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HomeMy WebLinkAbout2009-02-10; City Council; Resolution 2009-0271 RESOLUTION NO. 2009-027 2 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. 5 WHEREAS, on December 5, 2008, a sinkhole was discovered at 2550 Carlsbad 6 Boulevard; and 7 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 cause erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District 11 right-of-way; and 12 WHEREAS, emergency repairs are needed to mitigate further damage to real property; 13 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 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 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 WHEREAS, said local emergency continues until the sinkhole and all associated 21 components and conditions have been restored and declared abated by order of the City Manager 22 and City Council; and 23 WHEREAS, on December 16, 2008, City Council declared a state of Local Emergency; 24 and 25 WHEREAS, on January 27, 2009, City Council declared a continuing state of Local Emergency; and 27 4 1 WHEREAS, the City Council has received the necessary information and update in order 2 to evaluate the continuing need for a local state of emergency; and 3 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this 4 intent. 5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 6 California, as follows: 7 1. That the above recitations are true and correct. 8 2. There is a need to continue the state of the local emergency declared Tuesday, 9 December 16, 2008, by adoption of Resolution No. 2008-342, which includes mitigation of 10 property damage, placement of erosion control devices and construction and placement of storm 11 drain and associated devices. 12 3. That the City Manager or her designee is authorized and directed to complete 13 and file all appropriate forms and documents necessary to abate the emergency and to obtain the 14 maximum cooperation and assistance both financial and otherwise in responding to this 15 emergency. 16 4. That every fourteen days or at the next scheduled meeting the City Manager 17 shall review with City Council the emergency actions taken to date and determine the need to 1R continue the emergency. 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 Regular Meeting of the City Council of the City of Carlsbad on the 10th day of February, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 'CLAUDE A LEWIS, Mayor ATTEST: E M. WOOt), Cify U Cle