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HomeMy WebLinkAbout2008-04-01; City Council; Resolution 2008-0941 RESOLUTION NO. 2008-094 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUATION OF A LOCAL EMERGENCY. 4 WHEREAS, on January 7, 2008 a sinkhole and separated waterline were 5 discovered; and6 7 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 12 existing sewer system thereby eliminating the potential for a sewer spill creating public 13 health and safety concerns; and 14 WHEREAS, in addition, continued expansion of the sinkhole would eventually 15 create substantial impacts to Tamarack Avenue, its use and the remaining utilities in the 16 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"; and 22 WHEREAS, staff has determined that the damage to City water and sewer lines 23 as well as the threat to Tamarack Avenue meets the criteria for an emergency as 24 defined in Public Contract Code Section 1102, and 25 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad 26 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 g for the repair efforts; and 10 WHEREAS, on March 4, 2008 and staff declared a continuing state of Local 11 Emergency; and 12 WHEREAS, on March 18, 2008 staff declared a continuing state of Local 13 Emergency; and 14 WHEREAS, the Council has received the necessary information and update in 15 order to evaluate the continuing need for a local state of emergency; and 16 WHEREAS, it is the intent of the City Council to do all things necessary to 17 effectuate this intent, 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of I y 2Q Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 22 2. There is a need to continue the state of the local emergency declared 23 Tuesday, February 5, 2008, by adoption of Resolution No. 2008-026, which need 24 includes mitigation of property damage, placement of erosion control devices and 25 construction and placement of other devices. 26 27 28 ,, 3. That the City Manager or her designee is authorized and directed to 2 complete and file all appropriate forms and documents necessary to abate the 3 emergency and to obtain the maximum cooperation and assistance both financial and 4 otherwise in responding to this emergency. 5 4. That every fourteen days the City Manager shall review with City Council 6 the emergency actions taken to date and determine the need to continue the 8 emergency. 9 /// 10 /// 11 /// 12 /// 13 /// 14 15 16 17 18 '" 19 /// 20 /// 21 /// 22 /// 23 /// 24 25 26 27 28 5 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 1st day of April, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: