the repairs to the sink hole, storm drain, and potable water pipeline from 2277 and
2283 Cameo Road to El Camino Real 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:
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:
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.
2.
Resolution No. 2008-132 declaring that the Local Emergency for repair of the sinkhole
and storm drain pipeline from 2283 Cameo Road to El Camino Real is terminated.
1319 declaring that the Local Emergency for repair of the sinkholeResolution No.
and potable water pipeline from 2277 Cameo Road to El Camino Real is terminated.
FOR CITY CLERKS USE ONLY.
COUNCIL/BOARD ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
Cf CONTINUED TO DATE SPECIFIC
D 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
1
RESOLUTION NO. 2008-132
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL
EMERGENCY FOR REPAIR OF THE SINKHOLE AND STORM
4 DRAIN PIPELINE FROM 2283 CAMEO ROAD TO EL CAMINO
REAL IS TERMINATED.
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
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
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 were needed to mitigate potential damage to the existing
14 potable water system and further damage to real property; and
15 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
16 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
17 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
18 WHEREAS, staff has determined that the potential damage to water lines, as well as the
threat to real property meets the criteria for an emergency as defined in Public Contract Codei y
Section 1102; and20
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
25 components and conditions have been restored and declared abated by order of the City Manager
26 and City Council; and
27
28
1 WHEREAS, on March 7, 2008, the City Manager declared a state of Local Emergency;
2 and
3 WHEREAS, on March 18, 2008, City Council confirmed a continuing state of
4 Local Emergency; and
5 WHEREAS, on April 1, 2008, City Council declared a continuing state of
6 Local Emergency; and
7 WHEREAS, on April 15, 2008, City Council declared a continuing state of
8 Local Emergency; and
9 WHEREAS, on April 22, 2008, City Council declared a continuing state of
Local Emergency; and
11 WHEREAS, said Local Emergency has been abated and there is no need for the state of
12 Local Emergency to continue for repairs of sinkhole and storm drain pipeline from 2283 Cameo
13 Road to El Camino Real.
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
15 California, as follows:
A Ci
1. That the above recitations are true and correct.
2. That the declaration of emergency is hereby terminated according to State law.
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
Carlsbad City Council and Carlsbad Municipal Water District, held on the 6th day of
May, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
ORRAINEE M. W
(SEAL)
1
RESOLUTION NO. 1319
2
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
3 MUNICIPAL WATER DISTRICT (CMWD) DECLARING THAT THE
LOCAL EMERGENCY FOR REPAIR OF THE SINKHOLE AND
4 POTABLE WATER PIPELINE FROM 2277 CAMEO ROAD TO
EL CAMINO REAL IS TERMINATED.
5 WHEREAS, on March 1, 2008, a sink hole and separated storm drain pipeline were
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
12 3817 El Camino Real; and
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,
15 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
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
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
21 purchasing rules pursuant to the Operation Agreement between Carlsbad Municipal Water District
22 and the City of Carlsbad dated June 25, 1991; and
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
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 Carlsbad Municipal Water District declared a Local Emergency; and
WHEREAS, said Local Emergency has been abated and there is no need for the state of
v)
Local Emergency to continue for repairs of sinkhole and potable water pipeline from 2277 Cameo
6
Road to El Camino Real.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Q
Water District (CMWD) of the City of Carlsbad, California, as follows:
9 1. That the above recitations are true and correct.
10 2. The declaration of emergency is hereby terminated according to State law.
11 ///
12 ///
13 ///
14 /"
15 '"
16 '"
III
17
///
18
///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 '"
26 '"
III
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 6th day of May, 2008, by the following vote to wit:
AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
Presldent
ATTEST:
/ORRAlNE M. W£)0b, Secretary
/(SEALY y
'