HomeMy WebLinkAbout2009-11-03; City Council; Resolution 2009-2791 RESOLUTION NO. 2009-279
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROCLAIMING THE
3 CONTINUATION OF A LOCAL EMERGENCY
4 WHEREAS, on September 28, 2009, a sewer main spill was discovered; and
5 WHEREAS, the sewer main spill was caused by vandals; and
6 WHEREAS, the sewer main spill was creating extreme peril to the safety of persons and
7 property at 2402 Tamarack Avenue; and
8 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
9 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
10 prevent or mitigate the loss or impairment of life, health, property, or essential public services";
11 and
12 WHEREAS, a temporary sewer pipe high line was constructed above ground to divert
13 sewer flows; and
14 WHEREAS, due to the temporary nature of the above ground sewer line, it is critical that
15 the sewer line be replaced; and
16 WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad Municipal
17 Code gives the City Manager authority to declare a local emergency subject to confirmation by
18 the City Council, by four-fifths vote at its next regularly scheduled meeting following the
19 declaration of the emergency; and
20 WHEREAS, said local emergency continues until the sewer main and all associated
21 components and conditions have been replaced and declared abated by order of the City
22 Manager and City Council; and
23 WHEREAS, on October 1, 2009, the City Manager declared a state of Local Emergency;
24 and
25 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:
1. That the above recitations are true and correct.
2. There is a need to continue the state of the local emergency declared Tuesday,
5 October 6, 2009, by adoption of Resolution No. 2009-248, which includes the replacement of
6 the sewer line, maintenance of the high line, implementation of the storm water plan, and
providing site security.
8 3. That every fourteen days the City Manager shall review with City Council the
9 emergency actions taken to date and determine the need to continue the emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 3rd day of November. 2009, by the following vote
to wit:
AYES: Lewis, Kulchin, Hall, Packard, and Blackburn.
NOES: None.
ABSENT: None.