HomeMy WebLinkAbout2009-12-22; City Council; 20078; Continuation of Local Declaration of EmergencyCITY OF CARLSBAD - AGENDA BILL 8
AB#
MTG.
DEPT.
20,078
12/22/09
ENG
CONTINUATION OF LOCAL DECLARATION OF
EMERGENCY FOR REPAIR OF A STORM
DRAIN FROM 2950 LA COSTA AVENUE TO
7546 GIBRALTAR STREET, PROJECT NO. 6607
DEPT. HEAD/' £.7^"
CITY ATTY. fQ?^
CITY MGR. (jj^^
RECOMMENDED ACTION:
2009-321Adopt Resolution No.to continue the Declaration of a Local Emergency for Repair
of a Storm Drain from 2950 La Costa Avenue to 7546 Gibraltar Street.
ITEM EXPLANATION:
Due to the nature of the construction efforts associated with the repairs for the storm drain from 2950
La Costa Avenue to 7546 Gibraltar Street, it is necessary to continue the emergency declaration to
ensure repair work can be completed. Staff has initiated repairs and 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:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269.
FISCAL IMPACT:
The estimate for the repairs is $150,000 and includes contractor services and City force services.
Cost increases could occur due to unforeseen conditions. As shown in the table below, there are
currently sufficient funds available in the CMP Replacement Program, Project No. 6607.
CMP REPLACEMENT PROGRAM - PROJECT NO. 6607
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
Environmental Mitigation & Monitoring
Real Property Acquisition
TOTAL
APPROPRIATED
TO DATE
$501,000
$1,247,700
$31,000
$29,300
$1,809,000
EXPENDITURES/
ENCUMBRANCES
/OBLIGATIONS
TO DATE
$319,071
$145,467
$50
$24,300
$488,888
REMAINING
BALANCES
$181,929
$1,102,233
$30,950
$5,000
$1,320,112
DEPARTMENT CONTACT: Sherri Howard, 760-602-276, Sherri.Howard@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
ef
D
D
Dn
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. 2009-321 to continue the Declaration of Local Emergency for repair of a
storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street, Project No. 6607.
EXHIBIT 1
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 rtot 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 rapid and unexpected deterioration of a storm drain
pipeline from 2950 La Costa Avenue to 7546 Gibraltar Street; 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: . /. <".' ^ M BV:
Lisa Hildabrand, City Manager
City of Carlsbad, California
RESOLUTION NO. 2009-321
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO CONTINUE THE
DECLARATION OF LOCAL EMERGENCY FOR REPAIR OF
4 A STORM DRAIN FROM 2950 LA COSTA AVENUE TO 7546
GIBRALTAR STREET, PROJECT NO. 6607.
5
WHEREAS, on November 18, 2009, a degraded and deteriorated storm drain pipeline
6
was discovered using closed circuit television monitoring; and
WHEREAS, an additional inspection was performed on November 30, 2009; and
8
WHEREAS, the damaged portion of the storm drain conveys storm water from 2950 Lay
Costa Avenue to 7546 Gibraltar Street; and10
WHEREAS, the degraded and deteriorated storm drain includes two large missing
segments that have the potential to cause a slope failure; and
WHEREAS, emergency repairs are needed to mitigate potential damage to remaining
i «J
storm water improvements and the existing slope and eliminate the threat of damage to real
. _ property; and15
.... WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,ID
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
18
WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad Municipal
19 Code gives the City Manager authority to declare a public emergency subject to confirmation by
20 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
21 of the emergency; and
22 WHEREAS, said local emergency continues until the storm drain repair and all
23 associated components and conditions have been restored and declared abated by order of the
24 City Manager and City Council; and
25 WHEREAS, on December 8, 2009, City Council declared a state of Local Emergency;
26 and
WHEREAS, the City Council has received the necessary information and update in order
to evaluate the continuing need for a local state of emergency; and28 i /
1 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
2 intent.
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
4 California, as follows:
5 1. That the above recitations are true and correct.
6 2. There is a need to continue the state of the local emergency declared Tuesday,
7 December 8, 2009, by adoption of Resolution No. 2009-312, which includes mitigation of property
8 damage, placement of erosion control devices and construction and placement of storm drain and
9 associated devices.
10 3. That the City Manager or her designee is authorized and directed to complete
11 and file all appropriate forms and documents necessary to abate the emergency and to obtain the
12 maximum cooperation and assistance both financial and otherwise in responding to this
13 emergency.
14 4. That every fourteen days or at the next scheduled meeting the City Manager
15 shall review with City Council the emergency actions taken to date and determine the need to
*® continue the emergency.
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 /;/
26 ///
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 22nd day of December. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
(DDE A LEWIS, Mayor
ATTEST:
l\ < /^n ,/i'
L/ORRAIIste M. Wqt>p\ City Clerk
/(SEAL) / )/ *--'