HomeMy WebLinkAbout2008-03-18; City Council; Resolution 2008-0881
RESOLUTION NO. 2008-088
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PROJECT NO. 6607.
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WHEREAS, on March 1, 2008, a sink hole and separated storm drain pipeline were
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discovered in a drainage easement located at 2283 Cameo Road; and
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WHEREAS, the sinkhole is creating a nuisance in the rear yard at 2277 and 2283
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Cameo Road; and
9 WHEREAS, the sinkhole and missing storm drain segment have the potential to
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE OF A
LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE AND
STORM DRAIN FROM 2283 CAMEO ROAD TO EL CAMINO REAL,
undermine an existing 6-inch potable water pipeline and cause erosion and damage of real
property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and
3817 El Camino Real; and
WHEREAS, emergency repairs are needed to mitigate potential damage to the existing
potable water system and further damage to real property; and
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WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,15
unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
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prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
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WHEREAS, staff has determined that the potential damage to water lines as well as the
18 threat to real property meets the criteria for an emergency as defined in Public Contract Code
19 Section 1102; and
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
Code gives the City Manager authority to declare a public emergency subject to confirmation by
the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
of the emergency; and
WHEREAS, said local emergency continues until the sinkhole and all associated
components and conditions have been restored and declared abated by order of the City Managertw
and City Council; and
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WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
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intent.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows:
3 1. That the above recitations are true and correct.
4 2. That the foregoing constituted an emergency situation requiring immediate action
5 which could not reasonably wait for the next regularly scheduled meeting of the City Council of the
6 City of Carlsbad and required that the City dispense with the formal bidding process.
7 3. That the City Manager or her designee is authorized and directed to complete
8 and file all appropriate forms and documents necessary to abate emergency and to obtain the
9 maximum cooperation and assistance both financial and otherwise in responding to this
10 emergency.
11 4. That every fourteen days the City Manager shall review with City Council the
12 emergency actions taken and determine the need to continue the emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of March, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
L6RRAJNE M.
(SEAL!
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