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HomeMy WebLinkAbout2010-03-09; City Council; Resolution 2010-043RESOLUTION NO. 201 0-043 A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUATION OF A DECLARATION OF A LOCAL EMERGENCY TO REPAIRIREPLACE ROADFILL AT CARLSBAD BOULEVARD SOUTHBOUND, NORTHERLY AND SOUTHERLY OF ENCINAS CREEK BRIDGE. WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by severe storms and associated tidal action beginning on or about the 17'~ day of January, 2010, and the subsequent failure of roadfill along Carlsbad Boulevard Southbound, northerly and southerly of Encinas Creek Bridge, within the City Limits of Carlsbad; and WHEREAS, these conditions created unexpected occurrences that pose a clear and imminent danger and required immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, and are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City of Carlsbad; and WHEREAS, these conditions are determined to have been caused by an act of nature, not reasonably mitigated by the best efforts of the City and its Staff; and WHEREAS, the roadway in question is classified as a federal highway, and as such the City may be eligible for reimbursement for expenses related to the repair and stabilization of the roadway; and WHEREAS, these conditions do not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and WHEREAS, on February 5, 2010, the City Manager declared a Local Emergency; and WHEREAS, City Council of the City of Carlsbad ratified the emergency at a special meeting held on February 9, 201 0. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. There is a need to continue the local emergency declared Tuesday, February 9, 2010, by adoption of Resolution 2010-030 to repairlreplace roadfill at Carlsbad Boulevard jouthbound, northerly and southerly of Encinas Creek Bridge. 3. That every fourteen days the City Manager shall review with City Council the emergency actions taken and determine the need to continue the emergency. 4. That the Finance Director is authorized to appropriate $100,000 from the Gas Tax Fund to initiate the design process. I// IN Ill Ill Ill Ill Ill /I/ Ill Ill //I Ill Ill Ill Ill //I //I I// //I Ill 4 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of March, 201 0, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackbum. NOES: None. ABSENT: Mayor Pro Tem Kulchin. ATTEST: