HomeMy WebLinkAbout2009-12-22; City Council; Resolution 2009-321RESOLUTION NO. 2009-321
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, TO CONTINUE THE
DECLARATION OF LOCAL EMERGENCY FOR REPAIR OF
A STORM DRAIN FROM 2950 LA COSTA AVENUE TO 7546
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GIBRALTAR STREET. PROJECT NO. 6607.
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WHEREAS, on November 18, 2009, a degraded and deteriorated storm drain pipeline
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was discovered using closed circuit television monitoring; and
WHEREAS, an additional inspection was performed on November 30, 2009; and
WHEREAS, the damaged portion of the storm drain conveys storm water from 2950 La
Costa Avenue to 7546 Gibraltar Street; and
WHEREAS, the degraded and deteriorated storm drain includes two large missing
segments that have the potential to cause a slope failure; and
WHEREAS, emergency repairs are needed to mitigate potential damage to remaining
storm water improvements and the existing slope and eliminate the threat of damage to real
property; 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
prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
WHEREAS, in the event of an emergency, Section 3.28.120 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 storm drain repair and all
associated components and conditions have been restored and declared abated by order of the
City Manager and City Council; and
WHEREAS, on December 8, 2009, City Council declared a state of Local Emergency;
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WHEREAS, the City Council has received the necessary information and update in order
to evaluate the continuing need for a local state of emergency; and28
1 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
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3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
4 California, as follows:
5 1. That the above recitations are true and correct.
6 2. There is a need to continue the state of the local emergency declared Tuesday,
7 December 8, 2009, by adoption of Resolution No. 2009-312, which includes mitigation of property
8 damage, placement of erosion control devices and construction and placement of storm drain and
9 associated devices.
10 3. That the City Manager or her designee is authorized and directed to complete
11 and file all appropriate forms and documents necessary to abate the emergency and to obtain the
12 maximum cooperation and assistance both financial and otherwise in responding to this
13 emergency.
14 4. That every fourteen days or at the next scheduled meeting the City Manager
15 shall review with City Council the emergency actions taken to date and determine the need to
1R10 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 22nd day of December, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
OJDE A LEWIS, Mayor
ATTEST:
ORRAir
(SEAL)
M. WOt)d, City Clerk
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