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HomeMy WebLinkAbout2008-10-07; City Council; Resolution 2008-2841 RESOLUTION NO. 2008-284 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ACCEPTING THE FINAL ACCOUNTING AND THE CONTRACT FOR THE LOCAL 4 EMERGENCY REPAIR OF THE SINKHOLE AND STORM DRAIN PIPELINE FROM 2283 CAMEO ROAD TO EL CAMINO REAL AS 5 COMPLETE AND DIRECTING THE CITY CLERK TO RECORD A NOTICE OF COMPLETION AND RELEASE BONDS IN 6 ACCORDANCE WITH STATE LAW AND CITY ORDINANCES. 1 WHEREAS, on March 1, 2008, a sinkhole and separated storm drain pipeline were 8 discovered in a drainage easement located at 2283 Cameo Road; and 9 WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo 10 Road; and 11 WHEREAS, the sinkhole and missing storm drain segment had the potential to undermine an existing 6-inch potable water pipeline and cause erosion and damage of real 13 property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and 14 3817 El Camino Real; and 15 WHEREAS, emergency repairs were needed to mitigate potential damage to the existing potable water system and further damage to real property; and 17 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden, 18 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to 19 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and 20 WHEREAS, staff determined that the potential damage to water lines, as well as the threat to real property met the criteria for an emergency as defined in Public Contract Code Section 1102; and22 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal 23 Code gives the City Manager authority to declare a public emergency subject to confirmation by 24 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration 25 of the emergency; and 26 /// 27 28 1 WHEREAS, said Local Emergency continues until the sinkhole and all associated 2 components and conditions have been restored and declared abated by order of the City Manager and City Council; and WHEREAS, on March 7, 2008, the City Manager declared a state of Local Emergency; _ ando WHEREAS, on March 18, 2008, City Council confirmed a continuing state of 7 Local Emergency; and WHEREAS, on April 1, 2008, City Council declared a continuing state of Local Emergency; and WHEREAS, on April 15, 2008, City Council declared a continuing state of Local Emergency; and 12 WHEREAS, on April 22, 2008, City Council declared a continuing state of 13 Local Emergency; and 14 WHEREAS, on May 6, 2008, City Council declared the Local Emergency had been 15 abated and no need for the state of Local Emergency to continue for repairs of sinkhole and storm 15 drain pipeline from 2283 Cameo Road to El Camino Real; and 17 WHEREAS, a final accounting of the project indicate $164,646 was required to mitigate 18 the sinkhole and storm drain pipeline repair; and 19 WHEREAS, the construction of the Storm Drain and Sinkhole Repair between 20 Cameo Road and El Camino Real has been completed to the City's satisfaction by Don Hubbard 21 Construction Company; and 22 WHEREAS, the formal project Notice of Completion has been prepared. 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 24 California, as follows: 25 1. That the above recitations are true and correct. 26 2. That the City Council accepts the final accounting for the repairs of sinkhole and 27 storm drain pipeline from 2283 Cameo Road to El Camino Real. 28 M 1 3. That the Storm Drain and Sinkhole Repair between Cameo Road and El Camino 2 Real, is deemed complete and is hereby accepted by the City Council of the City of Carlsbad, 3 Project 6607. 4 4. The City Clerk of the City of Carlsbad is hereby authorized and directed to 5 execute and record the Notice of Completion for the Storm Drain and Sinkhole Repair between 6 Cameo Road and El Camino Real, Project No. 6607. 7 /// 8 /// 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 Joint Special Meeting of the Carlsbad City Council and Carlsbad Municipal Water District of on the 7th day of October, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: LTORRAINE M. WOOD, City Clerk (SEAL)