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HomeMy WebLinkAbout2009-10-06; City Council; 19991; Declaration of local emergency 2404 Tamarack AveCITY OF CARLSBAD - AGENDA BILL "^^ AB# 19,991 MTG- 10/06/09 DEPT. PW-M&O DECLARATION OF LOCAL EMERGENCY FOR REPLACEMENT OF SEWER MAIN AT 2402 TAMARACK AVENUE In n\.\L^^ DEPT. HEAD /Wf) CITY ATTY. {jfflfrfYjf- CITYMGR. '\/jC^ RECOMMENDED ACTION: Resolution No. 2009-248 declaring a local emergency for replacement of the sewer main at 2402 Tamarack Avenue. ITEM EXPLANATION: On September 28, 2009, City of Carlsbad staff discovered a sewer main spill at a manhole located at 2402 Tamarack Avenue in the vicinity of the abandoned Calavera sewer treatment facilities. Staff found a large amount of debris had been placed into the sewer main by vandals, causing the spill. Staff has taken all steps necessary to prevent ongoing sewer spill, clean-up the impacted area and ensure the continuous provision of sewer services to the surrounding residents. Damage resulting from the vandalism was so extensive that a temporary above ground "hi-line" system has been constructed to divert the sewer flows around and downstream of the damaged line. Because the "hi-line" system is temporary, it is critical that the sewer line be replaced. Therefore, the sewer line replacement project in the 2009-10 Capital Improvement Program for the replacement of the damaged sewer line is proposed to be accelerated. Due to the nature of the construction efforts associated with the emergency replacement of the sewer main at 2402 Tamarack Avenue, it is necessary to declare an emergency to prevent or mitigate the loss or impairment of life, health, property, or essential public services. The conditions do not permit a delay resulting from a competitive solicitation for bids. The City Council was not in session and could not immediately be called into session. The City Manager signed the Emergency Declaration on October 1, 2009. Section 3.28.120 of the Carlsbad Municipal Code requires that the Council ratify the City Manager's proclamation at its next regularly scheduled meeting. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. DEPARTMENT CONTACT: Mark Stone 760-438-2722 Mark.Stone@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED P Dnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES n Dnn Page 2 FISCAL IMPACT: The 2009-10 Capital Improvement Program budget included funding for replacement of this particular sewer line. Staff will be moving forward with the project immediately, based on the recent events. The sewer replacement funds which are currently appropriated for this project are anticipated to be sufficient for the interim costs related to diverting the sewer flow until the replacement is complete. If the bids for the project come in higher than anticipated, then staff may need to return for additional funding at a later date. EXHIBITS: 1. Declaration of Local Emergency. 2. Resolution No. 2009-248. declaring a local emergency for replacement of the sewer main at 2402 Tamarack Avenue. \y— 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 the vandalizing of a sewer main at 2402 Tamarack Avenue; 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: Lisa Hildabrand, City Manager City of Carlsbad, California EXHIBIT 2 1 RESOLUTION NO. 2009-248 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, PROCLAIMING THE DECLARATION OF A LOCAL EMERGENCY. 4 5 WHEREAS, on September 28, 2009 a sewer main spill was discovered; and 6 WHEREAS, the sewer main spill was caused by vandals; and WHEREAS, the sewer main spill was creating extreme peril to the safety of 8 persons and property at 2402 Tamarack Avenue; and 9 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a 10 sudden, 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 13 essential public services"; and 14 WHEREAS, a temporary sewer line was constructed above ground to divert 15 sewer flows; and 16 WHEREAS, due to the temporary nature of the above ground sewer line, it is 17 critical that the sewer line be replaced; and 1R WHEREAS, these conditions did not permit a delay resulting from a competitive 19 solicitation for bids as defined in Public Contract Code Section 22050; and 20 WHEREAS, the City Council of the City of Carlsbad was not in session and could 21 not immediately be called into session; and22 23 WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad 24 Municipal Code gives the City Manager authority to declare a local emergency subject 25 to confirmation by the City Council, by four-fifths vote at its next regularly scheduled 26 meeting following the declaration of the emergency; and 27 /// 28 1 WHEREAS, said local emergency continues until the sewer main spill and all 2 associated components and conditions have been restored and declared abated by q order of the City Manager and City Council; and 4 WHEREAS, on October 1, 2009, the City Manager declared a state of Local 5 Emergency; and 6 WHEREAS, it is the intent of the City Council to do all things necessary to 7 effectuate this intent.8 g NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 10 Carlsbad, California, as follows: 11 1. That the above recitations are true and correct. 12 2. There is a need to proclaim the state of the local emergency declared Thursday, October 1, 2009, by adoption of Resolution No.2009-248. 14 3. That the City Manager or her designee is authorized and directed to 15 complete and file all appropriate forms and documents necessary to abate the 16 emergency and to obtain the maximum cooperation and assistance both financial and 18 otherwise in responding to this emergency. 19 4. That the City Manager or her designee is authorized and directed to 20 replace the sewer line at 2402 Tamarack Avenue. 21 5. That every fourteen days the City Manager shall review with City Council 22 the emergency actions taken to date and determine the need to continue the 23 emergency. 24 6. That funds are currently appropriated for the replacement of the sewer line and are sufficient to cover all project-related costs. 27 a ^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 Special Meeting of the City Council of the City of Carlsbad on the 6th day of October. 2009, by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Lewis. CLAUDE A LEWIS', Mayor ATTEST: M. WOOD, City Clerk *. -•••»•- _ •-• K,ft,,.>* Declaration of Local Emergency at 2402 Tamarack Avenue City of Carlsbad City Council October 6, 2009 Overflow September 29, 2009 8:30 a.m. Map Second Overflow September 30, 2009 at 8:30 a.m. Photo of HiLine (temp line) Map Recommendation Adopt Resolution ratifying the State of Local Emergency declared by the City Manager on October 1, 2009 at 2402 Tamarack Avenue Questions?