HomeMy WebLinkAbout2009-03-17; Municipal Water District; 676; Repair Recycled Water Line Break Palomar AirportCARLSBAD MUNICIPAL WATER DISTRICT
AGENDA BILL
676AB#
MTG. 3/17/09
DEPT. PW-M&O
RETROACTIVE DECLARATION OF LOCAL
EMERGENCY FOR REPAIR OF A RECYCLED WATER
LINE BREAK ON PALOMAR AIRPORT ROAD
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopting a Resolution to proclaim the existence of a Retroactive Declaration of Local Emergency for
the repair of a recycled water line break.
ITEM EXPLANATION:
On February 5, 2009 conditions of extreme peril to the safety of persons and property arose within the
City of Carlsbad caused by a 27" recycled water line break crossing the three East bound lanes of
Palomar Airport Road, approximately 500' east of El Camino Real, in Carlsbad, California.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269.
FISCAL IMPACT:
Funds will be estimated and identified by the Public Works Engineering Department and brought to
the Board in a separate action.
EXHIBITS:
1. Retroactive Declaration of Local Emergency;
2. Resolution No. 1348 proclaiming the Retroactive Declaration of a Local Emergency for
the repair of a recycled water line break on Palomar Airport Road.
DEPARTMENT CONTACT: Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED tf
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETU RN ED TO STAFF D
OTHER - SEE MINUTES D
RETROACTIVE DECLARATION OF LOCAL EMERGENCY
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District
empowers the Executive Manager to proclaim the existence of a local emergency when
said District is affected by a public calamity and the Board of Directors is not in session;
and
WHEREAS, the Executive Manager of the Carlsbad Municipal Water District
does hereby find:
That on February 5, 2009 conditions of extreme peril to the safety of persons and
property arose within the City of Carlsbad caused by a 27" recycled water line break
crossing the three eastbound lanes of Palomar Airport Road, approximately 500' east of
El Camino Real; and
That these conditions created an unexpected occurrence that posed 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, that were beyond the
control of the services, personnel, equipment and facilities of the Carlsbad Municipal
Water District; and
That these conditions did not permit a delay resulting from a competitive
solicitation for bids, and that the action was necessary to respond to the emergency; and
That the Board of Directors of the Carlsbad Municipal Water District was not in
session and could not immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency
existed in the Carlsbad Municipal Water District; 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
Carlsbad Municipal Water District are those prescribed by state law, by ordinances and
resolutions of the City of Carlsbad Emergency Plan.
Dated: 3> o&1 By:
Tisa Hildabrand, Executive Manager
Carlsbad Municipal Water District
1
RESOLUTION NO. 1348
2
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
3 DISTRICT BOARD OF DIRECTORS OF CARLSBAD,
CALIFORNIA, PROCLAIMING A RETROACTIVE DECLARATION
4 OF A LOCAL EMERGENCY
5
WHEREAS, on February 5, 2009 conditions of extreme peril to the safety of6
persons and property arose within the City of Carlsbad caused by a 27" recycled water
8 line break crossing the three East bound lanes of Palomar Airport Road, approximately
9 500' east of El Camino Real, in Carlsbad, California; and
10 WHEREAS, these conditions created an unexpected occurrence that posed a
11 clear and imminent danger and required immediate action to prevent or mitigate the loss
19 or impairment of life, health, property, or essential public services, and are or are likely
13 to be beyond the control of the services, personnel, equipment and facilities of the
14
Carlsbad Municipal Water District; and
15
WHEREAS, these conditions did not permit a delay resulting from a competitive
16
solicitation for bids, and that the action was necessary to respond to the emergency;
18 and
-19 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District was
20 not in session and could not immediately be called into session; and
21 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad
22 Municipal Code gives the City Manager authority to declare a public emergency subject
23 to confirmation by the Carlsbad Municipal Water District Board of Directors, by four-
24
fifths vote at its next regularly scheduled meeting following the declaration of the
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emergency; and
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1 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water
2 District Board of Directors of the City of Carlsbad, California, as follows:
3
1. That the above recitations are true and correct.
4 2. There is a need to proclaim the state of the local emergency that occurred
5
on Thursday, February 5, 2009, by adoption of Resolution No. 1348 .
6
3. That the City Manager or her designee is authorized and directed to
complete and file all appropriate forms and documents necessary to abate the
9 emergency and to obtain the maximum cooperation and assistance both financial and
10 otherwise in responding to this emergency.
11 4. That every fourteen days the City Manager shall review with the CMWD
12 Board the emergency actions taken to date and determine the need to continue the
13 emergency.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 17th day
of March, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
6P,
LORRAINE M. WOOD, Secretary
(SEAL)
S : eo t