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HomeMy WebLinkAbout2015-12-15; City Council; Resolution 2015-314EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 2015-314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY TO REPAIR/REPLACE ROADFILL AT CARLSBAD BOULEVARD SOUTHBOUND, NORTH 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 Dec. 11, 2015, and the subsequent failure of roadfill along Carlsbad Boulevard southbound, north 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 require 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 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, these conditions came to the attention of the city subsequent to the posting of the agenda for the City Council meeting of Dec. 15, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 28 2. That the City Council finds that the foregoing situation requires immediate action which could not reasonably wait for the next regularly scheduled meeting of the City Council of the City of Carlsbad, and that the need to take immediate action came to the attention of the city subsequent to the agenda for the City Council meeting of Dec. 15, 2015 being posted. 3. That the foregoing situation requires that the city dispense with the formal bidding process. 4. That the City Manager or her designee is authorized and directed to complete and file all appropriate forms and documents necessary to abate the emergency and to obtain the maximum cooperation and assistance both financial and otherwise in responding to this emergency. 5. That the City Manager or her designee is authorized to seek any available reimbursement for costs associated with this emergency, including, but not limited to federal and state emergency aid; Federal Highway Funds and any other reimbursement the city may deem appropriate, including completing any and all necessary paperwork and documentation for said aid. 6. That the Finance Director is authorized to accept any reimbursement and appropriate these funds to the emergency repair project. 7. That during the existence of this local emergency, the powers, functions and duties of the emergency organization of the City of Carlsbad are those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency Plan. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. That every 14 days the City Manager shall review with City Council the emergency actions taken and determine the need to continue the emergency. 1 2 3 IN 4 /// 5 6 7 8 9 10 11 12 13 14 15 16 17 /// 18 19 20 21 22 23 24 25 26 27 28 /// /// /// HI /// /// /// BARBARA ENGLESO City Clerk PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of December 2015, by the following vote to wit: AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. MATi HALL, Mayor ATTEST: (SEAL)