HomeMy WebLinkAbout2009-12-01; City Council; 20049; Termination of Local Emergency/^%iii^\
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AB# 20,049
MTG. 12/01/09
DEPT. ENG
TERMINATION OF LOCAL DECLARATION OF
EMERGENCY FOR REPAIR OF SEWER MAIN AT
2402 TAMARACK AVENUE
DEPT. HEAD "£
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CITY ATTY. (^2"
CITY MGR. /. ,
RECOMMENDED ACTION:
Adopt Resolution No. 2009-296 Terminating the Declaration of Local Emergency for
Replacement of the sewer main at 2402 Tamarack Avenue.
ITEM EXPLANATION:
On September 28, 2009, a sewer spill occurred at the abandoned Calaveras Sewer Treatment Plant
due to vandalism. The sewer spill was unable to be resolved by cleaning the pipe since there is
limited access to the gravity sewer pipe from the Treatment Plant to El Camino Real. The City
Manager declared a local state of emergency on October 1, 2009, which allowed for the temporary
installation of a 12" HOPE above ground ("high line"), while a new sewer pipe is installed in Tamarack
Avenue with adequate access for future maintenance.
The Notice to Proceed for the sewer line construction in Tamarack Avenue was issued to Orion
Construction Corporation on October 13, 2009, and it is anticipated that the project will take 90
calendar days to complete. The construction contract has been executed and an Emergency
Declaration is no longer necessary.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269.
FISCAL IMPACT:
The 2009-2010 Capital Improvement Program budget included funding for replacement of this sewer
pipeline referred to as reach NAHT1A. 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 to
the 12" HOPE high line and for constructing a new sewer pipeline in the City's right-of-way.
A final accounting of the project will be provided to Council at the same time as the Notice of
Completion.
EXHIBITS:
1. Resolution No. 2009-296 Terminating the Declaration of Local Emergency for replacement of
the sewer main at 2402 Tamarack Avenue.
DEPARTMENT CONTACT: Jacob Moeder 760-602-2736 Jacob.Moeder@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED'
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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1 RESOLUTION NO. 2009-296
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TERMINATING THE
3 DECLARATION OF LOCAL EMERGENCY FOR
REPLACEMENT OF THE SEWER MAIN AT 2402 TAMARACK
4 AVENUE.
5 WHEREAS, on September 28, 2009, a sewer main spill was discovered; and
6 WHEREAS, the sewer main spill was caused by vandals; and
7 WHEREAS, the sewer main spill was creating extreme peril to the safety of persons and
8 property at 2402 Tamarack Avenue; and
9 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
10 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
11 prevent or mitigate the loss or impairment of life, health, property, or essential public services";
12 and
13 WHEREAS, a temporary sewer pipe high line was constructed to divert sewer flows; and
14 WHEREAS, due to the temporary nature of the above ground sewer line, it is critical that
15 the sewer line be replaced; and
^ WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad Municipal
* Code gives the City Manager authority to declare a local emergency subject to confirmation by
the City Council, by four-fifths vote at its next regularly scheduled meeting following the
1Q declaration of the emergency; and
on^ WHEREAS, on October 1, 2009, the City Manager declared a state of Local Emergency;
21 and
22 WHEREAS, on October 6, 2009, City Council confirmed a continuing state of Local
23 Emergency; and
24 WHEREAS, on October 20, 2009, City Council confirmed a continuing state of Local
25 Emergency; and
PR WHEREAS, on November 3, 2009, City Council confirmed a continuing state of Local
Emergency; and
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1 WHEREAS, on December 1, 2009, City Council declared the Local Emergency has
2 been abated and no need for state and Local Emergency to continue for the Tamarack Sewer
3 Repairs; and
4 WHEREAS, Orion Construction Corporation is expected to complete the sewer pipe
5 replacement project by January 2010.
6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
7 California, as follows:
° 1 . That the above recitations are true and correct.
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2. That the Tamarack Sewer Replacement, Project No. 5510 is expected to be
completed by January 2010.
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3. That the construction contract for the Tamarack Sewer Replacement, Project No.
12 5510 between the City of Carlsbad and Orion Construction Corporation has been executed and
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the Emergency Declaration may be terminated.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 1st day of December, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
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