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HomeMy WebLinkAbout2009-03-10; City Council; Resolution 2009-044EXHI&/T RESOLUTION NO. 2009-044 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL EMERGENCY FOR REPAIR OF THE SINKHOLE AND STORM 4 DRAIN FROM CARLSBAD BOULEVARD TO OUTFALL IN NORTH COUNTY TRANSIT DISTRICT RIGHT-OF-WAY, 5 PROJECT NO. 3624 IS TERMINATED. _ 6 WHEREAS, on December 5, 2008, a sinkhole was discovered at 2550 Carlsbad 7 Boulevard; and 8 WHEREAS, the sinkhole created a nuisance in the rear yard at 2550 Carlsbad 9 Boulevard; and 10 WHEREAS, the sinkhole and damaged storm drain pipe had the potential to cause 1 1 erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District 12 Right-of-Way; and 13 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden, 14 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 I O WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal 16 Code gives the City Manager authority to declare a public emergency subject to confirmation by 17 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration 18 of the emergency; and 19 WHEREAS, said Local Emergency continues until there is no further need to enter into 20 emergency contracts and is declared abated by order of the City Council; and 21 WHEREAS, on December 16, 2008, City Council declared a state of Local Emergency; 22 and 23 WHEREAS, on January 6, 2009, City Council declared a continuing state of 24 Local Emergency; and 25 WHEREAS, on January 13, 2009, City Council declared a continuing state of 26 Local Emergency; and 27 28 1 WHEREAS, on January 27, 2009, City Council declared a continuing state of 2 Local Emergency; and 3 WHEREAS, on February 10, 2009, City Council declared a continuing state of 4 Local Emergency; and 5 WHEREAS, on February 17, 2009, City Council declared a continuing state of 6 Local Emergency; and 7 WHEREAS, said Local Emergency has been abated and there is no need for the state of 8 Local Emergency to continue for repairs of sinkhole and storm drain pipeline from Carlsbad 9 Boulevard to North County Transit District (NCTD) Right-of-Way. 10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 19 1. That the above recitations are true and correct. 13 2. That the declaration of emergency is hereby terminated according to State law. 14 /// 15 ///16 /// 17 /// 18 19 20 21 22 23 24 25 26 27 28 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 March, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. >, Mayor ATTEST: 0RRAINAM. WOOp)Cit'y Clerl ' ' ^