HomeMy WebLinkAbout2009-01-13; City Council; Resolution 2009-0111
RESOLUTION NO. 2009-011
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, TO CONTINUE THE DECLARATION OF LOCAL
EMERGENCY FOR REPAIR OF A SINKHOLE AND STORM DRAIN
4 FROM CARLSBAD BOULEVARD TO NORTH COUNTY TRANSIT
DISTRICT RIGHT-OF-WAY, PROJECT NO. 3624.
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WHEREAS, on December 5, 2008, a sinkhole was discovered at 2550 Carlsbad
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Boulevard; and
WHEREAS, the sinkhole is creating a nuisance in the rear yard at 2550 Carlsbad8
Boulevard; and9
WHEREAS, the sinkhole and damaged storm drain pipe have the potential to cause10
erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District
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right-of-way; and
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WHEREAS, emergency repairs are needed to mitigate further damage to real property;
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and
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, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
13 Code gives the City Manager authority to declare a public emergency subject to confirmation by
^g the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
of the emergency; and
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
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and City Council; and
23 WHEREAS, additional funds in the amount of $208,000 are required to fund the repair of
24 a sinkhole and storm drain replacement and such funds are available in the Infrastructure
25 Replacement Fund; and
26 WHEREAS, on December 16, 2008, City Council declared a state of Local Emergency;
27 and
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1 WHEREAS, on January 6, 2009, City Council declared a continuing state of Local
2 Emergency; and
3 WHEREAS, the City Council has received the necessary information and update in order
4 to evaluate the continuing need for a local state of emergency; and
5 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
6 intent.
7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
8 California, as follows:
9 1. That the above recitations are true and correct.
10 2. There is a need to continue the state of the local emergency declared Tuesday,
11 December 16, 2008, by adoption of Resolution No. 2008-342, which includes mitigation of
12 property damage, placement of erosion control devices and construction and placement of storm
13 drain and associated devices.
14 3. That the City Manager or her designee is authorized and directed to complete
15 and file all appropriate forms and documents necessary to abate the emergency and to obtain the
ifi10 maximum cooperation and assistance both financial and otherwise in responding to this
17 emergency.
18 4. That every fourteen days or at the next scheduled meeting the City Manager
19 shall review with City Council the emergency actions taken to date and determine the need to
20 continue the emergency.
21 5. That the Finance Director is authorized to appropriate an additional $208,000
22 from 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 13th day of January, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
tDWDE" A LEWIS', M"ayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)