HomeMy WebLinkAbout2009-03-10; City Council; 19738; Termination of local emergencyCITY OF CARLSBAD - AGENDA BILL 8
AB# 19.738
MTG. 3/10/09
DEPT. ENG
TERMINATION OF LOCAL DECLARATION OF EMERGENCY
FOR REPAIR OF THE SINKHOLE AND STORM DRAIN FROM
CARLSBAD BOULEVARD TO OUTFALL IN NORTH COUNTY
TRANSIT DISTRICT RIGHT-OF-WAY, PROJECT NO. 3624
DEPT. HEAD/7 JLT^
CITY ATTY. /f^^
CITY MGR. OLA— -"
RECOMMENDED ACTION:
Adopt Resolution No. 2009-044 declaring that the Local Emergency for repair of the sinkhole
and storm drain from Carlsbad Boulevard to North County Transit District (NCTD) Right-of-Way is
terminated.
ITEM EXPLANATION:
There is no need for further emergency contracts to abate 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, therefore, is exempt from
further environmental documentation pursuant to Section 15302 of CEQA - Replacement or
Reconstruction.
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.
However, the table below shows the current status of the project:
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
$154,868
0
0
0
$207,983
REMAINING
BALANCES
$9,885
$287,132
0
0
0
$297,017
DEPARTMENT CONTACT: Eva Plajzer 760-602-2787 eplai@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL/BOARD ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
Page 2
EXHIBITS:
1. Location map.
2. Resolution No. 2009-044 declaring that the Local Emergency for repair of the sinkhole
and storm drain pipeline from Carlsbad Boulevard to North County Transit District (NCTD)
Right-of-Way is terminated.
z.
LOCATION MAP
CITY OF OCEANSIDE
HIGHWAY ,>»
NOT TO SCALE
SITE,
PROJECT NAME CARLSBAD BOULEVARD
STORM DRAIN REPLACEMENT
PROJECT
NUMBER
3624
EXHIBIT
1
DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 12/10/08 C:\CAPITAL\PLAJZER\3624.DWG
1
RESOLUTION NO. 2009-044
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 FROM CARLSBAD BOULEVARD TO OUTFALL IN
NORTH COUNTY TRANSIT DISTRICT RIGHT-OF-WAY,
5 PROJECT NO. 3624 IS TERMINATED.
6 WHEREAS, on December 5, 2008, a sinkhole was discovered at 2550 Carlsbad
7 Boulevard; and
8 WHEREAS, the sinkhole created a nuisance in the rear yard at 2550 Carlsbad
9 Boulevard; and
10 WHEREAS, the sinkhole and damaged storm drain pipe had the potential to cause
11 erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District
12 Right-of-Way; and
13 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
14 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"; and15
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
17
the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
18 of the emergency; and
19 WHEREAS, said Local Emergency continues until there is no further need to enter into
20 emergency contracts and is declared abated by order of the City Council; and
21 WHEREAS, on December 16, 2008, City Council declared a state of Local Emergency;
22 and
23 WHEREAS, on January 6, 2009, City Council declared a continuing state of
24 Local Emergency; and
25 WHEREAS, on January 13, 2009, City Council declared a continuing state of
26 Local Emergency; and
27
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1 WHEREAS, on January 27, 2009, City Council declared a continuing state of
2 Local Emergency; and
3 WHEREAS, on February 10, 2009, City Council declared a continuing state of
4 Local Emergency; and
5 WHEREAS, on February 17, 2009, City Council declared a continuing state of
6 Local Emergency; and
7 WHEREAS, said Local Emergency has been abated and there is no need for the state of
8 Local Emergency to continue for repairs of sinkhole and storm drain pipeline from Carlsbad
9 Boulevard to North County Transit District (NCTD) Right-of-Way.
10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
13 2. That the declaration of emergency is hereby terminated according to State law.
14 in
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of March, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
>, Mayor
ATTEST:
M. WOOg)City Cle