HomeMy WebLinkAbout2008-03-04; City Council; Resolution 2008-0611
RESOLUTION NO. 2008-061
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE
CONTINUATION OF A LOCAL EMERGENCY AND
4 APPROPRIATING FUNDS.
5 WHEREAS, on January 7, 2008 a sinkhole and separated waterline were
6 discovered; and
WHEREAS, the sinkhole is creating restricted public and emergency services
8
access to 2402 Tamarack Avenue; and
9
WHEREAS, as a result of isolating the waterline the facility has no active fire
10
hydrants for fire protection; and
11
WHEREAS, emergency repairs are needed to mitigate further damage to the
-I3 existing sewer system thereby eliminating the potential for a sewer spill creating public
14 health and safety concerns; and
15 WHEREAS, in addition, continued expansion of the sinkhole would eventually
16 create substantial impacts to Tamarack Avenue, its use and the remaining utilities in the
street; and
18 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a
19
sudden, unexpected occurrence that poses a clear and imminent danger, requiring
20
immediate action to prevent or mitigate the loss or impairment of life, health, property, or
21
essential public services"; and22 K
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
25 defined in Public Contract Code Section 1102, and
26 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad
27 Municipal Code gives the City Manager authority to declare a public emergency subject
28
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
6
WHEREAS, on February 19, 2008, staff declared a continuing state of Local
7
Emergency and $750,000 was authorized to be appropriated from Council contingency8
_ for the repair efforts; andy
10 WHEREAS, the Council has received the necessary information and update in
11 order to evaluate the continuing need for a local state of emergency; and
12 WHEREAS, it is the intent of the City Council to do all things necessary to
13 effectuate this intent,
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
15 Carlsbad, California, as follows:
16
1. That the above recitations are true and correct.
17
2. There is a need to continue the state of the local emergency declared18
1Q Tuesday, February 5, 2008, by adoption of Resolution No. 2008-026, which need
20 includes mitigation of property damage, placement of erosion control devices and
21 construction and placement of other devices.
22 3. That the City Manager or her designee is authorized and directed to
23 complete and file all appropriate forms and documents necessary to abate the
24 emergency and to obtain the maximum cooperation and assistance both financial and
25
otherwise in responding to this emergency.
26
27
28
1 4. That every fourteen days the City Manager shall review with City Council
2 the emergency actions taken to date and determine the need to continue the
emergency.
4
5. That the Finance Director is authorized to appropriate $750,000 from
5
Council contingency for the repairs.
6
7 '"
8
9
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 4th day of March, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
1A LEWIS, MlySr
ATTEST: