HomeMy WebLinkAbout2008-04-22; City Council; Resolution 2008-120RESOLUTION NO. 2008-120
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL
EMERGENCY FOR REPAIR OF A SINKHOLE AND STORM DRAIN
4 FROM 2283 CAMEO ROAD TO EL CAMINO REAL. PROJECT NO. 6607.
5 WHEREAS, on March 1, 2008, a sink hole and separated storm drain pipeline were
6 discovered in a drainage easement located at 2283 Cameo Road; and
7 WHEREAS, the sinkhole is creating a nuisance in the rear yard at 2277 and
8 2283 Cameo Road; and
9 WHEREAS, the sinkhole and missing storm drain segment had the potential to
10 undermine an existing 6-inch potable water pipeline and cause erosion and damage of real
11 property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and
12 3817 El Camino Real; and
13 WHEREAS, emergency repairs are needed to mitigate potential damage to the existing
potable water system and further damage to real property; and14
WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
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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
17 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
20 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
21 Code gives the City Manager authority to declare a public emergency subject to confirmation by
22 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
23 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 Manager
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and City Council; and
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WHEREAS, on April 15, 2008, City Council declared a continuing state of Local
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Emergency; and
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1 WHEREAS, the City Council has received the necessary information and update in order
2 to evaluate the continuing need for a local state of emergency; and
3 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
4 intent.
5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
6 California, as follows:
7 1. That the above recitations are true and correct.
8 2. There is a need to continue the state of the local emergency declared Tuesday,
9 March 18, 2008, by adoption of Resolution No. 2008-088, which need includes mitigation of
10 property damage, placement of erosion control devices and construction and placement of other
11 devices.
12 3. That the City Manager or her designee is authorized and directed to complete
13 and file all appropriate forms and documents necessary to abate the emergency and to obtain the
14 maximum cooperation and assistance both financial and otherwise in responding to this
15 emergency.
'® 4. That every fourteen days the City Manager shall review with City Council the
1Y' emergency actions taken to date and determine the need to continue the emergency.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City
Council and Municipal Water District of the City of Carlsbad on the 22nd day of April,
2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST: