HomeMy WebLinkAbout2010-01-12; City Council; Resolution 2010-0081
RESOLUTION NO. 2010-008
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL
EMERGENCY FOR REPAIR OF A STORM DRAIN FROM 2950
4 LA COSTA AVENUE TO 7546 GIBRALTAR STREET, PROJECT
NO. 6607. IS TERMINATED.
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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
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WHEREAS, an additional inspection was performed on November 30, 2009; and
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WHEREAS, the damaged portion of the storm drain conveys storm water from 2950 La
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Costa Avenue to 7546 Gibraltar Street; and
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WHEREAS, the degraded and deteriorated storm drain includes two large missing pipe
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segments that have the potential to cause a slope failure; and
WHEREAS, emergency repairs are needed to mitigate potential damage to remaining
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storm water improvements and the existing slope and eliminate the threat of damage to real14
property; and
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WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,16
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
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WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad Municipal
19 Code gives the City Manager authority to declare a public emergency subject to confirmation by
20 the City Council, by four-fifths vote, at its next regularly scheduled meeting following the
21 declaration of the emergency; and
22 WHEREAS, on December 8, 2009, City Council declared a state of Local Emergency;
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24 WHEREAS, said local emergency continues until the storm drain repair and all
25 associated components and conditions have been restored and declared abated by order of the
City Manager and City Council; and
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1 WHEREAS, on December 22, 2009, City Council declared a continuing state of
2 Local Emergency; and
3 WHEREAS, said Local Emergency has been abated and there is no need for the state of
4 Local Emergency to continue for repairs of the storm drain pipeline from 2950 La Costa Avenue to
5 7546 Gibraltar Street.
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.
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2. That the declaration of emergency is hereby terminated according to State law10 ///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of January, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
JOE" A(tEWfs7 Mayor
ATTEST: