HomeMy WebLinkAbout2009-12-01; City Council; Resolution 2009-2961 RESOLUTION NO. 2009-296
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TERMINATING THE
3 DECLARATION OF LOCAL EMERGENCY FOR
REPLACEMENT OF THE SEWER MAIN AT 2402 TAMARACK
4 AVENUE.
5 WHEREAS, on September 28, 2009, a sewer main spill was discovered; and
6 WHEREAS, the sewer main spill was caused by vandals; and
7 WHEREAS, the sewer main spill was creating extreme peril to the safety of persons and
8 property at 2402 Tamarack Avenue; and
9 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
10 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
11 prevent or mitigate the loss or impairment of life, health, property, or essential public services";
12 and
WHEREAS, a temporary sewer pipe high line was constructed to divert sewer flows; and
WHEREAS, due to the temporary nature of the above ground sewer line, it is critical that
the sewer line be replaced; and
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
1 ft the City Council, by four-fifths vote at its next regularly scheduled meeting following the
19 declaration of the emergency; and
20 WHEREAS, on October 1, 2009, the City Manager declared a state of Local Emergency;
21 and
2?WHEREAS, on October 6, 2009, City Council confirmed a continuing state of Local
23 Emergency; and
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WHEREAS, on October 20, 2009, City Council confirmed a continuing state of Local
25 .Emergency; and
WHEREAS, on November 3, 2009, City Council confirmed a continuing state of Local
Emergency; and
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1 WHEREAS, on December 1, 2009, City Council declared the Local Emergency has
2 been abated and no need for state and Local Emergency to continue for the Tamarack Sewer
3 Repairs; and
4 WHEREAS, Orion Construction Corporation is expected to complete the sewer pipe
5 replacement project by January 2010.
6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
7 California, as follows:
° 1. That the above recitations are true and correct.
Q 2. That the Tamarack Sewer Replacement, Project No. 5510 is expected to be
completed by January 2010.
11 3. That the construction contract for the Tamarack Sewer Replacement, Project No.
12 5510 between the City of Carlsbad and Orion Construction Corporation has been executed and
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the Emergency Declaration may be terminated.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 1st day of December, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
L/ORRAWE MTWOOD, City CMrk A
/fSEAL)C/ U