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HomeMy WebLinkAbout2008-05-06; Municipal Water District; Resolution 13191 RESOLUTION NO. 1319 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 4 EL CAMINO REAL IS TERMINATED. 5 WHEREAS, on March 1, 2008, a sink hole and separated storm drain pipeline were c discovered in a drainage easement located at 2283 Cameo Road; and WHEREAS, the sinkhole created a nuisance in the rear yard at 2277 and 2283 Cameo Road; and WHEREAS, the sinkhole and missing storm drain segment had the potential to 7 10 11 19 20 21 22 MUNICIPAL WATER DISTRICT (CMWD) DECLARING THAT THE LOCAL EMERGENCY FOR REPAIR OF THE SINKHOLE AND POTABLE WATER PIPELINE FROM 2277 CAMEO ROAD TO undermine an existing 6-inch potable water pipeline and cause erosion and damage of real property at 2277 and 2283 Cameo Road and the downstream properties located at 3813 and _ 3817 El Camino Real; and WHEREAS, CMWD has determined the potable water pipeline requires replacement; 1 «J and 14 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden, 15 unexpected occurrence that poses a clear and imminent danger, requiring immediate action to A r* prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and 17 WHEREAS, staff determined that the potential damage to water lines, as well as the 18 threat to real property meets the criteria for an emergency as defined in Public Contract Code Section 1102; and WHEREAS, the Carlsbad Municipal Water District operates under the City of Carlsbad purchasing rules pursuant to the Operation Agreement between Carlsbad Municipal Water District and the City of Carlsbad dated June 25, 1991; and WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal Code gives the City Manager authority to declare a public emergency subject to confirmation by 24 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration 25 of the emergency; and 26 WHEREAS, the City Manager declared a Local Emergency on March 7, 2008; and 27" 28 1 WHEREAS, said Local Emergency continues until the sinkhole and all associated 2 components and conditions have been restored and declared abated by order of the City Manager 3 and City Council; and . WHEREAS, the Carlsbad Municipal Water District declared a Local Emergency; and WHEREAS, said Local Emergency has been abated and there is no need for the state of 5 Local Emergency to continue for repairs of sinkhole and potable water pipeline from 2277 Cameo 6 Road to El Camino Real. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Q Water District (CMWD) of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 10 2. The declaration of emergency is hereby terminated according to State law. 11 /// 12 /// 13 /// 14 15 '" III 17 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 '" 26 '" III27 28 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 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council held on the 6th day of May, 2008, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: /L&^-^-t D, Secretary (J ° -