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HomeMy WebLinkAbout2010-01-12; City Council; 20095; Termination of Local Declaration of EmergencyCITY OF CARLSBAD - AGENDA BILL AB# 20,095 MTG. 1/12/10 DEPT. ENG TERMINATION 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"/£-|— j- CITY ATTY. stf^ CITYMGR. (^ RECOMMENDED ACTION: Adopt Resolution No. 2010-008 to declare the local emergency for repair of a storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street is terminated. ITEM EXPLANATION: With emergency work completed, 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: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269. FISCAL IMPACT: Although repairs to abate the emergency have been completed, other non-emergency repairs continue in progress. Therefore, a financial accounting will be completed and presented at a later date. However, the table below reflects the current finished status of the project: 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 $313,941 $145,467 $50 $24,300 $483,758 REMAINING BALANCES $187,059 $1,102,233 $30,950 $5,000 $1,325,242 DEPARTMENT CONTACT: Sherri Howard 760-602-2756 sherri.howard@.carlsbadca.qov 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 COUNCIL/BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER -SEE MINUTES D D Q D Page 2 EXHIBITS: 1. Location map. 2. Resolution No. 2010-008 to declare the local emergency for repair of a storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street is terminated. LOCATION MAP \ >T~<-. NOT JO SCALE PROJECT NAME STORM DRAIN FROM 2950 LA COSTA AVENUE TO 7546 GIBRALTAR STREET 1 BY: SCOTT £VA«S OWLSBAO Uf&tlttRtHG DOT, U/2/OS K\CAPITM.y<OVURD\2950 U COSTA-STOW 1 RESOLUTION NO. 2010-008 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL EMERGENCY FOR REPAIR OF A STORM DRAIN FROM 2950 4 LA COSTA AVENUE TO 7546 GIBRALTAR STREET, PROJECT NO. 6607. IS TERMINATED. 5 WHEREAS, on November 18, 2009, a degraded and deteriorated storm drain pipeline 6 was discovered using closed circuit television monitoring; and 7 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 La 9 Costa Avenue to 7546 Gibraltar Street; and 10 WHEREAS, the degraded and deteriorated storm drain includes two large missing pipe11 segments that have the potential to cause a slope failure; and WHEREAS, emergency repairs are needed to mitigate potential damage to remaining I O storm water improvements and the existing slope and eliminate the threat of damage to real14 property; and I 0 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,16 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 21 declaration of the emergency; and 22 WHEREAS, on December 8, 2009, City Council declared a state of Local Emergency; 23 and 24 WHEREAS, said local emergency continues until the storm drain repair and all 25 associated components and conditions have been restored and declared abated by order of the City Manager and City Council; and 27 28 1 WHEREAS, on December 22, 2009, City Council declared a continuing state of 2 Local Emergency; and 3 WHEREAS, said Local Emergency has been abated and there is no need for the state of 4 Local Emergency to continue for repairs of the storm drain pipeline from 2950 La Costa Avenue to 5 7546 Gibraltar Street. 6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 7 California, as follows: 8 1. That the above recitations are true and correct. g 2. That the declaration of emergency is hereby terminated according to State law. 10 /// 11 ///12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 19 20 21 22 23 24 25 26 27 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 Regular Meeting of the City Council of the City of Carlsbad on the 12th day of January, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 'CLAUDS /^LEWIST Mayor ATTEST: