HomeMy WebLinkAbout2008-12-16; City Council; Resolution 2008-3421
RESOLUTION NO. 2008-342
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE OF A
LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE AND
4 STORM DRAIN FROM CARLSBAD BOULEVARD TO NORTH
COUNTY TRANSIT DISTRICT RIGHT-OF-WAY, PROJECT NO.
5 3624.
6 WHEREAS, on December 5, 2008, a sinkhole was discovered in a at 2550 Carlsbad
7 Boulevard; and
8 WHEREAS, the sinkhole is creating a nuisance in the rear yard at 2550 Carlsbad
g Boulevards; and
WHEREAS, the sinkhole and damaged storm drain pipe have the potential to cause
erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District
right-of-way; and
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WHEREAS, emergency repairs are needed to mitigate further damage to real property;
13 and
14 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
15 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
16 prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
17 WHEREAS, staff has determined that the threat to real property damage meets the
18 criteria for an emergency as defined in Public Contract Code Section 1102; and
^g WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
2Q Code gives the City Manager authority to declare a public emergency subject to confirmation by
the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
of the emergency; and
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WHEREAS, said local emergency continues until the sinkhole and all associated
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components and conditions have been restored and declared abated by order of the City Manager
24 and City Council; and
05 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
26 intent.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows:
3 1. That the above recitations are true and correct.
4 2. That the foregoing constituted an emergency situation requiring immediate action
5 which could not reasonably wait for the next regularly scheduled meeting of the City Council of the
6 City of Carlsbad and required that the City dispense with the formal bidding process.
7 3. That the City Manager or her designee is authorized and directed to complete
and file all appropriate forms and documents necessary to abate emergency and to obtain the
maximum cooperation and assistance both financial and otherwise in responding to this
emergency.
4. That every fourteen days or at the next scheduled meeting the City Manager
shall review with City Council the emergency actions taken and determine the need to continue the
emergency.
14 5. That the Finance Director is authorized to appropriate an additional $79,000 from
15 the Infrastructure Replacement Fund to Project No. 3624.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 16th day of December, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
VCLAUWE'K LEWIS, Mayor
ATTEST:
/, LI&RRAINB'M. WOOD^ity Clerk