HomeMy WebLinkAbout2008-02-19; City Council; Resolution 2008-046^
RESOLUTION NO. 2008-046
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE
CONTINUATION OF A LOCAL EMERGENCY AND
4 APPROPRIATING FUNDS.
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WHEREAS, on January 7, 2008 a sinkhole and separated waterline were6
discovered; and
g WHEREAS, the sinkhole is creating restricted public and emergency services
9 access to 2402 Tamarack Avenue; and
10 WHEREAS, as a result of isolating the waterline the facility has no active fire
11 hydrants for fire protection; and
12 WHEREAS, emergency repairs are needed to mitigate further damage to the
13 existing sewer system thereby eliminating the potential for a sewer spill creating public
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health and safety concerns; and
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WHEREAS, in addition, continued expansion of the sinkhole would eventually
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create substantial impacts to Tamarack Avenue, its use and the remaining utilities in the
, 0 street; and10
19 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a
20 sudden, unexpected occurrence that poses a clear and imminent danger, requiring
21 immediate action to prevent or mitigate the loss or impairment of life, health, property, or
22 essential public services"; and
23 WHEREAS, staff has determined that the damage to City water and sewer lines
24 as well as the threat to Tamarack Avenue meets the criteria for an emergency as
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defined in Public Contract Code Section 1102, and
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WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad27
Municipal Code gives the City Manager authority to declare a public emergency subject28
1 to confirmation by the city council, by four-fifths vote at its next regularly scheduled
2 meeting following the declaration of the emergency; and
3 WHEREAS, said local emergency continues until the sinkhole and all associated
4 components and conditions have been restored and declared abated by order of the
5 City Manager and City Council; and
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WHEREAS, the Council has received the necessary information and update in
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order to evaluate the continuing need for a local state of emergency; and8
n WHEREAS, it is the intent of the City Council to do all things necessary toy
10 effectuate this intent,
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
12 Carlsbad, California, as follows:
13 1. That the above recitations are true and correct.
14 2. There is a need to continue the state of the local emergency declared
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Tuesday, February 5, 2008, by adoption of Resolution No. 2008-026, which need
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includes mitigation of property damage, placement of erosion control devices and
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construction and placement of other devices.18
19 3. That the City Manager or her designee is authorized and directed to
20 complete and file all appropriate forms and documents necessary to abate the
21 emergency and to obtain the maximum cooperation and assistance both financial and
22 otherwise in responding to this emergency.
23 4. That every fourteen days the City Manager shall review with City Council
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the emergency actions taken to date and determine the need to continue the
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emergency.
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5. That the Finance Director is authorized to appropriate $750,000 from
Council contingency for the repairs.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 19tb day of February 2008, by the following vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST: