HomeMy WebLinkAbout2008-05-06; City Council; Resolution 2008-1321
RESOLUTION NO. 2008-132
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL
EMERGENCY FOR REPAIR OF THE SINKHOLE AND STORM
4 DRAIN PIPELINE FROM 2283 CAMEO ROAD TO EL CAMINO
REAL IS TERMINATED.
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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
WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo
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Road; and
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WHEREAS, the sinkhole and missing storm drain segment had the potential to
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undermine an existing 6-inch potable water pipeline and cause erosion and damage of real
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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 were needed to mitigate potential damage to the existing
14 potable water system and further damage to real property; and
15 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
16 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
17 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
^g WHEREAS, staff has determined that the potential damage to water lines, as well as the
threat to real property meets the criteria for an emergency as defined in Public Contract Codeiy
Section 1102; and20
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
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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
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WHEREAS, said Local Emergency continues until the sinkhole and all associated
25 components and conditions have been restored and declared abated by order of the City Manager
26 and City Council; and
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1 WHEREAS, on March 7, 2008, the City Manager declared a state of Local Emergency;
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3 WHEREAS, on March 18, 2008, City Council confirmed a continuing state of
4 Local Emergency; and
5 WHEREAS, on April 1, 2008, City Council declared a continuing state of
6 Local Emergency; and
7 WHEREAS, on April 15, 2008, City Council declared a continuing state of
8 Local Emergency; and
9 WHEREAS, on April 22, 2008, City Council declared a continuing state of
10 Local Emergency; and
WHEREAS, said Local Emergency has been abated and there is no need for the state of
1 2 Local Emergency to continue for repairs of sinkhole and storm drain pipeline from 2283 Cameo
13 Road to El Camino Real.
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
15 California, as follows:
1R 1. That the above recitations are true and correct.
17 2. That the declaration of emergency is hereby terminated according to State law.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Municipal Water District, held on the 6th day of
May, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
ORRAI
(SEAL)