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HomeMy WebLinkAbout2009-02-17; City Council; 19727; Continuation of local emergencyCITY OF CARLSBAD - AGENDA BILL AB# 19J27 MTG. 2/17/09 DEPT. ENG CONTINUATION OF LOCAL DECLARATION OF EMERGENCY FOR REPAIR OF SINKHOLE AND STORM DRAIN FROM CARLSBAD BOULEVARD TO OUTFALL IN NORTH COUNTY TRANSIT DISTRICT RIGHT-OF-WAY, PROJECT NO. 3624 DEPT. HEAD^ y(^Ty CITY ATTY. <(£^ CITY MGR. l/A^ RECOMMENDED ACTION: Adopt Resolution No. 2009-037 to continue the Declaration of Local Emergency for Repair of a Sinkhole and Storm Drain from Carlsbad Boulevard to North County Transit District (NCTD) Right- of-Way. ITEM EXPLANATION: Due to the nature of the construction efforts associated with the repairs for the sinkhole and storm drain from Carlsbad Boulevard to NCTD right-of-way, 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: The project involves the replacement of an existing storm drain pipe and, therefore, is exempt from further environmental documentation pursuant to Section 15302 of CEQA - Replacement or Reconstruction. FISCAL IMPACT: The estimated cost for this project is $505,000, which includes the costs for design, construction and City staff. Cost increases could occur due to unforeseen conditions. As shown in the table below, sufficient funds are currently available in Project No. 3624. CARLSBAD BOULEVARD STORM DRAIN REPLACEMENT - PROJECT NO. 3624 TASK DESCRIPTION Design Construction, Inspection, Materials Testing Environmental Mitigation & Monitoring Right-of-Way Acquisition Studies and Reports TOTAL APPROPRIATED TO DATE $63,000 $442,000 0 0 0 $505,000 EXPENDITURES/ ENCUMBRANCES TO DATE $53,115 $5,525 0 0 0 $58,640 REMAINING BALANCES $9,885 $436,475 0 0 0 $446,360 DEPARTMENT CONTACT: Eva Plajzer, 760-602-2787, eplai@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED & D D D n CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 EXHIBITS: 1. Declaration of Local Emergency. 2. Resolution No. 2009-037 to continue the Declaration of Local Emergency for repair of a sinkhole and storm drain from Carlsbad Boulevard to North County Transit District Right-of- Way, Project No. 3624. 2 e> / r 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 2550 Carlsbad Boulevard, 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: .f f__—, - _^* if i Hildabrand, City Manager City of Carlsbad, California 3 1 RESOLUTION NO. 2009-037 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, TO CONTINUE THE DECLARATION OF LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE AND STORM DRAIN 4 FROM CARLSBAD BOULEVARD TO NORTH COUNTY TRANSIT DISTRICT RIGHT-OF-WAY. PROJECT NO. 3624. 5 WHEREAS, on December 5, 2008, a sinkhole was discovered at 2550 Carlsbad 6 Boulevard; and 7 WHEREAS, the sinkhole is creating a nuisance in the rear yard at 2550 Carlsbad8 Boulevard; and9 WHEREAS, the sinkhole and damaged storm drain pipe have the potential to cause erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District 11 right-of-way; and 12 WHEREAS, emergency repairs are needed to mitigate further damage to real property; 13 and 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 17 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal 16 Code gives the City Manager authority to declare a public emergency subject to confirmation by 1g the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration of the emergency; and WHEREAS, said local emergency continues until the sinkhole and all associated 21 components and conditions have been restored and declared abated by order of the City Manager 22 and City Council; and 23 WHEREAS, on December 16, 2008, City Council declared a state of Local Emergency; 24 and 25 WHEREAS, on February 10, 2009, City Council declared a continuing state of Local 26 Emergency; and 27 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 December 16, 2008, by adoption of Resolution No. 2008-342, which includes mitigation of property damage, placement of erosion control devices and construction and placement of storm drain and associated 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 maximum cooperation and assistance both financial and otherwise in responding to this 15 emergency. 16 4. That every fourteen days or at the next scheduled meeting the City Manager 17' shall review with City Council the emergency actions taken to date and determine the need to continue the emergency. 19 ;;/ 20 /// 21 /// 22 /// 23 /// 24 ui 25 /// 26 /// 27 28 5" 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 17th day of February, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. LEWfe", "Mayor ATTEST: M*LORKAINE M. WOOD, City Clerk (SEAL)