HomeMy WebLinkAbout2008-04-15; City Council; Resolution 2008-1071
RESOLUTION NO. 2008-107
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE TERMINATION
OF A LOCAL EMERGENCY.
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WHEREAS, on January 7, 2008 a sinkhole and separated waterline were
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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
1° hydrants for fire protection; and
WHEREAS, emergency repairs are needed to mitigate further damage to the
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existing sewer system thereby eliminating the potential for a sewer spill creating public
13 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 the16
17 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, City Manager has determined that the damage to City water and
23 sewer lines as well as the threat to Tamarack Avenue meets the criteria for an
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emergency as 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 Carlsbad
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Municipal Code gives the City Manager authority to declare a public emergency subject
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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
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
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City Manager and City Council; and
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WHEREAS, on February 19, 2008, City Manager declared a continuing state of
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Local Emergency and $750,000 was authorized to be appropriated from Council8
Q contingency for the repair efforts; andy
10 WHEREAS, on March 4, 2008 City Manager declared a continuing state of Local
11 Emergency; and
12 WHEREAS, on March 18, 2008 City Manager declared a continuing state of
13 Local Emergency; and
WHEREAS, on April 1, 2008 City Manager declared a continuing state of Local
15 Emergency; and
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WHEREAS, said Local Emergency has been abated and there is no need for the
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state of Local Emergency to continue for repair of sinkhole, crib wall & utilities on
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Tamarack Avenue.
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
21 Carlsbad, California, as follows:
22 1. That the above recitations are true and correct.
23 2. The declaration of emergency is hereby terminated according to State law.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 15th day of April, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
CLAUDE A LEWIS, Mayor
ATTEST:
ac.
E M. W0t)0, City Clerfc