HomeMy WebLinkAbout2008-11-18; City Council; Resolution 2008-3061
RESOLUTION NO. 2008-306
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING THE FINAL
ACCOUNTING AND THE CONTRACT FOR THE TAMARACK
AVENUE SINKHOLE REPAIR, PROJECT NO. 1005, AS
COMPLETE AND DIRECTING THE CITY CLERK TO RECORD A
NOTICE OF COMPLETION AND RELEASE BONDS IN
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ACCORDANCE WITH STATE LAW AND CITY ORDINANCES.
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WHEREAS, on January 7, 2008, a sinkhole and separated waterline were discovered on
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Tamarack Avenue; and
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WHEREAS, the sinkhole was creating restricted public and emergency services access
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to 2402 Tamarack Avenue; and
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WHEREAS, as a result of isolating the waterline the facility had no active fire hydrants
for fire protection; and
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WHEREAS, emergency repairs were needed to mitigate further damage to the existing
13 sewer system thereby eliminating the potential for a sewer spill creating public health and safety
concerns; and
WHEREAS, continued expansion of the sinkhole would eventually create substantial
impacts to Tamarack Avenue, its use and the remaining utilities in the street; and
WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
WHEREAS, staff determined that the damage to City water and sewer lines as well as
the threat to Tamarack Avenue met the criteria for an 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 Municipal
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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
WHEREAS, on January 25, 2008, the City Manager declared a state of Local
Emergency; and
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WHEREAS, on February 5, 2008, City Council adopted resolution no. 2008-026
declaring a Local Emergency; and
WHEREAS, on February 19, 2008, City Council confirmed a continuing state of
Local Emergency; and
WHEREAS, on March 4, 2008, City Council confirmed a continuing state of
Local Emergency; and
WHEREAS, on March 18, 2008, City Council confirmed a continuing state of
Local Emergency; and
WHEREAS, on April 15, 2008, City Council declared the Local Emergency had been
abated and no need for the state of Local Emergency to continue for repairs of the sinkhole on
Tamarack Avenue; and
WHEREAS, a final accounting of the project indicates $509,417 was required to mitigate
the sinkhole on Tamarack Avenue; and
WHEREAS, the Tamarack Avenue Sinkhole Repair, specifically identified as Project
No. 1005 was completed to the City's satisfaction by Don Hubbard Construction Co. on
September 10, 2008; and
WHEREAS, the formal project Notice of Completion has been prepared.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the City Council accepts the final accounting for the Tamarack Avenue
Sinkhole Repair, Project No. 1005.
3. The City Clerk of the City of Carlsbad is hereby authorized and directed to
execute and record the Notice of Completion for the Tamarack Avenue Sinkhole Repair, Project
No. 1005.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Municipal Water District Board of Directors, held
on the 18th day of November, 2008, by the following vote:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
ATTEST:
UORRAII
(SEAL)
tf, City Clerk